OXFORD UNIVERSITY COMMISSION. EEPORT OF HER MAJESTY’S COMMISSIONERS APPOINTED TO INQUIRE INTO THE STATE, DISCIPIJNE, STUDIES, AND REVENUES OF THE UNIVERSITY AND COLLEGES OF OXFORD : TOGETHER WITH THE EVIDENCE, AND AN APPENDIX. ^resenteU to botf) i^ouses of parliament bg CDommanb of I^er iHaJesty, LONDON: PRINTED BY W. CLOWES AND SONS, STAAIFORD STREET, FOR HER MAJESTY’S STATIONERY OFFICE. 1852. Pages COMMISSION ...... i‘i— iv MINUTES ...... V— xxiv CONTENTS OF EEPORT ' . . . • xxv— xxviii REPORT 1—260 APPENDIX . . • • • • 1—72 CONTENTS OF EVIDENCE .... i— viii EVIDENCE 1—387 9 COMMISSION. C4-2. VICTORIA R. VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith : To The Right Reverend Father m God, Samuel Bishop of Norwieh; Our Trusty and Wellbeloved Archibald Campbell Tait, Doctor of Civil Law, Dean of Carlisle ; Fbancs Jeun^ GleiL, Doctor of Civil Law, Masterof Pembroke College in Our University of Ox oi , Henry George Liddell, Clerk, Master of Arts. Head Masterof St Peers Colleo-e, Westminster; John Lucius Dampier, Esq., Master of Ai s, ice- Warden of the Stannaries of Cornwall ; Baden Powell. Clerk, Master ot Arts, Savilian Professor of Geometry in Our University of Oxford ; and George Henry Sacheverell Johnson, Clerk, Master of Arts, of Queens College in Our University of Oxford, Greeting : WHEREAS, WE have deemed it expedient, for divers good causes and con- siderations, that a Commission should forthwith issue for the purpose of enquir- ing into the State, Discipline, Studies, and Revenues of Our University of Oxford, and of all and singular the Colleges in Our said University . NOW, KNOW YE, that We, reposing great trust and confidence in youi knowledge, ability, and discretion, have authorized and appointed, and do by these Presents authorize and appoint you, the said Samuel Bishop of Norwich, Archibald Campbell Tait, Francis Jeune, Henry George Liddell, John Lucius Dampier, Baden Powell, and George Henry Sacheverell Johnson, to he Our Commissioners for enquiring into the State, Discipline, Studies, and Revenues of Our University of Oxford, and of all and singular the Colleges in Our said University. And for the better enabling you to carry these Our Royal Intentions into effect. We do by these Presents authorize and empower you, or any four or more’of you, to call before you, or any four or more of you, such persons as you may judge necessary, by whom you may be the better informed on the matters herein submitted for your consideration ; also to call for, and examine all such Books, Documents, Papers, and Records, as you shall judge likely to afford you the fullest information on the subject of this Our Commission, and ,5 to enquire of and concerning the Premises by all other lawful ways and means whatsoever. a 2 lG768f> IV COMMISSION. And it is Our further Will and Pleasure, that you, or any four or more of you, do report to Us in Writing, under your Hands and Seals, within the space of two years from the date of these Presents, or sooner, if the same can reason- ably he, your several proceedings by virtue of this Our Commission, together with your opinions touching the several matters hereby referred for your consideration. And We will and command, and by. these Presents ordain, that this Our Commission shall continue in full force and virtue, and that you. Our said Com- missioners, or any four or more of you, may, from time to time, proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by Adjournment. And for your assistance in the due execution of these Presents, We have made choice of Our Trusty and Wellbeloved Arthur Penrhyn Stanley, Clerk, Master of Arts, to be Secretary to this Our Commission, and to attend you, whose services and assistance We require you to avail yourselves of from time to time as occasion may require. Given at Our Court of St. James’s, the thirty-first day of August, 1850, in the fourteenth year of Our Reign, , By Her Majesty’s Command, G. GREY. [ V ] OXFORD UNIVERSITY COMMISSION. Tlic Meetings were all held at the Official llesidence of the First Lord of the rrcasmy, in Downing- street. lom The first Meeting was held on Saturday 19th October, 18o . Present : The Bishop of Norwich, The Dean of (hirlisle, The Master of Pembroke, The Rev. H G Liddell, J. L. Datipiicr, Esfj., The Rev. Professor Powell, The Rev. (L H S Johnson. The Rev. A. P. Stanley, {Secretary.) The Commission was road. ^Thlf circular letters, enclosing a copy of Her Majesty’s Co, n.nisslon and addressed to the Chancellor, the Vice-Chancellor, and 'Cis^itors ; Professors of Colleges and Halls, and other eminent persons belonging to the Univeisity ^^That^pplication be made to the Treasury for an issue of money for defraying the current expenses of the Commission, and p i That the Secretary be requested to procure the services ot a Uerk. _ _ Mr. Goldwin Smith was appointed Assistant-Secretary to the Commission. (Adiourned till Friday next, the ’25th inst.) S. Norwich. Chairman. At a Meeting held Friday 2.ith October, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, 'I'he Rev. G. I L S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. _ The Evidence of N. W. Senior, Esq., Professor of Political Economy in the University of Oxford, having been taken at Oxford by four Members of the Commission, in conse- quence of his having occasion to leave England for a lengthened period, was laid before the Board. . , n ^ A letter requesting certain returns from the Vice-Chancellor was prepared. Mr. John Hastings Jephson was appointed Clerk to the Commission, on the recom- mendation of Sir Charles Irevelyan. ('Adiourned till Tuesday next, the 29th inst.) S. Norwich. At a Meeting held Tuesday 29th October, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. G. H. S Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. Questions to the University and College authorities were prepared. (Adjourned till to-morrow, the 30th inst.) S. Norwich. VI OXFORD UNIVERSITY COMMISSION. At a Meeting held Wednesday 30th October, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. G. H. S. Johnson. The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. Questions to the University and College authorities were considered. The Cambridge University Commissioners held a conference with the Board. (Adjourned till to-morrow, the 31st inst.) S. Norwich. At a Meeting held Thursday 3Ist October, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (^Secretar?/.) The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. The Questions to the University and College authorities were further considered. (Adjourned till to-morrow, at 12 o’clock.) S. Norwich. At a Meeting held Friday 1st November, 1850. Present : The Bishop of N orwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell. The Rev. A. P. Stanley, (^Secretary.') The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. Questions to the University and College authorities were further considered. (Adjourned till to-morrow at 12 o’clock.) S. Norwich. At a Meeting held Saturday 2nd November, 1850. \ Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell, The Rev. G. H. S. Johnson. Ihe Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. Questions to the University and College authorities were further considered. Replies to Circular letters wei’e read. (Adjourned till Wednesday the 13th inst., at 12 o’clock.) S. Norwich. At a Meeting held Wednesday 13th November, 1850. Present : The Bishop of Norwich, d'he Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell, The Rev. G. LI. S. Johnson, 'Ihe Rev. A. P. Stanley, {Secretary.) J’he Minutes of the last Meeting were read and confirmed. Replies to Circular letters w'crc read. The Questions to the authorities of the University and Colleges were further considered. (Adjourned till to-morrow' at 12 o’clock.) S. Norwich. MINUTES. ^ Vll At a Meeting held Thursday 14th Noveiuber, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The M aster of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. • , i Questions to the University and College authorities were further considered. (Adiourned till to-morrow, at P2 o’clock.) S. Norwich. At a Meeting held Friday 15th November, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, d’he Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampiei', Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. The Questions were further considered. (Adiourned till to-morrow, at 12 o’clock.) ^ S. Norwich. At a Meeting held Saturday 16th November, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq.. The Rev. Professor Powell, The Rev. G. H. S. Johnson. * The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. A Letter from the Vice-Chancellor of the University of Oxford was read. The Questions were further considered. ^ ('Adiourned till Monday 18th instant, at 12 o’clock.) S. Norwich. At a Meeting held Monday 18th November, 1850. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell. The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. The Questions for Colleges further considered. The Questions for Public Examiners and Questions relative to the Vice-Chancellor Court were prepared. (Adjourned till Monday 2nd December, 1850.) S. Norwich. OXFORD UNIVERSITY COMMISSION. viii At a Meeting held Monday 2nd December, 1850. Present : The Bishop of Norwich, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.') The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. Questions for Public Examiners were further considered. Resolved, That the Statutes of the Oxford Colleges be printed. (Adjourned till Thursday 2nd January, 1851.) S. Norwich. At a Meeting held Thursday 2nd January, 1851. Present : The Bishop of .Norwich, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson, d’he Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. Questions for Public Examiners were further considered. (Adjourned till Monday 3rd February next.) ^ S. Norwich. At a Meeting held Monday 3rd February, 1851. Present : The Bishop of Norwich, The Dean of ('arlisle. The Master of Pembroke, The Rev. H. G. Liddell, The Rev. G. H. S. Johnson, The Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. Replies to Circular letters were read. Questions for Public Examiners were finally agreed upon. (Adjourned till Monday 24th instant.) S. Norwich. At a Meeting held Monday 24th February, 1851. Pi'esent : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Pow'ell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. Replies to Circular Letters were read. The question of the Constitution of the University was considered. (Adjourned till to-morrow, at 12 o’clock.) S. Norwich. MINUTES. IX At a Meeting held Tuesday 25th February, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, I’he M aster of Pembroke, The Rev. H. G. Liddell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. Replies to Circular Letters were read. The question of University Extension was considered. (Adiourned till the 1 1th March next.) ^ S. Norwich. At a Meeting held Tuesday 11th March, 1851. Present : The Bishop of Norwich, 'Phe Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of the Endowment and increase of Professorships (Adjourned till to-morrow.) was considered. S.. Norwich. At a Meeting held Wednesday 12th March, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Damyjier, Esq , Tlie Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of restriction on Fellowships was considered. (Adjourned.) S. Norwich. At a Special Meeting held Tuesday 18th March, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary). The Minutes of the last Meeting were read and confirmed. A communication having been received from the Vice-Chancellor of the University of Oxford, comprising a Case' submitted by the University authorities to Counsel and the Opinion of Counsel thereon, together with a letter from the Vice-Chancellor— It was Resolved, To lay the Case and Opinion before Lord John Russell, and to represent to him that so long as the act of the Crown in issuing the Commission is subject to the imputation which the Opinion throws on it of being not legal, the Commissioners anticipate serious obstruction to their inquiry. _ . That they, therefore, submit to Lord John Russell the question whether it will be advisable or not for him to take some steps which may satisfy those who entertain doubts of the legality of the Commission, and are therefore deterred from giving evidence. fAdiourned till Tuesday, 25th instant.) S. Norwich. _ ^ X OXFORD UNIVERSITY COMMISSION. At a Meeting held Tuesday 25th March, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of the College Fellowships was considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Wednesday 26th March, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of College Fellowships was considered. (Adjourned till Tuesday 8th April next.) S. Norwich. At a Meeting held Tuesday 8th April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of College Fellowships was considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Wednesday 9th April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of College Fellowships was considered. (Adjourned till to-morrow.) S. Norwich. MINUTES. XI At a Meeting held Thursday lOth April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, d he M aster of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of College Fellowships was considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 11th April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. IL S. Johnson. The Rev. A. P. Stanley {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of the general expenses of the University was considered. (Adjourned till Friday the 25th inst.) S. Norwich. At a Meeting held Friday 25th April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The question of University Discipline was considered. (Adiourned till to-morrow.) S. Norwich. At a Meeting held Saturday 26th April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. Previous resolutions were further considered. (Adjourned till Monday the 28th inst.) S. Norwich. h 2 OXFORD UNIVERSITY COMMISSION. xii At a Meeting lield Monday 28th April, 1851. ’'Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell. The Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. Previous resolutions were further considered. (Adjourned till to-morrow). S. Norwich. At a Meeting held Tuesday 29th April, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell. The Rev. A. P. Stanley, (^Secretary.) The Minutes of the last Meeting were read and confirmed. Previous resolutions were further considered. (Adjourned till Friday 2nd May, 1851.) S. Norwich. At a Meeting held Friday 2nd May, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. Previous resolutions were further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Saturday 3rd May, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (Secretary.) The Minutes of the last Meeting were read and confirmed. The draft of a Report was considered. (Adjourned till Tuesday 3rd June, 1851). S. Noravich. MINUTES. At a Meeting held Tuesday 3rd June, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, J. L. Dam pier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Minutes of the last Meeting were read and confirmed. The avaft of a Kepo« ,,, ,5,, ^ At a Meeting held Wednesday 25th June, 1851. Present : The Bishop of Norwich, The Master of Pembroke, The Rev. H. G. JAddell, J. L. Dampier, Esq., The Rev. Professor Powell. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was father considered. (Adjourned till Friday and Saturday 4th 5th July next ; At a Meeting held Friday 4th July, 1851. Present : The Dean of Carlisle, The Master of Pembroke, The Rev. H.G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary. The draft of a Report was further considered. (Adjourned till to-morrow.) A. C. Tait. At a Meeting held Saturday 5th July, 1851. Present : The Dean of Carlisle, The M aster of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq , The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till VN ednesday the 9th inst.) A. C. Tait. At a Meeting held Wednesday 9th July, l8ol. Present : The Dean of Carlisle, 4’he Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S^ Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered (Adjourned till Ihursday the 17th inst.J A. C. Tait. XIV OXFORD UNIVERSITY COMMISSION. At a Meeting held Thursday 17th July, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampicr, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. Tlie Rev. A. P. Stanley, {Secretary.) The draft of a Report’was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 18th July, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Thursday 24th inst.) S. Norwich. At a Meeting held Thursday 24th July, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J, L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 25th July, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Friday 1st August, 1851.) S. Norwich. At a Meeting held Friday 1st August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, IFe Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. MINUTES. XV At a Meeting held Saturday 2nd August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, hsq.. The Rev. Professor Powell, The Rev. G. H. S. Johnson. ' The Rev. A. P. Stanley, {Secretary.) 'fhe draft of a Report was further considered. (Adiourned till Wednesday 6th inst.) ^ S- Norwich. At a Meeting held Wednesday 6th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Thursday 7th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (yVdjourned till to-morrow.) S. Norwich. At a Meeting held Friday 8th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, I’he Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Saturday 9th August, 1851. Present : , The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Tuesday 12th inst.) S. Norwich. XVI OXFORD UNIVERSITY COMMISSION. At a Meeting held Tuesday 12th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, 'Die Master of Pembroke, The Rev. H. G, Liddell, Tlie Rev. Professor Powell. The Rev, A. P. Stanley, {Secretary.') The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Wednesday 13th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Thursday 14th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 15th August, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. ('Adiourned till Wednesday 1st October, 1851.) S. Norwich. At a Meeting held Wednesday 1st October, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. MINUTES. XV 11 At a Meetin}^ held Thursday 2nd October, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, .1. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, (Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 3rd October, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary. The draft of a Report was further considered. (Adjourned till Monday the 6th inst.) S. Norwich. At a Meeting held Monday 6th October, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) J he draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Tuesday 7th October, 851. Present : The Bishop of Norwich, The Dean of Carlisle. The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. ^ 1 ne Qiau i Yviday next, the 10th inst.) S. Norwich. At a Meeting held Friday 10th October, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. 11. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H S. Johnson. , ^ . The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Tuesday 11th November, 1851.) S. Norwich. OXFORD UNIVERSITY COMMISSION. xviii At a Meeting- held Tuesday ilth November, 1851. Present : The Bishop of Norwich, The Master of l^embroke, The Rev. H. G. Liddell, The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Wednesday 12th November, 1851. Present : Tl?e Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Thursday 13th November, 1851. Present ; The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. G. 11. S. .Johnson. . The Rev. A. P. Stanley, {Secretary .) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 14th November, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Saturday 15th November, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., , The Rev. Professor Powell, The Rev. G. H. S Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Monday 15th December, 1851.) S. Norwich. MINUTES. XIX \t a Meeting held Monday iotli December, 18 d1. Present : The Bishop of Norwich, The Dean of Carlisle, The M aster of Femhroke, The Rev. H. G. Liddell, J. L. Dumpier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered . ^ (Adjourned till Wednesday 17th inst.) S. Norwich. At a Meeting held Wednesday 17th Decembei, 1851. Present ; The Bishop of Norwich, The Dean of Carlisle, The Master of Pemhrohe, The Rev. H. G. Liddell, J. L. Damyher, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Friday 19th inst.) S. Norwich. At a Meeting held Friday 19th December, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, ,T. L. Dampier, Esq., The Rev. G, H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. ('Adiourned till Thursday 29th inst.) S. Norwich. At a Meeting held Thursday 29th December, 1851. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Friday 30th December, 1851. Present : The Bishop of Norwich, T he Dean of Carlisle, The Master of Pembroke, The Rev. 11. G. Liddell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The draft of a Report was further considered. (Adjourned till Friday 13th February, 1852.) S. Norwich. XX OXFORD UNIVERSITY COMMISSION. At a Meeting held Friday 13th February, 1S52. Present : The Bishop of Norwich, The Idean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampicr, Esq., The Rev. Professor Powell, The Rev. G. H. 8. Johnson. 'I he Rev. A. P. Stanley, (Sec?'ctari/.) d he draft of a Report was further considered. (Adjourned till to-morrow.) S. Norwich, At a Meeting held Saturday 14th February, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of I’embroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor IMwell, The Rev. G. II. S. Johnson. The Rev. A. P. Stanley, (Secretari/ ,) 'I he draft of a Report was further considered. (Adjourned till Monday 1st March.) S. Norwich. At a Meeting held Monday 1st March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. II. G. Liddell. The Rev. A. P. Stanley, (^Secretary.) The Report was read and considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Tuesday 2nd March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) Tlie Report was read and considered. (Adjourned till Thursday 4th inst.) S. Norwich. At a Meeting held Thursday 4th March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell. The Rev. A. P. Stanley, {Secretary.) The Report was read and considered. (Adjourned till to-morrow.) S. Norwich. MINUTES. XXI At a Meeting held Friday 5th March, 1852. Present : The Bishop of Norwich, The Dean of Caidisle, The Master of Pembroke, The Rev. H. G. Liddell, .1. L. Dampier, Esq., The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary^ The Report v^^as read and considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Saturday Gth March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, 'J he Rev. H. G. Liddell, ,T. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Report was read and considered. (Adjourned till Monday 8th inst.) S. Norwich. At a Meeting held Monday 8th March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The M aster of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Keiiort was read and considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Tuesday 9th March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell. 'Phe Rev. A. P. Stanley, {Secretary.) The Report was read and considered. ( Adjourned till INIonday 22nd inst.) ^ •’ S. Norwich. At a Meeting held Monday 22nd March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq , The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) The Report was read and considered. (Adjourned till Wednesday 24th inst.) S. Norwich. XXll OXFORD UNIVERSITY COMMISSION. At a Meeting held Wednesday 24th March, 1852. Present : The Bishop of Norwich, TTie Dean of Carlisle, The Master of Pembroke, The Hev. H. G. Liddell, J. L. Danipier, Esq., The Rev. Professor Powell, TTie Hev. G. H. S. Johnson. The Hev. A. P. Stanley, {Secretary.) The R 'port was read and considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting- held Thursday 25th March, 1852, Present : The Bisho]) of Norwich, The Dean of Carlisle, The Master of Pembroke, The Hev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. .lohnson. The Rev. A. P. Stanley, {Secretary.) The Report was read and considered. * (Adjourned till to-morrow-.) S. Norw-icii. At a Meeting held Friday 2r)th March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. IE G. Liddell, J. L. Dampier, Esq., T’he Rev. Professor Pow-ell, The Rev. G. IT. S. .Johnson. The Rev. A. P. Stanley, (Secretary.) The Report w-as read and considered. (Adjourned till to-morrow.) S. Norwich. At a Meeting held Saturday 27th March, 1852. Present : . The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, The Rev. Professor Pow-ell, The Hev. G. IT. S. Johnson. The Hev. A. P. Stanley, (Secretary?) The Report was read and considered. (Adjourned till Monday 29th inst.) S. Norwich. At a Meeting held Monday 29th March, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Hev. H. G. Liddell, J. L. Dampier, Esq , The Rev. Professor Powell, The Rev-. G. H. S. Johnson. The Hev. A. P. Stanley, (Secretary .) The Report was read and considered. (Adjourned till to-morrow.) Norwich. MINUTES.^ XXlll At a Meeting held Tuesday 30th March, 1852. The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary) At a Meeting held Wednesday 31st March, 1852. The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The. Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) At a Meeting held Thursday 1st April, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev. H* G. Liddell, The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) At a meeting held Thursday 22nd April, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The M aster of Pembroke, The Rev. LI. G. Liddell, J. L. Dampier, Esq., The Rev. Professor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) At a Meeting held Friday 23rd A]3ril, 1852. Present : The Bishop of Norwich, The Dean of Carlisle, The Master of Pembroke, The Rev, H. G. Liddell, J. L. Dampier, Esq., The Rev. Pi’ofessor Powell, The Rev. G. H. S. Johnson. The Rev. A. P. Stanley, {Secretary.) Present : The Report was read and considered. (Adjourned till to-morrow.) S. Norwich. Present : The Report was read and considered. (xVdjourned till to-morrow.) S. Norwich. The Report was read and considered. (Adjourned till Thursday 22nd inst.) S. Norwich. was appointed for the purpose of com' The Report on the University was Mr. Kdward A. Bond, Assistant in finally read and confirmed. i the Manuscript Department in the British Museum, ipleting the revision of the Statutes for publication. The Report on the Colleges was finally read and confirmed. S. Norwich I'x: I ,-tr;', ), ;.' J. t ’ ,>.'/ ” 1 ^ V» ■i< / ,1'iif *'ij. l' ■^.t I i' ,) ’i >M'i. i'v> .M .V'/t •l.J'.-: f!: ■I .H': •'.., ,.i. .n V ' . ! w'^l , 0 .7 ■ ' r ■>tyr (i \ ftait ‘f r n'TV.'rKvl r,v/•■•»• (!!•■.' ■• , • : - ’ .'"i . ^ ■' • ' , .r.M . ■,/ ■/. ' ' , 'tr.; 01 ' ' .r*’ft>'i?ij,o<. '.81-' . r f ‘.O' .' /'j- •' ' '*► .i! .,.,'1' . _ - ,'; Ml ' ; 'f ■ '. 7 * « /‘0■;0^ ^'MO•'' fr"E /•;■ '/f f'f yj, > (.i*::! J'« ‘.' .1 i; ./ ii i.’ .7,) t::-' C -I- .‘X 'r r.|L^,v.,: ., : r «.ja '• ■ 't< , ' ,j ' *‘.i. '1 ti:--. • ;i''/ *’ ■' • «• 0;f l’ , . ... " ■ . ' ; . 1 ■: * • I ^ i . / ' ' p, ' ■ ' iu ' '■ * ' ■' . > .u .,i .■ ’ . . 1 . ■ 1 .‘i> j < ■ t ' *0 ■ , i.', 7i, ,0.. . ■:)X ' .V'v.i V,i i', ^ ^ • '■ ■ U.t‘ I , .' _'wi ilt. i. ( .\\Ai,\hX.-Z) .V -*.■■ ,' ; 'M .'r‘jU iJliT’ . ' ■ ■.■■ ■• ^ , ■ .<■' V /.at! t'fio'.r ?.vvf'’’ .r^-r-vap-TT p,-, ' » (f'-','' to - f' .i ■ r ■' 3 ; v.ii?y‘*A ,Li'' . .' ! ' ..'I 'ij.jT -i.,! .••ij ,, oili’!') :.'j. ( ','i O'.. - < ill •; •! iV-.' . , ' . r ( f!iJ j.-onif'j ’> 7 ) ■ , •* r4: ■ ‘ .... ■ . . - . <.♦. ♦o V . fnr.l: lifo-i /; :A ■ ■ '.• I ' p'.riM I.. .»■ .'.ii' > ‘ ■ 7 1 11'' "t ' * , 4 i: loi.-iU-l . . ' .(r V . . . . ' • f , : 4j . 1 , 'r ..’ 1 •; I. - 7 /'■' • ' ' ■ ■' '<•’ . ■ oJ i' . . A . i; 1 *, * 1* ' /'■ ' f V, I - . a.'Uv i'* Ul'j) Laj. 1.7 vx7/f.\i‘) .,‘ii] ' J.'OWER OF THE UNI- i^ERSITY TO ALTER THE LiAUDIAN STATUTES. Letters Patent of King Cliarles L, and Letter of Laud, prefixed to the Corpus Statutoruno. Statutes. Tit. x., sec. 2, 2, 5. extent of that power, if it exist, has often been a subject of dispute. Such a power has, liowever, been generally supposed to reside in the Sovereign, as Visitor. It has otten been exercised by the Crown, and lias often been recog- nised by the University. In 1647, tlie Delegates of the University urged, as a reason for resisting tlie Parliamentary Visitors, that they “humbly conceived “ that they could not acknowledge any Visitor hut the King, or such as are “ immediately sent by His Majesty, it being one of His Majesty’s undoubted “ riglits, and one of the chief privileges of the University, that His Majesty and “ witliout him none other is to visit the University.” Prynne, on the other hand, employed Ins learning in an endeavour to show that the King was not the Visitor of the University. Within our own memory the right of visitation Avas asserted to belong to the Crown, in an opinion given by Sir John (noAv Lord) Campbell and Dr. Lushington in 1836; and this right was admitted in express terms before the Privy Council by Sir Charles Wetherell, when acting as Counsel for the University in 1834. It has never been formally denied by the University, unless sudi a denial is implied in the petition to Your Majesty adopted in Convocation on the 21st of May, 1851. We refrain from an examination of this question either in a legal or an- tiquarian point of view. Even if the fullest authority ever claimed by the Sovereign Avere demonstrated to be constitutional, the long interruption of its use might render it difficult to discover the proper mode of exercising it. Whenever interposition may become necessary, recourse will probably be had to the Legislature for sufficient and indisputable poAvers. Ihe University of Oxford, like every other corporate body, possesses the right of making Bye-laAvs for its oAvn government. This right it has exercised from the middle of the thirteenth century Avithout impediment, unless the name of impediment can he given to the protest of the Bishop of Lincoln in 1314. But it has at various times been compelled to enact or to receive laAvs by superior authority. It Avas under tlie Tudor and Stuart sovereigns that this mode of intervention on the part of the ruling poAvers became most frequent. An attempt to frame a Code of Statutes Avas made by Cardinal WoLey, but Avas Irustrated probably by his fall. The Commissioners of King EdAvard VI, dreAv up an entirely iieAv body of Statutes for both Universities, “ in order that “each eye of the nation might be set in motion by similar muscles.” This Code Avas brief and comprehensive ; and, though it seems never to have been formally accepted by the University, and soon fell into disuse, it remained nominally in force till the enactment of the present Statutes. Cardinal Pole sent doAvn Ordinances Avhich, hoAvever, Avere only intended to be provisional ; and they fell to the ground on the accession of Queen Elizabeth. During her reign, and that of King James I., the University received many neiv laAvs from the several Chancellors of that period, often under the authority of the CroAvn. King Charles I. acted on the University Avith more effect. In the first instance he required the University to confirm several important Statutes Avhich emanated from himself. In the Chancellorship of Archbishoj) Laud the Statutes were at last digested into one uniform Code, Avhich still governs the University under the title of “ Corpus Statutorum Universitatis Oxonieiisis.” This Code was in part compiled, in part composed by special Delegates appointed for the purpose in 1629 by the Convocation of the University, at the command of the King. After having been tried for one year, it Avas sent doAvn to Oxford under the seal of Laud, as Metropolitan and Chancellor of the University, together Avith Letters-Patent under the Great Seal of England, and was formally accepted by the University on the 21st of June, 1636. It can hardly be doubted that these Statutes Avere intended by all the parties to their enactment to ho unalterable except aa ith the concurrence of the Royal authority. The Letters-Patent of King Charles I., in the usual language of Royal Charters, “ give and grant for himself, his heirs, and successors, to the Chan- “ cellor. Masters, and Scholars of the University for ever,” that these Statutes “shall acquire and retain all force and effect in the University.” The con- firmation of Archbishop Laud prefixed to the Code “confirms, approves, and “ ratifies for ever” this volume of University Statutes. It is declared in the Statutes themselves that “ the poAver of cxjilanation is not extended to Statutes “ sanctioned or confirmed by Royal authority, Avithout the consent of the King “himself;” and that “no dispensation, total or partial, shall be proposed con- REPORT. 5 “ cernin«’ any Statute or Decree framed or to Ije framed at the command or “ suo-^-estion of the Royal authority, unless a change or relaxation has been “ exmessly enjoined by the like Royal authority.” That these Fohibitions extend to the whole body of Laudian Statutes seems clear, from the fact that in the Prefatory letters of the Chancellor, and m the Letters-Patent oi the Kino- the whole Code is expressly said to have been undertaken at the “command” of the King, and is solemnly “accepted, approved, ratified, and “confirmed” by him. If the University cannot interpret or dispense with Statutes so confirmed, much less can it abrogate them. ^ .w Such, also, appears to have been the view of the University at the time that the Code was accepted. Secretary Coke, in his oration on that occasion grounded the validity of the Statutes on the general “ axiom and fundamental “ rule of government” that “ all our laws arc the King’s lavys, and none can “be enacted, changed, or abrogated, without him.” Ihe University, m its letter to the King and to the Chancellor, spoke of them as ‘‘ eternal laws, as laws which were to endure “ in annum Platonicum.” The Convocation ol the University was not called upon, as in former cases, to confirm this Code, but solemnly accepted it; and the Vice-Chancellor “embraced’ it m the name of the University. . The practice of the University for more tlian a century after the acceptance of the Laudian Code suggests the same conclusion. Only eight Statutes were enacted between 1636 and 1759. These for the most part added to the Code of the University, but abrogated no portion of it. Two ol them might seem to contain abrogations of enactments in the Code ; but it is found on inquiry that of these two, one merely carries out an express provision made in the Code ; and Avith respect to the other, Avhich more nearly resembles an abiogation, it has been maintained that this alters what is only a custom recognised by the Code. ^ u i The view which represents the Code as unalterable except by Royal autho- rity, is also confirmed by the analogous cases ol the Codes imposed on t le University of Cambridge by Queen Elizabeth and Archbishop Whitgilt in 1562, and on the University of Dublin by Archbishop Laud in 1637, one year only after the acceptance of the Laudian Code. 1 he Code ol each of these Universities is regarded as unalterable. It must, however, be stated, that in both cases abrogation is expressly forbidden by the Statutes themselves. Ill 1759 tlie question of the power of the University to abrogate any 1“^ Laudian Statutes without the consent of the Crown was formally raised. The Heads of Houses had attempted, in a time of great political excitement, to introduce a new Statute alTecting the franchise. A case was submitted by them to Messrs. Morton and Wilbraham, whose opinion, together with the case, is o-iven in the Appendix. These lawyers say : “Itivasnot in the pon ei ol the “ University to delegate their right oi making perlect Bye-laws and Statutes “to any subject, or even to the King; and as it was not in the power of the “University itself to enact any Statutes wliich should remain unalterable or “ unrepealable, so it could not delegate a poiver to any subject, or to the “ Crown, to make laws that should not be repealable without the consent ol “ such subject or his heirs, or such King and his successors.” Mr. Justice Blackstone, in an opinion which Ave have not been able to procure, but Avliich is reported as having been quoted by the Duke of Wellington in the House of Lords, agreed “ that Avith resiiect to any prohibition contained in former “ Statutes, it Avas certain that no Corporation had the poAver to make Bye-laws “ or Statutes abridging the legislative poAvers of their successors, aa ho had the “ same right to enact as their predecessors had ; any more than an Act ol “ Parliament could effectually liiake an Act to abridge any future Act. There- “ fore any academical Act or Bye-laAV Avhich seemed to assume such poAA er “ Avas either void in itsell or voidable, and subject to be repealed by any siibse- “ quent Act.” But the opinions given in 1759 did not set the question at rest. The Proctors of that year maintained that the question really at issue had neither been proposed by the Heads nor ansAvered by Counsel. That question Avas not, tliey said, Avhether the University could make Bye-laAvs, which no one doubted ; nor Avhether the University could delegate to the King or to a subject its poAver of making Statutes, AAdiich should not be repealable Avithout the consent of the suecessors of the one or the heirs oi the other; but aa hether the Kings Letters Patent, reciting the several titles of Statutes, and not only solemnly Laud’s Chancellor- ship, edited by Wharton, p. 88. Documents in Appendix D., pp. Wood’s Annals, _ anno 1636, vol. ii- p. 405. Appendix D., p. Hansard’s Dehai Dec. -.il, .837, Appendix D., p. 6 OXFORD UNIVERSITY COMMISSION. confirming them, hut granting to the Chancellor, Masters, and Scholars that they should he for ever in force, was not virtually a Charter which could not he destroyed hy the University after having been accepted and acted on for many years. Appendix D. , p. 52. n PRACTICE OF THE UNI- VERSITY AS TO THE ALTERATION OF STATUTES. GROUNDS OF THE PRACTICE OF THE UNI- VERSITY. Statutes, Tit. xvii., sec. 1, § 2. Tit. X., sec. 2, § 2, 5. Oxford University Calendar, p. 4. Statut. Univ., Tit. XV., § 6. Appendix D, p. 43. Compare Appendix D, p. 48. GENERAL RECOMMENDA- TION WITH REGARD TO THE STATUTES. The question M^as again raised in 1836, when it was proposed to deprive Dr. Hampden of certain rights conferred by the Laudian Code upon the Regius Professor of Divinity. A case was accordingly laid before Sir John (now Lord) Campbell, Dr. Lushington, and Mr. Hull. Their answer was, that “ the Laudian Code was binding on the University, as a Cliarter accepted hy it.” Tlie practice of the University, since the year 1759, does not agree with the opinion ot Messrs. Morton and Wilbraham, and tliat attributed to Mr. Justice Blackstone, as above quoted, nor on the other hand with that of Lord Campbell. Some of the Statutes, to whicli we shall refer presently, are still regarded by the University as unalterable ; but from the middle of the last century, the University has taken upon itself not only to make new enact- ments, but to abrogate large portions of the Laudian Code, the Royal license having never been sought. The grounds, on which this practice has been justified, are scarcely consistent with each other. 1. It is said that a clause in the Laudian Code empowers the Chancellor, “ with the consent of the University, to sanction statutes and ordinances, and, “ when requisite, to abrogate those whicli have been sanctioned” {ordinationes et statuta, poscente sic usu, cum consensu Universitatis, sancire vet sancita ahrogare'). But it seems certain, from the context, that this clause was intended only to save the power of tlie Chancellor and University to make Bye-laws ; and that the Statutes which they are permitted to abrogate are those only which they have made by their own authority. 2. But the view commonly taken, is that “the Royal Statutes,” which the University is forbidden to interpret or to dispense with unless with the Royal consent, are not the whole Code, but such Statutes only as were promulgated by Royal authority before 1636. These Statutes are commonly said to be three ; namely, that whicli constitutes the Hebdomadal Board (Tit xiii.) ; that which regulates the election of the Collectors in Lent (Tit. vi., sec. 2, § 4) ; and the Statutes on the Procuratorial Cycle, contained in the Appendix to the Code.* We can find no ground for the distinction attempted to be drawn between these tliree Statutes and the rest of the Laudian Code ; the whole of which as it now exists, was, as we have seen, “accepted, approved, ratified and “ confirmed” by the King in the most solemn terms. Under any interpretation of the prohibition in question, we know no reason for selecting the three Statutes above mentioned, as the only Statutes which emanated from the Crown, previously to the enactment of the Laudian Code. One other is expressly ascribed to King James I. in the Code, and it was asserted in 1759 that there are many more of Royal origin. To ascertain the sources of the several Statutes incorporated in the Code must, at this distance of time, be difficult, if not im- possible. At all events the opinions of Morton and Wilbraham, and of Mr. Justice Blackstone, make no such distinction between the different parts of the Code, but consider the whole equally subject to repeal ; as Lord Campbell and Dr. Lushington, on the contrary, consider it all equally unalterable except by consent of the Crown. It would seem probable, also, that the Royal Statutes, anterior to the Laudian Code, did not fall within the descrip- tion of “ Statutes confirmed by Royal authority.” The Laudian Code was “ confirmed ” by the Letters Patent of the King. But the “ Caroline Statutes” on the Procuratorial Cycle, though “ issued ” (edita) by Royal authority, were “ confirmed ” only by the University ; nor did they receive the Royal confir- mation till it was given to them in common with the whole Code into which they were incorporated. It is evident then that the grounds on which the University has assumed the power of altering the Laudian Code are, to say the least, so doubtful, that some step ought to be taken to set the matter at rest. If, as was held by Lord Campbell and Dr. Lushington, the Laudian Code be a Charter, the University should be indemnified for the changes which, with the best inten- tions, it has made in that Code, and should be set at liberty for the future. * The expression “ Caroline Statutes,” though sometimes applied to these three, is in the Code itself applied only to the last; whilst in common parlance it is often (not improperly) used of the whole Code. REPORT. 7 The changes which are, in our opinion, necessary in the Statutes, will be stated as we proceed with our Report. , ^ The necessity of change in the Statutes was urged fourteen years ago, in the House of Lords, by the Duke of Wellington speaking as Chancellor ol the University, and admitted by the Heads of Colleges acting under his advice. In the year 1837 his words are thus reported : — t .• “ I am one of those who have long been of opinion that some amelioration “ should be made, and, very shortly after I became Chancellor ol the Univer- “ sity of Oxford, I had a correspondence with the governing body on that “ subject, and recommended them to take into consideration the circumstances “ in which they were placed, and to adopt such ameliorations as might be con- “ sidered safe and necessary. I believe that they have had that subject under » their consideration from that time till now, and I am authorised to say that “ they are on the road towards making those inquiries and those ameliorations « which the noble Lord (the Earl of Radnor) has so strongly urged upon the pJoilSG*'* In the next year we find more definite statements made by the Duke of Wellington to the same effect: — • r m .c a “ I have had some conversation with the Heads of the University ol Uxlord, “ and was assured that there existed a desire to review those Statutes, and that the work was actually in progress. “ With respect to the Colleges, I have received accounts from several ol them, “ that they are reviewing their Statutes. Several of the Colleges are in com- “ munication with their respective Visitors, and others are in communication « with the Fellows of the College, with whom they must communicate, m order “ to make effectual reforms in their Statutes. They are going on as well as “ they can at the present moment, and I entreat your Lordships to let them “ work out those reforms as they think lit ; and if they are not executed m “ accordance with your Lordships’ wishes, it will then be time for the House « to take such steps as may seem necessary.” The anticipations which the Chancellor thus confidently expressed have been realised to some extent with regard to the University. But as regards the Colleges they have not been realised at all. In fact, w'hatever be the case with reo-ard to the University, without the aid of the Legislature, it is clear that the Colleges are wholly unable to effect the alterations thus strongly recommended. Two principles, however, to which we shall appeal in subsequent parts ol our Report, were at that time recognised by the University in the legislation which it adopted in accordance with the Duke of Wellington’s advice. These principles are, first, the expediency of repealing regulations, which have become incapable of observance at the present day, and, secondly, the propiiety ol rescinding Oaths to the observance ol Statutes, even when those Statutes have been accommodated to modern times. Instead of the Oath formerly taken by Students at Matriculation to observe the University Statutes, an admonition from the Vice-Chancellor was substituted ; and all Oaths formerly required at Degrees, with the exception of those of Allegiance and Supremacy, were abolished. . . From the Statutes of the University we pass to its Administration. The present Constitution of the University cannot be properly understood without a brief description of the earlier state of things. The University, like all the older Universities of Western Europe, appears to have been at the first an association of teachers united only by mutual interest. Every association requires a legislative body, and executive officers ; but in all voluntary associations these essential elements exist originally a.t least in their simplest form. It is said, and it seems probable, that the Legislature of the University in early times consisted of one House only, in which all the Masters or Teachers had a seat, called “ the Congregation.” Being engaged in the daily business of the Schools, the Masters were always at hand, and could be con- vened at any moment except in the holidays. The House which still be^s the name is even to this day summoned only by the sound of a bell ; at the close of each sitting its business is declared by the Vice-Chancellor to be “ con- tinued,” not prorogued, except at the beginning of each vacation. It also confers all ordinary Degrees, which are even now in form what they were once in fact, — licences to teach. The House of Congregation is the real repre- sentative of the primeval Legislature of the literary republic of Oxford. CHANGES IN THE STATUTES NECESSARY. Hansard, Debate on the Universities of Oxford and Cambridge, May 8, 1837. Ibid., July 9, 1838. ADMINISTRATION OF THE UNIVERSITY. ANCIENT CONSTITUTION. THE HOUSE OF CONGRE- GATION. 8 OXFORD UNIVERSITY COMMISSION. THE HOUSE OF CONVO- CATION. THE CIIANCELLOE. Wood’s Fasti, p. 2. Wood’s Annals, anno 1288, vol. i., p. 326. AylifFe’s History of Oxford, vol. ii,, p. 162. Wood’s Annals, anno 1552, vol. ii., p. 113. THE PROCTORS. Wood’s Annals, anno 1538, 1541, 1542, 1578, 157'J, 1580, 1628. THE PRESENT CONSTI- TUTION. THE HEBDOMADAL BOARD. THE HEADS OF HOUSES. Wood’s Annals, anno 1569, vol. ii., p. 167. Wood’s Annals, anno 1590, vol. ii., p. 241. Ill the course of time it would seem that an increasing body of persons arose who sought the licence to teach as an honour rather than as a profession ; of these, many continued to live in the jilace, and retained an interest in the University. It is probable that from this cause, and with a view of leaving to the actual Teachers the management of those matters which peculiarly belonged to them, the expedient was adopted of forming a second House with legislative powers, to be composed of all who liad attained a certain academical rank, whether they ivere or were not Teacliers. This body, which was called the “great Congregation,” met only at intervals, and also bore the name of “ Con- vocation,” as requiring a regular summons by bedells. The House of Convo- cation naturally became the more important of the two, as comprehending both the Members of Congregation and the ever-increasing number of those who were not actual Teachers, and also as determining the questions wliich were of interest to the whole academical community. The chief ruler of the community bore at first the name of Rector Scho- larium, and afterwards of Chancellor. The Chancellor was elected by the Masters from the earliest period of which there is any record to our own times ; but till the reign of King Edward HI. tlie confirmation of the Rishop of Lincoln, who was at tliat time the Diocesan, was required to give validity to the election. The University was after many struggles exempted from the jurisdiction of the Diocesan through the intervention of the Archbishop of Canterbury, and that of the Pope. Ecclesiastics continued to fill the office till the reign of King Edward VI., when Sir John Mason, a layman, was chosen under the new Statutes given by the Commissioners of that Monarch. The Cliancellor was, in early times, a resident Graduate, and was elected for one, two, or more years. The first perpetual Cliancellor was Bishop Russell, in 1484. He was assisted by Commissaries, who seem to have stood in the same relation to him as the Pro-Vice-Cliancellors to tlie Vice-Chancellor in our days. The first non-resident Chancellor was George Neville, Archbishop of York, in 1454. Almost, if not quite on a level witli the Chancellor, were tlie Proctors (Pro- curatores) of the thiiversity. They were two in number, one for each of what were called “the two nations,” in reference to the great divisions of England north and south of the Trent. The Proctors were elected by the whole body of Masters of Arts, or according to the Statutes of King Edward VI., by the Regents, that is, by those actually engaged in teaching. But they were some- times appointed by tbe Chancellor, sometimes by the King. It has been necessary to state thus much of the earlier condition of tlie University, in order to show the comparatively recent date of the present Constitution, and the importance of the changes which have taken place in an Institution often sujiposed to have remained in its original state. Many ancient names indeed remain. But identity of name by no means implies identity of power. The several institutions of the University have been considerably modified in the course of time; and their rights in a great degree transferred to officers and bodies of later origin. The most important change ivas the institution of the Hebdomadal Board. This Board consists of the Vice-Chancellor, the twenty-three other Heads of Houses, and the two Proctors. The Vice-Chancellor or one of his Depu- ties must always preside, and the presence of the Proctors or their Deputies is regarded as necessary to constitute a meeting. The Heads of Houses had, as such, no statutable power in the University before the middle of the sixteenth century. The influence which they had by that time acquired could not but be recognised ; and naturally led to the changes Avhich resulted in giving them their present position. The first recorded step in this direction was taken in the year 1569 by Robert Dudley, Earl of Leicester, who, as Chancellor of the University, and apparently with but slight opposition, procured orders to be framed by a Delegacy, and tlien jiassed into Statutes, to tlie effect that, whereas formerly measures had been dis- cussed in an assembly called the “Black Congregation” before they were submitted to Convocation, for the future this deliberation Avas to take place in a meeting of the Vice-Chancellor, Doctors, Heads of Houses, and Proctors. Tliis change marks an intermediate stage betAveen the ancient Congregation and the present Board. The Doctors, a considerable body of Graduates at all times, and one capable of indefinite extension, thus shared the governing poAver ; but they seem to have lost their seat at the meeting, before the ordinance issued by REPORT. 9 Kino- Charles I., in 1631, in consequence of which this body was formally limited to the Heads of Houses and Proctors, and received the name of the “ Hebdomadal Board,” or Weekly Meeting. By this Ordinance, which in 1636 was inserted into the Laudian Code, the Board was invested with the rights and entrusted with the duties, which have ever since belonged to it. Ihey aie em- powered to “ deliberate, as occasions may arise, on the defence of the privileges ‘‘ and franchises of the University, and to advise, inquire, and take counsel lor “ the observance of statutes and customs. Also if they, or the greater part ol “ them, think any proposition necessary lor the good governrnent, academical “ proficiency, repute, or common weal and use of the University, they are ern- “ powered to discuss it,” in order that it may, after such deliberation, be laid before the two assemblies of Masters of Arts, ol which we shall speak presently. And in another Statute it is decreed, that this Hebdomadal Board shall dran ‘t- x- sec. ., s - up all new measures before they are submitted to Convocation. These two Statutes give to the Hebdomadal Board the sole initiative power in the legislation of the University, and the chiel share in its administration. The effects of this change, by which the Constitution of the University ol Oxford is essentially distinguished, not only from its own ancient lorm, and from the Constitution of all Scottish and Foreign Universities, but also Irom that of the sister University of Cambridge, will best be considered, when n e have gone through the other branches of the executive and legislative power, which were affected, more or less, by the same revolution. virF-ruANrFLLOi; The office of Vice-Chancellor was unknown, by name at least, to the most laudian ancient Constitution. The Commissaries of the Chancellor are mentioned as code. early as the year 1230. These Commissaries first rose into importance when the Chancellor ceased to be resident, and his funetions were accordingly lor the most part entrusted to a deputy. The title ol Vice-Chancellor is given foi the first time in Wood’s Catalogue to Dr. Humphry, appointed during pleasure by Lord Leicester in 1574; but it also occurs in the Statutes ol King Edward VI. Those Statutes direct that this officer shall be annually elected, as is still the case at Cambridge, by the Masters of Arts. It was not till the year 1569 that the Earl of Leicester, as Chancellor (to use the words of Wood), “took Woods Annals, “ upon himself the right of naming the Commissary or Vice-Chancellor, some- “ times without the consent of the Convocation, rarely or never done in former “ times.” The Laudian Code legalised the power thus assumed. It enacts that the Vice-Chancellor shall be nominated from the Heads of Colleges by the Tit. xvd. sec. 3. Chancellor, with the assent of Convocation, and shall hold his office for one year. Into his hands have passed the powers of the Chancellor, with a few insignificant exceptions. This is sufficient to make him the most important officer ol the Uni- versity. To these powers must be added the influence which he has acquired from being Chairman of the Hebdomadal Board, as well as ol all its Committees, and from the prolongation of his tenure of office (by re-appointment) from one year to four. The Vice-Chaneellor is empowered by Statute to appoint lour deputies, called Pro-Vice- Chancellors, ordinarily the two Heads who have held the office before him, and the two next in seniority to himself 01 these last the senior commonly succeeds as Vice-Chancellor. The Vice-Chancellor possesses a discretionary power of appointing his deputies, which affords the means ol preventing an objectionable or obnoxious individual from obtaining the Vice- Chancellorship. Every Head is considered to be bound to accept the office it tendered to him ; but it is not pressed on those who intimate their inability or their unwillingness to discharge its duties. Tne statutable stipend ol this high functionary is ten pounds a-y ear ; the real salary is derived from eertain Tit.xvii.,sec. 3, § 3. bequests, from fees, and from the profits which he may be able to make by using the balances of the University revenues placed in his hands during his term of office. We are unable, in the absence of evidence from the authorities of the University, to state the average amount of income derived from each or Q,ll ol* tllOSG SOUrCGS. The Proctors are no longer the two great officers who bore that name in t^f LAumAN^coDK^ ancient Constitution. Their importance was diminished by tbe change which exalted the Heads of Houses. The ancient popular elections had continued, though not without interruptions, till 1628, when King Charles I. issued a special Ordinance, which was afterwards, in 1636, incorporated into the Laudian Statutes, and by which it was enacted that, in consequence ol the tumultuous proceedings which often took place at the elections ol the Proctors they should 10 OXFORD UNIVERSITY COMMISSION. THE CHANCELLOR, SINCE THE LAUDTAN CODE. THE HIGH STEWARD. THE COLLECTORS. HOUSE OF CONGREGA- TION SINCE THE LAU-i DIAN CODE. HOUSE OF CONVOCA- TION SINCE THE LAU- DIAN CODE. ITS POWERS. hereafter be chosen from the several Colleges by turns. This new mode of election, although a sufficient remedy for the disorders which it professed to correct, has tended considerably to reduce the importance of the Procuratorial office. The Proctors do not now represent the University, but at most the par- ticular Colleges which elect for the year. The Cycle, by which the election is regulated, is so unequally arranged, that some of the Colleges which take the least part in the education of the University, elect more frequently than others which stand in the foremost rank. The choice, rendered thus narrow by Statute, has been rendered still more narrow by the almost invariable custom of nominating the Proctors, not from all the members of the College, but only from its Fellows, and not from the Fellows with any regard to their qualifica- tions, but simply according to seniority. This system has sometimes led to the appointment of persons of little fitness for the office, and has proportionably affected its dignity and influence. The Proctors, however, have still sufficient importance, from their right of nominating Examiners, their share in the choice of Select Preachers and of Delegates, and their administration of the Discipline of the University, to render unfit appointments to the post a source of consi- derable mischief. The Chancellor is elected by Convocation, usually from political considera- tions ; he rarely appears in Oxford, and seldom takes any part in academical government. Still his office is one of much dignity and influence ; and his advice always has weight with the ruling body of the University. As he is usually a Peer, he is virtually the representative of the University in the Upper House of Parliament ; he is also the organ by which the Government usually communi- cates with the University. He is Visitor of Pembroke College ; he appoints the Provost of W orcester College from the list of those who are or have been Fellows; and he has the absolute nomination of four out of the five Principals of Halls. No emolument is attached to the office; on the contrary, the Chan- cellors have, for many years, given prizes to the amount of 60 /. per annum. The office of High Steward, though always conferred like that of Chancellor on persons of high rank, is now merely honorary. The office of Collector, once so important as to have given occasion to one of the three Statutes in the Laudian Code, which are often regarded as pecu- liarly binding, is now never filled up. W e proceed to speak of the remains of the ancient Constitution which are still to be traced in the two Houses of Congregation and Convocation. The House of Congregation has been greatly changed, and that principally by the enactments of Leicester and of Laud. Many of its functions have been transferred to the Hebdomadal Board, and those which it retains are purely formal. It consists of the Vice-Chancellor and Proctors, the resident Doctors, the Heads of Colleges and Halls, the Professors and Public Lecturers, the Examiners, the Deans or Censors of Colleges, and “ Necessary” Regents. The Doctors have long since ceased to teach. The name of Regent has become a mere title. The College Tutors, who now chiefly conduct the instruction of the University, have as such no place in this body. Of the right of legislation which once belonged to it nothing remains, but that in it must be promulgated all Statutes three days at least before they are proposed to Convocation. What was once the important and exciting business of admitting to Degrees has dwindled into a form. The present House of Congregation meets only for the purpose of hearing measures proposed which it cannot discuss, of con- ferring Degrees to which candidates are already entitled, and of granting Dispensations which are never refused. In what manner this body might be modified, so as to meet the wants of these times and to exercise advantageously its ancient powers, will be presently considered. The House of Convocation, which consists as formerly of all Masters of Arts and Doctors, who have taken out their Regency, and who are Members of a College or Hall, is now a much more important body than that of Congrega- tion. It possesses the power of debating on the measures proposed by the Hebdomadal Board ; and, by its acceptance, those measures become Statutes. It elects the Chancellor, the Representatives of the University in Parliament, many of the Professors, and various University officers, while on certain other appointments it exercises a veto. To it belongs the Ecclesiastical patronage of the University, and the right of conferring Degrees out of the ordinary course, report. 11 whether honorary or by diploma. Some persons have supposed that the Statutes cdve Convocation a power of amendment on the measures proposed to it by the"’ Hebdomadal Board; but no such power, we believe, has evei been of debatino- is virtually annulled by the necessity of speaking in Latin at all times. It fs true that a dispensing power in this^ matter is nested m the Chancellor • but except at the election of Burgesses, this power has been the only on one occasion, namely m 1845 when Ward Avas heard in English in his own defence. Few Members of Convo- cation are now able to speak fluently in Latin, and a custom has arisen of roa^iiJS written speeches. But even written speeches are seldom deliveied, and, to ?he offife o? vLe Chancellor ; but the power of rejecting a person nomina by the Chancellor is now, practically at least, ^ it was (Tver claimed was conceded by the Laudian Statutes, we are not aAvai e th^it was till the vear 1844. In that year the nomination of the Warden oi Wadham was oppLed It is understood that the opinion of eminent Counsel was tak by th^Hebdomadal Board; and that it is f L since been asked. Before that year, the question ol approbation or disapprobation had always been put to the House. is The only Legislative power then which practically belongs to Convocation s the power rf accepting or rejecting without amendment the measures proposed ‘“The^Laud^i^ljOTrtta^^ in the Vice-Chancellor singly, two Proctors iointly, a Veto on all measures brought before Convocation, rlns power fm'^goL^ to that which in the University of Cambridge belongs to each of the five Members ol the Caput. i , -f pxprcised The Veto entrusted to the Vice-Chancellor is rarely if e\ei exeicis , except as a matter of convenience, when Statutes are proposed clause by clause trc— Z and the rejection of one clause may have rendered necessary the Avithdrawal of others which follow and are dependent on it. • ^ The Veto entrusted to the Proctors was exerted on several occasions in «ie last century ; in the present, we believe, three times only once m 18^5, on a proposition to appoint a Delegacy ; again in 1836, in co^idemn on Dr. Hampden; lastly in 1845, when a proposition was made to condemn certain principles laid down in the 90th “Tract for the Times. Such^generhly is the Constitution of the U niversity, as it was finally confirmed by Kta- Charles I. and Archbishop Laud, and as it has ever since remained ^As to some parts of this Constitution no dissatisfaction has been e^ptesseL No one desires any interference with the high office powers of the Vice-Chancellor and to the mode ol his appointment no objections ornorent are made. With regard to the former we have no supestions to offer • Avith regard to the latter, suggestions on matters of detail a ■, But as to Convocation and the Hebdomadal Board, the and general, and the evidence which has been laid before us on ® copious, explicit, and, in its general principles, unanimous. One voice only has been raised in defence of the present system. It is, however, the voice ol im eminent man who is himself a Member of the e^ief g^erning body. I am “satisfied,” says Dr. Cardwell, Principal of St. Albans Hall, “ present constitution of the University, and believe that in the hands ’’““est “ and able administrators it is, upon the whole, better calculated than any “ other hitherto proposed to discharge its proper duties. r-povp The dissatisfaction respecting the Hebdomadal Board is very stroll^,, objections have been urged against its composition and poAvers, not by party only, but by persons of various opinions in the Universi y. ^ We have before shown that the power of legislation belonged m eaily ti to those who were actually engaged in giving instruction, f , temporary nature in a great degree determined the successive in eiv , Avhich the government of the University was reduced to a narrow ®h^arc y. There is no reason why an arrangement which may have been ^ time advisable, whether from State-policy, or other motives, should be pei- petuated for ever. It is anomalous that the government ol this great Institution Evidence of Mr. Foulkes, p. 223. Statut.Univ.,Tit. xi,§3. THE VETO OF THE VICE- CHANCELLOR AND OF THE PROCTORS. PRESENT STATE OF PUBLIC OPINION WITH REGARD TO THE CON- STITUTION. Evidence, p. '264. OBJECTIONS TO THE HEBDOMADAL BOARD. 12 OXFORD UNIVERSITY COMMISSION. Evidence, p. 82. Compare Evidence of Prof. Walker, p. 22. Mr. Jowett, p. 30, 31. Mr. Stoddart, ji. 239. Prof. Ogle, p. 41. Mr. Melville, p.57,58. Mr. Barf. Price, p. 00. Mr. Wilkinson, p. 72, 73. Mr. Cox, p. 93, 94. Mr. Strickland, p. 99. Mr. Temple, p. 133. Mr. Freeman, p. 135, Prof. Wall, p. 151. Mr. Congreve, p.l52. Dr. Twiss, p. 155. Sir E. Head, p. ICO. Mr. Litton, p. 175. Mr, Bonamy Price, p. 192. Mr. Griffitlis, p. 202. Mr. Henney, p. 206. 2\Ir. Foulkes, p. 223. ; l SUGGESTIONS FOR AMENDING THE CONSTI- ii: TUTION. I. PROPOSAL TO IN- CREASE THE POWERS OF CONVOCATION. Evidence of — Mr. Strickland, p. 99. Mr. Freeman, p. 135. Mr- Foulkes, p. 223. Mr. Stoddart, p. 230. Compare Evidence of — Prof. Walker, p. 22. Mr. Jowett, ]). 30, 31. Mr. Wilkinson, p. 72. Mr. Temple, p. 135. Mr. Congreve, p. 152. Evidence, p. 93. Evidence of — Prof. Browne, p. G. Prof. Walker, p. 22. Mr. .Towett, p. 38, Mr. Wilkinson, p. 81. Mr. Temple, p. 129. Mr. Congreve, ]i. 1 53. Dr. Twiss, p. 156. Dr. Macbride, p. 221. should be committed to persons, the great majority of whom are elected by the Felloivs of the separate Colleges out of their own narrow circle, often for reasons of a personal or social nature, and with little or no regard to the welfare of the University. It is more anomalous still, that the literary interests of the University should be committed to persons who are not necessarily chosen for literary qualifications ; while on the other hand the Professors and the Tutors have, as such, no right to suggest or amend or even to discuss any measure, how much soever it may affect the literary and educational interests of the place; and can, at most, reject or accept what is proposed to them in Convocation, in common with hundreds of others whose sole title to interfere is a Degree. For a full appreciation of the feeling which prevails in the University against the present constitution and powers of the Hebdomadal Board, we must refer to the Evidence itself We will content ourselves here with quoting one passage only, from the Evidence of Professor Vaughan, in which this subject is briefly and temperately discussed : “ Whatever (he says) may be the merits and “ efficiency of this part of our present Constitution, it is not a fundamental and “ aboriginal system. And I cannot but think that it is somewhat more exclu- “ sive in its character than can be necessary or beneficial. The Heads of “ Colleges are elected by their respective societies, and owe their promotion to “ the confidence which these bodies repose in them. This confidence may arise “ from a sense of past services, or the acknowledgment of qualities adapted to “ manage the details of finance, property, and discipline; or from social merits “ calculated to govern and harmonise the society. But the Heads of Houses “ do not necessarily, or even very generally, follow literary and scientific pur- “ suits. Nor are they directly and closely connected with the instruction of “ the place. They simply appoint the Tutors, and preside with more or less “ activity at the terminal examinations in College. They live generally with “ their families, and do not immediately imbibe the spirit or learn the wishes “ of those who more directly carry forward the instruction. They constitute “ a most valuable element for legislation as well as administration ; but I think “ that it jvould be advantageous, if in addition to this, other influences Avere “ admitted to give their aid in suggesting and framing the laws of the Uni- “ versity.” The unanimous expression of dissatisfaction in every part of the Evidence in which this subject is handled confirms our own conviction, that into any plan for University Reform must enter some modification of the Academical Consti- tution, as regards the legislative powers now almost exclusively confided to the Hebdomadal Board. With respect to the nature of the change required, how- ever, there is not (as might be expected) the same concurrence of opinion as there is with regard to its necessity. The different plans proposed, or at least indicated, in the Evidence, may be classified under three heads. I. Some persons would modify the })owers of the Hebdomadal Board simply by investing Convocation with the right of debating and of amending all pro- positions submitted to its vote. The objections to this scheme are very strong. It is not desirable to invest a large promiscuous body Avith extensive poAvers of legislation, especially in matters affecting education. Even if this Avere desirable. Convocation Avould not ansAver the purpose. It consists of more than three thousand members scattered throughout the country. Fcav of them, comparatively speaking, can rightly apprehend or even fully learn the nature of the measures submitted to their vote. Measures of reform brought fonvard by the Hebdomadal Board have often been thAvarted or defeated by the adverse votes of Convocation. Moreover this plan leaves to the Hebdomadal Board its sole right of initia- ting measures; and the Board, ahvays jealous of Convocation, Avould become much more so, in case its measures Avere riiade liable to alteration. Supposing it to retain its sole right of initiation, its movements Avould become sloAver than ever. Further, as regards the elective poAvers of Convocation, the Evidence bearing on the subject is almost unanimous in stating that of all modes of electing Professors, that by Convocation is the Avorst, Mr. HayAvard Cox sums up his remarks on this point in the folloAving Avords : “ Of elections in Convocation, “ it may be said, that even Avhere the result has been to secure the appoint- “ ment of the best candidate to such chairs as those of logic, political economy, “ or poetical criticism, the election has, in point of fact, generally turned upon REPORT. 13 “ considerations wholly irrespective of those of fitness for th^e office.” A body which so discharges one important part of its functions, can hardly be entrusted with increased powers in more difficult and delicate matters. We are therefore, of opinion that it is unadvisahle to give to Convocation any further power than it now possesses. Indeed we shall feel ourselves compe e to advise that the right of appointing many of the Professors which now belongs to Convocation, should he withdrawn. In other rejects its lowers mio-ht be left unaltered. Its right to elect the Chancellor of the University and the^ Burgesses who represent it in the House of Commons, it ought to retain. And, since we consider it undesirable to abolish any part of the existing Con- stitution without necessity, we think that Convocation should keep its presen power of accepting or rejecting measures emanating from those m whose han s the initiative will be vested. . . II. A second iiroposal is that, Convocation remaining as it is, a chaiii^e should be made in the constitution of the Hebdomadal Board alone, bonae persons would simply diminish its numbers. Some would create an entirely new Board, composed of a select number of Heads of Houses, Professors and Tutors. Others would simply add the Professors to the existing Board. A1 these proposals would leave the powers of the Board undimmished, and its relations to Convocation unaltered. , , , , „ i By simply diminishing the numbers of the Hebdomadal Board little or no advantage would be gained. Even if we grant that some of the less usefu members might thus be removed from the Board (though the contrary is just as likely to happen), this scheme would giye no increase of influence to the Professors or the Tutors; and we think that any plan of refoiyi which did not o-ive due weight to the Teachers of the University, would be ineffective, or father, mischievous. The next of these suggestions is intended not so much to alter the number of the present Hebdomadal Board, as to alter its con- stitution by introducing into it a proportion of Professors and Tutors. ^ t would, no doubt, provide for the paramount object to which we have just referred. But we see many objections to this plan; for, however it may be modified, it involves the necessity of frequent elections, which all would wish to avoid if possible. Moreover, if the numbers of the Board were either diminished or left as at present, we think that much the same complaints would be raised against it, as against the existing Board. Members of Con- vocation would not be satisfied to leave the sole right of initiation m so small a body Or if, according to the third of these suggestions, the present Board were increased by the addition of the Professors, the body, however well fitted for legislation, would become too large and cumbrous for executive and admi- nistrative purposes. -n i ^ We believe that all the advantages which these schemes contain, will be found in the plan which we now proceed to discuss. HI. This plan is not proposed in its complete form by any one person, but has been framed after a careful examination of several schemes, more or less similar, and a very full discussion of the whole subject. We will endeavour first briefly to state the principles which have guided us. We have thought it essential that the opinions and feelings of Convocation, which can now be made known merely by Latin speeches and a power of veto, should have some more full and legitimate mode of expression ; but at the same time we have been anxious to guard against establishing, what Mr. Jouett calls “ a vast debating society, in which (as occasion offers) every political, “ ecclesiastical, and religious question, is liable to be discussed. We are also satisfied, that the power of initiating measures should be at least shared with the Hebdomadal Board by those who have an equal, not to say a greater, interest in the education given by the University, and in its cmracter as a learned body,— that is to say, the Professors, Public Lecturers, and College Tutors, none of whom have, according to the present Constitution, any more real power than the youngest Master of Arts. . n /■ Lastly Ave have wished, as far as possible, to retain the ancient forms of the University, and to remodel and renovate rather than to create anew. Our purpose then has been to bring together a body not unnianageamy laige, and composed of such men, as from their high position, their literary character, and their close connexion with the University might be expected to supply a II. PROPOSAL TO ' CREATE A NEW HEBDO- MADAL BOARD Evidence of — Prof. Walker, p. 22. Mr. Griffiths, p. 202. Mr. Bart. Price, p.60. Prof.Vaughan, p. 82. Mr. Temple, p. 133. Prof. Wall, p. 151. Sir E. Head, p. 160. Mr. Litton, p. 175. Mr. Jowett, p. 30, 31. Mr. Wilkinson, p. 72, 73. Mr. Cox, p. 93. See especially Mr. Jewett’s Evi- dence, p. 3 1 . III. PROPOSAL TO RESTORE CONGREGA- TION. Evidence, p. See especially Evi- dence of — Mr. Jowett, p. 31 Mr. Wilkinson, p.73. Prof. Vaughan, p. 82. Prof. Wall, p. 151. Dr. Twiss, p. 155. Sir E. Head, p. 160. Mr. Litton, p. 175. Evidence, p. 82 . Evidence, p. 83. THE HOUSE OP CONGRE- GATION UNDER THE PROPOSED ALTERATION. 14 OXFORD UNIVERSITY COMMISSION. Council of wise and liberal temper, alive to academical interests, and not likely to degenerate into a mere popular assembly. It seemed to us that such a body might be found in the House of Congrega- tion, once important, but now a shadow. This House consisted originally, as we have stated, of the actual Teachers of the University. We propose to restore this state of things, with some modifications, and to remodel the House according to what we believe to have been its spirit and purpose in ancient times. The Members of this remodelled Congregation should be the Heads of Houses and Proctors, who would sit there as the administrative Officers of the University, together with the Professors and Public Lecturers, who are its authorised Teachers, and who, as we think, ought to be considerably increased in number and raised to a position much higher than that which they now occupy. “ It would be well,” says Professor Vaughan, “at least to comprehend “ a learned element, such as in many European Universities has the chief, if “ not the only sw^ay. It Avould be desirable that, in a seat of learning and “ instruction, those who have attained the highest |X)sition as cultivators of “ literature and science, Avho must be considered as intimately acquainted with “ the state of the several departments of knowledge, who are brought into “ occasional contact wdth Students of all ages and degrees in the place, who “ have proved themselves to possess a considerable degree of intellectual power, “ and who are necessarily interested in the success and reputation of the “ University, should take some active part in making and administering the “ laws.” We think also that the College Tutors, who must be recognised ^ University Teachers, should have a voice m the deliberations of this Council. But, as it would be inconveniently enlarged by the admission of their whole number, we propose that they should be represented by the Senior Tutor of each College. The Doctors, and the so-called Regent-Masters, who have now long ceased to exercise the right of teaching which their names imply, Avould fairly cease to be Members. The more important Colleges w'ould indeed, as regards their representation by their Tutors, be placed on an equality with the smaller, but they would find compensation in the larger number of Professors and Public Lecturers which they would supply. With so large a proportion of the Instructors of the University, it would hardly be necessary for the public interests that the Examiners should have seats in the House. The House of Congregation thus remodelled, or rather restored, would consist of the persons most interested in the education of the place, which is the chief subject of Academical Legislation. “A body thus constituted, says Pro- fessor Vaughan in speaking of a somewhat similar proposal, “ would bring into “ action most of the valuable elements for legislation which the place would “ supply— age, intellect, ability, practical habits, the feeding and opinion of the “ time, a knowledge of the subjects which the University proposes to teach, of “ its state m.oral and instructional, and of its trusts, property, and finances. The duty of this body would be to deliberate on all measures proposed to it by its own members, or by the Hebdomadal Board. These measures would then be finally submitted to Convocation. For the purpose of enabling Congregation to fulfil its deliberative functions, its members should be allowed the same free use of the English language which is granted to the Hebdomadal Board. We believe that the character and station of the persons whom w'^e have designated as Members of Congregation w'ould be enough to prevent this body from degenerating into a “ debating society.” But to guard against the possi- bility of such a danger, and the formation of organised parties, we propose that Congregation should not meet regularly for legislation. The Vice-Chancellor should call it together for this purpose, whenever propositions, either emanating from the Hebdomadal Board or contained in a requisition signed by a fixed number of the Members of Congregation, are proposed for discussion. The propositions to be brought forward should be printed and circulated a certain time beforehand, so that all Members might come duly prepared for deliberation. Congregation, as thus constituted, would consist of more than one hundred Members, and may seem too numerous a body for academical legislation. But this objection applies to all deliberative assemblies worthy of the name. It is i i * i ( I ( REPORT. 15 THE HEBDOMADAL BOARD UNDER THE PROPOSED ALTERATION. R-oiiditby Mr. Griffiths even against the Hebdomadal Board. It admits of Evidence, p. 202. an efsv answer. All deliberative assemblies appoint Committees to report on measures submitted to them ; and this practice is recognised by the Statute which provides for the appointment of Delegacies. 1 hese Delegacies 01 Com- mittees^ would not be nominated by the Proctors, or by the Proctors and the Vice-Chancellor, as at present, but would be proposed by the ^ ° taought forward the measure, and the names would be submit^^^^^^ flrmroval of Cono-regation. Such Delegacies would, no doubt, be appoint draw up all important measures. They would naturally be composed ol persons^of all grades in the Congregation, who would thus be brought m plnspi* union Wltll 0 Jlcll otllGI** The restoration of this Legislative Body does not, the the abrogation of any of the existing elements in the Constitution ol the ^^ThTlPebdomadal Board would remain. To maintain discipline, and to transact the ordinary business, it appears to us that no other body could b found so competent as that which has hitherto discharged these 1 unctions, closely connected as it is with the Colleges, possessing the traditions ol adminltration, and alone having sufficient leisure at its not inefficient at present for these purposes, will become of the intelligence of the University, than it can be now, it the dian^^es u hic we recommend in the Colleges, be carried into effect. We are of opinion that it ought to retain the right, though no longer the ridff of initiating measures to be submitted to Congregation. Ihis would b ve% ’convenient as regards many regulations ol Poetical importance, wh mioht not otherwise be brought before Congregation. Moreover the Heb- domadal Board would naturally be anxious to keep up its influence by anticipating improvements likely to be proposed by Members of Congregation ; and it^would so frame its measures as to secure their easy passage thiough ordeal of a debate in that body. -ill mpaqnres The House of Convocation would retain the right of veto on all measures passed in CongTegation. Its members would not have the same reason to com- dain as they have now ; since the most eminent ot them would have a seat in Lno-reo-ation and it is to be hoped that the free discussion which every proposal woKcessariiy there receive, and the facility with which Members of Con- vocation would be able to make their wishes known to Members of Congie o-ation would diminish the tendency of the former body to obstruct measures submitted to its vote ; and disjTOse Convocation to receive with favour, rathei than udth suspicion, the propositions sanctioned by the persons more imme- ‘'■Sv"tiuM as we have stated, the Chancellor of the University, and the Burgesses. On this head we have to suo-o-est that a Register of the members of Convocation, with their addresses, shSSld be kept by a Bedel, or some other officer of the University and that it should lie freely accessible. The manner in which the right to vote is authen- ticated is by a return prepared by the Butler and signed by the Head ol each Colle-e or Hall ; but the addresses of those whose names are on the list do not there appear. Formerly, comparatively few but residents kept their n^^^s on th^ bX and no incunvenience resulted from the manner in which the Reo-ister of Convocation was made up. At present, the supporters of candidates are”oblio-ed to accept as a favour any information which may enable them to communicate with the voters; and that information cannot always nbtarne^ by the supporters of a candidate whose pretensions are not viewed with favour bv a Colleo’e or its officers. . . i.- we conclude our eKamination of the Coustitut.m, Standing Delegacies or Committees, which are appointed foi the ° managing various branches ol University business. ome ^ are executive duties, the duties of some others are merely nominal. Ji''®'® Delegates of Accounts, of Estates, ol Privileges, of the Press, and ® PP . from^the Vice-Chancellor’s Court, 'lo these must be added the Cuiators ol the Bodleian Library, of the Taylor Institution, andol the University Galleries, who are in fact Delegates under another name. ^pmhpr^ who Most of these Delegacies and Curatorships are composed of members h hokl their seats for life. The Delegates of Privileges are appointed partly for THE HOUSE OF CONVO- CATION UNDER THE PROPOSED ALTERATION. REGISTER OF MEMBERS OF CONVOCATION. STANDING DELEGACIES. 16 OXFORD UNIVERSITY COMMISSION. PROFESSORS TO FORM NEW STANDING DELE- GACY OF STUDIES. CONFERRING DEGREES. life, partly by the year. The Delegates of Appeals are nominated for one year only. The appointment of Standing Delegates is vested in the Vice- Chancellor and Proctoi'S. Delegacies are also nominated for special purposes. Their naembers are chosen by the Proctors. The administrative powers of Delegacies are, in many cases, absolute and irresponsible. Many of the matters committed to the sole charge of these Standing Dele- gacies are very important, as, for instance, the business of the University Press. The Press is, we believe, admirably managed now ; hut when the able men by Avhom it is at present administered became Delegates, it was in a very different state. What has happened once may recur, unless jirovision be made against it. Besides, we think that a Legislative body, such as Congregation would become if constituted on the plan w^e recommend, ought to have some control over all branches of the Executive. We suggest, therefore, that every Standing Delegacy should be bound to lay an annual Report of its proceedings before the House of Congregation. In regard to the appointment of the Members, we recommend that in each Delegacy there should be one or two official and irremovable Members ; and that of the other Members, a certain number should retire yearly, but that they should he re-eligihle. The names of the non-official Members of each Board should be submitted to Congregation by the Proctors. Some inconvenience results from the requirement that tlie Vice- Chancellor must he Chairman of every Board of Delegates ; as the multiplicity of his duties often obliges him to defer business which demands immediate attention. We recommend that every Standing Delegacy should be empowered to choose a Chairman to preside in the absence of the Vice-Chancellor. We further propose that the Professors should form a new" Standing Delegacy for the supervision of the Studies, the Examinations, and the Public Libraries. We shall hereafter recommend measures, calculated greatly to raise the importance of the Professorial body, so that we may hope to see its ranks filled with active and able men in all departments ; and therefore it is not much to ask that such a liody should have an independent and recognised position in the University. At present, the Professors (as such) have no voice in any jiart of Academical business ; and even in the amended Congregation, they would only sit in common with the Heads of Houses, and a portion of the Tutors. The Professors, if formed into an Official Delegacy, would have such a position as Ave desire. And there would he this further advantage, that by giving to the Professors the supervision of the Studies, and a chief voice in the appointment of Examiners, much would be done towards securing a stability and con- sistency, Avhich are wanting in the present system of Examinations. Sach is an outline of the scheme which we venture to propose for adjusting the constitution of the University to its wants. We do not proiiose this plan as the only one, or as the best, which could he devised, but as that which on the whole seems with the least change to afford the greatest facilities for future im- provement. If a body, such as we have suggested, were constituted with full legislative powers, it might he entrusted with the care of carrying out details and filling up the outline which we have given. Men of high station in the University Avould doubtless observe due caution in making alterations, Avhile their experience wmuld suggest the best mode of dealing wdth many matters with which it is not desirable that any external poAver should interfere. We are of opinion that the Imperial Legislature, or the CroAvn, should lay down only a few broad principles, not to be departed from Avithout permission, and that it should give the University full liberty in all besides. To put the University into a condition to exercise such liberty beneficially, is the end which Ave have proposed to ourselves in the foregoing recommendations. The duty of conferring Degrees Avould still remain Avith Congregation. The University Avould do Avell, Avithout unduly curtailing the ceremonial which becomes an ancient Institution, to folloAv out the course Avhich it began in 1827, by still further retrenching or simiilifying forms, and greatly diminishing the number of days Avhich are now unprofitably spent in Congregation by many whose time is of value to themselves and to others. The business of Congre- gation at present chiefly consists in granting dispensations for non-observance of obsolete statutes. These dispensations seem to be retained for no other reason than because fees are paid to obtain them. This, of course, is a strong addi- tional motive for their abolition. On this, hoAvever, Ave need not dAvell. Life- less forms and pecuniary exactions Avould soon be swept aAA"ay if the government REPORT. 17 of tl,e University were placed on a better footing. And, if the F.oce® »f “n- frintiv Deltrees^were shortened, and. the number ol days on which they are ^ J L!i f mhiished- and if, according to the above proposal, Congregation *™re'reallv composed of the most eminent persons in the University, the cere- ronVfnstd 7being tedious, as at present, might be rendered dignified, and ®''Ts reSftL office of Vice-Chancellor, we have already intirnated that we n "I liX to su-e” The doubt which exists as to the mode oi his appoint- 1 1 1 K ^oTYinvpfl We see no reason why the Heads of Halls, who aie EffirTo Lse of Head; of Colleges should ~SS,EE£& ”sSa;;“'lt" ^™er‘:ily felttat many of the formal duties of the office might SiSllir^d^in wli^^ the Proctors are now appointed, that they have scarcely become ‘J ‘f.p were twelve if in he succeeded by others as inexperienced as they themselves we It, to be siicceeaea oy ^ ^ nested in the Congrega- w’; s": reas» "rPrecmSuld not retain their academical rmik right of appointing Examiners placed m fitter hands. improving the These Ire the recommendations which '™ ^ We Ime iioTto examine Legislative and Executive functions of the Univeisity. vv e nave its State as regards Numbers. We have no means of ascertaining the exact number any one time in Oxford, but we can furnish an estimate sufficiently ^'pte avlrTnumher of Students matriculated annually in the first thirteen yem-s ortSfenry was about 267 It -e mpidly at tke t™™,ation ^ Lr, having amounted to 359 in the year 40 inclusively, was average number admitted m each year, from 1814 to Y‘‘° that wriod about 364. The largest number admitted m “raU ^af 1831 was 422 in 1829. The matriculations fell off was sup- to the year 1834, when they did not exceed 318. 4 to the security posed to be occasioned by the apprehensions entertained as ao’itation In of the Established Church, during that period of l»l't “b^and in 1838 1835 the numbers began to rise again, attaining in a yea • , ^ CHANGES EEQUIRED IN THE OFFICE OF THE VICE-CHANCELLOR. Evidence of — Mr. Cox, p. 93. Mr. Griffiths, p. 202. Evidence of — Mr. Litton, p. 175. EMOLUMENTS OF THE VICE-CHANCELLOR. CHANGES REQUIRED IN THE OFFICE OP THE PROCTORS. Evidence of — Prof. Walker, p. 22. Mr. Jowett, p. 32. Mr. Bart,Price,p.60. Mr. Wilkinson, p. 72. Mr. Cox, p. 94. Mr. Scott, p. 111. Mr. Fieenian,p. 136. Dr. Twiss, p. 155. Mr. Congreve, p. 152. Sir E. Head, p. 160. Mr. Lake, p. 173. Mr. Jelf, p. 184. M r.Bon. Price, p. 192. Mr. Griffiths, p. 202. Mr. Henney, p. 206. Dr. Macbride, p.219. Mr. Foulkes, p. 223. Dr. Greeiihill,p. 227. Evidence of — Prof. Daubeny, p. 14. Sir E. Head, p. 160. Dr. Macbride, p. 219. THE STATE OF THE UNIVERSITY AS REGARDS NUMBERS. I il Compare the Report of Committee of Heb- domadal Board on University Exten- sion (Appendix E, p. 55, 56). 1 18 OXFOED UNIVERSITY COMMISSION. Appendix E,, pp, 55 56. CAUSES WHY THE NUMBERS ARE LIMITED. to 413. F or the ten years, from 1 84 1 to 1 850, they have averaged 400, or rather more. The largest number admitted in any one of these ten years was in 1849, w^hen 446 were matriculated. In 1851 they fell to 359. Whether this fall is due to a permanent or temporary cause is not yet apparent. Making all the necessary deductions for absence from various causes, perhaps, we may estimate the number of Students actually resident in Oxford at the pre- sent time to be about 1300. There are, at this moment, more Students in Oxford than at any time in the last two centuries. It is stated (and we believe with justice) in the Report of the Committee of , the Hebdomadal Board, appointed in 1846 to consider this very subject, that “the number of educated persons sent forth annually by the University has “ been considerably increased, in a ratio, indeed, exceeding that of the increase “ of the population of England and Wales during the same period “and that “the number of persons now existing who have been educated at Oxford must “ be between 4000 and 5000 more than were living 30 years ago.” The number of persons who have passed the Final Examination for the Degree of B.A. has, during the last ten years, averaged annually 287. The number matriculated averages, as we have stated, 400, or something less. It follows, therefore, that the number of those who eventually proceed to a Degree is not quite three-fourths of those who enter the University. The total number of members of the University on the 31st of December, 1850, was 6060. The number of Undergraduates on the books, resident and non-resident, was 1402. The number of IMembers of Convocation was 3294. The remaining 1364 members were either Graduates who had not yet ac- quired the franchise, or Graduates who, having once lost it by removing their names from the books, have not yet recovered it by the statutable means. The number of Graduates of all ranks residing in Oxford does not, we believe, exceed 300. These results may appear small when we remember the large endowments belonging to the Colleges. All feel it to be desirable that the benefits offered by the English Universities should be extended far more widely, and that, if possible, the most able and promising of the youth of the whole Empire should be attracted to these great Institutions. There are several causes which tend to limit the number of Students at Oxford. The education imparted there is not such as to conduce to the advancement in life of many persons, except those intended for the ministry of the Esta- blished Church. Many are now called to the Bar, and raised to the highest judicial functions, who have not been members of any University; and a large proportion of those Barristers who have received an academical education are said to be Cambridge men. Few Physicians are now educated at Oxford. Nor do many persons take a Degree with a view to enter into the legal profession as Solicitors, though the Legislature has given to Graduates an advantage as regards the duration of their articles. The great bulk, we repeat, of those who actually resort to Oxford are destined for the ministry of the Church ; and, so long as a Degree is required for Ordination, a considerable number of persons will repair to the University, be the education what it may, and though the expenses should remain what they now are. But the number of .Students intended for Holy Orders would, we believe, become much greater if the expenses were considerably reduced. Indeed, the foundation of such institutions as Durham, Lampeter, and St. Bees, is probably owing in part at least to the great cost of an Oxford or Cambridge education. The number of Students at Cambridge is greater than at Oxford, though at Cambridge the accommodation Avithin College walls is more limited, and the endowments are much less considerable. This may be owing in part to the greater facilities for admission into a good or a popular College at Cambridge, together with the greater advantages there offered by open FelloAVships and Scholarships ; and another reason may be that the Examinations in that Univer- sity can be more easily passed by persons who have not received a classical education. The absence also of a religious test at Matriculation, may some- times cause a preference to be given to the sister University. But however it may be accounted for, the fact of such a superiority in numbers proves that REPORT. 19 Oxford, which has more Colleges and ampler revenues than Cambridge, ought to send ’forth a larger number of Students than at ^ , TTniversitv numbers capable of While however, we entertain a strong hope that the benefits of the Umveisity increased. may be move widely extended, we limit our expectations by the circumstances and^ exigencies of modern times. It would be vain to look for the almost fabu- lous multitudes, which are said to have resorted to Oxford in the reign of Kino- Henry III. At that time the University of Oxford was, we may alnaost sav °the chmf charity-school for the poor, and the chief grammar-school in England as well as the great place of education for Students of Theology, of Law and of Medicine. The oldest of the great Public Schools was not yet founded. The Inns of Court and the Schools of Medicine had no existence, and many students from foreign Universities thought their education ii^^o^i^ete until they had visited the most celebrated seat of English leai 11111 ^- Theie , however much to encourage the belief, that many impedinients to the greatness of Oxford may be removed by the University or the Legislature, and that laige classes, at present excluded, may, in future generations, and even in our o^ be attracted by the ample rewards, and the excellent education which Oxford may easily be ^enabled to offer. We shall hereafter show on the authority of the^ighest names, that it is possible to render Oxford a place education both for Law and Medicine. Professional knowledge, in the lO cannot be given in a provincial town. Itmustbe acquired where the Pi ofessions are practised, that is, in Chambers and Courts of Law, and great cities. But young men intended for the higher branches of both Professions might, with advantage, spend the three or four years after seventeen provided that, besides the general training of the place, they \vere required to master the principles of those branches of knowledge which they must afterwards study in detail. The changes which are taking place m the administration of justice seem to render it necessary that persons m all grades of the Legal profession should receive an Academical education. It is cei tainiy desirable that the manufacturing and mercantile, which has arisen by the side of the landed aristocracy, and which is exercising a great influence on the public counsels, should seek to have its sons brought up where so many eminent Ltesmen of past and present times have been trained ; and that the UniversUies should not cease to send forth a succession of persons qualified to seive Uod in the State as well as in the Church. , . ^ --n i It would be inconvenient fully to enter into this subject till we have con- sidered the next department of our inquiry, namely, the Discipline ol the University. II. DISCIPLINE. We now proceed to consider the Discipline of the University. We propose also to discuss under this head all that relates to the conduct and expenses ol the Students during their academical career, and, as we have just stated, tlie o-reat question of University Extension. 1 ° Discipline is exercised by the authorities of the University, and the Colleges. The Discipline of the University is chiefly maintained by the Vice-Chan- cellor and the two Proctors. It is the duty of the Vice-Chancellor to repress offences against order, morals, and religion. He presides over a Court, m which suits are brought against Members of the University, or against townsmen m certain cases*, but justice is usually administered in that Court by his Assessoi. He is also a magistrate for Oxfordshire and the adjoining counties. Ihe two Proctors direct the police of the University. Each Proctor appoints two deputies, who must be Masters of Arts of four years standing. On the administration of discipline by the Vice-Chancellor peisonal y, we have no suggestions to offer. No one has questioned its wisdom and benefaciai effects. But, as regards his Court, complaints are frequent. As the Assessor has not replied to our inquiries, w^e can give but little authentic information, an we cannot make any specific suggestions concerning it. A s ig it le made in its procedure in the year 1850, but that procedure is still e leve o le inconvenient and expensive. The Proctors of this Court, who aie a cates and attorneys, are, in practice, limited to two, appoii^ed ly e ice Chancellor. Till very recently both were, and one now is, in Orders. 1 Here is no security for their legal qualifications. Instances of misconduct the part ot DISCIPLINE AS EXER- CISED BY THE UNIVER- SITY AUTHORITIES. THE ADMINISTRATION OF THE VICE-CHANCEL- LOR AND THE VICE- CHANCELLOR’S COURT. Statut. Univ., Tit. xxi. § 5. THE ADMINISTRATION THE PROCTORS. Evidence'of — Mr. Cox, p. 93. Mr. Lake, p. 173. Mr. Jelf, p. 184. See also the Evi- dence quoted above, p. 17. OXFORD UNIVERSITY COMMISSION. ^Mr Henne~~ 206 Proctoi’s of tliis Coui’t liavc tended to bring discredit upon it. We do See also Evidence of 1 ^ 0 ^ See that any benefit results to the University from that branch of its juris- Mr. Eaton, p. 204. dictioii Avlfich relates to the recovery of debts ; but, if the Court is to retain this poAver, the procedure should be made as brief and as inexpensive as that of the County Courts, and its practice should be thrown open in fact, as it seems to be by Statute. Notice should at once be given to the Head of each College or Hall, Avhen an action in this Court is commenced against any of his Under- graduates. We have already stated that the mode in which the Proctors of the Univer- sity are appointed renders the selection of fit persons, in a high degree uncer- tain. This evil, great when viewed Avith reference to their legislative func- tions, is still greater Avhen vieAved Avith reference to their important duties as the chief administrators of University Discipline. There are many sources of mis- chief beyond their control, but the immediate temptations, against Avhich the University is especially bound to defend the Aveakness of its youngei* Members, are Avell knoAvii to prevail or to decline according to the vigilance or the laxity of the Proctors; and very different effects are produced on the harmony and good order of the University, according as a Proctor brings, or fails to bring, to his delicate and responsible task sound judgment, good feeling, con- ciliatory manners, and energy. Yet to this arduous office men are often chosen Avho have long retired from the University, and Avhose qualifications for their duties hardly enter into the consideration of those Avho appoint them. That cases of extreme incapacity have been rare, and that instances of eminent fitness in persons so appointed have occurred, is no valid reason for continuing a liazardous system in a matter Avhich seriously affects the well-being of the University. If there Avere a greater security for good appointments, there can be little doubt that a longer tenure of the office Avould be desirable. On these grounds, therefore, Ave again urge the adoption of the remedy Avhich we have already suggested in the previous section of our Report. These are the authorities Avho enforce Discijdine in the University. As for the University Discipline itself, it is so closely connected Avith the administration of the Colleges, that Ave must consider them together. The peculiar relation of the Colleges to the University has affected the character of the University in this as in every other respect. The causes Avhich have given rise to this connexion Avill appear in the subsequent portion of our Report. The Discipline of a College is administered chiefly by its Head, and by officers knoAvn by the various names of Vice-gerent, SubAvarden, Censor, or Dean. The Tutors also take part in the control of the Students. In Christ Church the discipline is administered by the Dean of the Cathedral, Avith the assistance of the Subdean and Censors ; but members of the Foundation can only be expelled by the sentence of the Chapter. The University Statutes prescribe that every Student shall eat and sleep Avithin the Avails of his College or Hall during the Avhole of his Undergraduate career ; but in practice a considerable relaxation of this rule is tolerated. The more frequented Colleges compel their Students, alter tAvelve Terms’ residence Avithin the Avails, to take lodgings in the toAvn. Some of them, Avhen pressed by Avant of accommodation, alloAv Students during their first Term, or even longer, to pass the day in lodging-houses, the letter of the Statute being observed by their sleeping in College. The Vice-Chancellor is empoAvered to grant dispen- sations in particular cases. These are chiefly granted to persons in ill-health, or, in the Halls, to men of maturer years. By the University Statutes it is enacted that all Students shall return to their chambers before 9 p.m., that the College gates shall then be closed, and (in accordance Avith an Ordinance of King James I.) that the Head shall occasionally search the rooms of the Students after that hour, to satisfy himself of their presence. The College Statutes, in some cases, require much earlier hours. According to the present practice no Undergraduate resident in College is alloAved to go out after the gates are closed at 9.15 p.m., but, in most Colleges, all are at liberty to remain out till midnight, or, in some cases, till 1 1 p.m., the exact time of their entrance, after the closing of the gates, being notified to the authorities of the College. The porter receives a considerable part of his income from the fees levied on each member Above, p. 1 7. : DISCIPLINE AS EXER- f CISED BY THE COLLEGE i AUTHORITIES. RESIDENCE AVITHIN THE COLLEGE WALLS, HOW ,FAR ENFORCED. IRESTRAINT IMPOSED BY CLOSING THE GATES AT INIGHT. Statut. Univ., Tit. XV. § 6. REPORT. 21 xvhose entrance he thus reports. The injunction of the Statute is doubt- less disregarded from its incompatibility with the greater fi-eedom, it may be added with the later hours, of modern society, and with the different age at which the Students now come to the University. Men cannot be governed like boys-, but it would be well that the Statute should be altered, "The* S.rg?Iec\te“,‘'at which attendance is retinired, with more or less by college lectukes, strictness at different Colleges act also as a restra.nt *e Undero-raduates. They take place, as a general rule, between the hours ol 9 AMlmd2p.M. There are few after that hour; but some zealous Tutors employ a portion of their evenings in superintending the studies and exeicises of then- inipils. In most Colleges an Undergraduate is expected to attend two Lectures every day ; sometimes attendance on one only is required ; and ^metoerthough' ve^y rarely, the nnnrher is three. .On some one day m the week there are no Lectures in many Colleges; in otheis. Lectures are intermitted on Festivals and Samts’ days. Lectures on the Articles, or tl Greek Testament, are in a few Colleges given on Sundays. In one College notes of one of the Sermons preached at St. Mary s are required from t %m®offim?of every College have the opportunity of ascertaining whether by hall dinner. the Sudeuts are present at dinner in the Hyi.yvhich between the hours of 4 p.m. and 6 p.m. Attendance 'ff . “ forced, except on particular occasions, as, for instance, prevent Students from being present at races, or similar amusements, at a dis ‘“fL^rthe whoiftime, from two in the afternoon till midnight, is every day left at the disposal of the Undergraduate; and he often has two whole days ^ the week unoccupied by College duties beyond attendance oiice m the day at Chapel. Many Students, as we have seen, live in the town m lodgings own selection, to which they may return as late as they please ; and th^ may pven uass the nio'ht away from their lodgings, with little risk of detection. Having pointed out the restrictions to which Undergraduates are subjected, umvERSiTY punish. we may Sob notice the punishments by which such restrictions are eiiloiced On the part of the University these are; 1. Literary impositions. 2. lines. 3. Confinement to the walls of the College. 4. Rustication. ^^ii The two first of these are usually inflicted for some breach of discipline, in cases which imply no breach of morality, as, for instance, ^ the academical dress on public occasions or at night, or Statute de vehiculis; the third and fourth for gambling, or being i^nd m circumstances implying vice ; the fifth, which is very rare, for cases of immorality, and for such breaches of faith as would endanger a system of discipline which is necessarily dependent on the integ^i;ity and honourable con- duct of the younger members of the University in dealing with their superiois. On the part of the Colleges, the punishments are much of the same kind : college punishmen . the first and second being used for trivial off-ences ; the third aM the same class of ofifences as those just indicated m the case of the Umveisity, and also sometimes for inveterate idleness; the fifth being very rare, and involving expulsion from the University, as well as from the To these must be added, admonitions before the Head and hellous of College, and two kinds of removal, short of expulsion. Jhese are kn^^n by the names of “ Liceat migrare” and “Bene discessit, which aie the fir words of the Latin forms, in which members of one Society received per- mission to transfer themselves to another. The “ Liceat migrare is gi.ven m cases sufficiently serious to warrant the delinquent s exclusion from ^ ' lege, but not from the University. A Student so removed can migrate e ^ to another University or (after the expiration of one year) to any Society in Oxford which may be willing to admit him. The “ Bene discessit is granted in less grave cases; usually when the Student has failed to pass is pii examinations within a given time. He may in that case be mimed.ately admitted elsewhere. One Hall in Oxford generally '-^ceives Students ot the latter class; another admits those ol the lormer class also. These g more expensive than the Colleges, the punishment, in such cases, jesi es loss of position which follows it, becomes in effect also a pecuniary penalty. 22 OXFORD UNIVERSITY COMMISSION. EFFECTS OF THE COL- LEGIATE LIFE. ITS ADVANTAGES, ^ ITS EVILS. See Statutes of Jesus College, c. 27. ACTUAL STATE OF ACADEMICAL DISCI- PLINE. Evidence, p. 9, Knox, on “ Liberal Education,” c. 43, 45, 4G. These are the actual punishments. Some others which are enjoined in the Statutes are obsolete, and are suited only to a different state of society. It is obvious that, from the mode of life engendered in a society such as the Collegiate system implies, some of the chief characteristics of the education of the University must proceed. The Student is enabled to enjoy a con- siderable amount of independence, limited though it be by such restraints as are imposed by living in common Avith his equals, and by the control, more or less strict, of his superiors. Opportunities are afforded for social intercourse of a more intimate and genial character than Avould be found in a system of solitary study. By the combination of instruction and discipline in the hands of the College authorities, the points of contact between Teachers and Pupils are multiplied. The bond formed thus early betAveen the various Members of a College is one far stronger and more lasting than is found to exist in academical bodies not composed of Collegiate societies. Even the most thoughtless Student is often found to take an interest in the credit and Avelfare of his College, though he may remain indifferent to the credit and Avelfare of the University. On the other hand it must not be overlooked, especially in comparing the present Collegiate system Avith other modes of supervision to Avhich Ave shall presently advert, that these advantages cannot be secured Avithout counter- balancing evils. The amount of individual freedom Avhich Ave have described necessarily opens great facilities for idleness, extravagance, and dissipation. The easy intercourse of College life is apt to degenerate into lounging and indolent habits, and from these the transition is sometimes rapid to gambling and vice. Experience proves that it is very difficult for the College authorities to obtain the confidence of their Pupils, and Avithout this their influence must be slight. The close bond Avhicli unites the Members of each College together, though in itself one of the most pleasing features of academical life, has often led to a culpable disregard of tlie higher duty Avhich they OAve to the Uni- versity ; and has often given to a College the appearance of a combination to promote private interests, rather than that of a Society founded for public purposes, and forming part of a great National Institution. The preference of felloAv-collegians to all others in University elections is, in some cases, even enjoined in College Statutes. On these more general results of the Collegiate system Ave do not, how- ever, propose to enlarge. We confine ourselves to its effect on academical Discipline. It Avill of course be understood that the influence Avhich it exercises in this respect is often of a nature too indefinite to admit of a precise description, or to be fairly represented by an account, however minute, of the rules hy Avhich it is enforced. Nor, again, must it be overlooked that the effects of the system vary Avidely, according to the mode in Avhich it is administered in the several societies of Avhich the academical body is com- posed. The difference betAveen the habits of Students, and the temptations to Avhicli they are exposed, in a strict College and a lax Hall, is almost as great as if the persons, Avho are placed in circumstances so Avidely different, belonged to different Universities. It is satisfactory to find, Avhen Ave compare the discipline, the order, and the morals of the University Avith Avhat they are reported to have been even Avithin the memory of living men, that a decided reform has taken place. The venerable Mr. Philip Duncan says, “ I have resided Avithin the walls of “ New College for above 60 years, and have had great satisfaction in wit- “ nessing many admirable improvements in discipline, morals, and education “ in the University.” For some of the gravest charges formerly brought against both the authorities and the students of the University there appears now to be little or no ground. In the account of Oxford, given by Dr. Vicesimus Knox, towards the close of the last century, the Proctors are accused of attending chiefly to “ vexatious formalities,” and “ passing unnoticed,” or but slightly correcting, for the sake of appearance, “drunkenness and de- “ bauchery the Deans of Colleges are said “ seldom to choose to incur the “ odium of being disciplinarians, and of inspecting, with any peculiar vigi- “ lance, the conduct of the juniors;” of being “ often very attentive to court “ the favour of the young men Avho are to succeed to FelloAvships, and who “ may afterAvards reward the negligence of the Dean by conferring upon him REPORT. 23 “ the honourable and profitable office of a Prindpal.” The Fellows of Col- leo-es are said to “ employ their attention and time m the pursuit of vulgar “ enjoyments, such as the uneducated chiefly delight in— in the bottle and in “ the ioys of the chase.” “ In no places of education are young men more “ extravagant : in none do they catch the contagion of adminng hounds and “horses to so violent a degree; in none do they more efl^ectually shav “ the fine sensibilities of shame, and learn to glory in debauchery ; in none ‘‘ do they learn more extravagantly to dissipate their fortunes ; iii none do “ they earlier acquire a contempt for their parents; in none do they learn so “ much to ridicule all that is serious and sacred ; in none do they run greater “ danger of ruining their health, fortune, character and peace of mind; in “ none can they be less soberly brought up to the sacred function, or to any “ other useful or honourable employment. Much of the corriytion of morals “ and unbelief of religion, which is now visible throughout the nation, ^ “ derived from the ignorance, carelessness, and vice of Clergyinen trained in “ the Universities of England If the most unbounded libertinism of “ sentiment and practice is a qualification for a Senator, then let > 3 ^ “ educated in an English University as now constituted. This description, running as it does so completely counter to the eulogy pronounced by Di. Johnson on the Oxford College system, was probably too strong even lor that time. But Johnson could see no defect in what he loved ; and language 1 v that of Dr. Knox could hardly have been used without some ground. In all the points here mentioned the University and the Colleges have, under the influence of the general improvement of society, made a great advance. The grosser exhibitions of vice, such as drunkenness and not, have, in Oxford, as in the higher classes generally, become rare. The intercourse o the Undergraduates with their Tutors has, in many cases, becoine more con- fidential and more frequent. The influence of the senior on the junior part of the University has increased, and is, for the most part, exercised foi goo ^ . Greater attention is given to theological instruction ; greater reverence is observed in the performance of Divine service. A religious Student is not now an object of persecution or scorn, but, as a general rule, of respect an There still remains, however, much to be done towards the attainment of such excellence in Discipline as may be fairly expected; and the improvemen which we have noticed in the University, and in the better Colleges may warrant a hope that the amelioration will be progressive, and that alf tlie parts of the system may be raised more nearly to the same Isyel. ^ Of existing evils the most obvious are sensual vice, gambling in its various forms, and extravagant expenditure. . • . r air iTipqp Little can be done by direct enactments to restrain the two hist ot these evils. External decency, on the whole, is well preserved in the town ol Oxford. The amount of temptation to the unwary, however, is such as mignt, bv increased vigilance on the part of the Proctors, be still considerably reduced. But in the villages round Oxford, and in places still niore remote from the Proctors’ jurisdiction, the opportunities to vice are too abundant. Ihe iVietio polis itself is not beyond the reach of ill-disposed or weak young men, who, as we have shown, may often have the whole day at their command. Gambling is carried on in the University, as elsewhere, in such a manner as to make it extremely difficult of detection. When discovered it is always punished. At times, withui the last twenty years, it has reached a great heignt. It is usually introduced into a College by one or two individuals, who bring the practice from without. A fashion thus springs up in t e circ e o immediate acquaintance, which, indeed, often dies out when that one generation of Students has passed away, but which is very fatal in the mean tune, sinc^ from the nature of the case, it can be discovered only by accident. A system of espionage would be wholly uncongenial to the spirit of the place. The habit of extravagant expenditure is more widely extended than eitliei of the evils just mentioned. But flagrant instances of misconduct in tms respect, such as come before the courts, and raise the indignation oi tlie public, are less frequent than formerly; and a large number ol Under- graduates are disposed to practise as strict an economy as tlieir position admits. This is attested by the fact, that nearly one-half ol the Students deal for grocery with a tradesman who refuses credit in all cases. But between tlie Boswell’s Life of Johnson, vol. ii., p. 53. EXISTING EVILS. VICE. Evidence of Mr. Jelf, pp. 182, 183. GAMBLING. GENEBAL EXTRAVA- GANCE. Evidence of — Mr. Melville, p. 52. Mr. Jelf, p. 184. Dr. Macbride, p. 220. Evidence of Mr. Wilkinson, p. 69. 24 OXFORD UNIVERSITY COMMISSION. Evidence, p. 4. Evidence, pp. 183, 184. Evidence of — Mr. Wilkinson, p. 69. Mr. Jelf, p. 184. Dr. Macbride, p. 220. FACILITIES FOR INCUR-; RING DEBT. DIRECT MODES OP PRE- VENTING DEBT. EXTRAVAGANCE. Evidence, p. 19. Evidence of — Prof. Browne, p. 4. Mr. Mansel, p. 19. Mr. Jowett, p. 32. Mr. Strickland, p. 99, Mr. Scott, p. 110. Prof. Wall, p. 146. small class which is guilty of disgraceful extravagance, and the larger body ■which is prudent, there is still a considerable number of young men who spend far more than they have any right to spend. Two or three specific forms of extravagance may be mentioned, some of them petty indeed in themselves, but which all help to swell a young man’s aggregate expenditure. The power of tlie authorities may do something towards diminishing these ; timely warning and good sense will do more. One such point is alluded to by Professor Browne. The debts,” he observes, “ into wliich Undergraduates* are led, by the growing taste for furniture and “ decorations, totally unsuitable, are ruinous.” This language is strong but the evil to which it points is very serious. We cannot forbear from alluding also to the excessive habit of smoking,, which is now prevalent. Tobacconists’ bills have, and that not in solitary instances, amounted to 40/. a-year. A third cause of expense is the practice of dining at inns, taverns, and clubs, in or about Oxford, a practice which may be checked, as has been proved, under the administration of active Proctors. The Evidence of Mr. Jelf shows at con- siderable length the great evils hence arising, and the mode in which the practice may be, and has at times been, effectually repressed. Driving, riding, and hunting are also causes of great expense. The Uni- versity regulation, which imposes a heavy finef on those who are found driving, unless they have obtained permission from an officer of their College and one of the Proctors, is more or less enforced, and restrains the practice to some extent. Undergraduates are forbidden by Statute to keep horses without the sanction of the Head of their College; a rule which, however, is only partially enforced, and may be easily evaded by the use of hired horses. Of these amusements the most expensive is hunting. It seldom costs less than four guineas a day. Some of those who indulge in it are accustomed to it at home, and can afford it ; and on this ground, as well as on the supposition that it often takes the place of worse pursuits, it is in several Colleges overlooked or permitted. It is, however, a matter which ought to be under strict control. A moderate indulgence in it has in some cases been found compatible with serious study and academical distinction. But the present license ought to be repressed ; and hunting ought at least never to be permitted by the College authorities without the express sanction of parents. In such cases, the temp- tation held out by the example of those who can afford the amusement to those who cannot, should always be taken into consideration. These are some of the chief forms of extravagance in Oxford. They are attributable in some measure to a Avant of determination on the part of the authorities, but in a greater measure to the easy credit given by tradesmen to the Students. What a parent allows his son is too often expended in foolish or vicious indulgence, and the youth is enabled to obtain necessaries on trust. It is credit, then, which fosters the worst evils ; but credit Avill be given as long as tradesmen are eager to sell. This is a subject which has often been discussed in the University, and out of it, and the Evidence laid before us contains several suggestions for meeting the evil, though more in the Avay of palliation than of cure. Many such propositions have been made and rejected after consideration, either from the practical impossibility of carrying them into effect, or because it Avas thought that if carried into effect they Avould encourage rather than check the evil. It has been suggested to us that ready-money payments should be encouraged or enforced. So far as this is possible, it Avould, of course, be most desirable. We have already stated that there is a large class of Students Avho appreciate, and are well disposed to make use of the advantages of the ready-money system. Many, hoAvever, still remain, Avho Avill not of themselves act pru- dently ; but any attempt to constrain them by sumptuary laAvs Avould, Ave fear, be as ineffectual as such regulations have alAvays been at the University and elsewhere. “ An attempt,” says Mr. Mansel, “ Avas made in St. John s “ College to appoint a- body of College tradesmen, Avith Avhom every member “ was recommended to deal, and Avho pledged themselves to send in their “ accounts tAvice every year, and if not paid Avitliin the ensuing term, to com- “ municate Avith the authorities of the College. The plan did not ansAver, and “ AA^as ultimately discontinued, chiefly because the tradesmen complained that “ they lost custom by it.” HoAvever, by. concert betAveen Tutors and parents, credit might be someAvhat restricted, and tradesmen might be encouraged to REPORT. 25 1 h\]U c;nnn after the debt was incurred, and at regular periods. The benS to be derived from such a course are strongly insisted upon by 'ifk^nerhaps too much to expect that the Legislature will enact that a ’’“we^think however, that the law might with advantage the delivery of the first, ^ ^ y. all debts whatever rLois debs are nrdue to fair tradesmen. An infamous race has ansen. ::melSde:“:thr^;;you^^^ from the °rur“o"en5ftSSS prevent debt; and m this '' ^s'^reL the walls 1? oT" t“ molt parTC .the P™de„ce a„d “ principle” of the Students themselves, and upon the elhcient co “P®^ \ ^ ■‘ Iheh parents with the endeavours of the College authorities. The ^il^ject “ has frequently engaged the serious attention of the authonties «f ‘he Urn- ;: =t»‘£ ;; ■‘. Evidence of — Prof. Walker, p. 22. Mr. Grove, p. 28. Mr. Jowett, p. 32. Mr. Scott, p. 111. ‘ Mr. Jelf, p. 181. Evidence of — Mr. Eaton, p. 204. Mr. Foulkes, p. 222. Evidence of — Prof. Browne, p. 4. Mr. Mansel, p. 19. Mr. Jowelt, p. 32. Mr. Wilkinson, p. 09. Sir C. Lyell, p. 119. Prof. Wall, p. 146. INDIRECT MODES. Appendix E., p. 56. "‘the University or me Wltn ine irauebmmi ov. X ^ ^crnrtp ■sitv or the College, he will frequently succeed and escap -detection; and additional impediments have been opp<«ed of late to the - Universli; laws aftecting the tradesmen of the place by the rapidity ol communication with the metropolis. wEich seem to us There are, however, various indirect means of control, which see capable of effecting much good. . , p Uni- As Mr. Grove suggests, it might be made known, as ^ versity, that parents and guardians should avail themselves 1 gg means of resisting claims for other than necessaries, or (it may be added. Evidence, p. 28. influence of the UNIVERSITY AUTHORI- TIES. 26 OXFORD UNIVERSITY COMMISSION. ARRANGEMENTS TO SUPPLY REASONABLE WANTS OF STUDENTS. Evidence, p. 159. Compare also the Evidence of — Prof. Browne, p. 4. Mr. Jelf, p. 180. Mr. Eaton, p. 204. INFLUENCE OF COLLEGE TUTORS. Evidence of — Mr. Pattison, p. 43. Mr. Wilkinson, p. 69. Evidence, p. 144. THE SUMMARY REMOVAL OF IDLE AND EXTRAVA- GANT STUDENTS. Evidence, p. 106. Evidence, p. 28. Evidence, p. 191. Evidence, p. 159. case the law should be extended) any claims where the tradesman has not duly sent in his bill as required. On its being publicly known, that such was the Avish of the University authorities, less delicacy would be felt in pleading or countenancing the plea of infancy to actions brought for improper debts ; and a check would thus be put on the encouragement given to extravagance by fraudulent tradesmen. The Colleges may also do much to diminish temptation to expense by them- selves providing for all the average and reasonable wants of their members. “ All possible facilities,” says Sir Edmund Head, “ for satisfying such wants “ should be afforded Avithin the AV'alls of the College itself and he enters into details to shoAv that a plan of this kind is practicable. The Evidence of the Tutors of Pembroke College shoAvs that such arrangements have been made in that College Avith satisfactory results. But it is manifest that extravagance is too closely connected Avith general habits of idleness and vice to be considered apart from them. We cannot, therefore, refrain from touching, though briefly, on the means of moral influ- ence or restraint which the University possesses, and Avhich can or ought to be brought to bear alike on all matters of academical Discipline. The good effect produced by the personal intimacy of Tutors Avith their pupils has been already noticed. Several portions of our Evidence insist strongly on the importance of such intercourse. The “ impassable gulf,” Avhich has been described as separating the Authorities and the Undergraduates, should no doubt be filled up. But habits of intimacy and familiarity betAveen elder and younger men, in order to exercise a really beneficial influence, require great judgment on the part of the seniors. The characters of young men must be formed chiefly by intercourse with their contemporaries. Nor indeed is it possible for Tutors to associate Avith the Undergraduates of a College generally. Still much advantage might be derived from more direct superintendence than is commonly exercised at present; and, if Tutors could from the first come to an understanding with parents, and cause it to be felt by the Students that they Avere constantly under the eye of men who deserved their respect, and that their mode of life would be made knoAvn to those Avhom they have most reason to love and Avould most fear to grieve, a great step would be taken toAvards checking vice and extravaganee. But we tear that even these means might too often fail. We learn from Professor Wall, as the result of his own experience, that, if a Tutor ventures to communicate to a parent any suspicion of his son’s society, expenses, or habits, “ he is pretty sure” to he told, “ that the parent “ has questioned his son, and feels perfect confidence in his explanation.” This mode of influence, hoAvever, is a matter so purely personal and private in its nature, that Ave can only offer general recommendations upon it. It might be desirable in many cases, as Professor Donkin advises, “ that “ the Colleges should make more frequent use of their poAver to remove those “ Avho, after a fair trial, give no ground for hope that their continuance in the “ University Avill he other than hurtful both to themselves and to their felloAv “ students.” Tliis remark is especially applii^d in other parts of the Evidenee to tlie case of extravagance. “ When any such cases,” says Mr. Grove, “ became knoAvn to the College, I Avould deal severely Avith the delinquent, “ and, in flagrant or repeated instances, rusticate or expel.” And Mr. Bonamy Price : “ If every Undergraduate Avere made to understand that expensive “ habits Avere inconsistent Avith his College life, and Avould, if persevered in, “ lead to his removal, there would soon be a positive change.” Tliere is danger, indeed, lest such measures, if rigidly enforced, might defeat their oAvn object. For, as Sir Edmund Head remarks, “ It must be remem- “ hered too, that if the College authorities are to discourage running in debt by “ expelling or rusticating members knoAvn to be guilty of such conduct, then “ the very Aveight of the penalty would lend force to the demand of the trades- “ man, and Avould cause him to rely on the individual doing all he could to “ pay. The threat of exposure to the College Avould be more effectual than a suit at laAv. Great caution, therefore, must be used in applying any means “ of this kind.” Still there can be no doubt that more might be done in this direction, than has yet been attempted. And, at present, no fair trial can be given to this kind of punishment, because there exists a mode by Avhich its more serious consequences may be escaped. We have already noticed that Students dismissed from Colleges, either for REPORT. 27 neglect of study ov offences "such'^S:?! ^(iL^WesTt after a year’s interval to migrate with- only onl, we believe, that gives of the w^st elements drawn from other Societies), is not J^Lnce from Oxford— but it in the University-to be deprecated connexion often kept becomes a source of mischief to the ^ U would, doubtless, up between these students and their o debar a voun<. man who be hard, by total expulsmn the character ; but has misconducted himself from th } Y subiected to a stricter if such a person be allowed to temam, he ou^ there discipline than before. “ It may be desiia , y stricter Evidence,?, iis. o should be a locus pwmtenua, XT „rnot o^ “ Colleges cannot retain on account o ’ jj ^ should have even the Compere Evidence rsistr £ :,r :S"‘, A- ™ei.. i. found for such men. i,* u ic ■fnlpvntpfl in few Colleges, but A further evil, of a less gmve kind, "'l'\T,,'iTHa 1 iTthTt the members which is almost essential to the ^XinTho^ again- It is of it are allowed to present themselves Such cases must said that a Degree has been obtained alt incorrigible idleness, be the result either of great the sake of the Sd\tL“Tes! nToneTould be allowed to present himself for exami- services of the place are so regulated as X®Xiat ought to be the average cost of a Degree at Pembroke ^1‘l?Tcmplc has given us an account of the expenses of an economical Undcr- graduale T/ Ballior; from which ’ vouno- man at that College may take his Degree for about 370(. i his the items mentioned in the case of Pembroke, though not to the r^aiTltertainments. The evidence of the Bursars oi Bal lol shows that Pie average expenses of that College are much higher than those stated by . "^'T^^Soulation based on the evidence of Mr. Conybearc, and including the same items, gives about 360k as a fair estimate oi the expenses reqmied iiom young man during his academical course at 'mno' mnn diirin^ lliS acacitiiiucai uuuioc at ^ In University College, taking the average amount of the Battels, the same calculation for other necessary items as in f Christ Church we estimate the average expenses ol graduation to he about 43 . It is to be observed that none of these calculations include caution-money, Mf 'l’to“' ;fthe"s “coUege, states the sum of !50k to be Pie lowst’ yearly sum for which he has known an that Society. We understand Mr. Eaton to include in this sum “Fuses every kind, such as are excluded in tlie ..TaT ‘ the average Battels leads us to infer that this is much below the usual cost °^At St Edmund^IM Mr. Hill, the Vice-Principal, informs us that one or two members who have recently graduated, have not amount of their College Bills, during the iour years inclusive of caution money, admission takinc the Degree. Several have defrayed the whole ol then academ c expenses from matriculation to graduation, comprehending both College bills and private expenses, with the exception ol clothes and In every College, wine-partks with desserts, are common, buch enteitc ments aTe krv coltly, even where the bounds of moderation are not exceeded, ?toe aie SJo varies amusements, of which even the cheapest kinds involve “ wfhave it necessary to describe at length the accounts recrived frorn Ltacoln, Corpul, Wadham, St.Johns, Jesus, Worcester, Magdalen ^ and St. Alban Hall, which appe.ar in the Evidence. They lead to the sam conclusions as the statements which we have made. On the whole, we believe that a parent, who, after supplj m^ his son clothes and supporting him at home during the vacations, has paid oi during his University course not more than 600 U and is ca^ed ui^ discharge debts at its close, has reason to congratulate himse . ^ allow their sons a private Tutor should add proportionably to then estimate PrivateTiitors usually charge 101. a term, or 30k 171 10s. a term, or 50/. a-year, for six hours a-week. Private lutois oi » standing expect 20/. a term ; 30/. is usually paid by young men who joi reading narty during the long vacation. n „i j Our statements thus far are of course incomplete as the “^""^es couM inform us with accuracy of the amount expended by the Students ovei their “battels." It will be useful, therefore, to add furnished by two young men both of high character hut of dilfei ? had kept careful accounts throughout their whole course. The first is a member of Pembroke College, who informs iis ^hcat, with ^ sum mentioned below, “ he managed thoroughly to enjoy “ out his academical course, frec[uently saw and entertame « at breakfast parties, went to concerts occasionally, hut never boatca o “ cricketed.” He did not give regular wine parties, but from time to time sa a few friends after dinner. i. • “ This table,” he says, “ contains the entire expenses from Matriculation to taking the Degree of B.A. ; many of them being, of course, quite unconnected with the University, and including, under the head of ‘ miscellanea . Evidence, pp. ri3-125. Evidence, p. 317. Evidence, p. 339. Evidence, p. 31 1. Evidence, pp. 320, 32E Evidence of St. Edmund Hall, p. 384. Evidence, pp. 326, 338, 344, 358, 363, 23, 381, 383. ACTUAL AVERAGE EX- PENSES THROUGHOUT THE UNIVERSITY UNDER THE PRESENT SYSTEM. 34 OXFORD UNIVERSITY COMMISSION. “ Travelling expenses. “ Books (amounting to about lU. or 12/. per annum). “ Clothes. “ Medical attendance (in one year alone, 7/. IO5.) “ All personal expenditure in the vacations, exclusive of board and “ lodging only, (as the young man then lived with his parents.) “ It will be seen, also, that the expenses of the first year are about double “ those of the second and third years, inconsequence of the necessary charges for “ caution money, Matriculation dues, furniture, plate, linen, &c. £. s. d. “ 1848, Feb. 23. Caution money . . . . 30 0 0 “ Ihiiversity and College fees (Matriculation) 5 12 0 “Oct. 10. Expenses before residence (including wine. “ linen, plate, &c.) . . . . 24 6 1 “ Oct. 16. Battels for three Grace Terms . 20 7 0 “ Furniture . . . . . 31 8 6 “ Miscellaneous expenses (including china. “ glass, and everything necessary for the “ use of the scout) . . . . 48 12 0 “ 1849, Jan. 23. Battels ...... 17 17 2 “ Miscellanea . . . . . 13 6 3 “ Apr. 23. Battels ...... 18 7 8 “ Miscellanea . . . . . 4 18 9 “ June 11. Battels ...... 13 12 0 “ Miscellanea . . . . . 10 10 7 “ Oct. 17. Battels ...... 17 5 7 “ Miscellanea . . . . . 9 1 0 “ 1850, Jan. 23. Battels ...... 19 0 8 “ Miscellanea . . . . . 11 9 0 2 “ Apr. 16. Battels ...... 18 15 10 “ Miscellanea ..... 6 17 7h “ June 6. Battels . . . . . 13 18 11 “ Miscellanea ..... 17 7 “ Oct. 16. Battels ...... 13 15 8 “ Miscellanea ..... 16 0 2 “ 1851, Jan. 30. Battels ...... 20 0 8 “ Miscellanea ..... 11 8 1 “ May 13. Battels ...... 16 12 6 “ Miscellanea ..... 3 7 Oh “June 21. Battels ...... 13 18 8 “ Miscellanea ..... 19 17 6 “ Nov. 13. Battels ...... 16 2 11 “ Battels for fourth Grace Term 7 5 6 “ University and College fees for B.A. “ Degree ..... 13 7 6 £504 11 0 “ Deduct proceeds of sale of furniture . £21 10 0 “ Caution money . . . . . 30 0 0 51 10 0 £453 1 0 ” The second account is from Mr. Collis, of Worcester College, Avho states that his expenses began in June, 1834, when he was matriculated, and ended in October, 1838, when lie took his Degree. The sum total, including entertain- ments, Private Tutor, travelling, and all other expenses, amounts to 725/. 2s. 7d. “ This,” he says, “ is a low sum for Oxford ; I should say the usual cost of a “ Degree is 800/. at least; to very many it is as much as 1000/.’ In com- paring these expenses with the sum required at Hatfield Hall, Durham, Mr. Collis makes the Ibllowing important remarks : “ One great feature at “ Hatfield Hall is the reality of every item, and another that there is no large “ sum (so serious a burden to many a poor clergyman) to be paid at first for report. “ At Oxibvd there is an apparent injustice (which is a “ ammi- Undergraduates) in charging University lees, .''oom “'^1 ' ‘j-e « ?o“ four years! whereas only three years " “qiim reauired on first commencing residence at Oxioici oiten s^\a ^ “"Tderable proportion of the Undergraduates Scholarships and Exhibitions. One or mo e m ^bove given partly maintained as Servitors or Bible-Clerks. 1 ' Of “Hai?i“tl;ursfo?ed,"'so''far as we are able, the actual the present College system, we now proceed till may not be opened to a much larger and poorer class than that nom Students are at present almost entirely taken , ^ ^ information on this With the view of obtaining a lull discussion and deta pminent inSr tirSe™ St feltlii the mattm- by Member of Urn And that this interest is not confined to those who l^a\e 11 y ^ ^ ^ Evidence is clear from the fact that an f f ^ot i W an“ Board in 1845 by many Gladstone, and others among whom were Lord Sandon Loid admission of a which they expressed to furnish Peen written by Members lflherv”'w1o\rer^^^^^ W YourMalesly’s Commissioners. From ‘hese circum« tLt many members of the University, both resiynt ^d > deeply impressed with the need of some movement m t involve willing to incur the risks and to make the changes which t would The means for accomplishing this design, suggested y I paper of questions, were as follows ;— The establishment of new Halls, whether as independent Societies or PemSsforto“ulltg^^^^^^^^ to lodge in private houses more generally PemLfon to Students to become Members educated in Oxford, under due supernttendence w,th^^^^^^ o them to the expenses incident to connexion w ith a Colie e ^ Admission of persons to Professorial Lectures, should be authorised to grant certiftcates oi attendance requiring any further connexion with the University. No other scheme has been proposed to us for th^ee^^UeSt of Students resident within the University ; and each these schemes has been strongly recommended m that We would remark at the outset before discussing these pl^^ns in deto^ the first requisite for the adoption of any of jp|e”freedom of University, to its Colleges, and to private beneficence, ^nd action. Each plan is strenuously and “^1’®'''! ^,3uai experim^^^^^^ S earnest persons ; and it appears to us that it ib only by ^ 1^ ^ UNIVERSITY EXTEN- SION. PLANS FOR UNIVERSITY EXTENSION WHICH HAVE BEEN SUGGESTED. REMOVAL OF PRESENT RESTRICTIONS, SO THAT THE UNIVERSITY MAY \DOPT ANY OR ALL OF THE SUGGESTED PLANS. 36 OXFORD UNIVERSITY COMMISSION. Evidence, p. 43. I. PLAN FOR FOUNDING AFFILIATED HALLS. Evidence, p. GG. ARGUMENTS OF THE SUPPORTERS OF THIS PLAN. tlie University can satisfy itself as to ■\vliicli is the best, and that the simul- taneous operation ol all so far from preventing, might promote the success of each. On this point Mr. Pattison’s remarks appear to us to merit consideration. Instead of guessing in the dark at the probable effect of these plans, let us make tlie experiment. ... W liat is urged is not the creation ol any new machinery “ hut that an oppressive restriction should be removed, and the field thrown ojien to private enterprize and energy. When free, this Avill speedily run into the best cliannels. Let us leave Halls and Colleges, old and new, “ all Avith unlimited liberty of admission to work together, and trust to the “ power of self-adjustment in things, Avhich will bring to the surface the capa- “ bilities of the several methods It is incumbent indeed on a Uni- versity to be cautious and deliberate in all its proceedings. But experiments are not necessarily rash — there are wise ones — there are even Avise experi- “ ments in legislation Avhich do not ansAver, and then to desist from them “ involves no disgrace We in Oxford, are Aveary of scheming, sug- “ gesting, and pamphleteering. Give us leave to be doing something. Untie “our hands and open our gates, and let us at least try if Ave can attract here, “ and can usefully deal Avith that larger circle of youth Avhom Ave are told Ave “ ought to have liere. If only a little relaxation is given us, and if then our “ numbers do not increase, it Avill be impossible to avoid ascribing that to the “ usual abortiveness of half measures. But, indeed, the utmost that is now “ asked for is truly little. The ideal of a national University is that it should “ be co-extensive Avith the nation — it should be the common source of the “ Avhole of the higher (or secondary) instruction for the country ; but the “ proposed measure AA^ould, after all, only go part of the Avay toAvards making it “ co-extensive Avith that part of the nation Avhich supports the established “ Church. If Ave can only draft in 500, say 300 students (additional), from a “ class Avhose education has hitherto terminated Avith the national school or the “ commercial academy, the good that AA'ould be effected by acting even on this “ moderate scale cannot be represented by figures. It Avould be the beginning “ of a system by Avhich the University Avould strike its roots freely into the “ subsoil of society, and draAv from it neAv elements of life, and sustenance of “ mental and moral poAver.” The restrictions on the energies of the University of Avhich Mr. Pattison here complains are, like many others which Ave have had occasion to mention, imposed by the Laudian Code. By the provisions of that Code no Student can be a Member of the University Avithout being a Member of a College or Flail, in Avhich he is constantly to take his meals, and to lodge at night. No College is permitted to lodge its Members in buildings adjacent to the College unless they be so situated as to have no entrance except through the common gate. Since the days of Laud, tAvo Halls (Gloucester Hall and Hart Hall) have been turned into Colleges. The latter of tliese has, hoAvever, become extinct. No iieAv places of education have since been created ; nor is there, so far as appears, any provision in the University Statutes for establishing a neAv College or Flail Avithout the assistance of the CroAvn or of the Legislature. Whatever plan, therefore, be thought Avorthy of adoption, the first step must be to annul these restrictions of the Laudian Code. But Avhilst Ave advise that free scope should be given to all the plans Avhich have been proposed, Ave think it Avell to survey them separately, so as to give some notion of their relative advantages or defects. We Avill first take the plan Avhich recommends the establishment of Halls in connexion Avith existing Colleges. We give on this subject the principal portions of the Evidence of tAvo gentle- men Avho have advocated it. Mr. BartholomeAV Price speaks as folloAvs: — “ I Avould suggest that existing “ Colleges should open Halls, Avherein Students should reside; that the “ Students should he members of the College or Hall, and subject to such disci- “ pline and regulations as the Head or Governing Body of the College or Hall “ should think fit ; and that a FelloAv or Fkitor of such a College or Hall should “ reside in, and superintend, the affiliated Hall ; I Avould leave it to the autho- “ rities of the College to devise means for lessening the expense of such Students, “ but probably less might be charged for their tuition ; a single room in the Hall REPORT. 37 “ miglit be allowed to each ; there might be a common breakfast-room and “ recreation-room for all ; all private parties might be forbidden within the “ Hall ; the Library, Hall, and Chapel of the College, on which it depended, “ would suffice for such an institution ; and the Students might either dine in “ the College Hall at an earlier hour, or have a dinner provided for them in “ the common room of their own Hall, whereby, in a great measure, the ex- “ pense of a separate institution would be saved ; only a porter and servants to “ wait in the rooms and clean them would be required. To such Student^ on “ the College authorities presenting a certificate 'of poverty, the public Pro- “ fessors and Lecturers might charge half-fees, the University might remit fees “ at matriculation, and at taking of the Degree ; and the Government rnig it “ remit the stamp. Judging from the expense at Bishop Hatfield’s Hail at “ Durham, the several training schools, and from St. Augustine s College at “ Canterbury, I conceive that the annual expense of such Students for 26 weeks “ might not be more than 30^., assuming, as I do, that well endowed Colleges “ should be compelled to provide ^such institutions out of their superfluous “ wealth.” . . Mr. Temple says “ If a Hall were erected for forty Students, containing. Evidence p. 12 . “ besides offices, one room for each (to serve both as a sitting and a sleeping room), a common sitting-room to be open at fixed hours (which might also be “ the library), two lecture-rooms, six rooms for a Warden, two rooms for a “ Sub-Warden, the expenses would stand thus ; — For each Student. £. S. d. 2 . 3. 4. Cost of erection and furniture 15,000^., the interest of which, at 4 per cent, would give 600/. per annum, i. e. Repairs and taxes Food, firing, washing, and servants .... Warden, 450/. ; Sub- Warden, 250/. ; (to act as Tutors) Books, Professorial fees. University dues . 15 5 30 17 7 0 0 0 10 10 0 0 0 0 0 £75 0 0 “ The second item might be reduced. The experience of public schools “ shows that it can be done for even 20/. ; 30/. would allow of a weekly day of “ hospitality, on which a given number ol Undergraduates might invite their “ friends to dinner, with a dessert, in the common sitting-room. “ If easy access were given to the College libraries and to the Bodleian, the “ expense of books ought not to be much. “ This estimate amounts to a reduction of 25/. out of 100/. “ But the real reduction would be very much greater than that ; for the im possibility of having parties in their own rooms would do away with more_ “ than half the temptations to expense to which the Undergraduates are at ‘b present exposed. “If the Hall were erected, and the Warden and Sub- Warden partly paid “ from some independent source, the expense to each Student would become : £. 5 . d. Food, firing, washing, and servants . . • • . 30 0 0 Warden and Sub- Warden . . . • • . 7 10 0 Books, Professorial fees. University dues . • . 7 10 0 £45 0 0 “ Making the total, including clothes and journeys, about 65/. or 70/. a-yeai. “ The great objection to this scheme is the cost. But if it be remembered “ that the Colleges are eleemosynary foundations, there would appear to be no “ better way of now carrying out the spirit ol the founders intentions than by " requiring the Colleges to erect and maintain such Halls. ‘ Poor Scholars “ are an evil, because they are placed in a position where their poverty is lelt, “and is made to tell with a bad effect on their education. ‘ Poor I ellow s “ are a still greater evil, because poverty is certainly no qualification for the “ exercise of authority. But such Halls would relieve poverty without de- “ grading it. And after much conversation with men ol very different 38 OXFORD UNIVERSITY COMMISSION. EXAMINATION OF THE PLAN FOR AFFILIATED HALLS. Evidence of Mr. Melville, p. 50. OH.JECTIONS TO SUCH FOUNDATIONS 1. FROM THE ALTERED STATE OF SOCIETY. “ opinions, I have been led to lielieve that to require their erection would meet “ Avith less opposition in Oxford than almost any otlier measure of reform. “ To cripple the Colleges as places of education Avould of course be n rong, “ and any College Avhich could show to the satisfaction of its Visitor that its “ revenues Avould be reduced by erecting and maintaining such a Hall below “ Avhat Avas necessary to support 10 FelloAvs might be exempt. The appoint- “ ment of the Warden and Sub-Warden might be left in the hands of the “ Visitor of the College, the details of the arrangements subject to his control. “ There Avould be no necessity for making all the Halls alike, provided only “ that care Avas taken to treat all the Students most scrupulously as gentlemen. “ If it be Avorth Avhile to educate them at all, it is Avorth Avhile to give them “ that refinement and treat them Avith that consideration Avhich belongs to the “ educated class in society. To the establishment of such Halls by the Colleges might be added a “ license to any FelloAV, Avith the consent of his College, to open a Hall in “ connexion Avith the College. The details might vary from those suited to the “ ease of a Tutor having Pupils belonging to the College to board Avith him, to “ such as Avould belong to an almost independent society. But in every case the “ Proctors should have the poAA- er to close the Hall at three months notice, and “ the Visitor of the College should be Visitor of the Hall.” We have thought it right to let tlie advocates of this plan be heard at length before Ave give any opinion of our OAvn. We noAV proceed to examine the pro- ject Avhich they ably set forth. To the plan of increasing the number of Students in Colleges, by permitting Undergraduates to lodge in buildings not having the same entrance as the main fabric, Ave see no objection. On the contrary, Ave think it desirable that as many persons as possible should be admitted to the benefit of the education Avhich is imparted in Avell-conducted Colleges. The diminution of numbers Avhich Avould take place in the inferior Colleges, which are noAV filled to a certain extent by the Avant of accommodation elseAvhere, Avould be beneficial to those Colleges themselves, inasmuch as they might thus be urged to improvement. The cliief object, hoAvever, of the scheme proposed by the able persons Avhose evidence Ave have just given, is not merely to afford in- creased accommodation in the better Colleges, but to create a class of Students analogous to the Servitors and Battellers of former times, Avithout diminishing the number of profitable boarders from a higher class. Such “ poor men’s Halls,” as they have been called, Avould probably diminish the attractions of the Colleges, to Avhich they Avere attached, in the eyes of such persons as noAv resort to them, if the numbers of the Hall bore any large proportion to those of the College. Wealthy parents are usually averse to the intercourse of their sons Avith persons in a loAver social position. This Avas the objection Avhich .decided the FelloAVS of a College in Oxford to reject a plan lor admitting such Students, Avhich Avas lately brought before them by their Head ; and other Colleges in like manner may be found but little disposed to make the experi- ment. We must observe that the temper of our times is averse to the continuance of such distinctions. Badges of inferiority have gradually disappeared from the University ; and Bible Clerks, Avho, Avithin the memory of many in the Uni- versity, had in several Colleges mortifying duties to perforin, are noAV placed, as far as the Authorities can place them, nearly on a par Avith other Students. Even noAv, however, no one seeks the office of a Bible Clerk Avho can obtain an open Scholarship ; for popular opinion still affixes a stigma, though perhaps a slight one, on such positions ; and charity, thus marked, can hardly fail to produce an injurious effect upon the recipient. Yet though the necessities of candidates are taken into account, acquirements and talent are in most Colleges the decisive titles to Bible Clerkships. The same results might be feared in the case of the “ poor Students ’ of the affiliated Halls. They might, indeed, wear the ordinary goAvn, and be distin- guished from their felloAv-students only by being more closely Avatched, and by the greater plainness of their fare, but their inferiority Avould not be less real or less felt. They would come into sufficient contact Avith the present Com- moners (thus raised, in fact, into a ncAV kind of “ Gentleman-Commoners ), to be daily and hourly reminded of their position, and to receive, it is to be feared, anything but benefit from the intercourse, such as it Avould be. The Colleges KEPORT. 39 and tlie poor Scholars would both he anxious to remove the distinctions which produced annoyance to both. i i In this manner the tendencies of the age would assert their force, and these Halls, as has in fact been the case with the Colleges themselves, would cease to be places of education for the poor. They would become mere extensions of the parent society ; and in case endowments should Ije given to the sustentation of their inmates, they would, after a time, be made, like open Scholarships, prizes for competition, and means of purchasing distinctions lor the College. The Halls might doubtless produce benefits in this case, but not the benefits expected by their advocates. , A grave difficulty in the way of the sptem of affiliated Halls arises from the necessity of providing distinct buildings. A site near the College itsei is indispensable, otherwise the Lectures, the library, the hall, and the kitchen, cannot be common. To provide such a site would for many Colleges be impossible, and for most Colleges very costly. The expense of erecting forty bed-chambers, with apartments for the Governor of the Hall, and rooms for meals and recreation, is estimated by Mr. Temple at 15,000/. And, undoubtedly, if tlie annual expenses of the establishment are to be kept low, they must be distributed over a considerable number of members, and therefore the oiigmal outlay must be large. Those Colleges which have much ground at their command, and what Mr. Price calls “superfluous wealth,” could alone provide such Halls. This combination of resources probably exists in no College but Magdalen. Some might be disposed to think that it would be found also in Merton, St. John’s, Wadham, Worcester, and Christchurch. But few would wish to encroach on the gardens which contribute so much to the enjoyment, the salubrity, and the magnificence of Oxford. And, though the Colleges just mentioned have space enough, they have not, we believe, any pecumaiy resources at their disposal. It would be hard, therefore, to compel them to raise by loan, and then to invest in buildings, a capital of 15,000/., which must be reimbursed by a sinking fund of large amount. We presume that no one desires that Colleges should alienate any of their estates for the purpose of carrying out this plan. But, if the numbers of the University should from any cause be as greatly reduced as they have often been, it might become necessaiy to alienate the estates to repay the loan, and the Halls would perhaps g'o to luin To meet this difficulty, Mr. Temple proposes that the numbei o e o\\ uj' uoin^'isuaiun ships in each College should be reduced to ten, the minimum number whicfi lege revenues would provide a sufficent staff of instructors and administrators in each Society ; Evidence, p. 127. and that the proceeds of the suppressed Fellowships should be applied towards the erection and support of the affiliated Halls. This proposal is justified on the ground that Fellowships, which were ori- ginally charitable foundations, are now filled by persons who are certainly not poor and needy. In other words, a compromise is suggested between the provisions of founders and the "wants of modern times. It is not surprising that men zealous in the cause of education, accustomed to see Fellowships bestowed for the most part like prizes in a letter}', and le- garded as mere sinecures, should desire to apply the revenues which support them to the execution of a great and useful purpose. And, if these I ellow- ships must, as long as they exist, be given away by accident, and cannot le made means of rewarding past merit, of securing the future services of abfe men, or of remunerating actual teachers, any change might wmll be thought a Doubtless, Colleges were eleemosynary foundations, but their sole object was not, like that of an almshouse, to relieve indigence. They were intended no doubt to maintain scholars who were poor; and in an age Avhen learning vras regarded as ignoble by the great, and when nearly all but the great were poor, persons willing to enter the University as Students could haidly be found except among the poor. If, in modern days, those who impart or seel». education in the Universities are not indigent, it must not be thougliL, theie- fore, that the poor have been robbed of tiieir birthright. Rather the I 111 - versities, among other agencies, have so raised the condition of^ society, and mental cultivation is now so differently regarded, that persons intended foi the learned professions are at present found only amongst the comparatively wealthy. Such persons, if elected for their merit to Fellowships and Schoiai- 3 FROM THE NECESSITY OF CONFISCATING COL- 40 OXFORD UNIVERSITY COMMISSION. II. PLAN FOE FOUNDING INDEPENDENT HALLS. Evidence, p. 58. ARGUMENTS IN SUPPORT OF THIS PLAN. ships M'ould most faithfully fulfil the main objects of Founders, namely, the 1 promotion of religion and learning. I We have no wish to encourage “poor scholars” to come to the University i merely because tliey are poor. If we look to the wants of the country and | the Church, we must believe that what is needed is not a philanthropic sclieme * for counterbalancing tlie inequalities of fortune, hut rather enactments which will provide that neither the rich nor the poor, if they have the necessary qua- lifications, shall be deterred or debarred from following the course in which they can be most useful. What is needed is justice, directed to the removal of every impediment, every unnecessary expense; not charity, designed to produce, under artificial stimulants, a large class of Students without vocation or special aptitude for a learned profession. What is needed is encouragement to merit and industry ; so that every promising youth, however jioor, shall he able to command assistance to support him in the University. W e hope tliat sucli encouragement will be amply provided, as it can easily he, and that Colleges Avill be so regulated as to enable all young men ivho may have gained a Scholarship to go through tlie Oxford course with as little expense as would be incurred in affiliated Halls, even according to tlie estimate ol their warmest siqiporters. We also hope that tlie measures which we shall recom- mend Avill bring the expense of a University education Avithin so moderate a compass, that fcAV or none of those avIio have received the previous training indispensable for an Academical career Avill be excluded from its benefits ; and that those Avho are poor, Avhetlier they can obtain a Scholarship or not, Avill find it possible to arrive at a Degree even more cheaply than is contemplated by tlie supporters of the Halls in question. Believing, then, that, for the plan just discussed, a large outlay Avould be : required, Avithout a certainty of attaining the object proposed ; that endoAV- : ments Avould be better applied to stimulate and to assist good Scholars than '■ to maintain “ poor Scholars,” and that the results aimed at can be attained , Avithout any diversion of capital IVom more useful objects, Ave cannot recom- | mend the appropriation of the revenues of any College to the erection of affiliated Halls. We cannot recommend tliat reluctant Colleges should be ^ forced to spend large sums on a scheme Avliich could succeed only through ; great and continual sacrifices on their part, and Avhich could therefore be : carried out only by those avIio embraced it Avarmly and almost enthusiastically, j ^Ve conceive, moreover, that the plan, even if realised to the fullest practicable | extent, Avould of itself be inadequate to the requirements of the case. We repeat, hoAvever, that Ave Avould have every impediment to its trial removed, ;■ and free scoiie left to the benevolence of Colleges or individuals Avho might be Avilling to undertake it. The second scheme is that of Independent Halls. Here also Ave shall first quote at length the evidence of its chief advocate Mr. David Melville, late Principal of Hatfield Hall, in the University of Durham. “ Sixty Pounds per annum has been named as the sum at Avhich all aca- “ demic and domestic charges might be cleared in a Hall established in inde- “ pendence of any existing foundation. “ But it may be Avell to enter someAvhat more into detail, and shoAv how “ such sum may maintain the establishment in all its branches, and, if required, “ make a return for all outlay in its construction. Of course the difficulty “ that seems to meet the starting of iieAV Halls or Colleges, hoAvever desirable “ in themselves, is, Avhence are the funds to come for their erection; and “ Avhence, if economy is to be observed, the income to pay that erection, if “ made by Avay of speculation or investment. Noaa^, though it Avill not do, “ perhaps, to presume capital freely given for such purpose, I cannot but think “ a Hall or College, or more, might easily be raised by such means. When “ Ave remember the bequests, more than ample for such purpose, left not long “ ago to Queeifis College and Magdalen College, in the latter case troublesome “ almost from its conditions and superfluity ; when Ave look also to Avhat is “ occasionally done in the provinces — ^Birmingham and Manchester especially “ — in this direction ; it seems no stretch of faith, but almost a certainty, that “ many persons Avould gladly come fonvard to aid in such a Avork, if only the University itself attracted instead of repelled such aid, by the obvious sin- cerity of its intention. The body of requisitionists, in 1845, must have REPORT. 41 i. fliPi’i- Mpmorial Some of them, with others, x^roved “ Sfy by what they subsequently tried to effeet, hy an attached “ Hml, as likelihood of saving much of the exx^ense “ of cto“e Liming that such Halls were constructed to accommodate 60 ultK tl4, at.COh per “7“ et' mLlLfct :: =E5! :=iPrnEH^^^m ■• Colle ^hejd^n^^^ “ rendered unnecessary; they can neither a-erregate heads “ svstem itself proposes, and so can fairly be charged in the “ OP* Visions of charge being unmeaning and serving no purpose. I would “ then considering the academic year as divided, for all practica puipose^ m o u IhL pTri Takl20/. from evelj member for “ for thit sum he was to be fed, lodged, and supxdied ^ “ fpssorial and Tutorial, as his status and object in the Univeis y q “ There would be no difficulty in making such arrangement ^d^are with 1 ,. . . f +v,o TTpnrl nnd Officers suggested above, diiectly theie “ relative subdivision of the Head and um oo involved Profes- '' Is ‘is; 'ri;2 “ pended, if not for gradually liquidating that sum - SLcrf by Queen Anne’s bounty. Though it is difficult to fix t e exa^c “ sum renuired because of the inability to conjecture the value of a site still ‘‘ alS thLSL on fair terms, 20,000/. '™iad be sufficien “ for the raisiiio- and equipping such buildings as are requisite to ca^y oLh woirandXl-th^fou have the 1,000/. a-year on ^ per ce.ffi fo ofe. “ True, that this return depends absolutely on the success ol ‘he undm „ - and that there is nothing independent of such f ‘f ^ <■ the possession of the property-a condition that attends ^ jp u with less inherent chance of failure; it is little that is demm^^^^^^ only confidence be shown in the undertaking, and that hy the Unive . y “ itself, proportionate to the value of its object.’ .r _ This scheme of erecting new and independent Halls, to be con i most economical system and under the stactest disciplme, ^as ^ favour in the University. The success which has attended Mi . ® in Hatfield Hall at Durham is regarded as a “f that institution in Oxford. Mr. Coll.s, after stating his “erLtem above, that the usual cost of Graduation at Oxloid, un ei Hall* is 800/. at least, goes on to say: “ One of my brothers “ Durham, under Mr. Melville, the first year that it was “ a Theological Student, he got his licence, and was “years; and from first to Iasi including all expenses, Academica^ and per 42 OXFORD UNIVERSITY COMMISSION. PRACTICAL DIFFI- CULTIES. DANGER OF PARTY SPIRIT. Evidence of Mr. Wilkinson, p. 73, of Professor Wall, p. 146. SYSTEM OF RIGID DISCIPLINE THAT WOULD BE NECESSARY. “ sonal, he spent hut a few pounds over 300^. Surely, by adopting the same “ system at Oxford, in as many Halls as there might be need of, the same “ economy might he insured. Why should a hoy of eighteen at school cost “ his father but 80/. or 90/. a-year, and at nineteen his expenses for a less “ portion ol the year be 180/. or 200/.? All these difficulties have been over- “ come at Hatfield Hall, by the energy and watchfulness of an efficient Head. “ Let the same experiment he honestly tried in Oxford and a larger measure “ of success may fairly be expected.” Other similar establishments elsewhere are also referred to as equally successful. In the Missionary College of Can- terbury (St. Augustine’s), we are informed that the whole annual College expenses of a Student are covered by 35/. Whatever other expenses may be incurred, as for tuition, servants, furniture, warming of the rooms with hot water, or the like, are defrayed by the College. Belore w'e iiroceed to make remarks on this plan, we would again repeat that, to this, as to all the other modes suggested for effecting the imiiortant object in view, we would have every facility given. But we are compelled to express our opinion that it will not jirove of itself adequate to the wants which are to be supplied. The expense of erecting suitable buildings will be still greater than that of founding affiliated Halls, since libraries, culinary accommodation, dining-rooms, and chapels will be required in addition to the lodgings of the Students. The annual expense of tlie maintenance of each Student would be considerably larger, as it would be necessary to provide for the adequate support of a Head and for a complete establishment of servants. Some of the promoters of this scheme rely, like the advocates of affiliated Halls, on external, though not like them on compulsory, assistance. It Avas at first thought that a sufficient sum for the buildings might he procured by voluntary subscription ; but hitherto these expectations have not been realised : Ave believe that five thousand pounds is the sum total of all that has been pro- mised. Nor is it probable that an appeal to the country at large for pecuniary assist- ance in favour of University extension for itself, and on its oavii merits, hoAvever great they may be, Avould meet Avith much success. There is a prevalent opinion that the University and its Colleges, are very Avealthy ; and though it may be urged by many that their resources, those of the Colleges especially, are available only for definite purposes more or less beneficial, but all equally unchangeable, because they are fixed by Statutes and Founders, such considera- tions have little Aveight Avith ordinary minds ; and men are unAAulling to give to those Avhom they think rich, and it may be sinecurists, even though it be in behalf of plans of unquestionable utility. The public Avill be still more re- luctant to subscribe if it can be shoAvn that all the valuable ends aimed at can be obtained Avithout any subscription. It is objected to this plan of Independent Halls that such Institutions may be made the means of fostering divisions in the University, since each zealous Theological party Avhich may from time to time arise Avill seek to concentrate and perpetuate its influence by the establishment of its Hall. It cannot be denied that this objection has some Aveight. But Ave by no means think that it is fatal to the scheme. Even if no measures Avere adopted by the Uni- versity to guard against the evil referred to, zealous partisans Avould probably soon learn that they could not secure permanent iiossession of their own Halls. Experience teaches that institutions of this kind may he in the hands of one party to day, and may, on the morroAV, fall into the hands of their adversaries, or of those Avho have no sympathy Avith the one or the other. But it Avould not be difficult to guard against this sort of evil by securing the appointment of fit men as Principals. We are of opinion that the appointment of such Principals should rest Avith the Chancellor of the University, or perhaps it might Avith more propriety be vested in the Crown. Due provision ought to he made for the maintenance of these neAV Heads. Though zealous and able men might at times be ready to undertake such a post Avithout much emolument, it Avould not be Avise for the University to rely on this as a certainty. It is expected by the advocates of this plan, that in the neAv Halls extra- vagant expenditure might be checked, diligence secured, and morals guarded by a Avatchful superintendence and a rigid discipline. To some extent these anti- report. 43 cipations would probab y .'’e Justified and that to watchful remembered that the discipline must be ^ “ of which is indeed, which would “mp etely prevent those evd ^ ^ J u^erty was inseparable from human liberty , an , n „ 1 -j j^as attached to its due dimFuished the «^^^ exercise. If the btudents were suici y ^ with each other in private, UvX-f"“ can hardly be supposed that the f English people. And -- • ”"i“ ®“irmust be remembered were°Fhm?tablTto^^^ part at least, for similai object , ^ipvntion nuickened by controversial thev were often founded from motives ol devotion, qmckencu j “ Nm Tave Halls been less liable to change than Colleges, ^e P.« of Evidence, p. 380. Maivdalen Hall informs us, that the Aularian statutes, even lo „ than those of Colleges, and would be required to what they uiu j y p y more in proportion, li not always more in amoiin. (.ireful administration Occasionally, as in the case of St. Edmund Hall a cme^^ might keep down the expenses and ensure „ 1 ^ Edmund Hall, this might be an exceptional case. Most oi the would probably follow the contrary rule ^ objections We concur therefore m thinking that theie is „ 1^^^ Hayward guarantee for the permanent reduction -f t. •„! wmdd be well that still, if there be any who are anxious to give it a trial, it would be they should have free scope to do so. „ allowing The third plan to which we have invited attention is that o ailowm Students connected, in other respects, as they are now with ‘V? rn‘lodgings. This might be done in vmdous way. nermission given to Undergraduates, as at L^amoiiaoe, ;y i though in violation of the spirit, if not ol the letter, ol the Ur Twiss and Mr. Pattison are the duel advocates of th p , therefore state its advantages in their T°'’;J®=-b'^^'VtradilTFto ekly to cn^rc Mr Pattison “ to be the mode which would most readily ana y i- <• “ adapted to our present position and needs, giving a large amoun o troSrK; *'.■ ; Evidence, pp. 94 146. Ill PLAN FOR LODGINGS IN CONNEXION WITH COLLEGES. Evidence, p. 42. ARGUMENTS OF THE SUPPORTERS OF THIS PLAN. o leo-es irtiie Ti^tr'ictron ";‘xac'ting"uto et cuUk for sixteen tonis ^ “ removed, many Colleges would admit almost immediately the “ of Students who would he withdrawn from the supply, paitly ol 1. ;lr“^ie other Colleges in Oxford. “ obligation to residence [u within the College m al sj, ei :„crease our “ instead of twelve, were to be exacted, it would ena . t the prin- “ numbers by one-third, and so do something towards intioducm| the pun 44 OXFORD UNIVERSITY COMMISSION. “ ciple of competition, and give schools and parents a freer choice of Colleges than they now possess. It it be true that expensive habits and indiscipline “ would always he attractions to a certain class of Students, it would still he “ the effect of this regulation that the difference between the lax and the regular Colleges would be broadly marked, and no Student would be “ driven, as many now are, to enter at a College which was not suited for him, only because he had not applied elsewhere early enough. This very simple “ amendment of the present statute, which should substitute eight terms for twelve, or what would be better, six terms of nine weeks each (the present “ four grace terms being abolished of course), Avould thus, without any change “ in the system, do something towards giving us elbow-room. It would not “ affect the position of the Student, who, as it is, not unfrequently for two or “ three terms comes in to sleep, but lives out, rendering a nominal compliance “ with the letter of the statute.” Evidence, p. i56. By the existing Statutes of the University,” says Dr. Twiss, “ Students are “ required to be of sixteen terms’ standing before they can take a Bachelor of “ Arts Degree — and to have kept twelve terms of residence out of the sixteen “ terms. Twelve terms of residence are as little as can well be required, being “ equivalent to three years of study. But there is a further regulation, that “ every Student must keep ‘board and bed’ within the walls of a College or “ Hall during twelve terms of residence, or until he is of sixteen terms’ standing. “ The result of this regulation is, that the Colleges cannot extend the services ‘‘ of their staff of Tutors, &c., to more Students than they can accommodate “ within their walls consistently with the provisions just specified. It is a great “ advantage to tlie Students to be subject to the restraint of College walls for “ the first jieriod of their residence ; but it may be open to question whether “ the period of twelve terms might not be reduced to ten or eight terms, after “ wliich the Students might, with the permission of the Head of their College, ‘‘ lodge in private houses. Sucli a change of regulation would extend the “ benefits of the Collegiate establishments in the proportion of one-sixth or ‘‘ one-third— so that if the Students at present amount to 1,200, the existing “ staff of Tutors, &c., might become available for 1,400 or 1,600 Students, “ without any expense of new buildings, &c.” ARGUMEOTs!^ ^ advantages which would thus be gained by enlarging at once the ac- commodation of the Colleges most frequented, would be obtained without any outlay of capital, any new maclhnery, any alteration in the existing course of study. The system is already acted upon extensively in the sister University. But this proposal is met by objections, which, perhaps, may be more advan- tageously considered in connexion with the next plan proposed. It is enough to sta,te here that we do not consider those objections insurmountable, and therefore recommend this cobrdinately with the other means of University extension whicli we have specified. We believe, with Mr. Pattison, that by creating a salutary competition it would speedily empty those Colleges which are bad, and probably lead them to bold reforms. Some of them, if deserted by the Students of the class which now resorts to Oxford, might, even on the ground of interest, be induced to fill their rooms with poor scholars at a very reduced rate as regards the fixed charges, and under such arrangements as would insure economy. Thus the University might be indirectly opened to a new class of Students. But the permission to Undergraduates to lodge in private houses does not of necessity diminish — it may increase — the expenses of such Students, so long as they are still Members of a College or Hall. The rent of lodgings, such as the young men at present require, is, in many cases, greater than that of rooms in College. The larger portion of a thoughtless Student’s expenditure, that, namely, which arises from his intercourse with society, would be incurred by Collegians in lodgings, not less than by Collegians in College. They would take their habits with them wherever they resided. imDER DUE^SOT Feeling satisfied that no one of the three plans just discussed, nor all of TENDENCE UNCON- them coiijointly, would sufficiently effect the object in view, we turn to a NECTED WITH COLLEGES, fourth, namely, that Students should be permitted to become members of the University under due superintendence, but without incurring the expenses in- cident to connexion with a College or Hall. This plan has been strongly objected to by many of those who have given us evidence, but it has been as strongly supported by several distinguished persons. REPORT. 45 In proposing this plan we are aware that we are recommending what will appear to many a dangerous change in the system of Oxford. Yet independently of the peculiar advantages which it offers for the admission of those pool ei classes whose case we are now especially considering, it has some claims which ought to go far towards conciliating support. i i - ' The absorption of the University by the Colleges has been often brought before us in the Evidence, and has been already noticed in previous parts oi our Report. Great as are the advantages which the Colleges have conferred on the University, we cannot doubt that both the one and the other have suffei ed fi om the extent to which their amalgamation has been carried ; and that the Restora- tion of the University to its proper superiority would, independently ol all other considerations, be a great benefit. The monopoly of teaching by the Colleges has o-one far to extinguish the Professorial system in Oxford, and, consequently, to impair, if not to destroy, the character of the University as a seat of learning. The absence of competition has encouraged the apathy which has rendered some of the most powerful and wealthy of the Colleges the least useful. The strong Colleo-e feeling engendered by the present system has superinduced a neglect, we mfght almost say an unconsciousness, of the claims of the University oii the affections and exertions of its Members, such as could hardly have existed had there been a body of men attached to the University, but unconnected with the Colleges. For these and other reasons we feel it to be a matter of gi eat iim portance to raise up by the side of the Colleges an independent body, which will bear witness to the distinct existence of the University, and excite the Colleges to greater exertion. And for the sake of this we should think it worth while to reconamend (even if we despaired of effecting a greater change), that Graduates should retain their University franchise, though they did not retain their connexion wi i a College; and that those who enter the University late in life should not be obliged to become Members of a College or Hall. Such a relaxation wouhl not be liable to the objections offered to the admission of young “ University Students,” as we may call the class of which we are now speaking. But the proposed plan has also the great advantage of virtually embracing the most feasible and useful parts of the various schemes already suggested We have shown the grave difficulty, arising from the necessity ol expending at once a large sum of money, which stands in the way of the establishment o regular Halls, whether affiliated or independent; but these objections do not apply to the occupation of private houses, by Colleges or individuals, lor the purpose of receiving Students. In such cases no outlay of capital would be r^equired, or, if houses must be built, they would be built by speculators on commercial princijiles ; and with them the whole risk would lie. I his p an would admit of indefinite extension without loss of time, and of as rapid con- traction. Its permanency would depend not on the beneyolpice or zeal of individuals or societies, which might be transient, but on the interest botli o parents and of students. It would enable the latter to obtain instruction from the eminent men, who may be induced by the measures we shall hereafter suggest to become Professors resident in Oxford. They w^ould not, as is now often the case, be restricted to such assistance as the College Tutors give, whether great or little ; nor would they be obliged to incur the heavy expense of a Private Tutor, in cases where more able and careful instruction may be Permission is now freely granted to Students (though only to those who are members of a College or Hall) to reside with their parents in Ox oi . ere can be no valid objection to the extension of this permission to those whose friends, being unable to fix their abode in Oxford, might desire to pHce them under the care of a Private Tutor, because they consider such an education as preferable to that obtained in the mixed society and the independence of a College. This domestic superintendence,” as Mr. Wilkinson observes, “ would not be cheaper than residence in College ; but the discipline would be “ more effective, because more kindly : there would also be the resources o “ amiable society in vacant hours (a great safeguard against dissipation) “ the moral influences of a home.” The case of boys at a public school lesi ing with Private Tutors is analogous; and, as Mr. Jowett remarks, “ Such a pel - “ mission would be of especial advantage to noblemen and to gentlemen ol large “ fortune, who form, or ought to form, the class of Gentleman-Cominoners, and “ would obviate many of the evils which now beset their University course. ADVANTAGES OF THIS PLAN. RESTORATION OF THE UNIVERSITY, WHICH HAS BEEN ABSORBED IN THE COLLEGES. COMBINATION OF THE ADVANTAGES OF THE PLANS PREVIOUSLY DIS- CUSSED. OPPORTUNITIES THEREBY AFFORDED FOR DOMESTIC SUPERIN- TENDENCE. Evidence, p. 74. Evidence, p. 33. 46 OXFORD UNIVERSITY COMMISSION. ADVANTAGES OF SUCH ADMISSION TO THE PRESENT CLASS OP STUDENTS. Compare Evidence of Mr. Wilkinson, p. 76. Evidence, p. 121. Evidence,^. 212. “ Some of the most distinguished Professoi’s would, probably, be willing to re- “ ceive Pupils of wealth and station into their houses, and would offer the same ‘‘ opportunities as those of which in the last generation several eminent persons “ availed themselves at Edinburgh.” It is in this manner that in foreign Uni- versities Students of the highest rank are usually educated. But the strongest reason, by far, for allowing Students to become Members of the University, without becoming members of a College or Hall, is, that by this means alone could a University education be made accessible to a class much poorer than that which at present resorts to Oxford. We must, however, before discussing this question in detail, reiterate that, even irrespectively of the benefits to be conferred on these classes themselves, there is a jireliminary argument in favour of their admission into the University which must not be left unnoticed. We are well aware that objections have been brought against an indiscriminate admission of other Classes than those which now frequent the University, on the ground that the influx of these new comers miglit perhaps tend to impair the high tone of feeling which is supposed at present to characterize Oxford. It might perhaps be urged in answer, that the entrance of poorer Students by the means we propose would not produce any effect on the general character of the University. But we may hope that, if their presence made itself felt, it would tend to introduce among the Students generally quieter and more frugal habits, and to discourage those extravagant ways of' thinking and living, which now deter many parents from sending their sons to Oxford at all. The statement of Sir Charles Lyell, though made with reference to the admission of a higher class than that of which we are now speaking, applies almost equally to any large admixture of new elements in the social life of the University. “ I speak,” he says, “ from personal experience of what has happened “ within the circle of my own friends and acquaintances, when I affirm, “ that parents possessing ample pecuniary means are often deterred from “ sending their sons to Oxford by a well-grounded apprehension, that after “ a residence of a few years, they will contract from the social atmosphere “ of the place, notions incompatible with tlie line of life to which they are “ destined, although that professional line may be one peculiarly demanding a “ liberal education. They wish, for example, to bring them up as attornies, “ publishers, engineers, surgeons, or as merchants in some established house, “ and naturally turn their thoughts to Oxford as a safe and good training “ place, till they are warned by those who know the working of the system, “ that the youth, however well satisfied with the honourable calling proposed “ for liim (which, perhaps, he has chosen himself), will discover at the end of “ a few Terms, that such occupations are vulgar and beneath his dignity. How “ much vulgarity of feeling and want of true independence of mind may lie “ at the bottom of such fine notions, it is superfluous to inquire here. The “ remedy is, I think, as obvious as the cause ; — ^a large accession to Oxford of “ the representatives of the professions alluded to, Avould make such class- “ prejudices disappear at once, without the accompaniment of an evil so much “ dreaded by many advocates of the state of things as they are, namely, a “ diminished attendance of men of rank and fortune.” The whole question is well argued by Mr. Clough: — “Will it be said that “ in a country like ours tlie term ‘ upper classes ’ has an ampler significance ; “ and the expression ‘ liberal ’ or ‘ higher professions ’ should be construed to “ include, not only barristers, physicians, and clergymen, but solicitors, general “ practitioners, merchants, manufacturers ; and that it is very desirable that the “ benefits of a liberal education sliould be extended at least to include these ? “ Perhaps so. But first of all, is it certain that such an indiscriminate admission “ would not destroy the subtle superiority which it is the object to com- “ municate ? Do we not run the risk of debasing and vulgarising the very “ means Ave wish to use for elevating and purifying ? Secondly, even supposing “ people of this kind can afford to come, or supposing you reduce expenses to “ let them come, is it yet quite certain that, even so, they Avill come, or can “ come ? that they Avant to come, Avish to come, or have time to come ? “At University College, London, the usual period of stay is from 16 to 19 “ years of age ; the number of Students in Arts a little less than 200. Many “ of them become barristers, many solicitors ; some go into mercantile business; “ some, after one or tAvo, or perhaps three years study of Arts, pass over to REPORT. 47 “ Medicine ; a very few go to Cambridge. Does not this mark the maximum “ of College education which parents of the classes in question are inclined to “ allow their children? Would it be well to have Oxford and Cambridge “ crowded with boys of 16 ? Would they not be better at good schools? and “ can it be hoped that these ciphers, 16 to 19, will be altered ? For the young “ solicitor must, I am informed, be articled for five years; five years is the “ common apprenticeship in the merchant’s office. And, furthermore, parents “ who design their boys lor these walks of life, have, I believe, (fathers at any “ rate,') a strong persuasion that it is in itself undesirable for them to wait “ beyond 19 before they set to work. Merchants think 15 not at all too early. “ And with this is conjoined an equally strong feeling that at the old Univer- “ sities they will learn little that will do them any good in their after-occupa- “ tions, and are pretty sure to pick up very unbusiness-like habits, tastes, and “ views of life. “ All the several points that I have supposed to be urged appear to me “ reasonable in their degree. “ Only, first of all, it is quite clear that the two last-stated exclude each “ other. If the number of probable new comers is small, the danger ol vul- “ garising the old Universities cannot be great : if the danger is real, the “ extension Avill not be imaginary. Perhaps we may find reason to hope that “ between these two ways there is a third. The increase in numbers may be “ large enough to justify some change, while it Avill not be so large or imme- “ diate as to make that change excessive. “ Though there certainly is a good deal of reluctance to allow much time “ for education before business, yet it seems to be true that the opposite feeling gains ground. If fathers are on one side, mothers are on the other. It is not “ uncommon for a merchant to send his son abroad after leaving school, lor “ a year’s experience of the Avorld. The apprenticeship both lor solicitors and ‘‘ merchants, it is said, might be abridged with advantage. Indefinite fears ol “ extravagant and dissipated courses, the notion of unfit habits and ideas and “ useless studies and tastes, would undoubtedly operate long enough to make “ the change extremely gradual. But if those fears are, as I believe them to “ be, exaggerated, and that notion only half true, experience would surely, “ however gradually, lessen the former and modify the latter. The sphere “ which already includes the London banker, would presently be extended “ over other commercial classes. More and more young men, sons of the more affluent parents, destined for business, Avould be brought under the inllu- “ ences of the ancient national education. There would, perhaps, be a pressure “ for earlier admission than is noAV usual. Yet the data of University or King’s “ College, London, must not be overstrained. They prove, perhaps, that clas- “ sical and mathematical instruction, even Avhen modified for modern views, “ is not a sufficient attraction. But Oxford and Cambridge have others. “ On the whole, I venture to conclude that there are a great many young men who ought to come to the old Universities, and Avho would come. - “ What keeps them away is, I believe, rather the want of confidence than “ the actual amount of expense. Single Colleges, I am told, in which con- “ fidence is felt, are applied to by numbers Avho, if refused admission there, do “ not come to the University at all. I wmuld suggest to Her Majesty’s Com- “ missioners the analogy of the public schools. Twenty years ago somewhat ; “ of a similar feeling prevailed respecting them. May not the next twenty I “ years as greatly extend the University system as the last have the public : “ schools? I do not at all say that these, as they now are, are perfect, but i “ they are extensively useful ; and any change, Avhich experience shall prove “ to be needed, will not knock at those doors altogether hopelessly. The vessel “ is in motion, and its course may be guided. And certainly, if I may judge by I “ personal recollections of the conduct of that change, during what may be I “ called its eight first years, under the most vigorous and effective of the recon- “ structing hands, a good deal of unfearing experimentation may and should “ in such cases be hazarded.” We proceed to state the peculiar advantages of the plan now before us, by economy of this plan. I which it is proposed that Students shall be allowed to live in lodgings without connexion with any College or Hall. The chief of these advantages is the '[ obvious saving of expense. I Many persons in their evidence have denied that there are any expenses i “ incident to connexion Avith a College or Hall.” In answer to this Ave need i! II ’ 48 OXFORD UNIVERSITY COMMISSION. Evidence of Professor Wall, p. 147. Evidence of Professor Vaughan, p. 83. only state that for such “ University Students,” there would be no College fees at entrance, none in the course of the Student’s residence, none on taking the Degree. No caution money would be deposited by them ; no furniture be bought; no payments be made to officers or servants; no contributions to the support of the College fabric, to the libraries, or other common expenses. Lodging, board, and attendance Avould be sought Avhere they were cheapest ; and they could be procured by those who chose to be frugal at a lower rate than they can now be procured even in the best conducted Colleges. Moreover, the most economical Student in the most economical College cannot live below a certain standard. He is there exposed to observation, however retiring he may be; and few young men can bear even the silent con- tempt with which the thoughtless amongst the rich often look down upon the poor. And in all probability no skill or vigilance on the part of the Governors of a College could reduce the cost of living so low as it could be reduced by the ingenuity and the interest of a Student resolved to overcome difficulties. This view oi’ the subject is forcibly supported by Professors Wall and Vaughan. “ It is to the admission of Students into the University without connection “ with a College or Hall of any kind that I look for the greatest good to the “ University itself, to the Church, and to the country. “ Such a measure would considerably increase the number of Students (now “ comparatively small in conseq^uence of the limited accommodation ol the “ Colleges), but above all, by allowing them to live as humbly as they pleased, “ and that in private, it would enable a much poorer class of Students to come ‘‘ here. The poor man who now, even il he does aspire to a University education “ for any of his sons, stints himself to give that advantage to one son only, and “ that of course the eldest, whether he be the fittest for it or not, would then “ be able, for the same money, to give the same advantage to all. And “ whereas it often now happens that the one favoured son wastes his fathers “ money and disappoints his hopes, the chances then would be increased that “ some one son at least would repay him for his expense.’ “ Something, of course, might be lost to such Students by want of that close “ and continual intercourse of a man with the habits and opinions of his fellow- “ students which College life favours. But this benefit is not, I think, suf- “ ficiently great or sufficiently certain to create a strong objection to a sptem “ in which it might be impaired. On the other hand, the advantages of such “ an arrangement miglit be considerable, and they would very properly accom- “ pany the recent expansion of our instructional course. Some direct and “ some indirect expenses of College life might thus be avoided. Amongst direct expenses may be numbered tuition fees, library fees, where such exist, “ and other charges, perhaps, which, however reasonable and desirable in many “ cases, yet might not in all be felt as needful. Indirectly, too, the College “ system occasions outlay of money, which a more private method of living “ could avoid. The frugality and prudence of individuals might adopt a lower “ scale of expense and living than it might be desirable to carry out in a College “ system calculated on the average wants of gentlemen. And besides, even “ were it practicable for Students possessed of narrower means than their “ neighbours in College to adapt their dinners, breakfasts, furniture, gratuities, “ hospitalities, See., to their circumstances, yet such a style of living would be “ exceptional, and might give occasion for remark, or for the suspicion that “ remarks would be made, and so far an obstacle would generally be found to “ exist against the application of a rigid economy. A more private system “ of living, on the other hand, might give opportunity to escape from observa- “ tion, or the fear of it. . SoniGthing analogous to this supposed state of things takes place, I conceive, “ in the case of legal and medical students in London. Some even for the “ sake of economy connect themselves with a club, where they can dine, read “newspapers, &c.,'upon very reasonable terms. In doing so they practise “ economy, but such economy as can apply only to their means and habits. “ Others, for the sake of economy, dine in their rooms, or in cheaper taverns. “ Their life is more jn-ivate, and being so, escapes both observation and the con- “ sciousness that their appearance di&rs from that of their neighbours in pro- “ portion to the difference of pecuniary circumstances. Thus, I conceive that “ lodging-houses connected with the University, although not with the Colleges, “ would extend the usefulness of the University system, and I think that such a “ change at this moment ivould be opportune as well as advantageous. ^ REPORT. 49 We learn from the Report of Your Majesty’s Commissioners for the Scottish Universities what such Students can do there. i “ What do you conceive might l)e the annual expense of living to Students “ who attended King’s College (Aberdeen) about 10 years ago, when you were “ a Professor?—! should think it would vary. I have known Students pass “the five months at King’s College as low as lU. or 12/., exclusive of lees ; “ but that was an extreme case. But I should think that the average ol what “ mio-ht be spent by Students in the College, exclusive of fees, might be about “ 20/. for the five months, or betw^een that and 25/. Hie lodging is veiy cheap ‘‘ there.” “ I asked him if he meant that he lived on meal only, prepared in different “ ways ? He said, ‘ Yes.’ I then went to his landlady, and asked whether he “ was so poor as that he could not afford anything better? She said. Not “ ‘ at all ; he has abundance of money.’ I asked, ‘ What is it, then, that he “ ‘does with it?’ ‘He lays it out on books;’ and, says she, ‘ What do you “ ‘ think he paid me at the end of last Session for his whole necessaries? I “ ‘ bought for him everything that he rec|uired for food, and supplied him with “ ‘ fuel, candles, and lodging, and the whole amount was 4/. I7s. for five “ ‘ months.’ Now a young man trained in this w^ay (and he was one of oiii “ best scholars) is capable of going through hardships and difficulties which a “ man trained in a different Avay could not do. “ Are a great proportion ol your Students in a situation ol pecuniary difii- u ?— There are a great number of them that are, in fact, obliged to go “ home and work at farm-labour in order to enable them to come up the next “ Session to College: and I have one gentleman in my eye who, I anti sure, will “he an honour to any profession that he enters upon, who was obliged to do “ so — that is, to hold the plough and to cut the harvest; and I scruple not to “ say that he is one of the best Scholars that ever Avas within the walls of a “ University.” • r j u- Such brave struggles might perhaps be Avitnessed in Oxford too, il the pool were admitted to the University, as of old, without being forced to join any College or Hall. It may not be likely that any considerable number of Students so poor as those to Avhom Ave have just alluded Avill resort to Oxford, as it is not pioposed that the literary qualifications of any Candidates lor admission should be loAvered. Yet as there have been, so there might still be men of genius avIio could adequately prepare themselves for the University, even Avhile pursuing mechanical or menial occupations, and Avho Avould confer honour on it as Aveli as derive honour from it. The training institutions for masters of schools lor the poor are likely to produce pupils of great poAvers, who Avould probably desire a University education, if they considered it within their reach, and would submit to great privations in order to obtain it. The loss ol one such person Avould be a serious loss. An honoured name still remains in the memoiy of Oxford men, Avhich Avas borne by one who came up to the University Avitli a knapsack on his back. The annals of the sister University afford many illus- trations of a similar kind. i r j i But Ave believe that, Avithout the necessity of any great self-denial, young men might be supplied Avith all that is necessary, on very moderate teims, in private lodging-houses. i i • i i An eminent solicitor, in a toAvn of the same size as Oxford, has liiims lec us Avith the following statement of the expenses ol young men, such as be expected to frequent Oxford, not from the loAvest, but from the middle classes of English society : — “ A clerk in an attorney’s office, in a situation “ betAveen an articled clerk Avith w^ealthy parents and a Avritor, pays 16^-. a-Aveek, “ or 41/. 125 . per annum, for board and lodging, not including beer or washing, “ but including candles and fire ; has a bed-room and sitting-room, but bot i “ very small. , “ For other rooms in the same house, larger and more commodious, le “ would pay I 85 . per week, or 46/. I 65 . per annum. “ An accountant in the same office pays 21 /. a-year for his lodging ( le “room and sitting-room) may quit at any time at a AA^eeks notice, 1 11 s m- “ eludes coals and attendance. He reckons the cost of his board at neaily s. “ a-Aveek ; and that all his expenses (exclusive of clothing) are 60/. “ He considers that a young man, determined to live economically, shouk Evidence on the University of Glasgow, p. 21 1. Evidence on the University of Aberdeen, p. 14. ESTIMATE OF THE EXPENSES NECESSARA FOR UNATTACHED STUDENTS. 50 OXFORD UNIVERSITY COMMISSION. “ not spend so much *, and that the following allowance would be suffi- “ cient : — 85 . per week for lodging. 85 . ,, for board. 25. „ for washing, &c. 185. X 52 = £46. 165.” A similar statement has been supplied respecting a son of our informant. “ A pupil of Mr. Brunei was living at Chalvey, near Slough, during the con- “ struction of the Windsor branch of the Great Western Railway. He had “ two very good rooms ; and the owners of the house soon after he went there “ offered to provide his dinners, which they did very plentifully and liberally. “He paid — 5. d. “ Lodging, per week . .80 “ Dinner, per day lOcZ. . .5 10 “ And he considered that his other meals and sundries cost about . . .22 “ Making his whole expenses about , . 16 0 a-week, exclusive of washing.” OBJECTIONS TO THIS PLAN OF UNATTACHED STUDENTS. Evidence of — Archbishop Whately, p. 26. Mr. H. Cox, p. 04, If Ave add 2s. for washing, the weekly sum is precisely the same as the last given. And, as the academical year need not consist of more than 26 weeks, the yearly board, lodging, and u^ashing of a Student (at this rate) would be only 241. Adopting a somewhat higher estimate than this, and supposing that about 60/. were paid, as at present, for instruction, we see no reason Avhy the Degree sliould not be taken for 200/., even if the Student resided for 84 weeks during tlie four years, as he is noAV required to reside by his College, and did not avail liimself of the rule of the University itself, Avhich makes less than 60 weeks sufficient. This estimate includes all that Avould be necessary for his support, except board during the vacations, Avith clothes and pocket money for the Avhole year. In cases Avhere the mind of the Student Avas vigorous and persevering, or Avhere he did not aim at high distinctions, the lectures of Professors might often be sufficient for his purpose, and the outlay for instruction might be consider- ably diminished. The objection made both to this and to the preceding plan arises from an apprehension that such Students must be liable to great temptations, and the discipline of the University much impaired, if not altogether destroyed, by their presence. The observations of Archbishop Whately, Mr. llayAvard Cox, and Mr. Temple, have received our full attention : — “ I Avould not venture to recom- “ mend the system of unrestricted lodging in private houses. That a proper “ discipline should be maintained among the lodgers must depend on the care, “ integrity, and good sense of the lodging-house keepers. And hoAV can we “ expect to find these qualities united in an indefinite number of persons in “ rather humble life, and of Avhose oAvn early education we knoAV nothing ? “ Moreover, the lodgers are ahvays Availed on by the servant girls of the “ house, of Avhose character and conduct the College authorities do not even “ pretend to knoAv anything. I could say more, if needful, on this point, but I “ conceive it must be superfluous.” “ I Avould not sanction the practice of lodging in private houses .... my ex- “ perience leading me to believe that, Avhile the collegiate system is defective “ as regards the moral superintendence even of those Students Avho reside “ Avithin tlie Avails, opportunities amounting to absolute license are afforded “ to those Avho lodge beyond the College Avails, aggravating these defects by “ facilitating indulgence in extravagance and dissipated habits, beyond the “ poAver of the collegiate authorities to remedy or even to check. I speak very “ decidedly on this point, from intimate knoAvledge of the mischief Avhich “ constantly arises from the practice in its present limited form. In the case of “ freshmen, it Avould be absolutely ruinous. I knoAV it to have been so in cases REPORT. 51 Mr. Temple, p. 126.^ « where young men, recently from school, have been placed m lodgings dunng “ the day, though they slept within the precincts ot the College ol which they '^‘^Su^'^r^^lan wouid have a most pernicious effect on the morality of the “ University. The openings to vice are at present the bane ol the system. It » is frightful to think of the large proportion of the Undei^raduates who are “ tainting their minds, not unfrequently lor life, with the effects of an impuie “ vouth. To prevent this altogether w^ould be doubtless impossible, but the “ difference between rendering vice easy or hard of access is immense. I is a “ duty to protect the weak by putting barriers m the way ^ evil. Phis p a « would throw all barriers down. Nor would the poverty ol those who availed “ themselves of it be a protection. Rich men would “ the freedom of lodgings to the discijilme ol College, and it would not lon^ e p “ possible to prevent them from availing themselves of the permission given to Mr. Lake, p. 170. ThSe Itatements are very strong. It will be seen, however, that they do not peculiarly apply in any respect, and in some respects do not apply at all, to '""^''thfLSpLX the plan now under discussioii objections answered. appear to us to over-estimate the dangers ot the proposed, as compared wi i those of the existing system. Many think and speak as ,f the comparison were between perfect discipline on the one hand, and utter licentiousness on t le On this point the evidence of Mr. Wall is of great weight. “ It will he said, “of eoursi that the admission of a number of unattached members vvoud college walls. “ destroy the discipline and corrupt the morals of le P'®®™ amono- Evidence, p. 147-14S. “ . I wish I could say that immorality liad yet to be intioduced am n^ “our Students. I believe that there would be much less cause to ^ar t le “ Students who would come here on the scheme proposed tlian to tear loi “them; because I think it highly improbable that those Students would te “ any but iioor men who had to make their way up in the woild , oi at east, “ men who came to work. The rich, or those who came for pleasure or laslnoi “ would still as now go to the Colleges. And, il the new Students were ot ti “ working class, they would act as a stimulus to others, not to say m the way “ of example, but in the more forcible way of bearing off University honours “ College Fellowships, &c I must on the other hand obseive tl^ “ there are disadvantages and temptations attending a '-esidence n College “ which would not belong to a residence in private lodgings. A hie n Colle e “ is certainly not necessarily a moral or a studious one. le veiy c o = “ of numbers— the facilities of stepping from rooin to room and 1 “ pleasure parties-have their evils. One or two bad men may, and olteii (to “ Lrk immense mischief in a College. Many a youth who (lomes up wel “ disposed is ruined by bad society in his College-society "^hich^he^was n^ t “ likely to have known had he been in private lodgings. a. • sneaks very strongly on this point “ The habits and manners, which gave the “ conventual system its good effects, being changed, we “ resides in its mere forms. If little or nothing ot moral influence is obtained “ by intramural residence, neither is the College gate any me<^humcal s^uiity “ against dissolute habits. The three great temptations ol the Pl^c® “ to be fornication, wine, and cards and betting. Without f “ turpitude of the first-named vice, yet every one -T “of moral and intellectual prostration traceable t° here- must wish “ every protection against temptation should be afforded to t'm w eak “ unstLk. It may be left to any one to estimate what amount of such ^o “ tection is given by the necessity of being within doors by midnight. 1 houoli “ heTagartfte cTeparture whicl moderri habits have rendered u™y ^ “ the rule which is still on the Statute book, will exemplily what has been sa “ of the actual obsoleteness of the domestic system. of When speaking of the scandal brought upon the UniveTsity debt which have appeared before the Courts and the public, we i | opinion that the young men who flagrantly transgress le ^oun A.^oal rectitude in this respect are but a small minority, and that many are even fi u al and self-denying. This applies, in a great degree, to the Students. Sprung from the most virtuous classes ol society, and often comi o y y uiitii.iTY or miNdWi 52 OXFORD UNIVERSITY COMMISSION. POOR STUDENTS LESS LIKELY THAN OTHERS TO FALL INTO EXTRA- VAGANT AND VICIOUS HABITS. PROPOSALS FOR THE EFFICIENT CONTROL OF SUCH STUDENTS. 1. BY REGULATION OF LODGING HOUSES. Evidence, p. 83 . 2. SPECIAL SUPERIN- TENDANCE. from clerical homes, they are, to a considerable extent, under the influence of the principles in which they have been reared. Many may be deterred from vicious practices mainly by fear of detection and its consequences; yet we are convinced that, even if all restraints were removed, a large proportion of the Students would live virtuously. But this is not the real question here at issue. The question is, not wUether there is more or less immorality at Oxford, but Avhether residence within College walls is the means by which the morality of the place, be its tone high or low, is kept in its present condition. If, as is the opinion of those ■wliose Avords Ave have just quoted, great and general immorality prevails in despite of College discipline, it Avill hardly be supposed that danger is to be apprehended from the class of Students Avhich Ave propose to admit. If, as Ave believe, the majority of young men at present live honestly and soberly, though they have abundant opportunity and time for the practice of vice, the University need not be afraid to try the experiment of admitting young men, Avho, though they Avould in some respects have more liberty, Avould have much less means at their command for indulging in vicious practices. Whatever degree of licence noAV prevails, Ave think that the really poor Scholars Avould not be in much danger. They Avould not have credit at com- mand ; they Avould be exposed to fewer temptations, and Avould be less likely to give Avay to them. We have already had occasion to observe hoAv greatly the extravagance and vice of the Students depend on their idleness and means of indulgence. There is every reason to hope, on the other hand, that poverty, and the guarantee implied in poverty that such Students Avould come to the University only for the sake of study, Avould act as a direct hindrance to vice, and as an inducement to good conduct. It must be added, that objectors to this plan assume that Students of this class are to be subject to no control at all. This is a misapprehension of the plan Avhicli Ave propose. We think that a system of University regulations should be established to meet their case. In the first place, it is material to observe that the proposed permission to live in private liouses Avould not be granted Avitliout restriction. With regard to the Avealthier Students, Avho Avere not Members of Colleges or Halls, Ave have already indicated that the superin- tendence under Avhich Ave propose that they sliould live Avould be not less, but more, effective than that Avhich is provided usider tlie present system. Such young men Avould be boarded in the houses of Professors, or live Avith Private Tutors Avho Avould be responsible for their behaviour. With regard to tlie poorer Students, Avith Avhom Ave are here more immediately concerned, Ave pro- pose that the University sliould provide securities for their good conduct. Per- mission to live independently in lodgings Avould only be granted on special application to the Vice-Chancellor. Lodging-houses Avould be licensed by his authority, under strict regulations. Any violation of these Avould lead to an immediate AvithdraAval of the license. ‘‘ The discipline of the Colleges,” says Professor Vaughan, “is mainly preserved through the reports of the porter and “ College servants, and the same system might be carried out in its most “ important features Avith respect to lodging-houses. They should be periodi- “ cally licensed by the University, Avhich should receive also from them con- “ stant reports of the habits of their inmates. Discommunion and discon- “ tinuance of the license should Ibllow any neglect of this duty, or any kind of “ collusion Avith disorderly students, an evil not much to be apprehended in a “ toAvn, the lodgings in Avhich Avould be filled Avith University men, and must “ depend upon University patronage. In this Avay the habits of Students might “ be ascertained as accurately as those of Collegians are iioav ; and rebuke or “ punishment be administered as regularly.” But, secondly, these Students should be kept, as Ave indicated “ under due “ superintendence.” Besides the control exercised over the lodging-house keepers by tlie University, it must be remembered that sucli Students wmuld be as much amenable to University Discipline as any others in the place ; and that in this respect their situation Avould be very different from that of Medical and LaAV Students in London. The temptations in the streets of Oxford are at least less common than in cities Avhere no such discipline exists, and at all events these Students need not be exposed to such temptations more than the Members ot Colleges. The Pro-Proctors might, as is the case from time to time at present, be increased in number. But besides these means of control, we re- REPORT. 53 commend that sucli lodging-houses should be placed under the special superin- tendence of University officers to be constituted futors or Guardians of the University Students. Their stipend might be made up by a small annual pay- ment from each of their wards, or, if the University should have the means, supplied by the University itself. Their duty would be, so far as the case permitted, to acquaint themselves with the character and circumstances of t ese Students, and to take all means in their power for exercising over them a due moral and religious superintendence. The University would easily arrange a system according to which such superintendence could he beneficially exercised , and it would not be difficult to find Fellows ol Colleges who would take a lively interest in such an occupation, n i ^ 4- But we need not confine our proofs of the safety of this plan to antecedent probabilities. It has been extensively tried in other parts ol Your Majesty s dominions, and tried without the securities which we propose. Many J heo- logical Students reside in Edinburgh, many in Glasgow, many m Dublin, without such safeguards. At Cambridge some of those young men \vhose habits are most laborious and whose conduct is most exemplary, prefer lodgings to rooms in College, because they can there read with less interruption ; and a large proportion of the Students are compelled to live m the town whether they like it or not. For the general results of this experience, we may fairly appeal to the lives of the clergy educated at Cambridge or Dublin, or at the Scottish Universities. . , We have stated that many of those who have laid evidence before us look with suspicion on this mode of University extension, but we believe that on a fuller examination of the subject, alarm will disapjiear. Pei laps e lues calculation would be, that this class of Students, quiet m their habits, inex- pensive, and dispersed through the city, would produce no sudden or violent change, and that an efficient extension of the University would gradually take place Avithout attracting the notice which usually attends great alterations. We find a confirmation of our opinions and our hopes m the fact that Mi . Jowett, whose position and character in Oxford give gi-eat weight to his views, after having strongly advocated the foundation ol affiliated Halls, has subse- quently expressed a desire that the following passage should be inserted m his evidence It may be fairly said • that the permission to live “ in lodo'ings does not necessarily involve the introduction of the compai atively “ lax discipline of a foreign University. Objections on this score might pro- “ bably be met by a system of University regulations; and it must he allowed “ that the plan of lodging in the town is free from the difficulties which “ beset almost any scheme for poor Halls ; first, the evil, or probable evil, of “ making a distinct caste of the class of men who are educated at Halls, as “ compared with those educated at Colleges ; secondly, the difficulty ol em- “ ploying the College property for a purpose to which the Colleges themselves “ are either opposed or lukewarm, and which nevertherless they would be “ naturally engaged in carrying out.” i i Such, then, are the plans for increasing the number of regular^ incorporated Students in Oxford which Ave have had under consideration^ Other schemes have been put forth for the admission of persons to Oxford Degrees; but they differ greatly from those Avhich Ave have discussed above, inasmuch as they propose that Degrees should be attainable Avithout previous residence m the University. , . . . -1^4.4.^,. The Right Honourable Sidney Herbert proposed some time since, m a lettei to the late Dean of Salisbury, privately printed but extensively circulated, that Theological Schools should be founded in Cathedrals and affiliated to the Um- versities. Sir Thomas Phillips and Mr. Baylee desire that Lampeter and tne Theoloo-ical College at Birkenhead respectively should be thus connected AVith Oxford” A plan of a similar character has been prominently put fonyard in a letter addressed to the Vice-Chancellor of Oxford by Mr. Sewell, Fellow and Senior Tutor of Exeter College, not, indeed, in answer to, but avowedly m con- sequence of the inquiries set on foot by Your Majesty’s Commissioners, ihis last scheme further suggests that the University should supply funds lor esta- blishing Professors in Birmingham and Manchester, the attendance on Avhose Lectures should be required as preliminary to a Degree. None of these plans, strictly speaking, fall Avithin the scope 01 our inquiry. They are proposals not for the extension of the University of Oxford, but lor Evidence, p. 3? SUGGESTIONS FOR GRANTING DEGREES WITHOUT RESIDENCE THE UNIVERSITY. Suggestions on University Exten- sion, by the Rev. W. Sewell. Oxford, 1850. I 54 OXFORD UNIVERSITY COMMISSION. OBJECTIONS TO SUCH SCHEMES. ATTENDANCE OF STRANGERS ON PROFES- SORIAL LECTURES. Evideiii'e of — Prof. Browne, p. 6. Prof. Walker, p. 22. Mr. Jowett, p. 33. Mr. Wilkinson, p. 76, Mr. H. Cox, p. 95. EXCLUSION BY RELI- GIOUS TESTS. Evidence of — Mr. Jowett, p. 34. Prof. Wall, p. 147. Mr. Congreve, p. 152. Mr. Clough, p. 213. Mr. Fouikes, p. 225. Suggestions by the Rev. W. Sewell, p. 4. UNIVERSITY SUBSCRIP- TIONS. conferring certain benefits on other institutions or otlier towns. Still, as they have been brought before our notice, and have excited some interest, we have felt it our duty to give them our full consideration. We have arrived at the conviction that they do not meet the exigencies of the case. They cannot be said to extend the benefits of University education. The Examination and the Degree, valuable as tliey are in furnishing a stimulus and a termination to the academical career, do not form a part of the education itself. But in the scheme last mentioned, even this link between the new class of Oxford Graduates and Oxford disappears ; inasmuch as the Examinations are to be passed elsewhere. What is needed is to make the University a great seat of learning ; to bring together the ablest Instructors and the ablest Students ; to enable many Avho could not otherwise become Members of the University to avail themseives of the advantages attached to its training and society ; to cause the rewards and stimulants ol'its endowments to bear on the largest possible number of minds, — not to multiply places in which Teachers inferior in learning and capacity, or inferior from the necessity of attempting too many subjects, would train inferior Students. What is needed is to place the best education within the reach of aU qualified to receive it ; not to offer some solace to those Avho are excluded. If the means of the University were unbounded, its superfluities miglit possibly be employed on the general purposes of education throughout the country ; but such a scheme should not be entertained till it has been shown that there is no demand for men and for money in the University itself. We shall be able to show that such a demand undoubtedly exists, and that the want implied by it is deeply felt. We see no reason why the University should go out of its way to confer its Degrees on the members of institutions, in which such distinctions can never bear the same meaning as when they are attained by those who are really Members of the University. A Degree can be obtained, if deemed necessary, at small cost in several places ; but a Degree conferred by the University of Oxford ought to be the reward of a course of study pursued in Oxford, and the certificate that the Student has undergone the training which cannot be secured without residence. We invited attention to “ the possibility of admitting persons to Profes- “ sorial Lectures, and authorising the Professors to grant certificates of attend- ance without requiring any further connexion with the University.” It is sufficient here to refer to the Evidence as showing that this practice already exists. At present such Students are not numerous, and they are chiefly persons resident in the city of Oxford. Some few have requested and obtained certificates of attendance. Many more might be attracted by eminent Professors, as Englishmen now go to study chemistry at Giessen under Liebig ; or as Niebuhr and many other distinguished men went to study in the lecture rooms of Edinburgh. If the number of such strangers should increase, and any inconvenience ensue, the University could take measures to correct the evil. There is one large class of the community which is excluded, though not by poverty, Irom the University ; namely, those who are unwilling to subscribe the XXXIX Articles of the Church of England. The question respecting the admission of Dissenters to the University is one which we are instructed not to entertain. W e will merely call attention to the fact, that several Members of the University have recorded in their evidence a strong opinion that the present policy in this matter should be abandoned. In the “ Suggestions” already referred to, a scheme has been promulgated, not indeed for admitting Dissenters to residence, but for conferring Degrees upon them at a distance. The author is willing, as it would seem, to grant to them the honours of the University, provided they be carefully excluded from personal contact with its Members. The particular mode by which the exclusion of Dissenters is at present effected, as distinguished from the general expediency of exclusion, appears to fall strictly within our province while considering the morality and the disci- pline of the University. A change in the mode of exclusion has 1‘rom time to time been advocated even by persons who are not prepared to remove the exclusion itself. The Subscriptions now in force were imposed upon the University by its REPORT. 55 Chancellor Lord Leicester, and King James I. ; that to the XXX IX Articles by Leicester in order to exclude the Roman Catholic or Romanising party ; that to the Three Articles contained in the Thirty-sixth Canon by King James L, in order to exclude the Puritan party. There are several anomalies in the present practice. i . • First, the Subscriptions required on such occasions vary from each other m some important points. . - ^ The Subscription enjoined at Matriculation is merely a signatuie ol the name in a book, to which the XXXIX Articles are prefixed. At the Degree of B A. and of M.A., and at most of the superior Degrees, when the Sub- scription is repeated, a declaration is made that the subscriber has read the Articles, or has heard them read, in the presence ol the person who presents him. The candidate for a Degree is also required to subscribe the Ihree Articles of the Thirty -sixth Canon, which are read aloud before him at the time of his presentation. It will be obseryed that these Three Articles are those which the Clergy subscribe at their Ordination ; and that the obl^ation coiitamed in the second, “ to use the forms prescribed in the Book of Common Prayer “ and administration of the Sacraments, and none other,” can, strictly speaking, be applicable only to Clergymen. The Subscription in question is, nevertheless required by the University of lay Graduates. The injunction of Chancel oi Hatton in 1589 is not open to this objection. He required Subscription to this form of words : “Ido confess that the Book of Common Prayer contams in it “ nothing contrary to the word of God ; and that tlie form in the said book “ prescribed for public prayer and administration of the Sacraments may iawlully 1d 0 us0(i Secondly, the Matriculation Subscription is not explained by any words in the Statute, and seems to be open to several interpretations. S^h inteiqn-e- tations are usually given, though without authority, by the different Vice- Chancellors or Pro-Vice-Chancellors at the time ol Subscription, and they are said to vary greatly. Sometimes the person matriculated is told that he “ thereby expresses his assent to the XXXIX Articles, so lar as e “ knows them sometimes, that “ he probably has not read them, but tha le » has no objection to them;” sometimes, that “ he thereby declares himsell “ to be a member of the Church of England.” Sometimes, however, no ob- servation is made. We do not know whether the distinction, which we have noticed, between the practice of reading before Graduation and not reading heiore Matriculation, is accidental, or intended to leave scope for such a variety ol Wirdly, it may be observed, that the Subscription is found practically neither to exclude all who are not members of the Church of England, nor to include all who are. . . „ i . On the one hand, it is no obstacle to the admission of some persons who aie known to be members of other communions, such as the Evangelical Church ol Prussia, the Evangelical Society of Geneva, the Wesleyan body, and the Esta- blished Church of Scotland. On the other hand, there are persons who, though members of the Church of England, are unwilling to declare that they adopt all that is contained in the Articles, and therefore feel themselves excluded Iroin taking the higher Degrees. It, certainly, is singular that a lay Corporation should require from laymen, simply as a condition of Membership, that which t e Church of England does not require for participation m its most sacred Ordi- ^^^The practice has at times appeared unsatisfactory to the rulers of the Uni- versity. In 1834, a measure was brought forward by the Hebdomadal Board, but rejected by Convocation, to substitute for this Subscription a Declaration that the person admitted was a member of the Church of England. Such a Dec aia- tion would, as appears from what has been stated, exclude many mem ^ the University whom the present Subscription admits, and this swelled the majority that rejected it ; though, doubtless, that majority consistc c iie y o persons who were adverse to any relaxation of the terms of admission. At Cambridge, as is well known, no Subscription is required atMatricu a ion. It is probably familiarity alone that reconciles us to a system which exacts irom youths at their first entrance into the University a formal assent o a ai^e number of Theological propositions, which they cannot have studied, and which in many Colleges they are not encouraged to study till a considerable period AEBITRARY NATURE OF THE PRESENT REGULA- TIONS. Wood’s Annals, anno 1589, vol. ii. p. 238. UNCERTAINTY AS TO THE MEANING OF SUB- SCRIPTION BY UNDER- GRADUATES. UNCERTAINTY IN THE OPERATION OF THE PRESENT SYSTEM. EVILS ARISING FROM THE PRESENT SYSTEM OF SUBSCRIPTION. 56 OXFORD UNIVERSITY COMMISSION. after they have suhscribed them. This Subscription is required by the Statutes from . children of the age of twelve ; a requirement now happily in abeyance, owing to the more advanced age at which Students come to the University, but which was actually in force as late as the middle of the last century, and which must be put in force again if a hoy of that age were to present himself for ma- triculation. We do not offer any suggestion as to the manner in which the evil should be remedied; but we must express our conviction that the imposition of Subscrip- tion, in the manner in which it is no^v imposed in the University of Oxford, habituates the mind to give a careless assent to truths which it has never con- sidered, and naturally leads to sophistry in the interpretation of solemn obli- gations. III. STUDIES. PEELIMINAEY ACCOUNT OF THE COURSE OF STUDY PRESCRIBED IN THE LAUDIAN STATUTES. Stat. Univ. Tit. iv. Sec. 2, 3,4, 5, e, 12 . Stat. Univ. Tit. viii § 1 - We now proceed to give an account of the Studies of the University. Under this head it wdll be our grateful task to record many and great improve- ments effected by the University during the last half century. The University has done much, and pledged itself, by what it has done, to do more. But here we must distinguish bet-ween the Studies prescribed and the means provided for giving Instruction in those Studies. As to the Studies themselves, the sugges- tions which we shall have to offer will be chiefly in furtherance of principles already recognised. But, as regards the means of Instruction, the University labours under great difficulties ; and we fear that, without external assistance in the removal of these difficulties, it wall never be able to supply such Instruction as will give effect to the regulations recently made for extending and improving the course of Study. We shall point out how, in our opinion, this assistance can be most advantageously given. Our description of the present Studies and Examinations of the University must be prefaced by a brief account of the ancient system. The only system which is legal, if the Laudian Statutes be unalterable except by Royal licence, is that whicli is j^rescrihed in them. In any case, it is indis- pensable for those wdio Avould comprehend the recent legislation of the Uni- versity to have some knowledge of the old enactments on Avhich the modern regulations as to Studies have been based. The Laudian system is composed in part of the remains of one much older, in part of provisions introduced in later times, and of some important enactments originated by Archbishop Laud himself. The course of Study prescribed in the Laudian Code, is more comprehensive than any which the University has since attempted to enforce on Students generally, as a condition for obtaining their Degrees. But it must be remem- bered that the length of time required for an Oxford education Avas con- siderably greater in 1636 than it is in ouroAvnday ; and it is moreover doubtful Avhether the extent of acquirement then expected Avas ever really attained. The Student in the first year Avas to attend Lectures on Grammar. The Lecturer AA'as to expound its rules from Priscian, Linacre, or some other approved Avriter, or to exjdain critically some passage of a Greek or Roman author. The Student Avas also to attend Lectures on Rhetoric, Ibunded on the Avorks of Aristotle, Cicero, Flermogenes, or Quintilian. The Ethics, Politics, and Economics of Aristotle, and Logic, Avere to be the subjects of the second year. Logic, Moral Philosophy, Geometry, and the Greek language, under the Pro- fessor of Greek, of the tliird and fourth. The Degree of Bachelor of Arts Avhich then, as noAV, could he taken at the end of the fourth year, Avas only a stage in the academical course, not as noAv its termination. Three more years Avere to be devoted to the study of Geometry, Astronomy, Metaphysics, Natural Philosophy, Ancient History, Greek, and HebreAV, in order to attain the Degree of Master of Arts. Here tlie general education of the University ended. Those, hoAvever, Avho received their professional educa- tion at the University, remained tliere several additional years studying in the Faculties of Theology, LaAv, or Medicine. The necessity of taking Degrees in one of these Faculties Avas imposed on many FelloAvs by the Statutes of their Colleges. All resident Masters of a certain standing, Avhether obliged to become Doctors or not, Avere required by the Statutes of the University to enter upon one of the “ lines,” as they Avere called, and to pursue it until they had arrived REPORT. 57 at a sufficient standing to take the higher Degree. The Theological course lasted eleven, the Legal and Medical course seven years from the Masters Deo-ree ; but in Law a student might shorten his course ol study, b> enteiing on “the Faculty of Law at the expiration of his second year m Ajts. 1 he leno-th of residence contemplated is less surprising, il we consider the early ao-e at which Students then entered the University. The matriculation of boys under twelve years of age is provided for m the Statutes ; and inany became Masters of Arts at the period of life when most Students now begin thei Nor will it be thought that the ancient period of Study was too long, when we consider that books were then scarce, and that minute and prolix scholastic systems were to be learnt from oral teaching. In the days ol Laud this long course of Instruction was, perhaps, retained, because no fitter employment could be devised for Fellows and Scholars of Colleges, who still lor the most pait kept residence in obedience to their College Statutes. , For promoting these Studies, the Laudian Code made abundant provisiom For the purpose of instruction it supplied Public leachers, and enforced attendance on their Lectures. For the purposes of training ^^d^hs and as- certaining their proficiency, it endeavoured to give new t« ^fie Disputat o^^^^ a system of Exercises which was once m great repute, and it imposed a Publ Examination in the subjects on which instruction was aftorded. Of the ancient system of Public Lectures, it will be sufficient to say in this place, that the Laudian Statutes require every Undergraduate to attend lour public University Lectures weekly for the first two years and weekly from the close of the second year, till the degree of B.A. , and that similar attendance, though of less amount, is required as a qualification lor every Degree up to the highest. a j • i The system of Disputations, once the most essential part ol an Academical education, has so utterly passed away, that its very phraseology is unintel- ligible. Every Undergraduate was required to “ oppose once, and lesjjond once, in the Disputations in the Parvises, (as they were called,) and once or twice to “ respond ” under a Bachelor. After two yeare residence, and a te responding in the Parvises, he was made a General Sophist ; and alter obtamm that title, he continued to dispute, once a Term at least m ^ he obtained the Bachelor’s Degree. After the Degree of ’ ® impose upon Bachelors of Arts similar exercises under the name ol Disputations, Declamations, and formal Lectures, to qualify them lor the Degree ol M . The decay of this system began before the time ol Laud. Leicester and Bancroft had, during their respective Chancellorships, issued orders for ab observance of the Disputations, which had partly Mien into . Laudian Statutes themselves condemn a practice, which had crept in, ol keep „ the Terms necessary for a Degree, by residing one ^ the Disputations at that time must have been olten neglected. A Statute on the discipline of the Schools suggests the same conclusion. The Proctors Lad once sufficed to keep order at the Exercises; but it had long been the custona ol the University to call in the Masters of the Schools, and. just before the Laudian Statutes were enacted, it was usual to summon to their aid sorne Regents, in order that, “ by their united diligence the unbridled licence ol the “ youno- men, who came oftener to lounge than to dispute, all things mig “done in quiet, and that there should be no fights quarrels, or disturbances “ either between individuals or by the Students in bodies, no waste “ tales, prating, or drinking.” nVoUori hv AvpVi The system of Public Examinations seems to have been established by bishop Laud. Something of the kind, indeed, had been attempted in • By a Statute passed in that year it was ordered that no ^obolar^oul p moted to the Degree of B. A., and no Bachelor of Arts to that ol M.A., unless he could repeat from memory the Articles of Faith and Religion, ^nd support th by texts of Scripture, before the Vice-Chancellor, or the Proctors, or the Regent Masters, in the Convocation House ; and each Candidate was require to pass an Examination, in the same place and before fbe ®ame person^ Deo-ree of B.A. “ in Grammaticalibus et Logicalibus, for that ot M. . “ Moralibus et Naturalibus.” This enactment, however, does not seem to have been long observed. , . , , There had, indeed, long existed an ordeal which bore the name ol Exa- MEANS TAKEN, UNDER THE LAUDIAN CODE, TO PROMOTE STUDY AND ASCERTAIN PRO- FICIENCY 1, LECTURES. 2. DISPUTATIONS. Slat. Univ. Tit. vi. Sec. 1, ^ 1. 3 . THE EXAMINATIONS. Wood’s Annals, anno 1588, vol. ii. p. 235. 58 OXFORD UNIVERSITY COMMISSION. Stat. Univ. Tit. ix. sec. .5, § 1. PUBLIC EXAMINATION OF 1C36 : FOR DEGREE OF B.A. Stat. Univ. Tit. ix Sec. 2, § I. FOR DEGREE OF M.A. Stat. Univ. Tit. ix. [ Sec.2, §1. EXAMINERS. Stat. Univ. Tit. ix. Sec. 2, § 2, COURSE OF STUDY EN- JOINED. Stat. Univ., Tit. ix. Sec. 2, § 1. i Tit. iv. Sec. 1, § 9. Tit. vi. Sec. 2, § 9. Tit. ix. Sec. 2, § I. Wood’s Annals, anno 1638, vol. ii. p. 417. Laud’s Chancellor- ship, edited by Wharton, p. 173. Ibid, p, 187. Wood, Hist, et Antiqq. Univ. Oxon. p. 346. Laud’s Chancellor- ship, p. 21 1. FAILURE OP THE LAU- DIAN SYSTEM. Letter of the Heads of Houses, Appendix A, p 4. mination. Allusion is made to this “ Consuetum Examen ” in the Statutes of King Edward VI. It appears to have degenerated into a mere form long before the time of Laud, and continued to he so, though it was expressly retained in his Statutes. The Public Examination instituted in 1636 was as follows. For the Degree of Bachelor of Arts it consisted of an inquiry into the Student’s proficiency in those Arts and Sciences in M'hich he had been bound previously to hear Lectures, namely, Grammar, Rhetoric, Logic, Moral Philosophy, Geometry, and Greek. To these ancient subjects, Philology was to be added; and particular stress was laid on the familiar use of the Latin tongue. There was no provision for ascer- taining whether Candidates for the two first Degrees were acquainted with the Rudiments ol Religion. Divinity was reserved for those who professedly en- tered themselves in the Theological Faculty. For a Master’s Degree there was also an Examination like that for the Bachelor’s Degree, but extending to the Arts and Sciences, in which the candi- date was bound to hear Lectures in the interval between the two Degrees, namely, Astronomy, Geometry, Metaphysics, History, Greek, Hebrew, Natural Philosophy. At this point the Examinations ceased. The candidates for the higher Degrees w'ere required only to attend certain lectures, to perform certain exercises, and to read a certain number of lectures. The Examinations Avere to be conducted by all the Regent Masters, of whom three together, beginning with the juniors, were to he appointed for three suc- cessive days. The Senior Proctor Avas the officer charged to enforce this duty ; and hence seems to have originated the appointment of the present Public Examiners by the Proctors. As regards the subjects of tliese Examinations no great improvement was made on the preceding state of things. They are much the same as those specified in the Statutes of King EdAvard VI. The Laudian Statutes require indeed the addition of Philology to “ the narroAv learning of a former age.” But thenarroAv learning AA^as still retained, and the Students of Oxford were made to study Natural Philosophy, in an age subsequent to that of Copernicus and Bacon, from “ the Physics of Aristotle or his books concerning the Heavens “ and the World, or concerning Meteoric Phenomena, or his Parva Naturalia, “ or the books concerning the Soul, and also those concerning Generation and “ Corruption.” All disputants were bound to defend the ancient Avriters on Grammar “ Avith all their poAver,” and in Rhetoric, Politics, and Moral Phi- losophy, to maintain “ the Avhole doctrine of the Peripatetics.” The authority of Aristotle Avas to be paramount ; and all modern Avriters Avere “ utterly rejected.” Of course in a system of education depending on disputations, in which a moderator Avas to decide absolutely, it Avas necessary that there should be text-books Avhose authority should be admitted as conclusive. Still it cannot be denied that Laud’s attempt was Avhat Wood calls it a “ happy ‘‘ innovation,” a “ great and beneficial ” measure ; nor is the language of Vice- Chancellor F reAven entirely the language of adulation, when in addressing Laud upon the subject he Avrote in 1639 : “ Your Grace hath been most munificent “ toAvards the University ; yet, Avithout flattery be it spoken, this one Statute is “ your greatest benefaction.” Its introduction gave a great impulse to study, and occasioned a degree of apprehension to the idle which it is difficult novv^ to conceive. “ The exercise,” wrote the President of St. John’s College, “ is “ passing solemn, and cannot but beget an extraordinary care in the actors on “ both sides to fit themselves unto this awful trial.” One Student committed suicide the day before he Avas to undergo Examination. Laud himself used all his influence to secure the efficacy of his measure. “ Suffer not,” he Avrote in 1640, “ that exercise Avhich Avill bring so much present honour to the Uni- “ versity, and so much future benefit to the Church, either to fail or to be “ abused by any collusion.” The Laudian system received, in the year 1850, the commendation of the present rulers of the University as “ a system of Study admirably arranged, at “ a time Avhen not only the nature and faculties of the human mind Avere “ exactly Avhat they are still, and must of course remain, but the principles also “ of sound and enlarged culture Avere far from imperfectly understood” We presume that the Hebdomadal Board did not extend its approbation to the enactments quoted above as to the text-books and authorities Avhich AA'ere to be paramount in the Schools : but neither can the other provisions for carrying the REPORT. 59 system into effect be commended as successful. Nominally, indeed, it remained ill force for more than a century and a half; but it bepn to decay within a very few years after its creation. If this failure had been confined to the old Exercises or Disputations which Laud sought to revive, there would be little o-vound for censure; but the Public Teachers, whose duties he laboriously marked out, soon ceased to teach, as we shall have to show hereafter ; the residence of Students gradually became less, and in the Faculties d ceased to be required at all; while the Examination, from which Laud and his Vice-Chancellor anticipated benefits so great and lasting, failed as completely as any part of his regulations. To what a low state d had sunk in the last centmT may be judged from the description given of its condition m 17/0 by Lord Eldon, and from that of the Rev. Vicesimus Knox iii 1780 “Mr. John Scrdt took his Bachelor’s Degree in Hilary Term, on the 20th “ February 1770. ‘ An examination for a Degree at Oxford, he used to say, was “ ‘ a farce in my time. I was examined in Hebrew and ^ H^tory. ^ What “ ‘is the Hebrew for the place of a skull? I replied, Golgotha. Who ‘“founded University College?’ I stated (though, by the way, the pond is “ sometimes doubted) ‘ that King Alfred founded it ‘ Very well, Sir, said the “Examiner, ‘you are competent for your Degree. r “ Every Candidate is obliged to be examined in the whole circle of the “ sciences by three Masters of Arts, of his own choice. The examination is “ to be holden in one of the public schools, and to continue from nine o clock “ till eleven. The Masters take a most solemn oath that they will examine “ properly and impartially. Dreadful as all this appears, there is always found “ to be more of appearance in it than reality, for the greatest dunce usually gets Life of Lord Eldon, by Horace Twiss, vol. i. p. 57. The Works of Dr. Vicesimus Knox, vol. i. pp. 377-380. No. 77, ofE^ays, Moral and Lite- rary. 8vo. London, 1824. his testimonium signed with as much ease and credit as the finest genius. The •• mInner 'oFp'roceeding is as follows : The pool' young man to be examined in “ the sciences often knows no more of them than his bed-maker, and the Masters “ who examine are sometimes equally unacquainted with such mysteries. But “ schemes, as they are called, or little books, containing 40 or 50 questions in “ each science, are handed down from age to age, from one to anothei . 1 lie “ Candidate to be examined employs three or four days in learning these y “ heart, and the Examiners, having done the same before him w hen they were “ examined, know what questions to ask, and so all goes on smooth y. len “ the Candidate has displayed his universal knowledge of the sciences, he is to “ display his skill in Philology. One of the Masters, therefore, desires him to “ construe a passage in some Greek or Latin classic, which he does wit i no “ interruption, just as he pleases, and as ivell as he can. The btatutes nex “ require that he should translate familiar English phrases into Latin. And “ now is the time when the Masters show their wit and jocularity. Droll “ questions are put on any subject, and the puzzled Candidate furnishes diver- “ sion in his awkward embarrassment. I have known the questions on this “ occasion to consist of an inquiry into the pedigree of a race-horse. It mio-ht have been added that at this time the Examiners were chosen by the Candidate himself from among his friends, and he was expected to provide a dinner for them after the Examination was over. , t t i From the first, there were not wanting indications ttiat the Laudian scheme would fail. In the very year in which the Examination w^as put in terce, two Bachelors were deprived of their Degree, and the Regents who examined tnem were called in question by the Vice-Chancellor “ for going dii^ctly against their “ oaths in giving testimony to such ignorant men. In the loll owing yeai ibid. pp. 19.., the Vice-Chancellor, having been absent from Oxford for a fortnight, the Examinations “ were at a dead stand.” It was necessary to take measures to “ prevent collusion between Examinants and Candidates.” Experience enables us to discern some at least of the causes of this failure. There were no substantial benefits to be gained, even by the most briflian success at the Public Examinations. It has been found in our ovvn time that the attempt to encourage the study of Mathematics in Oxford has hither o failed, in a great measure, because Mathematicians, as such, are rarely elected to open Fellowships. The honours, however, awarded to this study in tne Public Examinations, with the Scholarships founded to encouiage it, c o secuie its being pursued by a small number of Students. But there were no honours awarded in the Examination instituted by Archbishop Laud ; and the failure of his scheme was eventually as complete as the attempt lately made to pro- X ^ Laud’s Chaucellor- ship, p. 180. CAUSES OF THE FAILUKE OF LAUD’S EXAMINA- TION. 60 OXFORD UNIVERSITY COMMISSION. STUDIES OF THE UNI- VERSITY, AS REFORMED IN THE PRESENT CENTURY. EXAMINATION STATUTE OF 1800 . Memoirs of Bishop Copleston, p. 65. SUBSEQUENT CHANGES, UP TO THE YEAR 18 . 50 , mote the study of Theology by a mere Examination without honours or advan- tages ; an attempt whicli has resulted in the annual appointment of three Examiners, but which has produced little more than three Candidates in the ten years which have passed since its establishment. Again, while the Laudian scheme offered no inducement to do more than could be achieved by Stu- dents of very inferior ability, even this low standard was not kept up, and the fear of failure soon vanished. Farther, the Examiners held office for tliree days only, and were appointed without regard to tlieir qualifications. They received no payment; they w’^ere under no responsibility to public opinion ; in some cases, perhaps, they knew less than those whom they examined ; and, if they knew more, the difficulty of discriminating between Candidates who were probably more nearly on the same level of ignorance than is the case in our own day, must have made even resolute Examiners shrink from the task of rejection. To render a system of Examinations effectual, it is indispensable that there should be danger of rejection for inferior candidates, honourable distinctions and substantial rewards for the able and diligent, with Examiners of high character, acting under immediate responsibility to public opinion. In the sclieme of Laud all these things were wanting. We proceed to consider the Studies of the University as regulated by the new system, which dates from the commencement of the present century. The Studies of the University were first raised from their abject state by a Statute passed chiefly at the instance of Dr. Eveleigh, Provost of Oriel College, in 1800. Tlie new system of Pulilic Examinations then instituted was based on that of Laud ; and was, like that of Laud, intended to apply to the Degree of Master as well as to that of Bachelor of Arts. The subjects for the first Degree were Grammar, Rhetoric, Logic, Moral Philosophy, and the Elements of Mathematics and Physics ; and especial stress was laid on a knowledge of the Greek and Latin writers. Every Candidate was to be examined in at least three authors of the best age and stamp. For the Master’s Degree, the Bachelor was to be examined in Mathematics and Physics, in Metaphysics, History, and Hebrew. Candidates for the Degree of Bachelor in Civil Law were to be examined in all the subjects prescribed for the Degree of B.A., with the addition of History and Jurisiirudence. Permission was given to examine Candidates either in English or Latin ; translation from English into Latin was required ; and a knowledge of the Elements of Religion and the XXXIX Articles. Two great improvements w^ere effected by this change in the Statutes. First, distinctions were awarded to the ablest Candidates. Twelve of these were to be classed in order of merit ; and in case more than twelve were found worthy of distinction, a second list was to be drawn up on the same principle. The lists were to be made public. Thus the University acknowledged that Degrees were not of themselves adequate honours for Students of merit. The second improvement, which indeed was rendered necessary by the first, and was scarcely less important, was that the Examiners should be paid function- aries, selected by responsible officers, and appointed for a considerable period. In 1807 further and important modifications were made in the system. It was found that the subjects of Examination were far too numerous to be deeply studied, except by the very ablest Candidates ; and therefore Mathematics and Physics were separated from the other subjects, which were comprehended under the name of Literae Humaniores. Honours could be obtained by pro- ficiency in either School. The distinction between the Examination for the first Degree in Law and Degrees in Arts, and also the Examination for the Degree of Master in the latter Faculty, had been silently abrogated; conse- quently Law and Hebrew fell out of the University course. The Literae Humaniores were defined as comprehending the Greek and Latin language, with Logic, Rhetoric, and Moral Philosophy, no mention being made of Meta- physics or History. The principal part of the Examination seems to have been oral, and thus success naturally depended rather on skill and accuracy in con- struing the Classics than on acquaintance with Philosophy or History. At this time Logic was put more prominently forward ; and a knowledge of “ Rudiments of Religion,” which Avas still required from all candidates, received RKPORT. 61 a broader definition, being now made to comprise the Gospels in Greek, and the Evidences, in addition to the XXXIX Articles. The Statute also pre- scribed that there should always be two Classes of Honours, whatever might be the number of distinguished Candidates, and that the names should be arranged in each Class, not according to merit, but in alphabetical order A Third class was virtually added in 1809, when a separation m the Second, by means of a line, was enjoined. n \ c +i. By a Statute passed in 1825, in consequence (as the preamble states) ol the incrise of Students in the University, the distinction between the two Schools of Classics and Mathematics was still further recognised by the appomtnient of seiiarate Examiners for each. The classification ol the honorary distinctions was rendered still more definite by giving the name ol “ Third Class to the lower division of the Second. i • i i, j But the increase in the number of Candidates produced an elfect which had not been foreseen. It became necessary that the Examination should be con- ducted more and more on paper, and therelore knowledge ol Philosophy, together with skill in Composition, increased gradually in importance, and perhaps skill in Construing proportionably declined. In 1830, these changes were carried further in the same direction. A b ourth Class was established ; and the Examinations of Candidates lor an ordinary Degree were separated from those of Candidates for Honours. The Literal “ Humaniores” now included Ancient History, with Political Philosophy, as well as Rhetoric, Poetry, and Moral Philosophy ; and the important permis- sion to illustrate ancient by modern authors was then first introduced. In furtherance of the great purposes of the Examination Statute, it had soon appeared desirable to add an earlier Examination to that for the B.A Degree. In 1808 a Statute was passed, ordering all Students to be examin^— m the course of their second year after Matriculation-in the Elements of Greek and Latin, and of Logic or Geometry. This Examination was substituted lor a scholastic exercise of an entirely different character, called “ Responsions m t le it JPctrviSG This previous Examination continued unaltered down to 1850, when it was slightly modified in the great change which we shall presently describe. Such are the chief alterations introduced by successive Statutes passed m the half century which has just elapsed; changes m themselves and m then- consequences the greatest that have been effected in the University since the revision of the Statutes in the time of Archbishop Laud. Like that revision, they have widely affected not only the University, but the Colleges also. The old Disputations and Exercises enjoined not only m the Laudian Code, but in most of the College Statutes, have been almost entirely superseded by the act of the University. . The Examinations have become the chief instruments not only ior testing the proficiency of the Students, but also for stimulating, and directing the Studies of the place. , . , , c • j a The general effect of this change has been exceedingly beneficial. Industry has been greatly increased. The Instruction in the Colleges has become mdi- rectly subject to the control of the University. The requirements of the Exa- minations for an Ordinary Degree, slight though they be, have yet a great effect on that period of the Academical course which imrnediately precedes them. The idlest and most careless Student is checked m his career M idle- ness by the approach of his Examinations. The severity of the Final Exami- nation may be judged of by comparing the mffnber of those rejected at Oxford with the number of those rejected in other Universities. It appears from a Return made to the House of Commons, that, on an average of the same four years (1845-1848), the number of those who presented themselves for Exami- nation, and of those who passed the Examination, were, respectively— at Dublin, 259 and 242 ; at Cambridge, 370 and 342 ; at Oxford, 387 and 287. The stimulus of the Examination for Honours is found to be very strong The average number of Candidates for Honours in Classics is not less than 90 out of nearly 500 candidates for a Degree. Of these 90, about 10 obtain a t irst Class. This honour, then, is no mean distinction. That it has been honestly and deservedly awarded is proved by the confidence which the Examiners, lor the most part, enjoy, and by the success in after-life of those who have won i . It is not to be denied, however, that some incidental evils have followed the PRESENT STATE OF CLASSICAL STUDIES. EFFECT OF THE EXAMI- NATION; ON ORDINARY STUDENTS. Compare Evidence of the Dean of Llandaff, p. ‘221 . Printed by order of the House, Feb. 5, 1850. (See Ap- pendix K. pp. 69-71.) ON CANDIDATES FOR HONOURS. EVILS INCIDENT TO THE EXAMINATION. 62 OXFORD UNIVERSITY COMMISSION. EEQUIREMENTS FOR A COMMON DEGREE. Evidence of Prof. Walker, p. 291. REQUIREMENTS FOR HONOURS IN LITERiE HUMANIORES. introduction of the new system. The Studies of the University ai'e directed to a single Examination ; and this has tended to discourage the pursuit of the subjects which were not included within the range of that Examination. One effect of this has been that the attendance on the Lectures of Professors, instead of receiving an additional impulse from the revival of study in the University, has diminished, except in those cases where the Lectures are considered likely to aid the Students in gaining Honours. The Examinations themselves have encouraged a good deal of spurious knowledge. On those also who. seek only the Ordinary Degree, the whole effect has been less salutary than might have been hoped. The range of subjects is too narrow to interest the great mass of Students, and the minimum of knowledge required is so scanty as to leave all but the dullest and most ignorant unoccupied for the greater part of their academical course, and therefore exposed to all the temptations of idleness. We have said that the number of Candidates rejected in Examinations for an Ordinary Degree is considerable. But, notwithstanding this, the amount of attainment commonly exhibited in these Examinations is small. An ordinary Candidate has prepared usually four plays of Euripides, four or five books of Herodotus with the History, six Books of Livy also with the History, half of Horace, four Books of Euclid, or (in lieu of Euclid) Aldrich’s Compendium of Logic to tlie end of the Reduction of Syllogisms. He is also ex.pected to translate a passage from English into Latin, and to construe any passage of the four Gospels ; to repeat and illusti-ate from Scripture the XXXIX. Articles ; and to answer questions on the historical facts of the Old and New Testament. The Examiners are satisfied with a very slight exhibition of knowledge as regards many of these subjects. “ If decent Latin writing should be “ insisted on, the number of failures would be more than quadrupled.” The Latin and Greek authors are commonly got up by the aid of translations. The knowledge of Logic insisted on is very meagre. With regard to the Examinations for Honours, the course of classical reading seems to have become more and more limited. Under the Examination Statute of 1801, the circle of subjects included was large and not unworthy of a University. From the year 1807 to 1825 the Students were encouraged to study many works which have now almost entirely disappeared from the University Course, such as Homer, Demosthenes, Cicero, Lucretius, Terence, Plutarch, Longinus, Quintilian. A list of twenty classical authors was not unfrcquent even so late as 1827. At present fourteen, thirteen, or even twelve, are sufficient for the highest honours. The authors now usually studied at Oxford, by the most distinguished Students, arc: (1.) in Philosophy, — Aristotle’s Ethics, with his Rhetoric or Politics, two or three Dialogues of Plato, Butler’s Analogy or his Sermons ; (2.) in Ancient History — Herodotus, Thucydides, the 1st or 2nd Decade of Livy, the Annals or the Histories of Tacitus ; (3.) in Poetry, — /Eschylus, Sophocles, Aristophanes, Virgil, Horace, and Juvenal. Tlie same amount of theological knowledge is required from all alike, whether Candidates for Honours, or for a common Degree. This statement might, however, by itself, lead to an erroneous estimate of the diligence and the acquirements of the higher class of Students. Such a know- ledge of the books required as will satisfy the Examiners implies a consider- able amount of reading ; and the mode in which the Examination is conducted affords sufficient opportunity to display powers of thought and skill in writing. Some of the books above-mentioned are studied with great care, and with the light which has been thrown upon them by modern research. An accurate knowledge, for instance, of the histories of Niebuhr and of Grote is usually to be found in the liigher class of Oxford Students. Still, complete acquaint- ance with a few books is hardly sufficient to compensate for tlje loss of the more free and comprehensive reading of the earlier period ; nor are the results of the later system altogether satisfactory. The mode in which Moral and Metaphysical Philosophy has been taught has not been such as to encourage a ideep and independent study of these subjects. An ultimate acquaintance with the Latin poets, such as accomplished Oxford men at the beginning . Humaniores.” These two Examinations, however, need not take place in the sanm Teim. In every one of these Schools Candidates of superior attainments are to receive Honours. Thev will be distributed, according to their merit, into four Classes. The names aie to be placed, in each Class, in alphabetical order. The Examinations may be passed as early as the thirteenth term, and Honours may be obtained as late as the eighteenth , that L as Srly as the beginning of the fourth, and as late as the middle of the fifth year from ^ (1.) The First School is that of “ Litera? Humaniores,” through which every Student must pass. Subiects for Candidates for Common Degrees i TiiEOLOGY-The Four Gospels, and Acts of the Apostles, in Greek. The contents, historical and doctrinal, of the Books of the Old and New Testament. The XXXIX. Articles, with proofs from Scripture. The Evidences of Religion. „ Classical Litkuatuke— One Ancient Philosophical writer, wholly or in part, e. g. Cicero’s Offices, or six Books of Aristotle’s Ethics. One Ancient Historian, wholly or in part, e. g., five Books ot Eivy. Subiects for Candidates for Honours : — . , «• r Theology— as above. Candidates are also permitted to offir one or moie of the Apostolical Epistles, or some portion of Ecclesiastical History. Logic’. Moral Philosophy and Political Science. Aristotle’s Ethics. Politics. The Republic, or some other portion of the Works of Plato. Butler’s Analogy ; or Butler’s Sermons. Ancient History — Livy, ten Books. Polybius, one Book. Tacitus, Histories or Annals. Herodotus. Thucydides. Xenophon, Hellenics in part. Rhetoric — Aristotle’s Rhetoric, or some of Cicero’s Rhetorical Works. Questions will be proposed in the subject-matter of the Books, and Compositions requSfoGreek, Latin,^and English. The list of Books may be greatly extended if the Candidate shall think fit, or diminished if he shall aim only at a lower honour. (2 ) The Second Mathematics, and Physical Science treated mathematically. ^ For common Degrees Six Books of Euclid, or the hrst part of Algebra. For Honours : — Mixed as well as Pure Mathematics. t The Third School — Natural Science. . ht i. • i ^ For common Degrees An acquaintance with the principles of Chemistpq Mechanical Philosophy, and Physiology, or two of these Sciences, together with some branch of Science dependent on Mechanical Philosophy. For Honours:- An acquaintance with the principles of all the Three branches of Natural Science above mentioned ; together with some branch of I hysics de pendent on any one of these Three. (4.) The Fourth Law and Modern History. , c ^ For common Degrees English History, from the Conquest to the ^ of Henry VIL, together with that part of Blackstone which treats tbe law ot Real Property ; or English History from the death of Henry VII. ^ ^jie accession of the House of Brunswick, together with that part of Blackstone which treats ot the rights of Persons and the law of Personal Property Justinian y “«titute may be substituted for Blackstone. The most approved edition of Blackstone For Honoui?:— Candidates must take up what is required, as above mentioned, for a common Degree. History, from the Birth of Christ to the year / , prudence, and especially the Laws of England ; the Law o a ions , Smith’s Wealth of Nations. K 1 68 OXFORD UNIVERSITY COMMISSION. GOOD EFFECTS OF THE STATUTE OF 1850. The changes effected hy the new Statute meet the suggestions offered in DEFECTS OF THE STATUTE OF 1850. IMPROVEMENTS SUGGESTED. I. PROPOSAL TO ESTA- BLISH A MATRICULATIOiN EXAMINATION. Evidence of Dr. Twiss, p. 156. Compare that of Mr. Congreve, p. 153. Evidence, p. 23. Compare the evi- dence of — Prof. Browne, p. 6. Prof. Daubeny, p. 15. Prof. Walker, p. 22. Mr. Jowett, p. 39. Prof. Ogle, p. 41. Mr. Melville, p. 54. Mr.Bart. Price, p. C5. Mr. Wilkinson, p. 77. Prof. Vaughan, p. 84. many parts of the Evidence laid before us, and obviate many of the defects of tlie system hitlierto in force. The licence to idleness is curtailed, the suljjects of study are increased in number, and a wider range of choice is given. The intermediate Examination provides for a free study of classical literature, for the restoration to their proper place of the great orators and poets of antiq^uity, and for the cultivation of taste. Many principles of the liighest importance are formally recognised, if not fully developed, in the Statute. But we must observe that the recent changes, although anxiously desired by a large proportion of those engaged in the work of Education, were yet, in the first instance, rejected by the Heads of Houses; and, after they had received the approval of that body, met with great opposition in Convocation, partly, no doubt, from the aversion of a large number of its Members to any changes ; but partly from the necessity of removing defects in the measure, which com- pelled many of its supporters to vote in the negative, inasmuch as they had no power to move amendments. It cannot then be a matter of surprise that a measure thus carried should contain imperfections and anomalies. And, although reluctant to criticise a scheme of which we appreciate the value, we feel it to be our duty to indicate some points in ’which the University, proceeding in the course on Avhich it lias so auspiciously entered, might, in our opinion, make further improvement. I. It appears to us, that it would be very beneficial to establish a uniform Examination for all young men before they are admitted as Members of the University. Tlie recent Statute has made an approach towards this great improvement, though it has shrunk from carrying it out. The Responsions, or First Univer- sity Examination, which formerly. was to be passed between the sixth and the ninth terms of standing (inclusively), must now be passed between the third and seventh. The advantage of an Examination before Matriculation may be at once inferred from the fact that the best Colleges have already adopted it for them- selves. These Colleges require some facility in Latin writing, and a fair acquaintance Avith the grammatical principles of Greek and Latin. To this is now generally added Arithmetic and a portion of the Elements of Euclid. Several Colleges also require some knowledge of the Elements of Religion. This ordeal, hoAvever, varies greatly in the different Colleges in which it is applied, and perhaps in the same College at different times. It is well known that a youth who is rejected at one of the better Colleges can gain admission elsewhere, the scale of requirement descending in proportion to the character of the College. From Gentleman-Commoners and Noblemen, and from Members of Halls, such an Examination is usually not required at all. The introduction of this test has proved a great benefit to the Colleges in which it has been systematically applied ; but the extreme facility, Avith Avhich young men are admitted in many Societies, prevents the University at large from reaping the benefits Avhich noAv accrue to particular Colleges. One or tAvo gentlemen, in their evidence, oppose any such Examination, on the ground that Students come to the University as learners, and therefore “ ignorance rather than knoAvledge must be presumed on the part of those Avho “ come to be taught.” No doubt Students come as learners, but not as learners of everything ; and it is precisely to secure learners capable of receiving the instruction proper to their age, that an Examination at Matriculation is required. The advantages of such an Examination, especially Avhen considered in con- nexion Avith the extended studies of the University, are set fortli by a great number of those Avho have laid evidence before us. The arguments of Arclibishop Whately appear to us very cogent. “ As “ far as regards University Reform,” says the Archlhshop, “ I have long been “ convinced that the very first step should be a University Examination, pre- “ liminary to Matriculation. “ If everything else be put on the best possible footing, and that one point be “ omitted, you Avill have a plan Avhich Avill look Avell on jiaper, but Avill never “ Avork satisfactorily. “ If, on the other hand, this one reform Avere introduced and no other at I midi REPORT. 69 “ present, it would be easy atterwards to introduce indefinite improvements : “ indeed, some would even grow up from it spontaneously. sir c. Lyeii, p. 121 . “ A Head of a House may accept or refuse an application for admission into his “ House. This is quite lair. But if a man is to be a Member of the University, Mr. Litton, p. 177. “ the University ought also to have a voice as to his fitness for admission. MriS^PriS^igi “ I have been told that a man is examined by the College-Tutors prior to Mr. Henney, p. 21 l “admission. Sometimes he is, and sometimes not; and when he is, how can “ the University know or judge of the sufiiciency ol the Examination ? “ The fact is notorious, that men do obtain admission (at one College, if “ refused l)y another), wlio are quite unprepared to profit by what ought to “ be an Academical Education “ Fresh and fresh Examinations have been introduced lor various periods “ of the Academical Course ; but all must in a great measure fail without the “ preliminary one. It would be no substitute, were you even to have a Public “ Examination for the very first Term. The only way is to subject a man to “ Examination prior to his entrance. “ The evils of this want are: — 1st. That either the general character ol the “ College Lectures is lowered by being made such as would suit schoolboys ol “ fourteen or fifteen ; or else a large portion of the Students cannot jjrofit by “ them, from being too backward. And both these evils exist more or less in “ most Colleges. 2nd. The character ol the University Examinations is “ lowered. For you can never find Examiners who will publicly reject above “ one-half or one-tliird of the Candidates, which they would be lorced to do it “ they required such a proficiency as ought to be expected ol any one who had “ studied three years at a real University. Therelore they lower their standard “ to meet the case of those who have entered unprepared. “ The introduction of a preliminary Examination would be an inestimable “ stimulus to Schools. They would then become more what a School ought to “ be, and the University would, instead of being a School (and a very poor one), “ become a real University. Schoolmasters are tempted now to bestow most “ of their care on a few bright lads, who are likely to gain distinction. And “ there is no salutary dread of the disgrace ol having one of their Pupils “ refused admission at the University. But il there were this danger, they “ would feel ashamed to send forth a lad of seventeen or eighteen, who could “ not give some account of the New Testament . . . ol three or lour books ol “ Euclid, and of three or four easy Greek and Latin books.” If it were necessary to appeal to ancient precedents, the rules laid down by the illustrious Founders of New College, Oxford, and King’s College, Cam- bridge, for the admission of Students into those Societies might be quoted. A more cogent argument, however, may be found in the fact, that Examinations at entrance are becoming general in all places of higher instruction. They are established at Trinity College, Dublin, at the new Universities ol London and Durham, at Haileybury and at Addiscomlie, and at the new Queen’s Colleges in Ireland. In the face of this general practice, it is not probable that the Uni- versity will long continue to receive pupils without endeavouring to discover whether they are fit to receive the education which it offers or ought to offer. It may be objected to this recommendation, that inasmuch as numbers are an element of greatness, the University by adopting such a measure would examination. hazard the loss of some portion of its present power and influence. It is indeed feared that those who were unable to meet the requirements of this Prelimi- nary Examination would seek education elsewhere ; and it might be rash to incur such a risk, were it not for the hope that by changes which we shall recommend in other parts of our Report, the inducements to Irequent the University will be rendered stronger and more numerous, and that consequently the number of candidates possessing natural abilities, and willing to exert those abilities, will become greater. It may be said that many young men, who are likely to be influential from their wealth and station, would be excluded from the University hy this Exami- nation. But to this it is well answered by Mr. Bonamy Price, that “it is Evidence, p. 192. “ unjustifiable to give up a very great benefit for the sake of those who, if unim- “ provable, deserve no sympathy. But in truth (he adds) the desire ol these “ persons to go to College is so great, it is so thoroughly expected ol their class “ in society, that these are the very men who would be sure generally to “■ qualify themselves to pass an Examination on entrance with success.” 70 OXFORD UNIVERSITY COMMISSION. As by Dr. Twiss, Evidence, p. 156. Evidence, p. 24. Compare Evidence of Mr. Jelf, p. 185. By Professor Wall, Evidence, p. 148. Compare that of Mr. Scott, p. 112. LIBERTY OF CHOICE IN SUBJECTS OF STUDY DURING THE LAST Y’EAR. Or it may be argued that some persons who come up to the University very ignorant, and afterwards gain high distinction, would be shut out by this Examination. “But,” as Archbishop Whately rejoins, “ such men would not “ be permanently excluded ; for a young man of superior ability would have “ no difficulty in preparing himself in a year’s or a half-year’s study for the “ entrance Examination ; so that at the expense of a very short delay he would “ enter the University under much less disadvantage.” We attach more weight to the objection, that such a regulation might affect some worthy men, who have not had the advantage of a good classical educa- tion, and are not quick enough to repair their deficiency in a short time. Our opinion is that the subjects for this Examination should be nearly the same as those now enjoined at Responsions; but from such persons as we have just mentioned, tlie power of Latin writing could not perhaps be expected, as it fairly may, from the Scholars of our Grammar Schools. In such cases it might be deserving of consideration whether the Examiners should not be authorised to allow failure in this branch to be compensated by considerable proficiency in another, as, for example, by a knowledge of the Elements of Mathematics, to the extent of six books of Euclid. Such acquirements in Mathematics would prove that the Student was a person of some diligence and mental power, Lastly, it is objected to this Examination that it must fail in securing its object ; because, to avoid excluding many persons who ought to be at the Uni- versity, the standard must be made so low as to exclude none; to prevent its doing harm, it must be made incapable of doing good. W^e do not think this difficulty insurmountable. We are of opinion that, in order to prevent the standard from being kept so low as to offer no terrors to the dull or ignorant, it Avould be advisable to print the names of those who pass in two divisions, — • the first containing those Avho have passed creditably, the second those Avho have merely passed. This Avould act as a healthy stimulant on the Grammar Schools. To many an honour at the outset of their academical career, though slight in itself, would be valuable ; whilst all Avho were tolerably well pre- pared and possessed of fair abilities Avill be certain of admission. We fully concur, therefore, in the general opinion expressed in the Evidence, that the University, and, Ave may add, the country generally, would be greatly benefited by the requirement of an Examination to be passed by all Avho present themselves to be matriculated, II. The second defect Avhich Ave have to notice in the Statute of 1850 relates to the Final Examination. The Statute has admitted the necessity of affording some liberty of choice to the Student Avith regard to the subjects Avbich he is to pursue during the latter part of his course. We are of opinion that this liberty should be extended. All Students Avill hencefonvard be permitted to choose at pleasure the special Studies of LaAv and History, of Mathematical Science, or of Natural Science; but previously to his Examination in any of these branches, each Candidate for a Degree must still present himself in the School of Literse Humaniores, to be there examined in Classics for the third time, as Avell as in Philosophy and History. No doubt this restriction Avas maintained in consequence of an opinion Avhich has long prevailed at Oxford Avith regard to the nature of a liberal Education. It has been held to be the sole business of the University to train the powers of the mind, not to give much positive or any professional knoAvledge ; and the study of Classical Books is regarded as the best means of refining and in- vigorating the mind. The Education given has hitherto been the same for all, Avhether clergymen or barristers, medical men or private gentlemen. It has been limited to such subjects as Avere presumed to be common to all these kinds of life ; and no one has left Oxford, under the system hitherto pursued, much more fitted for one profession than for another. A different Theory of Education prevailed at the time Avhen the ancient Statutes were draAvn up. In those days, as Ave liave already shoAvn, youths usually came to the University at a very early age, and staid there many years. At first they found it a mere Grammar School, but afterAvards a place where all the knoAvledge of the Age might be deeply studied. At the present day young men come into residence at a much more advanced age, and yet the University is for the majority of them a mere Grammar School from first to last. REPORT. 71 In the times of Lord Bacon, the complaints were exactly opposite to those which are now made. “ Among so many great Foundations of Colleges in “ Europe (he says) I find it strange that they are all dedicated to Professions, and none left free to Arts and Sciences at large If any man think “ Philosophy and Universality to be idle studies, he does not consider that all “ Professions are from thence served and supplied.” We have no desire that professional Education, in the strict sense of the word, should be given in Oxford. But the University has long been moving into the opposite extreme, and it has been a serious loss, both to Oxford and to the learned Prolessions, that the Studies which would prepare young men to enter on professional life should have been so completely neglected. Now the Statute of 1850 was an effort in the right direction ; but its present regulations, which still retain the compulsory study of the Literae Humaniores to the end of the course, will scarcely remedy the evil. At present not only have the studies preparatory to the Professions of Law and Medicine ceased to be followed in the University, but even Theology has suffered. It is important to note tlie extent to which all separate branches of learning, both Professional and preparatory to Professions, have been suffered to decay ; nor do we believe that any measures whicli the University has as yet adopted are sufficient to remedy the evil. Oxford still educates a large proportion of the Clergy ; but learned Theo- logians are very rare in the University, and, in consequence, they are still rarer elsewhere. No efficient means at present exist in the University lor training Candidates for Holy Orders in those studies which belong peculiarly to their profession. A University training cannot indeed be expected to make men accomplished Divines before they become Clergymen ; but the University must be to blame if Theological studies languish. Few of the Clergy apply them- selves in earnest to the study of Hebrew. Ecclesiastical History, some detached portions excepted, is unknown to the great majority. The history of Doctrines has scarcely been treated in this country. It may be safely stated that the Epistles of St. Paul have not been studied critically by the great bulk of those in Orders. It is true that the English Church has pro- duced great Divines, and may boast at this moment of a body of Clergymen perhaps more intelligent and accomplished than it ever before possessed. But they might well acquire more learning. We hope that the Theological School of Oxford may yet be frequented by earnest Students, as of old ; so that many among her sons may gain a profound acquaintance with the history and criticism of the Sacred Books, and with the external and internal history of the Church. Oxford has ceased altogether to be a school of Medicine. Those few persons who take Medical Degrees there with a view to the social consideration which these Degrees give, or the preferments in the University for which they are necessary, study their profession elsewhere. This may result from causes for which the University is in no way to blame. But the University is blameable for the little encouragement which, even considering all it has done by its recent improvements, it has as yet given to those Physical Sciences which Medical Students ought to learn before they begin their strictly Professional course. The connexion of Oxford with the Profession of the Law is also unsatis- factory. The number of barristers not educated at either University is in- creasing; and of those who have graduated, the majority are of Cambridge. Many other causes may have contributed to this result. It may indeed be said that Oxford was never actually connected with any branch of the legal pro- fession, except that which practised in Ecclesiastical Courts, and that no one can wish to revive the study of the Canon Law. This is true, but the study of the Civil Law, which occupies so large a place in the Statutes both of the University and of the Colleges, ought not to have been allowed to fall into complete desuetude. Under an improved system young men might be effi- ciently assisted in Oxford in the attainment of much knowledge directly serviceable in training a young lawyer for his profession. In our printed papers we proposed for consideration the question, whether “the Studies of the University might be so regulated, as to render them at “ some period of the course subservient to the future pursuits of the Students.” We have received a great number of answers concurring in the affirmative. Bacon’s works, “ Advancement of Learning,” vol. ii. p. 93, ed. Montagu. EFFECT OF THE PRE- SENT SYSTEM: ON THEOLOGICAL STUDIES ; ON MEDICAL STUDIES ; ON LEGAL STUDIES. NECESSITY OF RE- STORING A CONNEXION BETWEEN THE UNIVER- SITIES AND THE LEARNED PROFESSIONS. 72 OXFORD UNIVERSITY COMMISSION. Evidence, p. 85. Compare that of — Mr. Lowe, p. 12. Archb.Whately, p.25. Mr. Grove, p. 20. Mr. Bart. Price, p. 63. Mr. Wilkinson, p. 78. Mr. W. H. Cox, p. 95. Sir Chas. Lyell, p.l20. ProfessorWall, p.l49. Sir Etlm. Head, p.l60. Mr. Litton, p. 178. Mr.Bon. Price, p. 195. Mr. Merivale, p. 201. Mr. Henney, p. 210. Dr. Mach ride, p. 221. RECOMMENDATION TO RESTORE THE CLASSIFI- CATION OF THE HIGHER BRANCHES OF STUDY UNDER DIFFERENT SCHOOLS. It is not recommended that the University should he made a place of Pro- fessional Education, at least not for Law and Medicine. But it is suggested that if its Students cannot be made Lawyers and Pliysicians in Oxford itself, they may there be taught much that would prepare them for the strictly Pro- 1 fessional Studies to be pursued in the great towns, wTere these professions I are practised. These views are clearly and forcibly stated by Professor | Vaughan:— ; “ As to making the academical course more directly subservient to the “ future career of Students, I conceive that a real comprehension of all the “ different branches of knowledge, such as wdll not only permit, but encourage “ them, will effect this purpose, so far as it is wise to do so. There is much in ' “ medical and in legal studies, whicli cannot he effectually taught at the Uni- “ versity ; so also of Engineering, Agriculture, Politics, &c. But there is not ■ “ one of tliese professions for which the University will not very effectually “ educate in the most essential and fundamental particulars, if she do but “ heartily and faithfully carry out the system which she has recently esta- “ blished. As society is constituted for the present, I see no necessity for more “ than this. It is one jieculiarity of our social condition, that we have too “ much rather than too little time to learn the specialities of the higher “ branches of professions ; and it has hitherto been the evil of our system of . “ education, that a good foundation in general knowledge has not been laid, “ through which those specialities can be approached effectively, and in a “ liberal spirit. A physician might well learn Chemistry, Physiology, Me- “ chanics. Botany, and Natural History, and Anatomy, at the University, and . “ the rest of his profession could be imparted to him in the London Flospitals, ’ • “ and Medical Schools. Hitherto the study of Therapeutics, Pathology, &c., “ has been learned in London, along with sciences which should have been '■ “ known before the commencement of a purely professional life. I confess that ' “ in my opinion the present University scheme (liberal as it is comparatively) , “ is still deficient, in not having emancipated the Final Examination more com- ' “ pletely from Classical and Theological studies as compulsory upon all. Nor .1 “ do I think, until this is done, much will have been practically effected in ' “ Physical, Historical, and Mathematical instruction. I advocate these studies, ; “ not merely, nor indeed by any means chiefly, as subservient to a future ' “ practical career, but also as most wholesome and valuable gymnastics of the | “ mind, infinitely valuable as a part of education.” | We have already stated that the recent Statute made some advance towards \ this end. The changes introduced by it were in some measure a return towards the ancient distinction between the Faculty of Arts and the higher Faculties of Theology, Law, and Medicine. But the principle recognised is as yet imper- fectly carried out. As we have before shown, every Student must at his Final Examination pass through two schools, one of which may be that of Ijaw and History, or that of Mathematics, or that of Natural Science, the other must be that of “ Literse Humaniores.” The obvious mode of amending this scheme would be to enact that all Students after giving satisfactory evidence of classical knowledge at the Intermediate Examination, should be relieved from the necessity of continuing the studies of the Grammar School, and should be at liberty for the latter period of their career, to devote themselves to pursuits preparatory to their future Professions. Such an amount of knowledge of the rudiments of Religion, as may be fairly expected from any person who has received an academical education, would be transferred from the Final to the Intermediate Examination. To this end it seems to us that the University might with the best results institute a division of Studies, with corresponding Examination Schools, such as would better accord with the freedom of choice which should, as we think, be left to the Student, after the Intermediate Examination to be passed by all alike. W e are anxious to repeat w hat we have already stated, that any suggestions in a matter so entirely within the control of the University as the arrangement of its Studies, must he understood merely as indications of the general course wdiich in our opinion it ought to pursue. Without wishing, therefore, minutely or peremptorily to lay down a system, we have drawn out such a scheme as would show the division of subjects which we think desirable. REPORT. The School of Theology, comprising the study of the Scriptures in their original languages— Ecclesiastical History and Antiquities Dogmatic Theology — Pastoral Iheology. II. The School op Mental Philosophy and Philology, to be divided into two Departments : . . , i • c ri) That of Mental Philosophy, comprising the analysis ol the Moral and Intellectual powers, the principles ol laste and Art, and the History of Philosophy. . That of Philoloffv — in which the Student may he examined in Greek and Latin, or the Oriental and Modern European Languages, or in Comparative Philology. HI. The School of Jurisprudence and Histori Economy. The School of Mathematical and Physical Science, to be also divided into two Departments ; (1) That of Pure and Applied Mathematics . i i • A,, ^ That of Physical Science, which should he devoted chiefly to the three Fundamental Sciences of Mechanical 1 hilosophy. Chemistry, and Physiology, but should include also all the Sciences subordinate to these three. ( 2 ) including Political IV. ( 2 ) I According to this suggestion. Theology would after the second Examm- in be sepSed from tht Liter® Humaniores, .o as to become .n practice, vhat it has always been in theory, a distinct Academical The Statute of 1850, though in most branches ol study it irovements, has done little for Theology. 1 he same kind “'f >f knowledge is still to be required from Clergymen and Laymen ^ tiue hat permission has been given to Candidates lor Honours in the School ol utrHumaniores to brin| up the Apostolical Epistles and -me lioro™ ol Ecclesiastical History, and that a larger ^ forward to he required. This is so lar good , and of it . , tt fession that what has hitherto been demanded of persons destined loi y ° 'isuu’t has bea° already stated that Theological teacWng, as such, thrive in the University, and that (to say the least) the 1 ij/ endowed for its support, produce no results commensurate with then em 1 “An attempt was made to give reality to this Faculty by a S^XVfor 1842 which proposed to establish Lectures and Examinations in riieolo y, lor those who ha? already taken the Degree of B.y This Statute -ntamed some excellent provisions; but it has failed, as might have been foreseen. It was rendered obligatory on none ; and attendance on the Lectures involved longei residence, and therefore additional expense, without confemng fq! advantages. If the Examination thus instituted were made available loi the Deo-ree of B A., if it opened an avenue to University distinctions, if it ^eie likely to prove a recommendation for College Fellowships, no “ would arise for Theological Lectures. This demand into more active Academical life. From any measure giving tjie distnmt encouragement to this study which we propose combined with a «eneial m provemlit in the Education of Oxford, we might hope lor a f | School, which would render the University independent of f®!®^Sii .talent and industry, and help to secure it against those conflicts ol opinion to which of la ^hroTffoTGraduates who are destined for Orders seelcmist^^^ at the recently-established Theological Schools ol Durham and ol M , the case of many Students, such a separation from old to he beneflcial. This motive for quitting Oxford will we hope be ^ when measures shall have been adopted for reducing the expenses and incieas ing the studiousness of Undergraduates. TTnJvpvdtv is There are many considerations which seem to recommen Y a seat of Theological Education. TOe greatness of the Institution things are now, as a safeguard against the permanent occupa ion atmosphere by the opinions of particular schools and parties; and, il me I. proposed school of theology. failure of the amend- ment ATTEMPTED IN 1842. OR.IECTIONS TO OXFORD AS A PLACE OF THEOLOl gical study. Evidence of Mr. Jowett, p. .39. Mr. Scott, p. 113. Mr. Lake, p. 169. REASONS FOR MAKING IT SO. |i Si 74 OXFORD UNIVERSITY COMMISSION. f 1. SCHOOL OF MENTAL , PHILOSOPHY. energies of the University should be further developed, the admixture of other Professions and other Studies will tend to prevent the formation of that exclu- sively Ecclesiastical character in the Clergy, which, hy dividing their views and interests from those of the Laity, exercises a mischievous influence over the lelations of the Church and the Nation. But while we are desirous that the Ministers of the Church should he fully instructed in matters properly be- longing to their profession, it would he desirable, we think, that they should be compelled also to enter another School. The habit of investigating God’s uoiks and the operation of His Laws, whether in the mental or physical Moild, 01 the study of the actual History of Mankind, would, we believe, do much towards correcting the narrow spirit in which Theology is too often studied. And, as Candidates for the Ministry of the Church are not required, like those destined for other professions, to enter upon a technical education after they leave Oxford, it may be reasonable to expect that, in many instances, they should reside somewhat longer, in order that they may be enabled better to pursue those collateral studies to which we have just alluded. II. PROPOSED SCHOOL IL The second School which we think ought to be constituted out of the vast ANT^PHn^OCT iLiass of matter, which now goes under the name of Literae Humaniores, is that ITS TWO DEPARTMENTS, of Mental PHILOSOPHY AND PHILOLOGY. This School we propose to divide into turn Departments, wliich are sufflciently designated by its double title. 1. The department of Mental Philosophy would, of course, he chiefly occu])ied with an investigation of the laws which regulate the mind, its powers, operations, and affections. We have placed tfiis school in union with Philology, partly Ijecailse there is a close connexion between the study of the mental processes, and of language as the exponent of these processes, and partly for reasons of convenience; but we are well aware that there is no subject of academic instruction which is not more or less connected with the study of human mind ; and it is on account of its bearing on the entire range of Oxford Studies, that we consider the establishment of such a school highly important. We recommend it with the*hope that the Theological Student may have the opportunity of better preparation for entering on the abstruse questions of Divinity Avhich relate to the attributes of ’God, and the nature and condition of man ; the Student of Jurisjirudence and History for examining into the principles of Duty and Obligation, of Liberties and Rights ; the Mathematician and Natural Philosopher, for ascertaining the foundations on which their sciences rest, and for understanding the connexion of their demonstrations with their axioms and definitions, with their facts and hypotheses ; and, above all, the Student of Human Physiology, for his investigations into the nature of sensibility and the active powers, which suggest at every step questions regard- ing the operations of the mind. The Ilniversity of Oxford has long professed to consider some portion of Mental Science as necessary to a liberal education, by requiring Logic as an indispensable part of the final Examination ; so much so, that, till the recent Statute, no one could present himself for Examination even in the Mathematical School without first proving himself, in some sort, a Logician. But the Logic of Oxford, though it presumes of course some knowledge of the mental powers, and some acquaintance witli metapliysical language, has scarcely emerged from the obsolete Philosophy ot the Media3val Schools, and has served rather to promote than to destroy the dominion of spurious science. The investigations of modern Philosophers were indeed admitted as legitimate matter for Examination by the Statute of 1830, but the text-book of Logic employed is still substantially the same as those used when the Laudian Statutes were passed ; and deviations from the ancient system depend not so much on the authority of the University or its Professors, as on the will of individual Examiners and the discretion of Private Tutors. These statements are corroborated by Mv. J. M. 'Wilson, Professor of Moral Philosophy. “ I have “ not (he says) known any Public Examiner of late years, who has not expressed “ disappointment and dissatisfaction on first reading over the Logic and Ethic “ Papers of the Candidates for Honours. . . . The feeling is, tliat the “ mode in which these subjects are studied has rather a pernicious effect, than “ otherwise, on tlie mind of tlie Student. . . . My own impression, when “ I was Examiner, was, that the time given to these subjects, in by far the “ greater number of cases, Avas entirely throAAui aAA^ay.” He then proceeds to detail the causes which have led to this state of things, namely, the Avant of Evidence, p. 262. REPORT. 75 proper Examiners, the narrow sphere within which the subject is studied, and the^mass of difficult matters which are grouped together under the name of Wilson’s remarks on the mode in which Moral Philosophy has been stiiL'd are very similar I am decidedly of opinion that the subject as it Evidence, p. 1 63. ^I nmv taught is far more difficult and repulsive to the beginner than i a fneed bel • • The Student who first enters on the study of M la “ Ksophy in the Ethics of Aristotle is doubly embarrassed ; the thoughts “ are new to him, and he encounters them for the first tme, not only m “ foreimi tongue, hut under very obscure forms of expression, for which it is “ often^’difficult to find the exact equivalent m his own language. Oxford has been often censured for opposing, or at least not piomotm the study of external nature. The charge till very late y could hamly be denied ^But we hope that the Statute of 1850 will do much towards removin this reproach. At tlie same time we are anxious that the University should not in encouraging Physical Science, discard that which she has hitheito p°bel.d to place“in so' p.-omi„eut a position “ sovs Professor Vaughan, “ that all the laws of nature, mental no less than “ physical, should be investigated and taught at Oxford. The “her system too much ignored the latter, and she has dealt with “ an exclusive and timid spirit. I do not mean to assert that this been “ done consciously, and I am aware that the recent ;!fXntal “ Science has rather led to the impression with many that Cental Scie “ occupies a region too dark for the operations of the human : : “ I trust that no changes made in our system would be based on such an ,! “TThf second department of this School, would be that of Philology, or 2. school of philology. ^^Att/ding^r^^^^^^^ of the University, Language (as such) can hardly be said to have formed a distinct subject of acatoical study. The Candidate for the highest honours in the School of Literee Humanioies Pieseiits a number of Greek and Latin books which are often very accurately lead, and he is able perhaps to translate and explain the books which he has placed on his list. But it not unfrequently happens that the same youth, if requiied to translate off-hand a passage of common Greek which he t commits great errors, and also shows by his translations of English into Latin and Greek that he has a very imperfect acquaintance lan«-uage. Yet it is hard to deny Honours to one who has exhibited consffiei a lie capacity and industry in the aggregate of this particular. To remedy this delect, special Scholarships l^uve been esta blished for the encouragement of criticism and composition which have answered the desired end with regard to a small portion of the ^ li it was with the same view that in the second Examination instituted by the , recent Statute, particular stress was laid on the knowledge of Language. VVe ^ hope that, by establishing an Examination at Matriculation, and by ordeiing every Student to be examined, at an earlier period, in most o the books now reserved for the Final Examination, the University may be able to insist more 1 , strongly upon the study of Language as in itself deserving encouragement and I, Statute of 1850 indicates a desire to folloAV this course, by returning I' to the piactice of former times, and requiring that Candidates shou d be I examined so as to test their knowledge of the ancient ^ ^ fbv ‘ of the particular list of books which they bring up ’Be tl)mk that 1^ ii Students in the Philological School this system should m the I inal Examin^ , tion be carried still further. Nor do we see any reason why Philology sliouicl be confined to the Latin and Greek languages. Those Students who ^esiie it | should be free to devote the latter part of their course to the study of Sansci , of the Oriental languages, or those of modern Europe. « to ttt qphoot of ttiris ■ III. The School of Jurisprudence and History, of which ^ SlSce and history speak, has been virtually created by the Statute of 1850. The mention of Adam , Smith’s great work among the hooks to be studied for this School implies that the modern science of Political Economy is intended to form pai o le s u le required or encouraged. We are of opinion that Ancient His 01 y s ^ transferred to this School; for the division of History into Ancient and L 2 I! 76 OXFORD UNIVERSITY COMMISSION. Modern IS ratlier matter of convenience than of reality. It has also been provided by the University that special cattention should be paid to the Laws ol England, and tliat Candidates for the liigher Honours should study the principles of Jurisprudence by means of tlie Civil Law. We may here record our satisfaction at seeing tlie study of International Law introduced by the University. At first, the duty of teaching the Science would naturally devolve on the Professor of Civil Law; but doubtless the increasing number of Students will soon call lor a new Cliair, devoted exclusively to a study well wortliy of the highest talents. Nothinpointment of Tutors have received a present condition of very wide interjiretation. College Tutors are now not only approved, but 'tutors. absolutely nominated by the Head of their Colleges, and almost invariably from among the Fellows. The Vice-Chancellor never interposes his authority in their nomination or removal. The XXXIX Articles form only a small portion of their instruction, and by some Tutors are not taught at all. From Guardians they have become not only Teachers, but virtually the sole authorised Teachers of the great mass of the Students. The ancient Lecturers, both of the University and of the Colleges, have been superseded by them ; and the public Instruction of the Schools has given way to catechetical teaching in the Tutor’s private apartments. The good effects produced by the Tutorial system on the discipline of the advantage^^ place are obvious. When the Tutor acts with zeal and judgment, and the Pupil answers to his care by confidence and respect, there can be no doubt that the connexion is productive of great and lasting benefit. The Tutor, living vrithin the same walls as his Pupils, and (if he please) in friendly intercourse with them, may exercise a powerful moral influence on the minds of many. Wherever also the Tutor’s abilities and knowledge are such as to command the attention and to inform the mind of his Pupils, the relation between them enhances the value of his Instruction ; and even when such an Instructor is a man of moderate capacity, he may be useful to his Pupils if he confines him- self to what he knows, and takes pains to ascertain that they know it too. The intimate knowledge which a Tutor has, or may have, of the disposition, capacity, and acquirements of his Pupils, enables him to question them in such a manner as to ascertain their diligence and quicken their faculties. , The advantages then of the Tutorial system are confessedly great. But the disadvantages resulting from its actual state are greater still. They are summed up by Mr. Pattison, who, however, is a warm defender of the system as a whole : — “ The causes of the disrepute of the College Tutor may be easily enu- Evidence of Mr. ^ 1 ^ Pattison, p. 48. “ merated : — • “ Chiefly, individual inferiority, want of ability, defective attainments, indif- “ ference to his occupation, and other personal disqualifications. “ Each Tutor undertaking too many Classes and too many Pupils. “ Each Tutor having to teach too great a variety of subjects. “ The admission of ill-prepared Students, who lower the general tone of “ instruction. “ The too great toleration of idle Students. “ The incidental effect of an examination system which creates a demand “ for ‘ cram,’ and so subtracts the Pupil during his most valuable time his “ last year — from the full action of the College course. I “ The transitory nature of the occupation, which in most cases being adopted “ ‘in transitu’ to a totally different pursuit, has none of the aids which in the “ regular professions are derived from regard to professional credit, and the “ sustained interest which a life-pursuit possesses.” This statement may be further illustrated by passages from the evidence of some other gentlemen : — i “ The Tutors are few in number in each College, and yet all the subjects of Evidence of Mr, i “ the University examination, both for passmen and classmen, have to be appor- P • “ tioned between them. Three or four instructors have to teach classical “ scholarship, . . . ancient Plistory, both Grecian and Roman, Moral Philosophy, ! “ Metaphysics, Logic, Theology, and, in some cases. Mathematics and Natural ; “ Science; and, by the new Examination Statute, as the subjects of study are “ increased in number, so will the evil be aggravated. Hence, the result is 88 OXFORD UNIVERSITY COMMISSION. Evidence, p. 12. PRIVATE TUITION CAUSED BY DEFECTS OF COLLEGE TUITION. PRIVATE TUTORS. “ that the Lecturers have not time for the especial study of any one branch of “ learning, and the lectures are deteriorated ; and Students of various diligence “ and calibre having been collected together into one class, the character ol' the “ lecture is let down to the lowest capacity, and the Students of the greatest “ promise and ability have been obliged to seek elsewhere for that instruction “ which, under better management, would be provided for them within the “ College walls, or by the University.” Mr. Lowe’s opinion of the evils of the system is so strong that he would wish to see it abolished altogether : — “ I entertain the strongest objections to the present tutorial system It is “ a monopoly of education given to the Colleges at the expense of the efficiency “ of the University, and lias very often been grossly abused by the appointment “ of incompetent persons. The Tutor lias no stimulus to exertion beyond his “ own conscience ; let his success be ever so brilliant, the termination of his “ career is not likely to he affected by it. The expected living drops at last ; “ and, idle or diligent, learned or ignorant, he quits his College, and is heard “ of no more. The plan also of teaching in large lectures, while it gives but “ little instruction to the less advanced, is inexpressibly tedious and disgusting “ to the more forward Student. I never shall forget the distaste with which, “ coming from the top of a public school, I commenced construing, chapter “ by chapter, the 21st book of Livy. This has a bad effect on the mind. A “ boy (for he is nothing more) finds the requisitions of College incomparably “ easier than those of school ; he becomes arrogant and conceited ; the tutorial “ system has not only taught him nothing, but has actually given him no idea “ of the course of study required for a high degree; and in the plenitude of “ ignorance and self-sufficiency he wastes, at least, one most valuable year in “ idleness, if not in dissipation. I am, therefore, opposed to the continuance “ in any shape of the present College tutorial system.” It must at once occur in perusing this Evidence that many of the disadvantages pointed out are due to the present restrictions in the choice of Fellows of Colleges; and that these disadvantages in a great measure would disappear as those restrictions were removed. The Heads of Houses state, in their Letter to the Duke of Wellington, that “ Tutors of Colleges are not necessarily “appointed from the Fellows of Colleges.” This is true in theory ; but in practice the selection of Tutors from those who are Fellows is almost uni- versal. Many of these, especially in close Foundations, may be unfit for the office ; but the Heads of Colleges have not always courage or vigour enough to select the most able of their Fellows. It is rare indeed for them to resort to another Society in default of persons of due capacity within their own. Some of the evils of the present system, such as that of crowding into the same class students differing greatly in knowledge and capacity, merely because tliey happen to come to the University at the same time, may be remedied in the larger Colleges, and have (we believe) been remedied to a great extent in some of them, by more careful classification. But the chief defects inherent in the system itself, arise, we think, from its being the sole source of In- struction recognised in the University. The careful supervision of studies, the catechetical method of teaching, the moral and religious superintendence, may all be continued, and even increased, if other sources of Instruction can be called into existence to relieve conscientious Tutors, and to stimulate the negligent ; and their task will be less irksome if the recent extension in the Studies of the University shall cause the young men to take greater interest in their work. That some addition to College T uition is needed, is evident from the fact that a class of Teachers has sprung up in recent times, avowedly with the purpose of supplying its defects. We mean the Private Tutors. “Private Tutors” are not recognised by name in the Statutes either of the University or of the Colleges ; yet, in some respects, they seem more nearly to correspond to the original “ Tutores,” and in other respects more nearly occupy the position to which Bachelors and Masters of Arts are entitled by the formula used in conferring Degrees, than any other persons in the place. They are selected by the Students. They often become their advisers and friends. The care, or at least the time, bestowed upon each Student by the Private Tutor is greater than that which is ordinarily bestowed by the College Tutor. The REPORT. 89 amount paid for Private Tuition by many individuals far exceeds that which is Tiaid for Colle‘m Tuition. In some departments ol knowledge the Students pEiid ^ ^ ^ derive their chief instruction from this source. , rr. ^ ^ The numlier of Undergraduates reading with such Tutors is very larp. Of late years many candidates for an ordinary Degree, and most candidates for hio-h Honours, have had recourse to assistance from Private lutors. The Dean of Ely calculates that the suiri annually spent for Private Tuition at Cambridge amounts to 50,000/. At Oxford the practice of resorting to Priv^e Tutors is less general, and continues, for the most part, only through the latter portion of the Undergraduate career. Still the annual sums thus ex- pended must be very large,-large enough to endow many Professorships. ^ On this subject many distinguished Private lutors have supplied us Evidence. Perhaps that of Mr. Lowe will suffice for a statement both ol the good and evil of such Tuition:— rp, “ Of the system of Private Tuition the advantages are manifest. 1 he powei “ of selection has great efficacy in attaching the Pupil to the Tutor ; and i “ can speak Irom experience that the tendency is strong to overrate the abilities “ and industry of a Private Tutor, — a leaning which 1 have never observed m the case of Public Tuition. The unfettered intercourse, the power ol stating “ a difficulty without incurring ridicule, the greater equality ol age anc. “ position,— all tend to give the system efficiency ; and whether de_sirable or “ no, I am convinced that it will be the working system of the University. “ The Dean of Christchurch issued an order that no man of his College should “ read with a Tutor of another College. I do not think the order an iinrea- sonable one, and I doubt not that Christchurch contained plenty of competent “persons; but I know that all the time one-half of my Pupils came Irom “ Christchurch. The system of Private Tuition is a necessary and unavoidable “ concomitant to any Examination. No sooner were Examinations establishec “ for the masters and mates of merchant ships, than there arose a class ol men “ whose business was to cram the candidates. “ The system of Private Tuition has, however, many defects, ihe persons “ into whose hands it principally falls are young men of unformed character “ knowing little of the world, or probably of anything except the course ol “ study by which they have gained distinction. They have, nevertheless, very “ oreat influence over their Pupils, and are, from their youth their sincerity, “ and their earnestness, the most dangerous missionaries ol whatever opinions “ they take up. They are the persons who are really lorming the minds ol the “ Undergraduates before they have formed their own. The University knows “ nothing of them, except their names in the Class List; m their Colleges they “ have no status, and it is quite optional with them whether they enter in o “ the society there or no. Everything is entrusted to them, and no caution “ whatever is taken for the execution of the trust. As regards the “ Tutors themselves, I cannot but think it bad for them that the moment they “ have taken their Degree they should be considered as at once elevated to “ the hio-hest intellectual eminence, and spend their whole time m teaching that “ which^they have but just and barely learnt. The tendency to narrow the “ mind and generate habits of self-conceit is obvious. It also stands seriously “ in the way of their acquiring much useful knowledge ; though I think this “ in some degree compensated by the ardent desire to learn, which the habit “ of teaching is almost sure to produce. Young men are often at this time “ Dressed by College debts, or otherwise in narrow circumstances, and the “temptation is irresistible to labour to any extent so as to avoid these “ embarrassments. I have myself taken ten successive Pupils in ten successive “ hours. Term after Term,— a task neither fitting for the Tutor nor just to the The subject is treated at considerable length in Mr. Rawlmsons Eydence, in which detailed remedies are suggested for such evils as are confessedly inherent in this mode of Instruction. The general result at which most o the writers we have quoted arrive is, that as the system of Private i uition las been created by a real want, so it cannot be set aside except by the improve- ment of the College Tuition, by the organisation of an order ol authorised University Instructors, and by taking measures to secure the appointment ol the most eminent men as Examiners. Even now the demand lor ^ ^’^va e Tuition in a College varies with the goodness of the Instruction gwen by e Evidence of Mr. Morgan, p. 196. Mr. Rawliuson, p. 216. Compare that of — Mr. B. Price, p. 62. Mr.W.H.Cox. p.98. Obs. on Cambridge Stat. p. 153. Evidence, p. 12. Compare that of — Prof. Browne, p. 6. Mr. Mansel, p. 2l. Mr. Jowett, p. 37. Mr. Melville, p. 56. Mr. B. Price, p. 62. Mr.W.H.Cox, p.98. Prof. Donkin, p. 108. Mr. Scott, p. 114. Mr. Congreve, p.l 54. Dr. Twiss, p. 157. Sir E. Head, p. 161. Mr. Lake, p. 168. Mr. Litton, p, 178. Mr. B. Price, p. 195. Mr. Henncy, p. 210. Mr. A. H. Clough, p. 215. Mr. Foulkes, p. 226. Evidence, p. 21G. 90 OXFORD UNIVERSITY COMMISSION. Tutors. And if the multiplicity of labours now required from Colleut merely for teaching, fest will erv h^hm-Turposes still, by - devoting himself ” as ^ Myself observes) -“to the cultivation Eba»..p. tt. On this subject it is needless to do moie tl>an d' °‘e “e Vaughan: “Great would he ‘he loss (Im says) ,f ^ “ Iprtnre at all and great "would he the waste of ii t "Rut tTip “ the Undergraduates did not habitually attend paf^^.al Lectures.^ BuUhe “ teaching of Undergraduates is I conemvM “ which Professors may answer m p p -ofessors have not been “hitherto has not l^^^en merely nor chie% that the Tx^frcel^nrini^ IhTgenS-al “ the zeal for petty or factitious erudition ; men 'rh°se n gtu, :: Hr ^^d±er:rg=f “ the existence and promote the creation of sue . course of time, and “the salaries cannot do this at first, or by itself , hut in “ ^ “ combined with a good system of the com- “ effect. But it would he well to consider 'ihethe . espec^^^^^ powerful “ mencement, we shaU not make the process sSn^e burden “ men all the more difficult if we impose, y iinyi ° doubtless produce “ of constant instruction as a necessity upon all. I would lead - more teaching, in the common acceptation of those words, but ^ “ also to second-hand learning, hand-to-mouth lectuij. and “ a race of men in our Chairs without enthusiasm, eloqua^ ^^p “ venerable acquirements. Such remarks may P®' P of Professors, “ that at any rate there should be some guarantee for the activity oijr 98 OXFORD UNIVERSITY COIVUIISSION. PROFESSORS TO BE ASSISTED BY UNIVERSITY LECTURERS. Evidence of Mr. Bart. Price, p. G3. Evidence of Mr. Scott, p. 112. “ and that in providing this security large allowance must he made (as has been “ said) for ‘ the power of human indolence,’ to deter men from great exertions. “ But to this again there is a reply, the truth and sufficiency of which will “ appear the more, I believe, the more it is considered. The position holds “ true if wrong appointments are made. If right appointments are made, those “ will be selected to represent a branch of study in the University who are “ cultivating it with energy and delight. It has been, it ever will be, the “ tendency of men eminent in any intellectual pursuit, to he enthusiastic, to “ carry their exertions to the extreme limit of their constitutional strength, “ because they find in it, and must find in it, the purest, the deepest, and the “ most enduring pleasure, in comparison with which, so long as vigorous health “ remains, idleness is privation, and amusement a meagre pastime. In all cha- “ racters, it is true, this activity may not show itself in teaching classes, or even “ audiences ; but in the great majority it will, because if a man do but possess “ the knowledge and the ability to comprehend a subject fully, all the common “ impulses, all the common weaknesses of our nature, will, in the majority of “ cases, urge him to teach what he knows ; the love of respect and importance “ and superiority, and the love of social employment, in addition to the slighter “ hut not unfelt consideration of increased emoluments. To all these must be “ added a sense of duty and a desire to do good, and if there be those amongst “ the Professors well chosen who stand beside or above the operation of these “ motives, they will be few, and they will not often be those of whom the “ Ihiiversity will have need to be ashamed. They will labour in a different “ way, and be fruitful. They will investigate, reflect, and write, even if they do “ not very actively lecture: tliey will address the world, if not the students of “ the Academy, and their words will come back to the University, in some “ form, ‘ after many days.’ They may not irrigate the ground immediately “ beside them, but the abundance of their spring-heads, and the larger volume “ of their pent-up waters, must go forward to feed and cleanse the cities of the “ earth, or to move the vaster wheels of European literature, or to deepen the “ main sea of the world’s knowledge. Much, too, must, in spite of recluse habits, “ insensibly evaporate and fall again in showers, seasonable ever, though capri- “ cious, upon the spot. If we look to a single branch of learning in past time, “ who have done more for us during our time of narrower instruction than the “ silent men,^ — the Bentleys and the Persons, the Elmsleys and the Gaisfords, “ of our Academies? Doubtless, too, there may, after the best organisation of “ a system of appointment, be some failures; but tliroughout nature as through- “ out society, there must be some waste, and the most stringent conditions for “ lecturing could elicit nothing from such men but a decent compliance with “ the letter, and a triumphant evasion of the spirit of such rules.” The olijections urged against Professorial teaching may be further obviated by the adoption of a recommendation contained in several portions of the Evi- dence laid before us. It is suggested that it will be expedient to establish, under the name, of Assistant-Professors, or Lecturers, a grade of Instructors subordi- nate to the Professors, but yet lecturing on the same subjects, and, if need be, acting as their deputies or substitutes. The functions which these Lecturers would discharge are well described by Mr. Bartholomew Price and Mr. Scott. “ As such Professors would be, it is hoped, some of the most eminent men “ in their respective departments, as it would be injurious to them that their “ time should lie wholly employed in giving liectures in the elements of their “ learning, as well as the higher parts, to the younger Students ; they ought, “ therefore, to have leisure for pursuing their respective studies, and for enlarging “ the bounds of their sciences, being, as it is presumed, persons capable of doing “ so ; but, inasmuch as the Students have also a claim on the University for “ instruction, and as it ought to give that teaching which is now derived from “ private Tutors, it seems desirable that, udien it is necessary, there should be “ public Teachers of a different kind to the Professors, who might be called “ Public Lecturers, whose duty it should be especially to give Lectures to “ Students. This I consider to be a matter of the utmost importance for the “ efficiency of the system.” “ The Ordinary Professor (to use the Continental phrase) in any department, “ might .... avail himself of the services of Extraordinary Professors, or Lec- “ hirers among the Fellows of Colleges. The class which now furnishes REPORT. 99 “ Private Tutors would thus have a work, perliaps less lucrative, but more “ sueceed.^^ ^OixUntiy P “ of mistake, wherever the jiatronage ™'S '®' , „cturers would at once serve ^turdlnil foreign Uuive.ities^wlm. ‘|;;;^"oTa prrede^^^^ rilruc?ln t Hel-ew lan'guage whilst the Professor I’imrdf takes the higher branches on^ ,,, SSS!E£EtS££^^^ extension ol University biuuieb. XI 4.-^„ ^r Pmfpssors to meet the need in the system will necessitate ™ ° of Studies which cannot he supplied hy College ’ ‘ , ; necessity ; whilst s.d, furnish the Professors with Students capable of pi ofitin^ combination of that we think this LTaf that any increased activity in the Evidence, p. 37. see no reason (says Mi. Jowett) to leai t y rp . Difficulties - Professors will cause a collision between them and the Tuto ^ : “ "-hn 1 :: " Trprotsr ^ “ rte “ To which may be added, that Professors and Tutois, o “ same subjects, would treat them differently. tPpmselves Latin and “Many subjects of instruction “ Greek composition, written exercises gen . would be to take up and “ intendence of the College Tutor, whose business it v™ “ perfect the education of school. Ethical and L g _ elements of them “ well or better taught in Professorial Lectures afte “ had been received from the College Tutor. 100 OXFORD UNIVERSITY COMMISSION. See his “ Suggestions for the Extension of Professorial Teach- ing at Oxford,” Lon- don, 1850. Evidence, p. 87. Compare the Evi- dence of Mr. Maskelyne, p. 187. “ connexion with each other. To give up the Tutorial S3^stem would be to “ give up a great good which already exists, and is closely connected with the “ peculiarity of the English Universities as an assemblage of Colleges. In “ Foreign Universities the Professorial System has been resorted to, not from “ choice, but from necessity. Our wealth gives us the means of combining the “ two, and of carrying out the spirit of each more perfectly. The Tutor begins “ the work which the Professor is to take up and complete. The former will “ have more time for personal acquaintance with his pupils, while the latter “ will be freed from the drawbacks, which in a Scotch or German University “ destroy half the advantages of a Professorial System, and will be enabled to “ work more probtably from having an audience better fitted to receive his “ instructions.” Of the various plans which Mr. Jowett mentions for adjusting the relations between the two classes of Teachers, the most popular seems to be that of Mr. Bonamy Price. He proposes to combine the two systems, by leaving the education of Undergraduates to College Tutors for their first two years, and by transferring them for their last year to the Schools of the Professors. This plan, we must observe, proceeds on the assumption that all Students are to be connected with Colleges and Halls. As we are desirous to admit other Students to the benefits of the University, this of itself would prevent us from approving of Mr. Price’s plan as compulsory. But even Collegians ought not to be subject to one uniform rule ; and the argument of Professor Vaughan against the scheme inclines us to wish that no absolute line should be drawn between Tutorial and Professorial periods of education. “ This arrangement “ (he says) is advocated on the ground that the last year would find the “ Students sufficiently advanced to need, and to profit by, a higher style of “ instruction. I confess that to me tliis mode of uniting the two systems “ appears objectionable on the following grounds. In the first place, such an “ arrangement would, I think, tend to make the Professor into a Tutor of the “ tliird year. The functions of Professor would become merged in that of “ Tutor-Professor, and the tendency towards this result would carry with it an “ undesirable change in the habits and faculties of the Professor himself. “ Again, such an arrangement is not, I think, based on a sound view of the “ condition of the Students. Some are more advanced in attainments, and “ have greater powders of comprehension and digestion in their first year than “ others have in their last ; and with respect to such it would, I think, be “ unwise, almost unjust, to keep them in the University for tw'o years wdthout “ opportunity or encouragement to catch the spirit of its best instruction. And “ even with regard to the less eager Students, it does not follow that they “ might not attend with profit a Professorial course, a part of whose functions “ it sliould be to kindle an interest, and to exhibit a proper method of inquiry “ and thought, and so to aid in bringing sluggish temperaments and dormant “ faculties into action. On this ground I am inclined to think, that even the “ less advanced might attend with benefit and listen to one whose talents and “ attainments had raised him to sucli a position as a Chair in our University “ought to be, and, I trust, will be.” Professor Vaughan himself thinks that both systems might co-exist : — “If (he “ continues) the system of tuition in Colleges .... is maintained, as a compul- “ sory and universal means of education, it might be accompanied by an “ arrangement which should somewliat relax the exclusive character of its “ action, so as at least to be attended by a concurrent instruction through “ Professors. A portion of each day should be left sacred to the attendance “ on Professors. Were even one entire available hour of the day — an hour in “ which the faculties are still fresh — kept disengaged from Tutorial work, even “ such an arrangement would give much more freedom to the Professorial “ system than it possesses at present. Such attendance should be considered “ as part of the work of the place.” We believe, indeed, that many Students Avill require the assistance of a Tutor throughout their whole career. The attention of the listless and the appre- hension of the dull will require the careful assistance of Catechetical teaching throughout their course. And to Students past the elementary stages ol learning, who are attending the Lectures of eminent Professors, the private lessons of the College Tutors will be found very valuable by way of supplement to the Public Instruction. The Tutors will repeat, in other forms, the instruc- REPORT. 101 tion received from the Professor, and ascertain the exactness of the knowledge o^Herby their Pupils. But there is much in every branch of study which Cannot S taught by Tutors alone or well; and there is much m the system ol Sfndies lately adopted by the University, which cannot be taught by College of ooUeotions and expen- ments that much of Physical Science must be communicated. , , “ But ttee" no rcosonChy ntany of the Professors. T eeturers should not give Catechetical Instruction. The Prolessois ol Divinity at nresent not only deliver Public Lectures, but also teach their classes privately. Many of the Lecturers, at least, might have classes not laro-er than thoJe which attend College Tutors, and would naturally adopt the same mode of teaching. A paramount advantage of the University Lectuiei over the Colleo-e Tutor would be, the former confining himsell to some one branch of study, while the latter is obliged to teach many would impart his knowled«-e in I more perfect form, supposing their natural abilities and dili- crence to" be equal. Another advantage, more important still, would be that ?ach Student would have the opportunity of receiving instruction from peisons of known ability, and not be compelled to rest satisfied with such Tochers as his own Society can provide. He would become a Member of a lai^e, a ^^^Tlm^wok^^of thf College Tutors would, no doubt be changed, and ^ ^at part of what they now attempt ineffectually to discharge would then be pei- ?o^c"d by the LeLrers and Professors. But their relations with their Pupil would probably be more intimate and confidential if they were less complicat and multifarious ; and the prospect of a more definite and honourable position in the University, as Lecturers or Professors, would more the loss of the immediate advantages which they now gam b} then quas (it is to be hoped) be resorted to only where indi- vidual and solitary supervision was required. Even m these cases be superseded to a great extent by the College 1 utors, who would then have more time than they have at present for individual Tutors would be rendered unnecessary, during Term at least, Y 1 Instruction accessible to every one from the Professois and ^ L • ^ this body the more eminent of those who would otherwise have . Tutors would be absorbed, and would be enabled to employ their time an talents in a manner more profitable both to themselves and otheis. Mr Bo^r; Price well observes on this subject:-" As at present canned E„dr„ce. fliitni's Tiroirress ; it lias no p, 1 a on, private tuition is fatally adverse to the Tutor s progress ; it has no " tcndLy to improve him. The Private Tutors are commonly men who aie “ flushed with recent success m the Schools, and aie sought “ others that knowledge which acquired for them their Honouis. 1 he l eal “ qualification for being a successllil Private Tutor is the learning acquired m " Sinrfor Honours ; so that most Private Tutors in turn are superseded by “ Jheir juniors. In this process the Private Tutor is making no addition to his “ attainments, and is qualifying himself for nothing ; he Y, account the knowledge previously obtained. . . . ' A “ sorial system would destroy one root ot much mischief ^ ‘ u _the cramming caused by the ever-recurring round of pieparation t “ same fixed books for the Bachelors Degree. +Ppnrv of the We trust that, by the establishment ol Public Teachei-s, the theory of the University will be carried out effectively, without unduly infinio « duties which could be better discharged by Colleges. Harmony between Uie Public and the College Teachers would be further secured by the cent ol which we have proposed that the Professors should exercise over the Examnia tions. If this should be carried into effect, no Tutor would venture to prevent and all good Tutors would be anxious to promote, the ^ Pupils on such Professorial Lectures as would prepare them foi Examinatio , and assist them in their Academical Course. Without, | any definite scheme for combining the two systems, we venture to ex^^^^ firm belief that, if the Professors were called into activity, no lon^ t elapse before both kinds of teaching would be found working m harmoniou “Ee™ perhaps, no object to which internal and spontaneous efforts within 102 OXFORD UNIVERSITY COMMISSION. RECENT ATTEMPTS TO RESTORE THE PROFES- SORIAL SYSTEM. GENERAL FEELING ON THIS SUBJECT. Appendix A. p. 3. MEANS OF RESTORING THE PROFESSORIAL SYSTEM. NEW ARRANGEMENT OF THE PROFESSORIAL STAFF. I. THEOLOGY. II. PHILOSOPHY AND PHILOLOGY. Evidence of Prof. Vaughan, p. 87. Evidence, p. 263. the University itself have so often and so earnestly directed attention as to that of giving to the Professorial body the conduct of Academical Educa- tion. Hitherto, however, little has been effected. In 1839, the revision of the Statutes of the University, above noticed, afforded an occasion for a general discussion of the whole question in numerous publications, by Members of the University, of which, however, the only permanent result was the endowment of a Professorship of Logic, as already related. In the New Examination Statute there is a provision, not found in any of the preceding Statutes on the same subject, imposing, as a necessary condition, on all candidates, attendance on tw^o courses of Professorial Lectures. In itself this provision is almost nuga- tory ; but as tlie recognition of a want it is important. More recently, since Your Majesty’s Commission w^as issued, the Hebdo- madal Board brought forward a measure which had for its object the appli- cation of 23,000^. out of 60,000/. (handed over to them by the Delegates of the University Press), to increase the endowments of those Professorships of which the value w'as below 300/. per annum. This Statute, though some portions of it were at first rejected, has since been passed by Convocation. To represent fully the feeling in Oxford in favour of creating an effective Professoriate w'ould be to reprint a portion from the Evidence of almost every gentleman wlio has communicated Avith us. And we have the satisfaction of observing, that tlie Hebdomadal Board, in their letter to the Chancellor of the University, acknowledge “ the combination of the Professorial and Collegiate “ system,” to be “ most important and most beneficial.” Our conclusion therefore is, that for any healthy and complete scheme of University Reform, it will be necessary to re-construct the Professorial system, to procure for tlie Professors ample endowments, to raise them to an important position in the University, and to call to their aid a body of younger men, under tlie name of Lecturers, in order that the supremacy of Learning and Science may be duly recognised, that the permanent services of able men may be secured for Academical purposes, and that the Education of the place may be conducted on general principles acknowledged and authorised by the University. We noAV proceed to suggest the chief means by which the Professorial system may be restored and enlarged, and to point out the chief obstacles, by which its efficiency is hindered. The number of new Professorships required, and the increase needed in each department, may best be considered in relation to the several Schools into which it has been proposed to divide the higher Studies of the University. The Professors in each of these Schools, may for this purpose be conveniently distributed into distinct Boards, called by the same name. I. The Board of Theology, consisting of six Professors, including the Chair of Hebrew, is sufficiently provided for, in numbers, in distribution, and, it may be added, in endowment. H. The Board of Mental Philosophy and Philology may best be con- sidered in reference to the two departments into which we have recommended that it should be divided. (1.) The School of Mental Philosophy is at present “very inadequately “ represented by a Professor of Moral Philosophy (elected for five years “ only), a Professor of Aristotelian Logic, and a Professor of Poetry’ (also elected for a term of five years). One or more additional Professorships are needed to carry on the researches of Moral and Mental Science, in a manner worthy of the University of Locke and Butler. The present Professor of Moral Philosophy says: — Two Professorships would, I think, be sufficient “ for the purpose. I should prefer, however, seeing one new Professorship “ created, which should be called the Professorship of Mental Philosophy, “ and the present Professorships of Moral Philosophy and of Logic retained as “ Sub-Professorships,” so that they would divide between them the whole domain of the intellectual and moral powers, together with the History of Philosophy. The particular department of lecturing on the principles of Taste and Criticism should be assigned to the Professor of Poetry, and with him should be associated a Lecturer on Art, especially that of Greece. The stipends of the existing Professors are wholly inadequate to secure a succession of able men devoted to learned pursuits. REPORT. 103 (2 ') The School of Philology would include Classiral, Orient^, and Modern lan<-uages, and would he represented by the existing Chairs ol Greek, ol San- S of Arabic, and of “the European Languages.” None of these Profes- sorships (with the exception of the Sanscrit) are adequately endowed. As one Chair of Arabic would supply the demand in that depaitment, two existin? that there should be, at least, two Professors in the wide field of ^iod^ein History one for the History of England only. The creation ol a second Chair miirht ^however, be postponed till it was seen whether there was sufficient demand for the teaching to justify the outlay. Provision for Lectures on International Law. None of the existing Piolessoiships aie properly endowed, except perhaps that of Civil Law. It is necessaiy, o - ever for us to call attention to the Evidence ol Dr. Phillimore, who points out that,’ by what appears to have been an inadvertence ol an Act passed during Evidence, p. isi. thfiast Session of Parliament, the Chair of Civil Law is in imminent danger of losing the great bulk of its emoluments. p„ must he considered !''■ mathematical and IV. The Board of Mathematical and Physical Science must be consiaeiea, science. like the Second Board, in reference to its two departments. (1.) The School of Mathematical Science would be two ^vilian Professors of Geometry and Astronomy. That these two Cha are inadequately endowed, and that lapse of time and change ol stences. ha\e set the letter and the spirit of the Founder’s will completely at variance Of this we shall say more piesently. n/r i j.* i t To these Professors should he added a Teacher of the MathemaW which regulate the phenomena of external Nature commonly ^ ^ Applied Mathematics. This department might be assigned ^ Professorship of Natural Philosophy, which is also very insufficiently the School of Physical Science there are already a large number of Professors ; but almost all of them are inadequately endowed, eonsiderin work which will be required of them, if these Studies are (as we expect Biey will be) extensively pursued. The present Professors are : the Regius P fessor of Medicine!^ 4o, by the will of the Founders, also Isolds the t^ Lectureships of Anatomy ; two other of Medicine, Experimental Philosophy, Chemistry, Botany, Geology, an . , (.vypU theL Chairs we beg to suggest the following arrangement, which is boiiowed, with some modification, from the the Evidence of Dr. Acland — The Regius Professor of Medicine, with its associated Chairs of Anatomy, should refeive the title of Regius Professor of Medicine An^ and should devote himself wholly to the study and teaching X^qain^ental Comparative Anatomy, as being the most iinportant Sciences which Medical Students could be taught at Oxford. This ^ Evidence, p. (says Dr. Acland) “should teach Human Physiology “ and Zoology and Comparative Anatomy at another. He should be “ responsible^ for the Anatomical Museum, and should have powei to app “ a Lecturer in Anatomy, if he should desire to be relieved ^^y «f “ lecturing on Descriptive Human Anatomy. The lecturer might be a » dent Physician or Surgeon in practice in the city, who would, m his youi ^ “ days, gladly undertake this office for a very moderate salary. , . . The two minor Professorships of Medicine (ClinicM A ric i ) , be combined into one Professorship of Medicine Pathology, “d^ on a Physician, who should “ teach those parts of Genera 237 . 104 OXFORD UNIVERSITY COMMISSION. Evidence, p. 100. Evidence, pp. 188, 189. APPOINTMENT OF PROFESSORS. 1. PROFESSORS] APPOINTED BY THE CROWN. Evidence, p. 89. Evidence, p. 18. 2. PROFESSORS KI.ECTED BY CONVOCATION. Evidence of — Prof. Browne, p. 6. Prof Walker, p. 22. Mr. Jowett, p. 38. Mr. Wilkinson, p. 81. Mr. H. Cox, p. 9.3. Mr. Temple, p. 129 . Mr. Congreve, p. 1.5.3. Dr. Twiss, p. 1.5G. Dr. Macbride, p. 221 . 3. PROFESSORS ' APPOINTED BY UNI- VERSITY DIGNITARIES. “ M’ould 'prepare the Student for pursuing liis clinical studies in the metropolis “ or other great cities.” He “ should be at liberty to follow the practice of his “ profession, or he one who had extensively engaged in it, ivithout which he “ M ould hardly command the confidence of his colleagues or of his pupils, or “ possess the practical knoMdedge which alone can teach him the real wants “ of the Students. “ The Professor of Physiology should he required to confine himself to the “ duties of his Chair and of his Museum, in order that he miglit keep pace “ Mutli the progress of his science.” Tlie departments of the other Professors in the Natural Sciences are suffi- ciently indicated by their titles, and call for no remark. Mr. Strickland pro- poses the creation of a separate Chair of Zoology. The necessity of this Mmuld Idc obviated if Dr. A eland’s suggestion M”ere adopted, and especially if the pre- sent Lee’s Readership in Anatomy could be made available for University purposes. As to the apparatus and other matters necessary for the successful discharge of Professorial duties in these departments of Science, we refer to the Evidence of Mr. Maskelyne. One of the most important and at the same time of the most difficult pro- blems in the revival of a sound Professorial system, is to find a guarantee for the appointment of fit men to fill the office. The present modes of appointment are various. Professors are appointed — 1. by tlie Crown ; 2. by Convocation ; 3. by limited bodies within tlie Univer- sity ; 4. by limited bodies external to the University. 1. The Professors appointed by the Crowm are ; — the Regius Professors of Divinity, of Pastoral Theology, of Ecclesiastical History, of Hebrew, of Civil Law, of Medicine, and of Modern History, and the Readers in Geology and Mineralogy. This mode of appointment has, on the whole, been bene- ficial to the University. “ The Prime Minister sustains,” says Professor Vaughan, “ a m^ eight of public responsibility, such as must, in general, place “ the temptation to do his duty above all others.” Mr. Senior observes to the same effect : “ The Executive is, perhaps, not a remarkably good distributor of “ small patronage. But as important patronage, when exercised by so con- “ spicuous a person as the Prime Minister, cannot now be given except on “ public grounds, w^e are not likely to have any Administration strong enough “ to make obviously bad appointments.” A striking proof of this may Tdo found in a comparison of the list of those who have occupied the Regius Profes- sorship of Divinity, which, at Oxford, is in the gift of the Crown, with the names of the Margaret Professors of Divinity, who are appointed by the Graduates of Divinity. Whilst the former catalogue contains some of the most eminent men in English Theology, the latter comprises, Cheynell and Randolph perhaps excepted, not one whose works or whose names have outlived his own generation. It should be remembered, as an apology for the occasional appointment of inferior men by the Crown, that where none are eminent it is difficult to say m4io is fittest. But when many study a subject, and there is a demand for able Teachers, we may hope that this difficulty at least will disap- pear. Still it is not to be denied, that a recommendation to vest all appoint- ments to Professorships in the Crown would be open to such objections as naturally arise from the chance that a Prime Minister may be indifferent to the interests of education, or unwilling to incur odium by an unpopular nomination, or may be swayed by political or ecclesiastical partisanship. 2. The Election by Convocation is, by almost all who have spoken on the subject, condemned as the worst mode of appointment. The Professorships thus bestowed are those of Sanscrit, of Anglo-Saxon, of Poetry, ol Common Law, of Ancient History, of Political Economy, of Chemistry, and two smaller Professorships of Medicine. We do not deny that persons of great eminence have sometimes been appointed. But election by a popular and irresponsible body is altogether improper in the case of offices like those of Avhich Ave are treating, especially v.dien the electing body is so large, so fluctuating, so liable to heterogeneous influences, local, personal, collegiate, political, and theological, as the Convocation of Oxford. 3. Another mode of appointment is that by small bodies of individuals Avithin the Universities. REPORT. 105 The Mai’O'arct Professor is elected by the Graduates of Divinity, ^^'hen thp superior Deforces implied real knowledge, this mode of appointment was natu J BacMors ol' Divinity were the proper hearers of the Professor ; and in early times the hearers were in the habit of seketmg then leadier. At present, as we have seen, these Degrees are mere forms, and are lor le most part taken by those only who are compelled to do so by their College Statutes. This body of Electors, therefore, is as little select as Convotation, thouffh more limited in number,— with the additional disadvantage, that con- dstinb- wholly of Clergvmen, it is still more liable to be swayed by prolessional or pa?ty feeling; and inasmuch as the Electors, for the most paid belong to two or three Colleges, the Election is. in fact, confined to those Colleges. The Ireland Professor of Exegesis is elected by the Heads ^o»ses. As only one election has taken place (that of the present Provost of Oriel in 1847) to this Chair, and as this is the only nomination to a I rofessorship in the gift of the Heads of Houses collectively, it would be premature to offer an opinion on the advantages or disadvantages of such a mode of patronag^ ^ The Professor of Natural Philosophy is elected by the Vice-Chancelloi, the President of Magdalen, and the Warden of All Souls ;-the Professor of Moral Philosophy by the Vice-Chancellor and Proctors the Dean of Christchurch, and the Presidents of Magdalen and St. John’s the Professor of Arabic by the Presidents of Magdalen and St. John’s, and the Wardens of New College All Souls, and Merton ;-the Reader of Experimental Philosophy by the Vice- Chancellor the Professor of Music by the Proctors Lee s Reader in Anatomy (whose Lectures, though properly Collegiate, the University has recently recognised as Academical) by the Dean of Christchurch; the Pro- fessor of Modern European Languages by the Curators of the lay lor Institution. All these modes of nomination (except the last named) are more or less ob- jectionable, as being in the hands of persons whose offices give them interest in the appointment of the fittest Candidate, and most of whom aie exposed to the influence of College feeling, hitherto the bane of Oxford elections Whatever objections have been raised against the appointment of Examiners by the Proctors, have still more weight against their appointinent of Professors. As an instance of the abuse to which such elections are liab e, it mav be mentioned that the Chair of Moral Philosophy was virtually sup- pressed from 1673 to 1829, by the custom of giving it to the Senior Proctor, himself being one of the Electors. .. p -o 4 The fourth existing mode is that which vests the appointment of 1 lo- fessors in the hands of limited bodies of eminent persons, external to the University. Of this the only instances are the Savilian Professms, who ai Xted by certain great officers in Church and State, and the Professor of BotLy who is appointed by the College of Physicians. The names of -Briggs, Wallis, Hffiley, Wren, Gregory, Keill, Bradley (says Mr. Temple) “ show how carefully the selection has usually been made, and prove t success of Sir Henry Savile’s experiment. . , tt • These are the modes of appointment actually existing m the University. The first and last are, on the whole, strongly recommended in the Evidence the second and third are strongly condemned. Yet to vest all the nominations in the Crown and in great officers of Church and State, would be unsuited to the character of the University ; and it is undoubtedly d^iruMe tto some at least of the appointments should be m the hands of ‘he Un verauy t c^ Moreover, a variety of modes offers the guarantee of a mutual clieck, and opens avenues of advancement to some persons of merit, who might be ovei- looked, or be set aside for religious or political reasons. A similar opinion n as expressed in strong terms in some of the Evidence submitted to Your Majesty s Commissioners of Inquiry into the Universities of Scotland. It that the division of patronage at Edinburgh between the Crown and Tow Council incited both one and the other to select the fittest ’ and t^ the appointments of the Town Council, being made on the advice of i eisoiis best qualified to judge, often proved better than those of the Crown .itseR We are, therefore, disposed to recommend a variety in the nominations to the Chairs at Oxford. The appointment to new Professorships should, we think, be vested in the Crown. But we would leave the present patronage in the hands in which it is now lodged, except in those cases where the mode ol 4. PROFESSORS appointed by great OFFICERS OF CHURCH and state. Evidence, p. 129. REVIEW OF THESE DIFFERENT MODES OF APPOINTMENT. Report on Univ. of Edinb., Evidence of Prof. Leslie, p. 153. Mr. .Jeffrey, p. 3S9. Mr. Thompson, p. 410. RECOMMENDATIONS WITH REGARD TO THE MODES OF APPOINT- MENT. P 106 OXFORD UNIVERSITY COMMISSION. TO BE LEFT AS THEY ARE, except — ELECTION BY CONVO- CATION BY THE HEADS OF HOUSES AND BY THE GRADUATES OF DIVI- NITY TO BE TRANS- FERRED TO THE RE- :modelled congrega- tion. Compare Evidence of SirC. Lyell, p. 123. APPOINTMENT TO LECTURESHIPS. 3. REMOVAL OF RESTRIC TIONS ON PROFESSOR- SHIPS. appointment is manifestly open to grave objections. That such is the case with regard to the nominations by Convocation is universally acknowledged. With regard to tliese we have already expressed our opinion that they should be transferred to the House of Congregation, constituted as we have recommended. Such a body wmuld really represent tlie University at large, in the best sense of the Avord ; Avhilst liy its more select character it would be free from the more serious evils Avhich beset a popular academical assembly. If, hoAvever, these evils, Avhich no doubt must be found to some extent Avhenever Elections are entrusted to a large body of Electors, should be thought to impair the chance of fit appointments, it will be easy to provide a remedy by entrusting such duties to a Delegacy, permanent or fluctuating as might be thought desirable. With regard to the appointments by small academical bodies, though the constitution of those bodies for such a purpose is, as we have seen, open to grave objections, yet most of the Professorships vested in their hands are not important enough to be Avorth a change. But Avhere these Professorships are increased in value by grants from the University, the University ought to claim a voice in their appointment. The same may be said of the Lee’s Reader in Anatomy. The Margaret Professorship of Divinity, and the Ireland Professorship of Exegesis, being of greater importance than those to Avhich we have just referred, seem to form exceptions to this general rule. The appointment to tlie former of these Chairs ought certainly to be removed from a body open to the strong objections Avhich may be urged to that of the Graduates of Divinity, as at present constituted. The most obvious change Avould be that this Pro- fessorship sliould, like those of Avhich the nomination is noAv vested in Convoca- tion, lie transferred to the remodelled Congregation. The same rule might be folloAved Avith regard to Dean Ireland’s Professorship. ’\\dth regard to the appointment of the Assistant-Professors or Lecturers, of Avliom Ave spoke aliove, Ave are of opinion that this should be vested not in the Professors themselves, but in the Boards Avith Avhich they Avould be re- spectively connected. We propose that the Lecturers once appointed should themselves be Members of the Boards jointly Avith the Professors. This mode of appointment Avould be secure from undue influence on the part of the Professors, and Avould therefore promote a Avholesome competition betAveen the Lecturers and the superior Teachers. The Congregation should deter- mine Avhen neAv Lectureships of this kind were needed, and Avhen they should lie discontinued, so as to prevent the creation of these offices from personal or other iniAvorthy motives. The first appointments, hoAvever, to Lectureships, before such Boards Avere fully organised, Avould be Avith advantage vested in the CroAvn absolutely. We next proceed to speak of restrictions on the office of Professors. Nine Chairs appear to be entirely open, namely, those of Astronomy, Geometry, Natural Philosophy, Arabic, Ancient History, Music, Chemistry, Sanscrit, and that of the European Languages. But the holders of the two last-named Professorships must be matriculated Members of the University at the time of their admission. All the other Chairs in the University are subject to limitations, Avhich in some cases, hoAvever, are slight, such as the necessity of having taken a Degree either in Arts or in the Faculty to Avhich the Professorship relates. Some are loaded Avith restrictions of great minuteness. The most remarkable are those imposed by Dr. Rawlinson on the Chair Avhich he founded for promoting the study of Anglo-Saxon. It is bestoAved by Con- vocation; it becomes vacant every fifth year; it must never be given tAvice successively to the same College ; and the fifth turn is reserved to the Founder’s College, St. John’s. It cannot be held by any married man ; by any native of Scotland, Ireland, or any of the Plantations abroad, nor by any of their sons ; nor by any member of the Royal or Antiquarian Societies. Several of the Professorships, Avhich are otheinvise unrestricted, lose much of tlieir usefulness by the precariousness or the shortness of their tenure. This remark does not apply practically to the Professor of Music, though he is to be elected annually ; nor to the Margaret Professor of Divinity, though he is elected every tAvo years ; for in these cases re-election is not prohibited, and the offices are usually held for life. It may, hoAvever, be stated that some years report. 107 ac^o, when pavty feeling ran high in the University there was an apprehension tVit the Mai-o-aret Professor would not be re-elected. u i • i ‘•^The Professor of Poetry is elected for five years, on the expiration of wh.cli tin!e L mayT and has iisnally been,.re-elected for a second term ol five vears but never for more. The Professor ol Political Economy is elected loi re'^ears, and is not re-eligible till Ve^ Professor Tf Srir Plito^hr- rbe^liffi^^^^^^^^ but cannot be re-elected except for som^ grave and urgent cause. The merits of the piesent Pio csso have been rerarded by the Electors as justifying his re-election. ’'Th^t^ctlons 'are exceedingly various. Some are hard y more tlmn Tinminal • whilst others, such as those imposed on the Chairs oi iVloial i losophy and Anglo-Saxon, combined as they are with a scanty endowmen , seriouslv impede the usefulness ol the Professorships. r r> nv It is evidently desirable that no qualification lor the office of Public Teadiei in the University should be recognised but that of character and fi ness solemn injunctions of Sir Henry Savile show the spirit which ought to to proceed forthwith to the choice of a new “ Professor (conformably to the conditions and d^^alifications above “if a proper Professor can be immediately found, or rathei (if “ o-oodf they may wait for a certain time, say six or eight months, until they “ Snderstand, from messengers sent by means and IhiivershiL “ Secretary or otherwise, to foreign nations, whethei in i “ beyond s^e’a, or beyond their walls, any eminent mathematician can be aHm-e “ Se ward by our terms to undertake the Professorship and tl.e co ts lor “ the above puniose are to be defrayed out of the proceeds accruing during varancies.^^oujd ^11 humility beseech the above most “ men to elect, without any regard to retainership and "'‘bout ^ “ nation of Universities or Nations, those persons alone whom they deem best “ qualified to meet the requisitions of the office. Yet Sir Henry Savile himself imposed restrictions on the ( nnmv and Geometry which have in some degree limited then useluines . The prohibition against holding any which seemed a natural mode of securing the ^ fessors, acts as a serious inconvenience by confining them of endowment which are now inadequate to furnish a propei me . p / f . the Savilian Statutes, in this matter, may easily be mav devote his whole time to the duties of an unendowed curacy, thoUj,n S not ho d r College Fellowship. This restrietion, then, might well be Sed, even the sflary were ineVeased. It is not long since one ol ttee Professorships was resigned, because its emoluments were not sufficient to com- SnsatTtS of his Fellowship. Other restrictions m these Statutes have, from the necessity of the oa^e, been habitually dia^^^^^ What is true of Sir Henry Savile’s Chairs is true of all ^nose w iic i ai c shackled in like manner. If the wishes of the Founders are to he fulfilled, the 1 pf fpi* of fVlGll’ Wills IXlUSt 1 )G set cLSkIg* t • j a! 1 -4-1 Few Professorships are restricted absolutely to British subjects ; though ^ i condlLn imposed I most cases, that the holders Univereity, commonly amounts to such a restriction. No doubt Unglislimen and Members of the University must always have ^ competing with Foreigners;, and, inasmuch as congeniality bet've™® be a and his Mdience is a qualification ol some importance, it would not be a matter of just complaint that some preference should be S'™'' countrymen. Still Foreigners ought not to be exc u e ’ . . -j. in full conformity with some creditable precedents m the y'*'™ y trious men were from time to time attracted Irom o ler • go further back than the Keformation, we may instance the Regius Professorship of Divinity to Melancthon, and its acceptance bf Martyr, an Italian.Sn 1547; the election of to the Chair of Greek at Corpus Chrirti College, in 7 , Dillenius Gentilis, an Italian, to the Chair of Civil Law m 1587, that ol^Uillumis, 108 OXFORD UNIVERSITY COMMISSION. Evidence, p. 37. 4. GUARANTEES FOR THE ACTIVITY OF THE PROFESSORIATE. 5. INCREASE OF THE INCOME OF PROFESSORS. Advancement of Learning, Works, vol. ii. p. 94, ed. IMontagu. a German, in 1728, to the Chair of Botany, — in which, but for the opposition of Sir Hans Sloane, Linnaeus would liave been his coadjutor. The newly- created Chair of European Languages was offered to M. Guizot; and its duties have since been discharged by two accomplished Foreigners. In such cases, Subsciiption to the XX.XIX Articles, which, as we before observed, is nowhere, except at the Universities, imposed on lay members of the Church of England, could not with pro]iriety be required of Professors. It Avould appear from Sir Henry Savile’s will, that, inasmuch as Foreigners, elected to liis Professorships, are not required to be Masters of Arts, they are exempt from the necessity of Subscription. And, indeed, as is observed by Mr. Jowett, “ there seems to be no reason to fear in scientific men any peculiar “ hostility to our Ecclesiastical Institutions, while on the other hand, their “ habit of mind renders them averse to such restrictions It would be of “ little use to multiply Professors of Physical Science, if such men as Liebig “and Faraday were liable to be excluded.” The Statute which forbids all I lofessors to impugn the faitli of the Church of England, directly or indirectly, in their Lectures, wmuld be justly retained in regard to such Pro- fessors, as well as all others. On tlie wliole, then, we must recommend that no Professors should be sub- ject to regulations of any kind, except such as may be necessary to enforce the due discharge of tlieir duties. All limitations as to birth, degree, or tenure of office should be repealed. If in any case tliis be found imprac- ticable, new Professorships should be created by the side of those which are thus encumbered. To provide for the regular and active discharge of Professorial duties, specific regulations may be necessary. But it must be remembered that though Statutes may compel a man to lecture, they cannot compel him to lecture Avell ; and com])ulsory provisions commonly become a dead letter. The activity of the Professors Avill be best guaranteed by such securities and such stimulants to exertion as have been already mentioned, namely, modes of appointment as fit as can be devised, and acting as checks on each other ; — a body of subor- dinate Lecturers, who w’ould both incite their superiors to activity, and supply their place in case of neglect or superannuation ; — the interest which eminent men Avould take in the subjects of their Lectures ; — the power of increasing their salaries by fees ; — a direct share in the Examinations of the University. The University or the Legislature might require strict residence during the academical year, a requirement to be relaxed only by a permission from the Chancellor, on the recommendation of the governing body of the University. Sucli residence could, of course, be enforced only on the supposition of the increase of tlie Professorial endowments ; but it Avould, in that case, be highly beneficial, because it would secure to the University the presence of eminent men, and render it really a seat of learning. Where absence was really required for the sake of healtli, or (as might occur in the case of several of the Professorships) for tlie purposes of literary or scientific investigation in foreign countries, the necessary ])ermission would readily be granted. That the Professors should have Incomes sufficient to give them an inde- pendent and prominent position Avill lie admitted by all. At present, the Regius Professorships of Divinity, Ecclesiastical History, Pastoral Theology, and Hebrew, the Margaret Professorship of Divinity, and the Boden Professorship of Sanscrit, are adequately endowed, ranging as they do in value from near 850/. to l,800h a-year. The next in value are the Pro- fessorships of Civil Law, of Modern History, of Exegesis, of Logic, of Geometry, of Astronomy, of Chemistry, ranging from 20oL to 371/. The Chairs of Moral Philosophy, Experimental Philosophy, Chemistry, Mineralogy, Geology, and Ancient History, have been raised to 300/. a-year by the University since Your Majesty’s Commission was issued. The Regius Professorship of Greek is worth 40/. a-year. The rest do not exceed 100/. a Evils resulting from the inadequacy of such endowments may be described in tlie words which Lord Bacon used two centuries ago : — “ Here (says he) “ it followetli well to speak of tlie defect which is in public Lectures ; “ namely, in the smallness and meanness of the salary or reward which in “ most places is assigned to them, whether they be Lecturers in Arts or ‘ of Ih’ofessions. For it is necessary to the progression of sciences that “ Readers be of the most able and efficient men, as those which are ordained REPORT. 109 “ for generating and transmitting sciences, and not for transitory use. This “ cannot be, except their condition and endowment be such as may content “ the ablest man to appropriate his whole labour and continue his whole “ age in that function and attendance, and therefore must have a proportion “ answerable to that mediocrity or competency of endowment, which may “ be expected from a profession, or the practice of a profession. ... . . “ Readers in Sciences are indeed the guardians of the stores and provisions of “ Sciences, wherever men in active causes are furnished, and therefore right to “ have equal entertainment with them ; otherwise, if the fathers in sciences be “ of the weakest sort, or be ill-maintained, patrum invalidi ref event jejunia nati'* This argument is thus applied to the state of things in our own times by Professor Vaughan: — “The splendid incomes Avhich talent and energy Evidence, p. 88. “ may look forward to in the learned professions, and particularly in the “ Church, must always operate to draw away from the University many of “ its ablest men. But this difficulty should not induce us to neglect means for “ retaining and attracting great faculties to the Professorial Chairs. It cannot “ be right or wise that County-Court Judges, Police Magistrates, Secretaries “ to Railways and public Boards should receive lor the employment of tlieir “time 1,000/., 1,200/., 1,500/. per annum, while University Professors are “ asked to perform duties requiring great knowledge and abilities of a less “ common description without hall the remuneration. 1 think that there “ should be secured to a competent Professor such an incorne as will enable “ him to marry in his office, and look forward to continuance in it as the ^\olk “ of his life. The University, too, should be in a position to command the “ services of the most distinguished men in the several sciences, and to hold “ out to its members the University Professorships as rewards to a career of “ industry. The Professorship should be a stimulus to the Master, as the “ Fellowship is to the Undergraduate and Bachelor ; and when once appointed, “ the Professor should feel his position (generally speaking) to be his home “ and his destiny, so that he may continue to concentrate his interests and “ exertions upon the subject. The J utorships in the University at present “ confer an income, I conclude, of at least 500/. per annum on those who hold “ them in connexion with Fellowships, 11 the Professorships do not range “ considerably above this, the foundation ol Professorships will, in effect,^ “ simply add a certain number of University Tutors to the present staff ol “ College Tutors, and their effect on the University system will amount to “ very little indeed.” . What measures we sliall recommend for attaining this important object will appear, and in what way the College Fellowships may be made available, in accordance with ancient precedent, for the endowment of those Chairs wliich need it, will best be seen when w^e arrive at that section ol our Report which treats of the Colleges. The mode ol endowing the Assistant Professor- ships or Lectureships we shall also consider in the same place. At present, it will be enough to state our opinion, that the fixed salary ol the greater Pro- r fessorships should, if possible, be not less than 800/. per annum, and ought, where possible, to be more. This salary might advantageously be increased by the permission to take fees ; and this not only as a means ol increasing the incomes, but also for the beneficial effects which would thus be produced not only on the Professor, but also on the Pupil. “ After such payment (says Mr. Bartholomew Price), the Pupil considers the Lecture and the time as in a Evidence, p. 04. “ measure his own ; he has thus another motive to attendance and attention ; “ and though such an inducement may be slight, yet I consider ol vast “ importance whatever arouses his energies or excites his interest ; and when- “ ever such a payment were inconvenient to a Student, the Professor might “ remit it.” Changes might be necessary in order to meet an advance, or an altered dis- tribution in the several departments of knowledge. It should, therefore, be competent for the University to effect such changes. The consent ol the Crown would of course be necessary in the case of the Chairs in its patronage. What we have said applies to the general condition of the Professorial body. I A tabular statement in the Appendix will furnish a compendious view of its Appendix P. pp. 58-co. I present state. A detailed account of each particular Professorship will, in I most cases, be found in the Evidence furnished by the Professors themselves. 110 OXFORD UNIVERSITY COMMISSION. SCHOLARSHIPS AND PRIZES. SCHOLARSHIPS. THEOLOGICAL SCHOLAR- SHIPS. We have here noticed only what was necessary to make our recommendations and suggestions intelligible. Before we dismiss this branch of our inquiry, we must notice two subjects which are intimately connected with it : — the Scholarships and Prizes given for the encouragement of particular branches of literature and science ; and the Libraries, and Museums. The Foundations of the University, which are of the nature of Scholarships, are all of recent origin. The only two of which the date is anterior to the present century are the Craven Scholarships, and the Vinerian Fellowships and Scholarships. For the sake of perspicuity, we will here consider them all in relation to the several Examination Schools Avith which their subjects connect them, Avithout reference to the time of their institution. I. For encouraging tlie study of Theology, or HebreAv, there are three sets of Scholarships, the Johnson, the Kennicott, the Pusey and Ellerton. (1.) The late Dr. John Johnson, sometime FelloAv of Magdalen College, bequeathed, by his Avill, to the University of Oxford, the sum of 1,200^., to found tAvo Scholarships, the one for proficiency in Theology, and the other for proficiency in Mathematics. No person is alloAved to be a Candidate for them till he has passed his Examination for the Degree of B.A., nor after five com- plete years from his Matriculation. Each Scholarship is to be held for two years. Its emoluments are to he laid out in books, of the value of 20Z., to be chosen by the J'rustees and Examiners, in standard theological and classical Avorks. The Examiners are to be three Masters of Arts or Bachelors of Civil Law, or Graduates of the higher Faculties, and to be named by Martin Routh, President of Magdalen, during his life ; after his death by the President of Magdalen, the Dean of Christchurch, Warden of New College, Provost of Queen’s, and President of Trinity, or any three or more of these ; the President of Magdalen to have the casting vote. The first election took place in 1835. This Foundation, though so recent, is burdened with many inconvenient restrictions. The regulation for the appointment of Examiners is objectionable. It is unlikely that the same Examiners should aLvays be found thoroughly com- petent to examine in Theology and Mathematics. It is desirable therefore that separate Examiners should be appointed for each Scholarship, and that the Examiners for the Theological Scholarship should be Professors of the Theological Faculty, or persons appointed by them. . The Scholarships are confined to those Avho have not exceeded five years from their Matriculation ; and as they become vacant only once in every tAvo years, one-half of the Members of the University are excluded from becoming Candidates for them. It is a singular provision that the Prizes in both these Scholarships should consist of standard Classical and Theological Avorks. It would be more natural that, in the case of each Scholarship, the 20/. should be devoted wholly, or in part, to the purchase of expensive AVorks in each department, which a Student may not be able to obtain Avithout such assistance. (2.) The tAvo Kennicott Scholarships, and the three Pusey and Ellerton Scholarships are intended to promote the study of the Old Testament in the original language. The former Avere founded in 1831, from a bequest of Mrs. Kennicott; the latter in 1832, from a donation made by Philip Pusey, Esq., M.P., his brother. Dr. Pusey, Regius Professor of Hebiw, and the late Dr. Ellerton, FelloAV of Magdalen College. The Kennicott HebreAV Scholarships, tenable for four years, are open to Bachelors of Arts, Avho, at the time of the vacancy have not passed more than one year from the time of taking their Degree. Only one Scholar can be elected in each year. The Examiners are the Regius Professor of HebreAV and tAvo others, who must be at least Masters of Arts, nominated by the Vice- Cliancellor. The Scholar must reside tAvelve Aveeks during the first year. Each subsequent year he must produce a translation of some portion of the Old Testament, Avith notes, or a dissertation on some subject of HebreAv Lite- rature. The value (betAveen 1844 and 1848) Avas about 70/. a-year. The Pusey and Ellerton HebreAV Scholarships are tenable for three years ; REPORT. Ill I open to all Members of the University under the Degrees of M.A. or B.C.L., or to those who having taken these Degrees are not yet 25 years of age. Only one Scholar can be elected in each year. The Examiners are the Regius 1 ro- fessor of Hebrew, the Regius Professor ol Divinity, and the Loid Almonei s Reader in Arabic. Every Scholar must reside twenty-one weeks in eac^li of the first two years, and during this residence must attend the Lectures ol the Hebrew Professor. The value is 301 a-ycar. The Examiners for the Kenmcott and the Pusey Scholarships, when they become vacant together, are usually the same, for the same papers are set for both. t i j II. The Study of Philology is encouraged by the Craven, the Ireland, the Hertford, and the Boden Scholarships. . • n ^ (1.) The Craven Scholarships, founded by Lord Craven, were originally two ^^nTgave, by will, in 1647, a part of his property to endow Scholarehips at the two Universities, and the residue to redeem British captives. Ihe Barbary States having ceased to carry on their depredations, a scheme was sanctioned by the Court of Chancery for applying this fund to increase the number and the income of the Scholars, except a moderate portion which was set apart for ransoming captives, in case it should be reciuired. Accordingly, three ne\v Scholarships were created by a decree ol that Court in 1819, and weie his filled up in 1822. Idie stipend of each is now fixed at 75/. ; and their tenure terminates at the expiration ol seven years. These Scholarships are remarkable as being the only case m which a University endowment is burthened with those eleemosynary and family restric- tions, which are imposed on so many of the College endowments. The Ciaveii Scholars are to be “ poor scholars;” and Lord Cravens “next kindred, il pool, are to be preferred to all others. The preference given to poverty has been interpreted (according to a later regulation accepted from the 1 ® brother in 1649), as excluding all Fellows and Scholars of Colleges. Ihe restriction to Founder’s kin frequently prevents the Scholarship from leing bestowed for merit. In this, as in many other cases of a like kind, the practice of the University of Oxford offers a remarkable contrast with that ol the University of Cambridge. We insert a communication from the Registiaiy of that University, from which will be seen how differently the sister Lni- versity deals with the Craven Scholarships. r. r' “ The regulations of Lord Craven (brother of the Founder of the Craven “ Scholarships) in 1649, seem never to have been offered to the University ol “ Cambridge. There is no mention made of them in any of the documents in “ my custody as Registrary. I have also searched carefully, but in vain, “ among the papers and instruments kept by the Vice-Chancellor. 1 here was “ a Syndicate appointed in 1701, to draw up regulations concerning the “ Craven Scholarships. These regulations were adopted by the Senate, and “ have been in force ever since, some slight modification having been made in “ 1817 with regard to the academic standing of the Candidates. Neither in “ the regulations of 1701, nor in the Foundation of 1647, is there any clause “ against a Scholar or Exhibitioner holding the Craven Scholarship with his “ other Scholarship or Exhibition. There is, indeed, a clause that the Craven “ Scholarship shall cease whenever the Scholar attain to any prefermmt oj “ double value ; but practically no College Scholarship, or Sizarship, “ bition from a School has ever interfered with the tenure ol a Craven “ Scholarship at Cambridge. . “ The vacancies have almost always been from the time of tenure being “ over, or from non-residence : on one occasion it is stated that the late Scho ar “ had married and settled in life. There are, of course, many instances ot “ voluntary resignation, and possibly several of them were from conscientious “ feelings of succeeding to or acquiring property, which no longer entit e le “ holder of the Scholarship to be called poor, r i “ The nominations of Founder’s kin appear with us to have been excee mg y “ rare indeed. The acquisition of a Craven Scholarship has always been con “ sidered a very proud distinction at Cambridge, as there is very gi eat com- “ petition for it (80 or more Candidates), and among the persons elected are “ some of the best Scholars the University ever had to boast ol. We say no more on this subject here, except that these restrictunis oug o be dealt with in the same way as the family limitations in the Colleges, o which we shall have to speak at length hereafter. 112 OXFORD UNIVERSITY COMMISSION. The Examiners appointed in Lord Craven’s will are the Vice-Chancellor, all the Regius Professors, and the Public Orator. It is obvious that a body of this kind cannot be regarded as a fit Board of Classical Examiners. The other Classical Scholarships are ; — (2.) Four of 3U. a-year, to be held for four years, founded by Dean Ireland in 1825, for the promotion of classical learning and taste. (3.) The University or Hertford Scholarship, founded at the command of King George IV., in 1818, out of the endowments of Hertford College, for the encouragement of the study of Latin literature. It is regulated by a sclieme drawn up by the University. The first election took place in 1 834. These two Foundations at present invite numerous competitors, amounting not unusually to thirty in each year, and the distinction conferred by success is highly prized. The Ireland Scholarship is regarded as the highest honour which the University has to bestow for Classical Scholarship and Composition. 'I he Examiners for Dean Ireland’s Scholarship are appointed by the Vice- Chancellor, the Dean of Christchurch, and the Provost of Oriel ; those for the Hertford Scholarship by the Vice-Chancellor and Proctors. We have already stated objections to the appointment by the Proctors. (4). The two Boden Scholarships, of the value of 50/. each, were intended to encourage proficiency in the Sanscrit Language. The Examiners are the Regius Professors of Divinity and Hebrew, the Laudian Professor of Arabic, the Lord Almoner’s Reader in Arabic, and the Boden Professor of Sanscrit. A certain amount of residence is required, and the age of the Scholars is limited to twenty-four. The first election took place in 1833. Professor H. H. Wilson, in his Evidence, offers the following suggestions respecting these Scholarships : — Evidence, p. 11 . “ Two more Scholarships will, in the course of time, beat the disposal of the “ University, and they will bring some additions to our strength ; but, in general, “ I do not think the study owes its best advancement, or most beneficial appli- “ cation, to Pupils of the descrijition to which the limit of age, twenty-four years, “ usually confines the Scholarships. It might, perhaps, be advisable to affix no “ limit of age, but to leave the Scholarships open to members of the University, “ whatever their age or standing. The salary might sometimes be such an “assistance to the means of Bachelors or Masters, as to enable them to protract “their residence in the University for the purpose of pursuing extra-collegiate “studies. It would also, no doubt, afford some encouragement to the study if “ it w'ere made a subject of public examination under the system now adopted, “and if meritorious proficiency entitled the Student to certified distinction. “ Whatever is taught publicly in the University should, I think, be publicly “ tested.” These Scholarships, like the Professorship with which they are connected, would be rendered more generally useful, and would still continue to promote the objects of the Founder, if their purpose could be extended so far as to encourage the study of Comparative Philology, based upon a knowledge of Sanscrit. The smallness of the number of competitors who have appeared hitherto, or are likely to appear hereafter, is a sufficient reason to justify such an alteration. LAW SCHOLARSHIPS. Hf. For jwomoting the study of Law, there are: — • (1). The Vinerian Law Scholarships and Fellowships, founded in 1755. They were originally intended to supply a regular succession of Students of Common La^v, Civil Law alone having till that period been recognized either in the Statutes of the University or those of the Colleges. The Scholars are accordingly required to attend the Lectures of the Vinerian Professor. The Lectures being now rarely given, all that is required from the Scholars is resi- dence in the University. The objects of the Foundation are still further frustrated by the manner in which the Scholarships are bestowed by Convocation. We have already spoken of the mode in wdiich that body exercises its rights of patronage ; and of this the election of Vinerian Scholars is, perhaps, the most flagrant instance. It is usually carried by active personal canvassing and by combinations between Col- leges ; and on more than one occasion distinguished persons have been rejected in favour of Candidates of little merit. The purposes of the institution would be better secured if the wdiole endow- ment were converted into Scholarships, to be given to the Candidate who should most distinguish himself in History and Jurisprudence. The Scholarships should be held for a term of years only. Residence, after the Degree, need no REPORT. 113 MATHEMATICAL SCHOLARSHIPS. longer be required. The Scholarships being terminable, tlie obligation to celi- bacy would become unnecessary. 1 T fonn? ^ nr Here also ive may mention the Eldon Law Scholarship, of 200c, tenable foi three years. This Scholarsliip, however, does not, properly speaking, belong to the University. It is intended not for Academical Students, but lor Law Students in London. The fund was raised by subscription, and the appoint- ment is vested in a body of noblemen and gentlemen unconnected with tlie University, who act as Trustees of the Eldon Fund. The Scholars have always been distinguished men, and the Scholarship is very serviceable to such persons while struggling with the difficulties which beset the eaily career ol a lawyer. It may, however, be remarked, that in several instances the holders have not followed up the legal profession, and that, in consequence, the Scho- larship has more than once b^een resigned before the time at which its tenure would naturally have ceased. Similar observations apply to the Stowell Fellowship, founded in University College, by Lady Sidmouth, in honour of her distinguished father. It is probable that, if the School of History and Jurisprudence should attain a healthy and vigorous growth, these endowments would be used by the Electors to reward those who had most distinguished themsel\es in those studies. IV. Mathematical Science is promoted by several Scholarships. (1.) The Johnson Mathematical Scholarships already mentioned. (2.) The University Mathematical Scholarships. These were originally three, founded by means of a fund raised by subscription, and amounting to about 4,120^. The Foundation was accepted and regulated by Convocation in 1831. According to the original regulations, the Candidates were to have passed the Examination for the B.A. Degree, and to be under the standing requisite for the M. A. Degree : the Scholarship was to be held for three years from the day of election, provided the Scholar should reside fifteen weeks in each of the two academical years next following his election. The Trustees of the Scholai- ship are, the Vice-Chancellor, the two Proctors, the Savilian Professors, the Sedleian Reader, and the Reader in Experimental Philosophy. The Trustees were left at liberty, with the concurrence oi Convocation, to make such altera- tions as circumstances should require. Accordingly, in 1844, owing to a recommendation of the frustees^ and a stron®" opinion expressed by various persons interested in Mathematical Soience, a change was made in the regulations. Instead of three Seholarships, tenable for three years, open to Bachelors of Arts, and of the value ol 50/. a-year each, four Scholarships were noAV founded, two Senior of 40/. a-year for Bachelors of Arts, and two Junior of 30/. a-year for Undergraduates of not more than two years’ standing, each of these Scholarships to be tenable for two yeais. q*p 0 i* 0 ason for the change above specified was that few Candidates piesented themselves for the Scholarship as originally instituted. For the Junior Scho- larship, as now established, there are commonly about twenty Candidates, and this Scholarship appears to have been very useful in encouraging the study of Pure Mathematics. There are seldom more than two or three Candidates foi the Senior Scholarship, and in 1843 there was only one. The number of those who study Mathematics after their degree is small ; and, as many of these read with the same Private Tutor, their comparative merits are known beforehand, and only those who think the prize within their reach become competitors. Still this Scholarship has been eminently useful in encoui aging the study of the higher Mathematics. , o i i i • It would be desirable, if possible, that the Johnson Mathematical Scholarship, which, as above stated, is now inconveniently combined with a Theological Scholarship, should be awarded at the same time and by the same Examiners as the University Mathematical Scholarships, so as to save a needless frequency of Examinations. ^ . V. For proficiency in Physical Science there are at present no Scholarships, radcliffe fellow- It may be remarked, however, that the two Radcliffe Travelling Fellowships stand much in the same relation to the Medical, as the Eldon Law Scholarship to the Legal profession ; with this difference, however, that the peculiar restric- tions as to academical standing, which were imposed for reasons now obsolete, exclude from competition for the Radcliffe Fellowships many who would be Q Ill OXFORD UNIVERSITY COMMISSION. iiviiiir' IVI1!b| plillj PRIZES. THEOLOGICAL PRIZES. PRIZES FOR COMPOSITION IN LATIN AND ENGLISH. HISTORICAL PRIZE. Evidence, p. 2 77. otherwise well qualified. The election is in the hands of the Trustees of Dr. Radcliffe’s estate. If the restrictions alluded to as obsolete, and the obligation to travel, which is now prejudicial to the professional success of a Physician, should be removed, these Fellowships might be given with great advantage to the most promising pupils of Physical Science, and might be made of signal use in encouraging the growth of the School intended to prepare young men for the Medical profession. There are, besides these Foundations, various Prizes for Compositions on special subjects. In Theology there are two such prizes. The Ellerton Prize of 20/. for the best English Essay on any theological subject, confined to Bachelors of Arts. The two Denyer Prizes of 30/. each for the best English Essay on specified Theological subjects, confined to Masters of Arts of a certain standing, and to persons in Holy Orders. The first of these is highly esteemed, and has numbered amongst the success- ful Candidates persons of considerable previous or subsequent distinction. The second, probably from the restrictions of academical standing, and of the subjects proposed, is regarded as an inferior honour, and has often not been awarded at all, no essay of sufficient merit having been sent in. The Judges are the Theological Professors, and the President of Magdalen, in the former case ; the Theological Professors, the Vice-Chancellor, and the Proctors, in the latter case. The exception often taken to the judgment of the Proctors in reference to the Classical Prizes, of which we shall speak presently, is applicable to this case also. For composition in Latin and English there are four prizes ; — One of 20/. for the best composition in English verse, founded by Sir Roger Newdegate in 1806. Three of 20/. for the best composition in Latin Verse, English Prose, and Latin Prose ; of which the two first were given by the Chancellor of the University, in 1768, the third, in 1810. The two first are confined to Undergraduates, the two others to Bachelors ol Arts. The Judges are the Vice-Chancellor, the Proctors, the Public Orator, and the Professor of Poetry. Of late years it has been customary for the Vice- Chancellor to appoint a deputy, each Head of a House recommending one in succession. Some such alteration would be highly desirable with regard to the Proctors. It is impossible to expect that these officers should be necessarily qualified to pronounce a good judgment on literary compositions. It would give greater confidence to Candidates if the proposed Profepor of Latin were to assist the Public Orator and Professor of Poetry in according the Latin Prizes, and if the Professors of History and of Mental Philosophy were to take a similar part in according the English. It must be said, however, espe- cially as regards the Prose compositions, that the value of these distinctions, and the fairness of the award, as tested by the subsequent eminence of the successful Candidates, have been generally recognised. The Arnold Prize of 40/. was founded so lately as 1850, in commemoration of Dr. Arnold, for the best English Essay on some historical subject. Ancient and Modern alternately. The Judges are the three Professors of Ancient, Modern, and Ecclesiastical History. Professor Vaughan suggests that the standing of competitors should be extended to twelve years Irom Matricu- lation (instead of being limited to eight) ; that the Prize should be awarded only once in two years (instead of every year) ; and that the successful Essays should be published at the expense of the Candidate. “ In this way (he says) “the distinction would lie increased, and Essays might be more reasonably “expected on particular subjects, such as would really enrich our know- Igd^’e. ' With regard to these Scholarships and Prizes it may be observed that, with the exception of the Craven Scholarships, they are not limited by restrictions of birth, family, or school. The only changes needed are those which we have suggested relating to the inconvenient limitations of academical standing, and in some instances those relating to the appointment ol Examiners. There are no such encouragements for the studies ol Mental or Natural Philosophy, nor (with the exception of the Arnold Prize) of History. This deficiency w'ill UEPORT. il5 be of less consequence if Fellowships should be appi-opria ed o^ the branches of Study which enter into the course adopted the Univ ersity but even then, it would be desirable that University Rewards sliould be bestowed on the ablest Students in each department. Amonc^st the incentives and means of Study at Oxford must be mentioned the libraries. the Libraries and Museums connected with the University. We will fiist consider theoLiBi^^^^^^ Library in Oxford is that founded by Sir Thomas Bodley in 1600. The Statutes which regulate this great institution aie punted at lenoth in the Appendix to the Statutes of the University : their substance is o-iven In the OxfoM Calendar. It is therefore sufficient here to observe that the Library is entirely under the control ol the University, Avhicli can, by a express provision of the Statutes, alter the original 2 The Radcliffe Library was founded by Dr. RadcliBe m 1718 and opened publicly in 1749. It does not, strictly speaking, belong to the University, as it is under the control of the Trustees of Dr. Radcliffe s estate. But if we are to iiido-e from his other acts of munificence to the University, and liom i siti which Dr. Radcliffe selected in the midst of University buildings, tneie can be little doubt that he contemplated his Library as a bequest to the U versity of Oxford. This was the view taken by his 1 ^ in, ram’s Memorials of the"^ Library, on which occasion “ the Duke ol Beaiiloi t, on bchall ol h 1 “ and the other Trustees, formally delivered the key to the Vice-Chancellor loi p. 12 . “ the use of the University and in this light it has virtually been cmisideied ever since. It has been appropriated to the reception of books on Medicine ^^^TfoTremaining public Libraries in Oxford are of less npportance, and ol some even the existence is not generally known. They are Fvidence of Mr 1. The Ashmolean Library, including the collections of Ashmol^ Wood, p. i^i. and Lister. Of this collection an excellent catalogue, prepared by IVlr. Kirt- land, has lain in manuscript for some years. 2. A small collection of books on Natural History, presented by Mi. 1 . b. Duncan and others to the Ashmolean Museum. 3. The Library of the Taylor Institution, lor Foreign Literature 4. The Library of Natural History, recently presented by the Rev. . vv . small collection of books, chiefly presented by the Rev. J. J. Conybeare, attached to the Geological Museum. . n 6. The Sibthorpian Library, attached to the Botanic jj Evidence of Prof. 7 . The Savilian Library, which chiefly consists ol books lelt by Mi ne y p Savile, Dr. Wallis, and Sir Christopher Wren. T ibra- To these may be added (though properly speaking they are Fiivate In 8^ The Library attached to the Anatomy School at Christchurch. 9. The Library of the Radcliffe Observatory. Mention must also be made of the Libraries attached to ^ ^ Libraries vary exceedingly in value. Some are of great extent. Amongst the most important may be named those of Christchurch, Queens, All Soub, and Exeter. They are dually confined to Members of the College to whmh they belong. But, In some instances, the Fellows of the College, allow the Members of other Colleges not only to have access ^ the Lfoia^^^^^^^^ but to take the books out. Such is the case, especially with Exeter LoLe . There are also two Libraries which, though not strictly belonging ^ m L versity, belong to Societies connected with it. These are the Library ol the Union Debating Society, which is in extensive use amongst the senioi a^ as the junior members of the University, and a small scienti c y reference attached to the Ashmolean Society. , t» n • v Uvr fm- iLp the bodleian library. We have already stated that of all these Libraries the Bodleian is by fai the most considerable, and to this most of the Evidence on the subject r«atcs. wages We will first state its advantages, in the of Dr. Greenhlll, ^ ■ that “ for more than eleven years he made use of the Bodleian Lib ^ ^ ' “ every day, and thus had an opportunity not only ol observing its management “ and condition himself, but also of hearing ffiimions expressed “ subject by the numerous foreign Students with whom he ^ ^ i !| 116 OXFORD UNIVERSITY COMMISSION. SUGGESTIONS FOIl IMPROVEMENT. I. MANAGEMENT BY PKOFESSOKS. Evidence, p. 268 , II. INCREASED FACILI- TIES FOR READING. “ acquainted,” and whose accounts of the regulations of different continental Libraries, he was thus enabled to comjiare with those of the Bodleian. “ The “ opinion,” he proceeds, “ expressed by these foreigners was (I think I may say) “ in every instance most favourable; and I am inclined to believe that of all the “ great libraries of Europe, the Bodleian is tlie most convenient and tlie most “ generally useful.” This opinion he justifies hj an enumeration of its advantages, — such as its size ; its ricli collection of manuscripts ; tlie facility of obtaining an intro- duction to it ; the extreme courtesy and kindness of the officers, a point almost invariably mentioned by foreigners in the highest terms ; the privacy afforded by the little studies to those who make constant use of the Library ; the printed Catalogues of almost all the books, and of a considerable portion of the manuscripts ; the facilities for obtaining the hooks or manuscripts ; the certainty of finding in the Library every book and manuscript that it possesses ; and the small number of days in the whole year on which the Library is closed, the total number (besides Sundays, Good Friday, and Christmas-day) being about thirty-two. He adds, that several of the points he has enumerated “ will appear perhaps hardly intelligible to those who are unacquainted with “ the regulations of large public libraries both in this country and on the “ continent ; but they certainly add in no small degree to the comfort of the “ Student. Some of the great European libraries enjoy some of these advan- “ tages, and some enjoy others ; but the whole of them (as far as I am at present “ aware,) are to be met with only in the Bodleian.” There is a general concurrence in the liigh praise bestowed by Dr. Greenhill on this great Lifn-ary. But several complaints or suggestions have been offered respecting it, whicli we will now proceed to consider : — I. We have in a former section of our Report recommended that the Profes- sorial Delegacy should be charged with the duty of superintending the Libraries of Oxford. This Avould not be an innovation, so far as regards the Bodleian Library. It would merely imply an enlargement of the present Board of Govern- ment on the same principle as that on which that Board was originally established. W e are spared the necessity of discussing this subject ourselves by the evidence of Professor Vaughan : — “It seems (he says) to have been the original plan of that “ great Institution, that it should be superintended by the chief Professors of the “ University, The Regius Professors of Divinity, Civil Law, Medicine, Hebrew, “ and Greek, are Curators ; probably because at the time of its foundation these “ were the only endowed Professorships of the University, But in truth the “ only method by which the purchase of books on so vast a scale, in a Library “ w'hich should embrace so many branches of literature and science, can be “ satisfactorily effected, is through superintendence of men respectively well “ acquainted with the literature of each great subject. No man can judge the “ real value as distinct from the market value of a work, hut one thoroughly “ conversant with the subject of which it treats ; and it is the real value rather “ than the market value of a book which entitles it to a place in a great Public “ Library. The librarian or the book merchant may know the one; the stu- “ dent and man of science only can appreciate the other. Catalogues and even “ Reviews cannot furnish information to be relied upon. In this way, then, only “ can the value of works be truly estimated, and the several kinds of books be “ obtained wdthout undue favour or disfavour to any line of reading. The “ appointment of the five original Regius Professors indicates this to have been “ the true spirit of the Institution. Since the foundation, large sums have beeir “ bequeathed to the Library for its maintenance and extension, and it has “ outgrown the care of so small a Committee, representing so limited a number “ of sciences. It would be well that many more Professors should be admitted “ to the superintendence, and that the Professor of History should be amongst “ these. Indeed it seems most probable that the Regius Professor of Modern “ History is omitted, simply because that functionary did not exist when the “ Foundation and its Rulers were established, and when the existing Regius “ Professors w'ere appointed its Curators. This arrangement I think indis- “ pensable to the full and symmetrical growth of that noble Institution.” H. It has been alleged by some of those who have furnished us with Evidence, that the utility of the Lilirary, however great, is not proportionate to the extent and value of the books which it contains. The most important altera- tion suggested in this respect is a relaxation of the stringent rule which forbids REPORT. 117 any books or manuscripts to be taken out of the Library. T'>e T ibrarv of Gbttin-en, and of many others on the Continent of the IJniveisity L;b;:'ri::t'cambridp and of the Advocates Library a^^ ??e:irl pimples o7forrLeTf“where\\e‘^^^^^^^^ redT«rat“^^^^^ forre that the value of a Library of relerence is immensely enhanced by t he “ certainty that every hook in the Catalogue is at all times to be lound in th “ Library ” “ Literary men (says Mr. Strickland) would pay many a frui - “ kss V sU if tltTwei^ to be told that the book which they were in quest of o vTs ISi ’then afa remote country parsonage, but would be returned as so» as “ its borrower had done with it.” “ Such a rsavs Professor Vaughan) would upon the whole, I think, tend to deleat tl ^ Vearob 7ete orsrmh an institutiom It is not an uncommon >-b>t o gener^ “ headers who take books out of lending libraries, to defer or mteiiupt the “ nerusal of them, and to retain them sometimes after they have abandone 1 “ serious intention of studying their contents^ But ""‘I®'’ “permission to all Masters of Arts to make use of the Libiaiy n this wi^y “ mio-ht so materially diminish the number of books on the shelves, that “ disappointment would be felt by those resorting to library m ordei to “ vend and consult, and even those who desired to exeicise then piiyiie^e oi “ takino- the books away would very often find their claim anticipated an “ nullified by others. However desirable, therefore, it may be in some ^ “ of view to give to ail a privilege of this description, yet with so many ^^laimants “ ?oi thl exercise of it,"^each might, I think, be found to “ would gain. I speak after some experience of lending libiaiies. i we may add the weighty testimony of Niebuhr, who, when resident m the University of Bonn, complains : — “ It is lamentable that I am lieie muc i n ois “ off for Loks than I was at Rome, where I was sure to “ the Library, because no books were ever lent out; heie I find that just t “ hook which I most want is always lent out. ■ • We admit the cogency of these objections to an indiscriminate permission to take out books. Still we cannot but think that the inconveniences ^he present rules might be mitigated, partly by relaxation ol these rules, paitly by ""^TXokrand^vmiMan^^^^^^^^^^ tlS partiM p.; mission su-ests that, “ in order to prevent the abuse or too frequent use of tin. “ nrivilegej'the special permission of the Curators might be require , oge lei “with a deposit to ensure the safe and punctual return of the volume boi- “ rowed ” He adds, “ As an illustration at once of the exceptional cases n hid “ I have in mind, and also of the greater liberality in this respect “ Libraries, I mily mention that I once had inmy house for seveml weeks t ee “ of the Arabic Manuscripts belonging to the public Library at Leyden, n nc h “ were of very great use to me in a work I was then engaged upon, and nliich “ as I could hardly have gone to Leyden myself, I should not otheiwise hav “ had an opportunity of consulting.” . • w i “I . suo-gest (says Professor Vaughan) that provision might be made “for aiding those Professors in their studies who must depend entirely upon “ books for the investigation of their subjects. Either some reading-room snou ^ “ be provided for them in connexion with the Bodleian Library, oi tl. y “ should be permitted, under proper restrictions, to take books home ^ “ houses and lodgings. For this last method a precedent has been established “ in the case of the Anglo-Saxon Professor. A considemble donation o “ Anglo-Saxon works was made to the Bodleian Library by a benefac or o^ “Institution, on the express condition that the Professor of Ang o-^^axon “ should be at liberty to take them out as often as he might require to do so. “ It might (he adds) be practicable to lend on such conditmns as would “ secure the appearance of any volume which the necessities of others mi gut Evidence of — Sir E. Head, p. 161, Prof. Wall, p. 154. Evidence of Mr. Strickland, p. 101. Evidence of Prof. Vaughan, p. 269. Niebuhr’s Life and Letters, vol. iii., p. 57. Letter dated from Bonn, Oct. 4, 1823. 1. PERMISSION TO TAKE books out under CERTAIN RESTRICTIONS. Evidence, p. 228. Evidence, p. 269. 118 OXFORD UNIVERSITY COMMISSION. 2. DUPLICATES. Evidence, p. 221. 3. ANNEXATION OF A HEADING BOOM. Evidence of — Prof. Donkin, p. 108. Mr. Jowett, p. 39. Mr.Strickland,p.lOI. Dr. Greenhill, p. 228. 4. INCREASED ACCOMMO- DATION IN THE LIBRARY. Evidence, p. 150. Evidence, pp. ,39, 108. 5. VISITATION. 6. INCREASE OF THE STAFF OF SUB-LIBRA- RIANS. 7. A MORE GENERAL USE OF OTHER LIBRARIES IN OXFORD. Evidence, p. 105. “ call for. We have now within the University a class of men from whom “ knowledge at first hand is required, Avho have special branches of learning “ devolved upon them, the cultivation of Avhich in some instances can he carried ‘‘ on hy means of books only, and for Avhom the University has provided no “ means of supplying themselves Avith the raAv material of their Avork. Straw “ should be furnished as Avell as clay for such labourers in the great Avork of academical edification. Each Professor then, I think, might be empoAA^ered “ to take out Avorks in the prosecution of liis studies, from the Bodleian. It “ might be attached as a condition, first, that no book should ever be taken out “ of Oxford during the Term ; and secondly, that each hook so taken out should, “ on due notice from any Member of the IJniversity requiring the use of it, be ^ returned to tlie Bodleian for the purpose of reference and consultation for a “ certain time. This last arrangement could easily he carried into effect, — ‘ inasmuch as from the department of each Professor being Avell knoAvn, and “ from his residence also being generally knoAvn, it Avould be very easy, Avith “ the aid of an entry-book, to ascertain Avith Avhich Professor the book might ‘‘ be, and Avhere lie AA^as to he found. The general position and duties of the Professor surely Avould go far to rescue this privilege from any invidious ‘‘ appearance ; and it Avould he further justified by the relation of the Professors “ to the Library itself, of Avhich they Avould be unpaid Curators. But Avhether ‘‘ this scheme be approved or not, I would still suggest that the Bodleian “ Library should be more completely furnished Avith means for entertaining “ readers than its present arrangements secure or permit.” 2. It is suggested by Dr. Macbride that duplicates should be alloAvcd to cir- culate freely. In this suggestion Ave concur. 3. Professor Donkin and others propose that the hours allowed for reading should be extended, and, as an almost necessary consequence, that a reading- room sliould be annexed to tlie Library, in Avhich books might be read after the Library itself Avas closed. This Avould to a certain extent meet the case of the College Tutors ; and also, as Dr. Greenhill justly observes, of foreigners or other strangers Avho often come “ to reside for a time at Oxford, at a heavy expense, “ for the sake of consulting the volumes in the Bodleian, and Avho naturally “ Avish to finish their Avork as soon as possible. In these cases (especially if they “ come in the Avinter months) it is a very great hardship that they are not able “ to use the Library for a greater number of hours than at present.’’ 4. Increased accommodation might, it is argued, be given in the existing Library. Some of the discomforts of Avhich Professor Wall complains appear to have been removed ; but it Avould seem from Professor Vaughan’s account that the reading-rooms and their apparatus might still be rendered more commodious. Mr. JoAvett and Professor Donkin strongly urge that books of reference should be made more accessible to all readers, whether by some alteration of the present arrangements, or by being placed in a neAv reading-room, as above suggested. “ To those,” says Professor Donkin, “ Avho are engaged in a searcli for in- “ formation on any particular subject, it is a great hinderance to be required “ to specify the particular volume they Avant out of a series of thirty or forty.” 5. The period selected for the Visitation of the Library, namely, eight days in the early part of November, is extremely inconvenient ; as the Library remains closed during this large jiortion of the full Term, Avhen all Academics are in residence. We are of opinion that the Visitation should take place, if not in Vacation, at least at the very commencement of Term, before the time of general residence commenced. 6. To carry some of these recommendations into effect, an increase in the number of sub-librarians Avill be required. The time and courtesy of the in-esent staff is taxed to the utmost. But Avith the resources which the Bodleian has at its disposal, expenditure on this and similar purposes need not be grudged. “ Its funds,” as Professor Vaughan remarks, “are very large, and it is as much “ a direct object of the Library that good books should be read as that they “ should be purchased. Indeed, I hope that it is not too theoretical to say, that “ they are purchased in order that they may be read.” 7 . We would also suggest the propriety of permitting a more liberal use of the other Libraries in Oxford. Even those Avho most strongly advocate the retention of books Avithin the Avails of the Bodleian, urge that it should be made easy to pro- cure them from the Radcliffe Library. “The class of readers there,” says Mr. REPORT. 119 8. ADMISSION OF UNDER- GRADUATES. INTERNAL ARRANGE- MENTS OF THE LIBRARIES. 1 PROPOSED INCREASE IN DIVISION OF RESOURCES. Evidence, p. 101. Stvirkland “ can never be extensive, and will be cbicBy confined to men actuiilly o entaoed ^ researches, or to members of the medical proless.on engaged in boitutuic. lill fhp evening. . • • Having mysell £faC‘dy meSe^ the’p^^^^^^^^ liberality of Exeter College in tins Undergraduates to the Bod by the LibrLies, we proceed to mrItTrSered that, according to the enummwtion ^ gwen already stated that such a benefactfons, been in versity Libraries, and a special chaia , V + r'cvilpo-pQ Rut this division At m-esent many works exist in duplicate in these two contiguous J-ibraries, “ while a still larger number of important ,'™'„ a* h£the”Bodleian, “ Works on physical science are ^ ^ the Radcliffe; &tlu-ari::“lf ih“ d to agree to “ abstain from purchasing any books which already exist in th^e othei, “ money would be saved for the same topic, “ inTL'^MdiS'Llbrn javge cYa^lnd “ shown to visitors, unless specially exchange, or other- “ “sidlardHeddiv're^ Mr, Strickland further suggests “ might also Ev.Jence, ,«^ :: -rStr-e “ StfcdnfdodLS “ of such of its printed books as are additional to ^ ^ ° t^Tccompanied by a “ be inserted in the general Catalogue A- ^ exist!” “ distinctive mark, indicating the Library or a Catalogue, Some progress, we are info^n^ed ^Trvnkrnot in the Bodleian which are to such as Mr. Strickland speaks ol, of t le would be a benefit to the be found in the College and other Libraries. It ^ ' pPsPed University and the Public if this Catalogue were completed and pubf Evidence, \). 229. Evidence, p. 102 120 OXFORD UNIVERSITY COMMISSION. Evidence of Sir H. Bishop, p. 266. 2. DEFICIENCIES OF THE BODLEIAN LIBEARY. Evidence, p. 102. The hooks and manuscripts of the smaller public Libraries before mentioned might with advantage be transferred to the larger Libraries, according to the subjects to which they severally belonged. Ihe Piofessor of Music makes some remarks on the Library belonging to his own department, to which we must call attention “ Amongst other means loi the advancement of the study of music, I know of none more important, u uorthy to be seriously considered, than the establishment of a distinct Library of Music, lyhich, from its completeness and classification, should comprise a perfect history of the progress of the musical art. It is true that copies of all musical publications, printed in this country, are, according to Act of Parliament, deposited in the Bodleian, the British Museum, &c. ; but to render a Library of Music complete, and make it really useful to Students, ^ all supeiior foreign musical works, both theoretical and practical, of every ‘‘ school and of every age, should be added to the collection The formation of such a Library . . . is by no means impossible. The Bodleian IS alieady the repository of a valuable collection of ancient musical manu- SCI ipts, which might be made a foundation to proceed upon. And when once it became generally known that a Library of that peculiar description was actually commenced, I feel confident that not only from time to time it n ould be materially increased by donations of classical music, but that, in case a small annual grant for the purpose from the University itself should be a ^ subscription would be made towards the accomplishment of the desired end. With the exception of Munich and Vienna, there is no “ such and historical collection of music existing in all Europe.” 2. With regard to the special wants of the Bodleian Library, Mr. Strickland’s Evidence is wortliy of attention : — Bodleian be regarded as a general Library, analogous to that of the ‘‘ IL-itish Museum, its most striking deficiency is certainly in the department of physical science. But if, by the division of labour above recommended, the “ literature of pliysical science were to be transferred to the RadclifFe, there “ would still remain several notable deficiencies in the especial subiects belonsino: “ to the Bodleian. “ A public Library, if its resources do not admit of its accumulating the ‘‘ omne scibile of all countries, should at least endeavour to exhaust the printed literature of its own immediate locality. On this principle the Bodleian ‘‘ ought to be a storehouse of reference on all that relates to the University, ‘‘ the City, and the County of Oxford. If it rejects newspapers in general, on ‘‘ account of their bulk, it ought at least to preserve a perfect series of all the ‘‘ newspapers published in Oxfordshire. Every ephemeral pamphlet, every local periodical, every political squib, every poetical broadside, issued in the county of Oxford, should be carefully collected, arranged, and preserved. I have no doubt that the sweepings of the booksellers’ shops in Oxford would at this moment supply a large mass of local literature, which is not extant in tlie Bodleian. A room in the Library should be especially set apart for this “ local literature, and a highly curious collection would thus be formed for the “ luture historian of Oxford to explore. “ By the present Copyright Act the Bodleian Library is entitled to a copy of ‘‘ every book published in the British dominions. As regards London, this ‘‘ privilege seems to be very fully acted upon, but not so in the case of the “ provinces. Many valuable and curious books are published in Edinburgh, “ Glasgow, Aberdeen, Dublin, Newcastle, Bristol, and other large towns, of “ which only a very small number ever find their way to the Bodleian. The “ Library might easily employ an agent, at a small salary or commission, in “ each ol these towns, to collect the local literature and forward it to Oxford. “ A still greater deficiency exists in the case of Colonial literature. Although “ the Copyright Act extends to the Colonies, no steps whatever appear to be “ taken to secure to the Bodleian those colonial publications to Avhich it is by “ law entitled. Even should it be necessary to obtain such works by purchase, “ a portion of the money laid out on foreign literature might be advantageously “ expended upon tlie many curious books which have been published in the “ different British Colonies. “ 1 he literature of the United States is almost wholly unrepresented in the “ Bodleian, except by English reprints of some of the more popular authors. The Bodleian Librarian deserves great credit for the diligence Avith Avhich REPORT. 121 “ he has collected the ‘ Transactions ’ and other periodical publications of Con- “ tinental Literary and Scientific Societies. The chief deficiencies under this “ head consist in the Transactions of Swedish and Danish Societies, and in “ those of our own Colonies, hardly any of which exist in the Bodleian. “ These scientific ‘ Transactions’ would be more appropriately placed in tlie “ Radcliffe, but as long as the Bodleian continues to procure this class of “ works, it ought not to restrict itself to the periodicals of learned societies, but “ should include the many equally valuable periodicals published by individual “ editors. Such, for instance, are Van der Hoeven s ‘ Tijdschrift voor natuurlijke “ Geschiedenis,’ Miiller’s ‘ Archiv fur Naturgeschichte,’ Meckel’s ‘ Archiv lur “ Anatomie,’ Froriep’s ‘Notizen aus dem Gebiete der Natur u. Heilkunde,^ “ Leonhard’s ‘ Zeitschrift fiir Mineralogie,’ Poggendorf s ‘ Annalen der 1 hysik,^ “ Wieo-mann’s Archiv fiir Naturgeschichte.’ ‘ Annales des Sciences Naturelles, “ Silliman’s ‘ American Journal of Science,’ and numerous others which might 1)0 in 0 ntion 0 (i “ In order to collect as far as possible the opinions of the literary public as » to the desiderata of the Library, ^a conspicuous notice should be placed near “ the Catalogues, inviting all persons who fail to find in the labrary the boo vS “ which they want to enter the titles of such works in the Desideraturn-booL “ If readers generally could be induced to do this, the Desideratum-book won “ be a valuable guide to the Librarian in making his purchases. Evidence o loi He observes further:— “It would be a great convenience it the titles of all Evidence, p. “ new books, as they come in, were briefly entered on the blank leaves oi t le “ interleaved Catalogue. At present, if a reader does not find the book which “ he wants in the printed Catalogue, he must apply to one of the attendants to “ search the manuscript slips before he can ascertain the presence ol a book, “ which often causes considerable trouble and delay. “ The printed Catalogues of the Bodleian are very well drawn up for practical “ purposes. I have only one suggestion to make in regard to them, viz., that “ the headings which consist of authors’ navies should be in a diflerent type, or “be otherwise distinguished, from the headings which express ,• and “ that the cross-references should in the same Avay be distinguished rom le flflPR “ The books in the Bodleian are greatly in want of a stamp or other distin- “ o-uishing mark. The greater part of them have no mark whatever to prove “ that they belong to the Bodleian Library ; and if they were stolen it would “ be exceedingly difficult to identify them. . i c --p . ^ 3 The Radcliffe Library is, as we have stated, under the control of the I rustees of the Radcliffe Estates. Mr. Strickland informs us, that “ during several years, “Avhen the late Dr. Williams was Librarian, the Trustees allowed the very E^idence, p. i03. “ liberal sum of 5001. a-year for purchasing books, and the Library during this “ period made great progress. But when, about seven or eight years ago, tins “Mlowance was suddenly reduced from 500/. to 200/., the result was most “ iniurious to the interests of the Library. The Librarian was compelled to “ withdraw his subscription from numerous valuable periodical works, and was “ almost precluded from purchasing any new works of importance. A request for the renewal of the grant was laid before the Trustees, signed by many distinguished members of the University, in 1845 ; but was declined, on the oTOund we are told, of the very small number of Readers who frequented the Library; and subsequently, in 1847, in consequence of some unusual demands on the Radcliffe funds. “Whether those demands have been since satisfied. Evidence, p. ioj. “ and whether it would now be in their power to renew their former liberality “ to the Library the public have no means of judging. For though the Rad- “ cliffe Trust is of large amount, and was specially destined by its I o™der to “ public uses, no balance sheet of receipts and expenditure is ever laid before “ the public. All that is known is, that the gross income is very large, and “ that the rental must have been very greatly increased of late years, in conse- “quence of the ‘Railway Town’ of Wolverton, containing nearly 2,UUU “ inhabitants, having sprung up on the Radcliffe Estates. There is, therefore, “ every reason to hope that the Trustees may soon be in a position to make “ adequate provision for the Radcliffe Library, without detrhiient to the other “ valuable Foundations which have arisen out of the Radcliffe bequests. e may also add that if a School of Physical Science should, as we hope, lie ,3. WANTS OF THE EADCLIFFE LIBRARY. 122 OXFORD UNIVERSITY COMMISSION. 5IUSEUMS. 1. THE ASHMOLEAN :museum. Evidence, p. 190. lividence, p.’ 16. 2. GEOLOGICAL AND MINERALOGICAL COL- I.ECTIONS. Evidence of Mr. Maskelyne, p. 190. Evidence of Mr. Strickland, p. 101. 3. BOTANIC GARDEN. Evidence of Prof. Daubeny, p. 17. -1. ANATOMICAL SCHOOL. Evidence, p. 283, established in Oxford, the increase of persons likely to use the Library will remove the objection formerly raised to enlarging its means. The Museums of Oxford are far inferior to its Libraries. They are : — 1. The Ashmolean Museum, built by the University, in 1679-83. “It is,” says ]\Ir. Maskelyne, “rendered classical by the circumstance that it is a “ standing monument of the vigour of the Students of natural knowledge, who “ then held their meetings in Oxford, under the name of the Philosophical “ Society, the embryo of the Royal Society.” It consists of a laboratory, of apartments for the Keeper, now occupied by the Deputy-Reader in Mineralogy, and of a small Museum “of natural and artificial Curiosities” bequeathed by Aslimole, The Keeper is appointed by the Visitors of the Museum, who are the Vice- Chancellor, the Dean of Christchurch, the Principal of Brasenose, the Regius Professor of Medicine, and the two Proctors, and is endowed, by Dr. Raw- linson’s Will, with a salary, subject to conditions as strange as those which accompanied the other bequests of that eccentric personage, — that the Keeper must be a layman, unmarried, of the Degree of B.C.L. or M.A. only, and neither F.R.S. nor F.S.A. It is, perhaps, hardly worth while to make any material alterations in the regulations of an office of no great emolument or importance. But the appointment would more properly be vested in the Professors of Mathematical and Physical Science ; and the office should be relieved from the absurd restrictions which we have just mentioned. “ By a lucky accident,” says Professor Daubeny, “the office has of late been “ filled successively by two members of the same family [Mr. J. S. Duncan “ and Mr. Philip B. Duncan], who have deserved the warmest praise for their “ exertions and liberality in the cause of Natural History. But previously to “ their appointment the Museum had fallen into great neglect, and even many “ of its valuable contents placed there more than a century before had perished “ through ignorance and Avant of care.” “ I hope,” he adds, “ it will not be “ impertinent for me here to suggest, that in this instance these injurious “ restrictions might be removed Avithout injustice or loss to any one, if the “ Society of St. John’s College, Avhose funds are charged with the payment of “ the above legacy, Avould let it be understood, that in future they Avould be “ Avilling to endoAV the Curatorship to the same amount as that Avhich Dr. “ RaAvlinson’s Will prescribes, provided the individual appointed by the Uni- “ versity, although not able to claim the salary under the conditions of the “ Will, Avas one whom they, in consideration of his character and attainments, “ shall approve. If something of this kind is not done, it may be feared that “ the Museum may hereafter relapse into the same condition from AA'hich it has “ been rescued by the public spirit of the present and the late Curator.” 2. The Geological and Mineralogical Collections begun by Dr. Lloyd, from 1690 to 1709, and increased in later years by Dr. Simons, Dr. Conybeare, but, above all. Dr. Buckland. “ Tavo rooms in the Clarendon building, Avith tAvo attics above, are assigned “ for the Geological Museum, — a space Avholly inadequate to do justice to the “ splendid collection amassed by the zeal and liberality of Dr. Buckland. A “ large portion of this collection has consequently never yet been unpacked, and “ the portion exposed to vieAV is croAvded into the smallest possible space. “ This space is further diminished by one of the rooms being also used as a “ Lecture-room.” 3. The Botanic Garden, established by the Earl of Danby in 1632. The endoAvment for keeping up the gardens and conservatories, oAving principally to the neglected state in Avhich the garden Avas Avhen it came into the hands of the present liberal Professor (Dr. Daubeny) has never yet proved adequate to meet the expenses. 4. The Anatomical School attached to Dr. Lee’s Readership in Christ- church. It is therefore more a Collegiate than a University collection. It Avill be best described in the Avords of Dr. Acland ; — • “ Of this Museum a brief account must be given, because it is the only “ Anatomical Collection in Oxford. It contains in the Osteological series “ about 1,000 preparations, of Avhich perhaps 300 are entire skeletons, ranging “ from fishes up to man. REPORT. 123 In the Physiological series about 1,700 ; in the Zoological (invertebrate “ chiefly) about 500 arranged, and as many more perhaps unarranged ; a “ Pathological series, in course of arrangement for the use of Students, intended “ to show the more important Pathological changes, and other lesser series, “ as one of Histology, &c. ^ , • . / , m ^ r “ In the extension of the Collection one object (probably that ol the “ Founder) has been kept in view, viz., to provide that which might prove the “ nucleus of a scientific Physiological School. As Oxford is circumstanced at “ present, by far the most important point, in the arrangements for education in “ the Natural Sciences, is that the attention of such ol our youth as are occu- “ pied in them should be directed to worthy objects, and into a right method “ of studying them. For this end the Physiological series has been arranged, “ as far as its limits will allow, on the plan of the Hunterian Collection ; “ and this for three reasons. , . i i “ 1st. Because this is the most important and philosophical summary and “ exposition of Physiological laws which exists. i . . “ 2nd. Because Students educated here, and made familiar from the outset “ of their studies with the extensive views of John Hunter, could not fail to seek “ and find interest, when more advanced, in the study ol his great Museum m “ London. . . • i i, xj + .• “ 3rd. Because they must necessarily become familiar with the Hunterian “ Catalogue, with Mr. Owen’s works, and other original sources of anatomical “ knowledge of the highest worth. It is perhaps worthy of remark that pains “ have been taken to obtain dissections Irom the exotic animals lound in our “ menageries, rather than from our domestic animals, in order that when oui “ Students work in earnest for Honours, in the school ol Natural Science, which “ will soon come into operation, they may be employed advantageously to them- “ selves and to the Museum, in the detailed dissection of species within every- (Jciv rcstcli.^^ 5. The Radcliffe Observatory. This is entirely under the cmitrol of the Radcliffe Trustees, and therefore not a University institution. Ihe KadcliJe Observer has, on these grounds, declined to give us information. We there- fore merely mention it in this place as being the only Public Observatoiy in Oxford. 4 - 6 A small Observatory, for the purposes of instruction, has, at the request of the present Savilian Professor of Astronomy, been fitted up at the expense of the University in a small room erected on the roof of his house. “In the “ present state of Mathematical Studies in Oxford,’ says Professor Donkin, “ the inadequacy of this room is of little consequence. But in the event ol any “ considerable increase of Mathematical Students it is very desirable that a “ more suitable locality should be provided. 7. The small Laboratory fitted up in a part of the Ashmolean Museuin. Both the Professor of Botany and the Deputy Reader in Mineralogy speak strongly of the inconvenience resulting from the absence of apparatus and other conveniences for courses of Chemistry. 8. The “ University Galleries,” for works of Art, built lately at the expose of the University, with the aid of a small bequest from Dr. Randolph. The Lecturer on Art, if one should be appointed, would naturally be added to the body of Curators. The University has received considerable gifts and bequests since the erection of the building. It would be desirable to procure a series of Casts, to illustrate the progress of Greek Art from the earliest peiiods. It may here be added that the Lecture-rooms belonging to the University are few in number, that they are not provided with desks and other requisites for Students, and that only two are capable of holding more than one hundred persons. When the audiences are larger than these rooms can accommodate, the Lectures are given either in the Theatre, or the Hall of the College to which the Professor happens to belong. . In consequence of the confessed deficiency in these respects the go\eining body of the University have for some time past meditated the building o a Museum on a large scale for the increased accommodation ol the specimens and other objects of interest connected with Physical Science, which the m- versity at present possesses or may hereafter possess, as well as for Lectuie- rooms in this and other departments of knowledge. A grant ol 30,000i. was 5. RADCLIFFE OBSERVA- TORY. 6. SAVILIAN OBSERVA- TORY. Evidence, p. 251. 7. LABORATORY. Evidence, pp. 267, 286. 8. THE UNIVERSITY GALLERIES. LECTURE ROOMS. PROPOSED MUSEUM. 124 OXFORD UNIVERSITY COMMISSION. proposed for this purpose in 1851 from the funds of the University Press, but it did not pass Convocation. We subjoin Dr. Acland’s account of this proposal: — Evidence,?. 237 . “ With a view to the efficient working of tliese various Professorships, it is “ highly desirable that a comprehensive Museum sliould be erected. The “ several collections illustrative of the various physical sciences should be “ arranged under one roof, with a proper library, reading-rooms, work-rooms, “ &c. They are now scattered over the University, and, without exception, “ confined for want of room : in but one is there a resident servant. “ Many Members of tlie University have interested themselves much in “ forwarding tliis scheme In the words of a prospectus, issued by the “ ‘ University Museum Committee’ to every Member of Convocation : — “ ‘ There is reason to expect that it will eventually include 'adequate room “ ‘ for tlie reception of Zoological, Geological, Mineral ogical, Anatomical, and “ ‘ Chemical collections, for a series of apparatus of Experimental Philosophy, “ ‘ together with lecture-rooms, laboratories, &c., for the use of the Professors ‘and Students of these several departments of Science; for the valuable “ ‘ Entomological collection and library lately presented by Mr. Flope ; for a “ ‘ general scientific library, and, possibly, for a collection of antiquities.’ “ However much I may regret the expenditure of a large sum of money in “ building, yet I feel convinced that it would he a greater waste of means to “ endeavour to improve the several buildings in Avhich the collections of “ Zoology, Mineralogy, Geology, Chemistry, and Anatomy noAV exist. Besides, “ in truth, there are no proper lecture-rooms or laboratories for Students ; and “ it is quite certain that, until provisions are made by Avhich Students can “ work practically themselves Avithout inconvenience, no real progress will be “ made by them. Notlhng Avould tend more to render effectual the neAv scliool “ of Natural Science than the consolidation of these resources of the Uni- “ versity, and the placing them thereby in that natural connexion Avith each “ other, Avhicli it is important for the Philosophical Student to apprehend “ from the outset of his career.” The folloAving Letter from Professor Liebig has been put into our hands. It Avill shoAV tlie opinion of tliat eminent iierson on tAvo points, which Ave have discussed in tlie former pages, namely, on the use of certain of the Physical Sciences as branches of Elementary Education, and on the necessity of good Examinations for giving effect to academical instruction : — “ Giessen, '2nd December 1851. “ It is not possible for me at this moment to give you an explicit ansAver “ to the question you propose, and to give full reasons for my opinion. That “ it is a requirement of our times to incorporate the Natural Sciences, as means “ of education, into the University Course, is not, perhaps, doubted anyAvhere “ except in England ; but there is only one Avay to promote the effectual study “ of the Natural Sciences, and that is to introduce them as subjects of Uni- “ versity Examination. Without Examination, all efforts are useless, and no “ scheme of instruction has any perceptible effect. “ I am supported in my assertion by an experience of tAventy-seven years, and “ I can assure you that, even among our Medical Students, the study of Natural “ Philosophy, of Chemistry, of Zoology, Avas utterly neglected, until Ave deter- “ mined to divide tlie Examination of these Students into tAvo, namely, a “ previous Examination in the Natural Sciences, and a second Examination in “ them, proper to the Medical department. When I assure you that for tAventy “ years no Medical Student at Giessen visited the Laboratory, this is a full and “ sufficient proof of Avhat I say. But immediately after the Examination Avas “ introduced .... the Students pursued their studies Avith zeal and ardour. “ I repeat it— if no Examination is introduced, the best schemes AA-ill fail, and “ Avill produce no effect; introduce the Examination, and all tlie rest folloAvs of “ itself. This leading point must first be determined.” . . . It Avill be perceived that these vieAvs fall in Avith the recommendations aa'o liave given above, for the purpose of making the Academical Course available for the preparatory or fundamental Sciences of LaAv and Medicine, Avhile Ave leave tlie strictly Professional Teaching and Examinations to those Avho are engaged in directing the practice of both Professions. REPORT. 125 IV. REVENUES. As we liave before stated, we have but little informatimi to commimicate respecting the Revenues of ' fuS wHh '“he Lcl'Iaiy to— oTa few sir'r^f :utL“ accessible to us ^TlC Press, the Estates, the Accounts, are m the which give no publicity to their proceedings. Ihe Heads of .. Te exception »f thoseCho have held the office of Vice-Chance^ and oi those who are on the Delegacies, know as little on these mattcis as tne Members of Convocation in general. Legislation on of fPe seauentlv carried on without adequate knowledge as to the Revenues ol t UmveCdy, either on the part of the body which proposes grants ol money or on the part of the body which sanctions them. arise from The Revenues of the University, as distinct iroin the Colleges, a,ist Horn several sources. I. Estates and monies in the Funds. _ , The gross annual income of the Umvei-sity arising loi ^ ^ fines, which it can apply to its general purposes, does not exceed ,w . • It is expected that the University will, in the course of ^ ^ 400/. per annum from property hitherto unproductive ; and this achht - incomimay be used as the authorities think proper. We whether any attempt has been made to improve the income of the Um^yity by running Lt leases. The rents of most ol the bnUdffi^^^^^ the appropriated to the support of Professors, the repairs ^ ^ pavment of certain Functionaries and the University Stholai ships, and so^ Indowments, held in trust for the Halls. The estates belonging to the P.oles- sorshipsof Sir H. Savile are under the superintendence of the I rofessois them- The University holds also a large amount of funded property, but the proceeds from this source are also, for the most part, applicable only to of the same nature as those whicli we have just enumerated. 1 he annual sum wliicli is not so appropriated is under 2,400/. a-year. II. The University Press. The revenue arising from the printing of Biblesand Prayer-books amounts t is said, to not less than 8,0001. a-year ; but this is not carried > J the University account. It is only when a considerable accumulation has taken place that the Delegates of the Press transfer what they regard as surplus to the University. Very considerable balances have been thus paid over during the last twenty years. On the University 60,000/. was expended, of money arising from the profits ol the 1 es . salary of the Professor of Pastoral Theology was for several years, and thcat of the Professor of Ecclesiastical History is still, defrayed from the inteiest of a fund supplied from the same source. Tim Delegates a few Y^rs sauce transferred to the account of the University a further sum of about 40,000/., - and last year 60,000/., which was part of a still larger .. , The prosperity of the Press is of comparatively recent date, though it has long possessed a share in the exclusive privilege of printing Enghsh Ihbles and Prayer-books. For many years the profits were princiimlly appl^d to tl e formation of a capital in buildings and m stock.^ It is asseited that the current expenses of the business now require a floating capital of not less than 50,000/. We believe the Bibles and Prayer Books are printed in tne best manner, and sold by the University Press at a rate so low that the public would probably gain nothing by an abolition of the monopoly. When the Delegates undertook to manage the Bible^ and 1 rayer-book di.- partment of the Press, they formed a partnership wnth certain tradesmen. This arrangement continues to the present time, and may be regarded as one chief cause of its prosperity. The University, which lor a long time n as possessed only of one-half of the business, had obtained one-eighth moie m 1841 by purchase, and has lately still further increased its inteiesd mi. The Learned Press, as it is called, or that department of the 1 ress in winch the printing of books other than Bibles and Prayer Books is carried on, is tlie sole Tiroperty of the University. We are unable to judge wliether any gross profit be derived, on the whole, from this part of the business by the University, I. ESTATES AND MONIES IN THE FUNDS. II. THE UNIVERSITY PRESS. Ikk 126 OXFORD UNIVERSITY COMMISSION. in. FEES. Stat. Univ., Tit. xi: Appendix G. 1. FEES AT MATEICULA- TION. 2. FEES AT EXAMINA- TIONS. 3. ANNUAL FEES PAID BY ALL MEMBERS OF THE UNIVERSITY. Appendix 11. 4. FEES AT GRADUATION. It is certain tliat some of the copyrights in its possession must have produced considerable returns. Some magnificent works, which are acceptable to the learned, and which would probably not have been undertaken in any other c[uarter, have come forth of late years from the University Press. The University also receives 500/. a-year from the country as a compen- sation lor the loss ol its right to print almanacks. III. Fees. It was ordered in the Code of Archbishop Laud that, “ since Fees of great “ variety and many descriptions, according to the different conditions of persons “ and degrees, are demanded on many accounts, a full knowledge and ac- “ quaintance with which is the interest of all parties, both creditors and “ debtors, inasmuch as ignorance in these particulars makes the former more “ accessible to fraud, and exposes the latter to unjust suspicions, it is enacted that tlie F ees regarding the University, and all officers and servants ivhatever, shall, after having been strictly and diligently examined and reduced into “ placarded tables, be ojienly exposed for all to see and read in the robing-room “ adjoining the Convocation House.” There they duly hang. We have caused them to be transcribed, and they appear in the Appendix to this Report. The system of Fees which this Table represents is obsolete. Flow far tlie Fees actually paid are derived from it, or liow, and in what degree, they have been altered from it, we are not able to say. The actual Fees paid are: — 1. Fees at Matriculation. The Matriculation Fees vary with the rank of those who pay them. The son ol a Prince, Duke, or Marquis, pays 13/. 15^. ; the son of an Earl or Viscount, 13/. 135. 4d . ; the sons of Bishops, Barons, Baronets, Knights, Archdeacons, Esquires, Doctors, Gentlemen, Clergymen, and I’lebeians, are charged on a gradually diminishing scale. The payment for the class last named is 1/. 105. 6d. 2. Fees at Examinations. All Undergraduates are called upon to pay Fees previously to their Exa- minations: before Responsions, I65. ; before the F'inal Examination, 215.; and before the new Intermediate Examination, likewise 215.: this makes in all 2/. I85. It is not stated in the recent Statute whether a person who shall present himself in different Terms (as the Statute permits), in order to pass in two or more Schools, will have to pay the sum of 2 15. each time that he may require his name to be inserted on the list of candidates. At present a large number of the Students give in their names more than once, either because they put off their Examination, or lose courage after the first day, or are rejected; and tliey pay the Fee each time that they appear before the Proctor. It is calculated that the amount of Fees paid previously to Examinations will amount to about 1,100/. a-year. 3. F ees paid annually by all Members of the University. The annual dues depend neither on the rank nor the wealth of the persons charged, but solely on their academical position. Their amount at this present time may be seen in the Appendix. For “Culets,” Bodleian Library, Charter, Divinity Clerk, Police Tax, Fire Tax, Public Walks, Protection of Property, Paving and Lighting, Doctors of Divinity, Law, and Medicine, pay 1/. 85. 4d. ; Baclielors of Divinity, Law, and Medicine, pay 25. 8d. less. Masters of Arts, of two years’ standing from Regency, pay 1/. I5. 8c/; other Masters of Arts, if of Colleges, pay 1/. O5. 8c/.; if of Halls, I5. less. Bachelors of Arts are called upon to pay for the same purposes as the superior Graduates, with a further sum for the Gallery of St. Mary’s Church and the Prselector of Logic ; so that their annual contributions amount to 1/. 45. 8c/. Undergraduates do not pay F ees to the Bodleian Library ; the tax paid by an ordinary Undergraduate is thus reduced to I85. 8d. a-year. Undergraduate-Members of Halls pay 4d. less. 4. Fees paid at Graduation. Here it is not birth nor academical rank which determines the variation in the Fees exacted from different persons for the same Degree. The element taken into consideration is principally wealth, or supposed wealth, though residence or non-residence, actual or contemplated, and accumulation or non- accumulation of Degrees, enter into the calculation. A Petty Compounder is one Avho has 5/. a-year of his own. In this case some trifling additions are made to the ordinary Fees. A Grand Compounder is one who has lay income to the amount of 300/., or ecclesiastical income to the amount of 40/. a-year, as REPORT. 127 rated in the King’s books. In former times Grand-Compounders, habited m a sLlet gown, pafd a series of visits (called the “ Circuit”) to various memhei;s of Congregation, and were escorted to the Convocation house by the Vicc- Chancelloi^and Proctors. The dress is still worn for ^ lew moments ; but the rest of the ceremony has fallen into disuse. A I ee is paid for omitting the ^^^For the Degree of Bachelor of Arts the Fees are, respectively, for Grand- Compounder 30/., and for ordinary persons 8/. 8,s. For the Degree of Master of Arts respectively 40/. and 15/. /■ „ The ordinary Fees for the Degree of Bachelor of Divinity are M . ; for Deo-ree of Doctor of Divinity 45/. Those who accumulate, that is, who take two Degrees at the same time, \ y ^The^^highest fee is paid by a Non-resident, Accumulating, Grand- Com- pounding Doctor of Divinity ; and this Fee amounts to 104k ^ ^ Two guineas are paid by most of the Candidates lor a Chancellors Letter, authorisino- the Hebdomadal Board to sanction, and Congregation to giant, m opposition to the spirit of the Statutes, a dispensatirai for six of the twelve Terms required in order to the Degree ol M. A. , le^dence for five other Terms being escaped, the candidate has only to h^ m^^ twenty-one days in some one Term, continuously or at intervals. 01 the e t^o guineas, about three- fourths are paid to the Chancellor s Secietaiy, and lou^ththe Graduation, 10/. for the Doctorate, and 3/. for the mferior Degrees, are duties to Government ; but the Candidates are charget oi is 10/ 10s. and 3/. 3s. respectively. . The remainder is paid to the account of the University Several items are nominally charged for exercises and other customs which have long ceased. IV. Grants from the Crown, or by Annual Vote of 1 arlianmnt. The particulars of these grants may be seen in Appendix b. 1 amount^thus received is about 1,042/. and it is wholly applied to payment of public Professors. The University is liable to heavy burdens. The Proctors receive mmually between them 700/., the Pro-Proctors 320/. The five carried to the account of the University, are paid annually 850/ I he emol i ments of the superior Bedells before a fixed salary was substituted for ^es ai e said to have been not much less than 700/. per annum. Those of the mfei Bedells were also very large. The amount paid to the Bedells at present cannot be estimated at much less than 1,550/. a-year ; all receive fixed salaries, the annual sum will exceed 1,050/ a-yeai , a suni assuredly too large for such a purpose. In former times they and constant duties to perform. On them the effectiveness of the Public Lectures really depended. Now they are of little use but to figuie n a few University ceremonies. At Cambridge there are, we believe, ^ Bedells. ^The Examiners and Masters of the Schools, who h(^ve hitherto received 940/., are henceforward to receive about 1,600/. a-year. Ihe RegjrtM of the University is also well remunerated. The night pohce of Oxloid, whic is paid for by the University, costs about 1,500/. a-year. The by the University towards the rates for paving and lighting is about _,000/. ^ ^Thus the ordinary and unavoidable expenses of the University for its general purposes amounts to more than 7,000/., and will be gi'^ater. Its ordmaiy income at present cannot be estimated at much more than 7,500/. a-j eai. it has given on an average of several years about 1,200/. _a-year, genera y speaking, in cases in which there was a fair claim upon it; but m the yea 1850 it made further grants amounting to 2,500/. for Colonial Bishopiics a for the University of Toronto. Last year it made a grant ol 1,000/. to me Bishop of Oxford’s Training School, but it was forced to defer the payment ol one half of that grant to the present year. GKANTS FROM THE CROWN AND THE PAR- LIAMENT. Appendix B, p- 24. expenditure of the UNIVERSITY. Our Recommendations on the subject of the Revenues are these : 1. We are of opinion that publicity, so far as possible, should be given University accounts. 128 OXFORD UNIVERSITY COMMISSION. Evidence of — Prof. Browne, p. 7. Prof. Walker, p. 22. Mr. Bart. Price, ji.67. Mr.Strickland,p.l 00. Mr. Scott, p. 1 13. Mr. Freeman, p. 141. Prof. Wall, p. 150. Mr. Congreve, p.l 53. Dr. Twiss, p. 157. Sir E. Head, p. 161. Dr.Macbride, p. 220. Mr. Foulkes, p. 226. Mr. Stoddart, p. 334. Evidence of — Dr. Macbride, p. 220. We see no reason wliy the proceedings of the Delegates of Accounts and the financial statements of the Vice-Chancellor should not be divulged. A full balance-sheet should annually he laid before Convocation, and the books themselves should he accessible to its members for some time afterwards. There may be much which prudence would forbid the University to publish as regards the commercial transactions of the Press ; but there is much also as regards its general condition which could be made known with advantage. 2. We are of opinion that it is incumbent on the University to publish from time to time a full and clear statement of all F ees demanded and of their application. In the Cambridge University Calendar an intelligible statement of the University Fees, drawn up in a tabular form, appears every year. We have never heard that inconvenience has arisen from the publication. The Fees should, therefore, be revised by the University. Some, not in themselves unfair, are levied without authority. None should be exacted for services which are not rendered, nor for purposes Avhich have ceased to be real. Idle forms are kept up for the sake of Fees, and thus a twofold evil is produced. The sums requisite for the purposes of the University should be levied directly, simply, and equitably. It is sufficient, we trust, to point to the difference of charges made on the score of birth, station, and Avealth (or Avhat is held to be Avealtli), to secure their immediate abolition. The exorbitant demand made on Grand- Compounders is condemned by all the Evidence we have received on the subject. “ I have long Avished for its abolition,” says Dr. Macbride, “and recommended it. A scheme Avhich makes a man of 300Z. per “ annum pay a heavy sum for a Degree Avhich costs only a fcAv pounds to “ the heir of an entailed estate of thousands is most objectionable.” In any case tliese exactions are unjust; in some cases they even preclude members of the University from taking the Master’s Degree, Avhich is necessary to the exercise of the University franchise. “ I knoAv an instance,” says Professor ^ Browne, “ of a young Clergyman of very small means, Avhose preferment, ’ “ although of little value, is rated so high in the King’s Books as to con- ' “ stitute him a Grand-Compounder. Tlie consequence is that he is entirely ' “ debarred from taking his M.A. Degree.” That such a practice should have been continued is a striking proof of the difficulty of abolishing, in ancient institutions, Avliere the legislative poAver is sIoav to move, customs universally I acknoAvledged to be oppressive and absurd. j 3. M^e are of opinion that the University ought not to spend its revenues j on objects not academical. It is, as Ave have seen, inadequately supplied Avith i Lecture-rooms, Museums, and Laboratories. The Examiners for Scholar- « ships are unpaid. Most of the Professorships are so ill endoAved as not to i afford a maintenance for the Professors. Tliere are many branches of learning and science Avhich are not at all represented by Professors. Even if the Pro- fessors should not l)e rendered to a greater extent than they are at present the dispensers of instruction, the University Avould consult its true interests by securing the advantages Avhich the presence and reputation of eminent men could not fail to bring. Till all these objects have been obtained, it Avould seem advisable that the University should not disperse its resources. The encou- ragements held out by University Scholarships to talent and industry could also be multiplied Avith advantage. 4. We are of opinion that the stamp duty noAv charged on Matriculations and Degrees, and the heavy tax of 10/. on the official certificate of a Degree ought to be repealed. It seems anomalous that the Government should take from a place of education not less than 2,400/. a-year. 5. A large part of the considerable property Avhich the University has in the public funds is appropriated, as Ave have before said, to the Professorships, the University Scholarships, and other purposes of a similar kind. The ten- dency of the precious metals in value has long been to fall, and as that tendency appears likely to increase, there is some danger that incomes arising from this source Avill experience a great diminution. It Avould be a great benefit if the University received permission to invest its funded property in land. But this cannot be done Avithout licence of mortmain. We beg leave humbly to refer this subject to Your Majesty’s gracious consideration. REPORT. 129 THE COLLEGES. We now proceed, in conformity with the terms of Your Majesty s Commission, to inquire into the condition of the nineteen Colleges of Oxford, as distinct from the University. The Discipline and Studies of these srnaller Corpoijtions have been considered already, in connexion with the Discipline and Mudies ol the larger body, of which they form a part. As to the State and the Revenues of some of the Colleges, we are enabled to submit to Your Majesty a Report sufficiently full and authentic; but in the cases in which thf supplied us with only partial information, or have withheld it altogether, we must trust to such documents as are within our reach. We have obtained the Statutes of Balliol, Merton, Queen’s, New College, Lincoln, All Souls, Magdalen, Brasenose, Corpus, Jesus, Pembroke, and Worcester. V\ e have also the second Code of the Statutes of Oriel which we be mve very nearly resembles that by which the College is now governed^ a published translation of the early Statutes of University College, and the Statutes of the two first Foundations of Christchurch. , . i Most of the recommendations which we think it our duty to lay befoie Maiestv are applicable, with certain modifications, to all the Colleges, vve think, therefore, that it will be conducive to brevity and convenience if we first contrast the present condition of the Colleges with the state of things contemplated almost uniformly in their Statutes, and then proceed to discuss the measures which will in our opinion be generally necessary for all, befoie we enter upon an account of each, and point out their peculiar wants, it may be useful to preface our inquiry by a slight sketch* of the origin and foimation of these remarkable Institutions. t i • 4.1 i, ^ The Students who resorted to Oxford in early times, lived m the houses of the townspeople. In some cases, a number of youths sufficient to support an authorised Teacher, that is, a Master of Arts, or a Graduate m one of the superior Faculties, occupied with him a whole tenement, which then boi e the Lme of Inn, Hostel, or Hall. The Master who ruled it took he title o Principal, and acted as Guardian of the younger members. All that was required for the establishment of such an institution was the payment of a year’s rent in advance, or security for it ; and, as early as the reign of mg Henrv HI., or even earlier, it was one of the privileges of the University that houses once let to Students were not to be applied to any other purpose. Whenever the office of Principal became vacant, a new Governor was chosen by the Students themselves, and admitted by the Chancellor. As the number of Students increased, the Halls were multiplied. Anthony Wood states that he could show the names and places of more than three hundred. But the great majority of the Scholars, at some periods, and a certain number at all times, till the middle of the sixteenth century, lived independently m hired rooms. At one time they were to be found even in taverns, hovels, and the turrets of the city walls. Regulations were made for the government of this class of Students as late as the year 1512 ; and Cardinal Pole found it necessary to order that all Scholars who were more than twelve years of age should leave the houses of the citizens, and place themselves under the caie ol a Principal in some Hall. , , . 1 4. 1 i +1,4^ The Halls disappeared with the great diminution winch took place m the number of Students about the middle of the fifteenth century. This enabled the Colleges, or incorporated societies which had grown up 111 the meantime, whose buildings were at first not much more than sufficient for their foundation members, to enlarge themselves by the purchase of Halls on advantageous terms; and this enlargement, on the other hand, rendered it Practicable to enforce the residence of all Undergraduates m some College or Collegiate Hall. This important measure appears to have been fully executed ficm t time of Queen Elizabeth. Five only of the Halls once so numerous are now separate places ol eauca tion ; but each of these is likewise formed of several older houses of learning, * In the historical sketch which follows, we are indebted for much valuable assistance to a Paper written, at our request, by Mr. Goldwin Smith, Assistant-Secretary of the Commission. Ihis ape we have caused to be printed at the end of our Report. MANNER OF TREATING THE SUBJECT. RISE AND PROGRESS OF COLLEGES. 'Wood’s Colletre.'i and Halls, pp. 652, 653. HALLS OR HOSTELS. Wood’s Annals, _ anno 1 255, vol. i. p. 254. Ibid, anno 1307, vol. i. p. 372. PRIVATE LODGINGS. Wood’s Annals, anno 1255, vol. i. p- 254. Ibid, anno 1307, vol. i. p. 373. Ibid, anno 1512, vol. ii. p. 4, 5- 130 OXFORD UNIVERSITY COMMISSION. FIRST ENDOWMENTS HELD IN TRUST BY RELIGIOUS HOUSES. Wood’s Annals, anno 1572, vol. ii. 1 72. Kilner’s Scliool of Pythagoras, p. 24, London, folio, 17S0. Wood’s Annals, anno 1307, vol. i. p. 372. ENDOWMENT HELD IN TRUST BY THE UNIVERSITY. ENDOWMENTS HELD IN TRUST BY THE PRO- CURATORS OP DEVOR- GUILLA BALLIOL. Wood’s Colleges and Halls, p. 70. WAI.TER DE MERTON’S FOUND.LTION THE FIRST REAL COLLEGE. Charter of Founda- tion. I2G4. Percival's Transla- tion of Merton Stat. p. 5. ?>Ierton Coll. Stat. c. 14. Neander’s History of the Church, vol. vii. p. 549. and they now differ from Colleges only in being unincorporated, and having little or no endowment beyond their site and buildings. Of the Students in ancient times, few tvere w’ealthy ; the great majority were very poor ; some were even mendicants. Licenses to beg were issued to dis- tressed Students by the Chancellor, or his Commissary, so late as the year 1572. To many, support was afforded as an alms by the Crown, the Nobility, the dignitaries of the Church, and the Monasteries. But these “Exhibitions,” as such benefactions were called, often expired with the benefactor, or ceased from other causes, and a desire naturally grew up in benevolent minds to per- petuate their charity. This could not be done effectually, except by placing endowments in the hands of corporate bodies. The privileges of incorporation had been acquired by many monastic institutions; and it was through Monasteries and Hospitals that those who desired to give permanent support even to secular Students, sought at first to accomplish their purpose. We are told that in such institutions “ studying members had place and establishment “ by a regular endowment.” Such, for instance, was the case in the hospital of St. John, at Cambridge. In the thirteenth century several religious orders had obtained possession of Houses in Oxford, which contained secular Students besides the Novices, and exercised great influence in the University. There were at one time as many as ten Colleges or Houses of this kind. It is certain that in Durham College there were endowments for secular Students. From these elements the Collegiate system was formed. The two earliest of the institutions which now bear the name of Colleges were in fact Halls supported by endowunents held in trust for the maintenance of their Students. University College owes its origin to a bequest of William of Durham, whose executors in 1249 selected the University itself as the trustee of his bounty to twelve Masters for ever. What is now Balliol College sprang originally from the bounty of John Balliol, who in 1268 gave exhibitions “to certain poor Scholars till he could “ conveniently procure an habitation and settle land on them ; but, dying in “ 1269, he left his design unsettled, yet with an ardent desire on his death-bed “ that his lady and executors would continue that charity.” For a while the poor Scholars were maintained out of his personal estate, and lived in a Hall belonging to the University. But in the year 1284 Devorguilla, his widow, purchased a tenement in Oxford, and settled it, together with land in North- umberland, on those Scholars for ever. She had given them a brief body of Statutes in 1282 ; leaving, however, the management of the estates, and the ultimate appeal in controversies, to two persons, of whom she speaks as her “ Procuratores.” The idea of a self-governing Society, with perpetual succes- sion, distinct from the houses of the monastic orders, established in Oxford itself, and designed mainly to support Scholars, was scarcely realised in this institution. This was reserved for a greater benefactor, whose conceptions, however, were by no means matured at the first effort. The real founder of the Collegiate system in Oxford was Walter de Merton. His first foundation, ■which was four years before that of John Balliol, was a religious house in his manor of Maldon, in Surrey, which he endowed liberally, “ for the maintenance of twenty Scholars residing at the Schools in Oxford, or “ elsewhere in England where a University might exist and also tor the maintenance of a Warden, and three or four Ministers ot the Altar, who were to live in the house, together with lay brethren or bailiffs, whose business ivas to cultivate the property. It may seem, at first sight, that this institution was not different from other religious houses in which provision was made for the Education of Novices and Students, and it was, doubtless, modelled after them. But the clerical community of Walter de Merton 4vas not bound by monastic vows, nor were the Students compelled to take Holy Orders. The Society belonged to none of the Religious orders ; on the contrary, one of the motives of Walter de Merton, as probably of most of the founders ot the older Col- leges now in existence, was to counteract the influence of the regular clergy, more especially that of the mendicant friars. The early history of the University of Paris is almost the same as that of the University of Oxford ; and both in France and England there was a fierce contest between the Friars and those who had hitherto been dominant in the Universities. “They go “ about the Universities,” said William de Saint Amour, the great Parisian Doctor of the thirteenth century, in his attack on the Mendicants, “in Avhich REPORT. 131 “ young men of genius and acuteness can be found, and circumvent them n itli “ fair speeches, commending their state and traditions. II Walter de Merton ordered that some of the members of Ins House should be Piiests, tins seems to have been done, partly at least, in order to secure the great object lor nhich, in that age, property was given l)y benefactors, namely, the beneht whic i pei- petual p?a;L Ind masses were believed to secure lor those on whose account they were offered. But no such obligations were laid by him on the Warden and Scholars who were the essential part ol his community. It M^as not till 1270 “that he discovered that Ins prsedial and other econoniy “ might be answered,” although the governing part of Ins Foundation should be fixed in Oxford, so as to form one community with his Scholars, who till that time lived, no doubt, like other Students of the University, in Halls oi hired rooms. He accordingly ordained that the Warden and Mmisiers ol the Altar should be removed to Oxford, leaving tbe estates to be managed by he Bailiffs, under the control not of the Warden and Priests, but ol the ^mdeii and Scholars*, and “in order that the property and entire dominion of the “ possessions and manors of the House whether ecclesiastical or seculai, might “ he clearly shown to belong to the Scholars,” he enjoined that, once m each year the Warden, upon receiving notice from the Senior (or Vice Warden) and S the Scholai 'should convene all the Stewards and Bi^thren ol the manors to some one of the manors ; and that all the Stewai ds and Bad should in token of the surrender of their offices resign their keys; an then a dili^^ent inquiry should be instituted by the said Senior and Scholms, tL ii& and morals of the Warden, Stewards and Brethren. H.s conception, thus fully developed, constitutes the essence o every College now existing. The Colleges are lay corporations, even though eveiy membei of them may be a clergyman. . . i In this way he, gradually, organised the first academical corporation, Avhicl was wholly secula?, and mLily'designed to support poor Students ; and gave a model which was extensively imitated m Oxlord itself, in Cambiidge, an , perhaps, in other Universities: But his Foundation had beneficial effects besides those which he had in view. He regarded it as possible, even when his last Statutes were made, that the University might be, as it had been removed to 'some other place m England; and he pi ovules in those Statutes for such a contingency. It was soon S ^ College served to promote “ Stabilimentum Umversitatis, that ^ ^ University to its present locality ; and Kilner states, apparently with tiiith, i what was thus, in the first instance, an unforeseen result, became an important object in the eyes of subsequent benefactors. wcrp The example of Walter de Merton was rapidly followed. Its effects u ei e first seen in the two small foundations which had preceded that of Merton ^Thfuniversity released itself in the year 1280 from the burden imposed upon it by the executors of William of Durham, by settling four Masters m a HMl which it had purchased, and committing the management of the revenues destined for their support to one of the four under the Thus arose what ultimately became University College; but governed by Statutes emanating from Convocation, the choice of the four Masters rested with delegates of that body _ In 131 1, “ the Scholars of William of Durham,” as they were still called, wei;e pei- mitted to recruit their numbers by election, their choice being however subject to the confirmation of the Chancellor and others. A Royal Charter was pant to them in 1317 by King Edward HI. University College still jeffiinsj a, tiace of its origin in its legal name of the “ College of the Great Hall of the Uipe^^^^^^^^^ Balliol became a College in the true sense of the term m 1340, when S Philip Somerville gave it a body of Statutes. ppntmtpq Exeter College, originally founded in 1314, was for more than two centimes a Hall merely with endowments for Scholars. o Oriel College, founded in 1326 by Kffig Edward II., was m many inspects a copy of Merton. ^ ^ It was soon discovered that such Corporations as Colleges weie cgiable fulfilling many purposes besides that of giving support to poor bdiolals_ Robert de Eglesfeld, who founded Queen’s College, in the y‘=“V.>340. des gncd to make it a great Ecclesiastical Institution as well as a house ol Students, but Licence of Ilicharcl De Clare to Walter De Merton, in Perceval’s Transla- tion of the Merton Statutes, p. 2. Kilner ut supra. Merton Col’. Statutes, c. 24. Kilner’s School of Pythagoras, p. 32. UNIVERSITY COLLEGE. 1280. Smith’s Annals of University College, p. 47. BALLIOL COLLEGE. 1340. EXETER COLLEGE. 1314. ORIEL COLLEGE. 1326. QUEEN’S COLLEGE. 1340. 132 OXFORD UNIVERSITY COMMISSION. THE FOUNDATION OF NEW COLLEGE A NEW ERA. 1386. New Coll. Stat. c.CS. Ibid. c. 30. Ibid. c. 45. Ibid. c. 1 1. Ibid. c. 4 1, 42. Ibid. c. 2. LINCOLN COLLEGE. 1427. ALL SOULS COLLEGE. 1438. MAGDALEN COLLEGE. 1457. some ol the objects for which he provides in his Statutes could have been accomplished only in the event of a large increase in the endowments of his Foundation. His designs are conceived very much in the spirit of William of Wykeham, which we shall presently describe, though they are not embodied in so complete a system. Several of the early Colleges, University, Balliol, Merton, Exeter, and Oriel, had not chapels of their own, and their Scholars resorted to parish churches. Their funds barely sufficed for the maintenance of their studying members. In these Colleges the Scholars were not obliged to take orders ; and though the rule of life in all of them, so far as we can judge, was borrowed from that of monasteries, it was not by any means so monastic as that of the Colleges founded by Wykeham and his immediate successors. Queen’s appears to have been the first College rich enough to have a chapel of its own, and its Statutes form an intermediate step, between the simple regulations of the early founders, and the elaborate Codes which were given from, the commence- ment of the fifteenth century, besides containing many peculiarities. Doles to the poor, like those bestowed in monasteries, though usual probably in other Colleges, are here alone expressly enjoined. To the governing body of Fellows were added a proportionate number of poor boys who were to be maintained in the College, to wait on the Fellows, and to be educated by a Master provided for them. The foundation of the College of St. Mary Winton in Oxford, commonly called New College, which took place in 1386, forty-six years after that of Queen’s, was an era in the history of these Institutions. William of Wykeham not only endowed it on a more magnificent scale, but gave it a more ecclesi- astical, or rather monastic character than had belonged to any previous foundation. It appears from his Statutes, that the abuses of monasteries had become great and flagrant, and it is certain that the inclination for building them much declined in the fourteenth century. Restates that he hopes better things from a body of learned men •, and apparently intends to create an Insti- tution which shall avoid the evils of the great Abbeys, but combine their chief purposes with those of a literary foundation. The very character of his buildings, secluded and gloomy outwardly, but stately and convenient within, his noble chapel, and his cloisters, intimate what was in his thoughts. The Statutes, which are minute and elaborate to an extent before that time unpre- cedented, impressed a monastic character on the whole institution. In order to encourage the Fellows to take Priest’s orders, it is provided that they are to receive a considerable accession of stipend when they become Priests. Besides them, there are to be ten Priest Chaplains, three inferior Clerks, and a body of Choristers. The W arden is to have a large income, and appears to stand towards his Fellows much in the same relation as a great Abbot towards his Monks. The Fellows are to be Clerks, tonsured and skilled in plain song; they are to attend matins, vespers, and other canonical services, and to form daily processions round the cloisters. A Choir is provided for the solemn celebration of the various services of the Roman Catholic Church. New College is remarkable also for its connexion with the other great St. Mary College, founded by Wykeham at Winchester, “ which is to be its beginning “ and origin,” a nursery for its Scholars. Lincoln College, which comes next in order, was founded principally with the idea of training Theologians to “exterminate” the principles of Wycliffe. It is also peculiar from the endeavour of its Founder to combine with the Collegiate element something of the character of a Chapter. The College was founded in close connexion with the Church of All Saints in Oxford. All Souls, by a combination Avhich was not unusual in England, when the predilection for Monasteries diminished, was a Chantry as well as a place of education, both on a splendid scale. It was probably sjiared at the Reforma- tion, because of its literary character, though all other Chantries were swept away. Its regulations Avere framed on the model of NeAV College, to Avhich its founder, Chichele, had belonged •, and the College is almost as monastic in discipline and constitution. Magdalen College is also, perhaps in consequence of the connexion of its founder Avith Winchester, a close imitation of NeAV College. But it off’ers some important peculiarities. It is to have a School in Oxford open to all comers. The members on the Foundation are divided into a Senior and Junior body. REPORT. 133 111 addition to the Graduate Fellows, there is to be a class of Demyes, who are to receive the half the commons of Fellows. In this CoUege we find the first attempt to supply gratuitous instruction to the University at larp by the establishment of College Lecturers, who were to be chosen without any restriction, and to deliver lectures to the whole University. The Statutes of Brasenose College, issued m lo20, three years after the pub- lication of Luther’s Tlieses, seem to have been framed by a person who clung most fondly to those tenets of his faith which were most vigorously assailed. They enjoin devotions of a peculiarly Roman Catholic character, such as saying weekly the Psalter of the Virgin, and repeating five times each day of the Lord’s Prayer in honour of the five wounds of the Crucihxion, of the Angelic salutation in honour of the five joys of the bles^d Virgin and of the Creed in honour of the twelve Apostles, once a day. Obits are also to be celebrated in the College frequently. i lUofr Corpus Christ! is without the gorgeous services of New College and Mag- dalen : but it is under a similar rule. Like Magdalen, it possesses Lecturers for the benefit of the whole University. Its chief characteristic is the im- portance attached by Bishop Fox, its Founder, and the friend of Erasmus to Classical Literature. He apologises for the barbarous language of his Statutes, and requires his Fellows to write verses, and good Latin prose. In an E pis e of Erasmus, Corpus is called “ Bibliotheca trilmguis, the Library of the three Learned Languages. , i , txt i 4 . Cardinal College seems to have been designed by Wolsey to comprehend almost all that had hitherto been aimed at by such Foundations. It was to provide for the indigent; for an almshouse was attached to it. 1^ was to be a Chapter, and to have a Church and a Service more stately than that of New College, or than that of any Cathedral ; for in it were to be sixty great, and forty lesser. Canons. It was to be a House of Learning ; for these Canons were all to be Students, and one hundred Scholars besides were to be supported. It was to have Public Lecturers like Magdalen and Corpus; and, through its Professors, was to become almost a University in itself, dispensing instruction to the University at large. , . Thus, then, step by step, was the idea of a College formed, till all its capa^ bilities were fully developed in the grand design of Wolsey, of which Christ- church, noble as it is, is but a reduced copy. . ^ ^ The later Colleges, though with some peculiarities of their own, are for the most part imitations, more or less exact, of the earlier. The bnef restoration of the Roman Catholic religion, under King Philip and Queen Mary, produced two Colleges, on the site of two Colleges of Regulars which had beeiyuiqiressed at the dissolution of Monasteries; Trinity College, founded ^ Sir Thomas Pope, and St. John’s College, founded after the model of New College by Sir Thomas White, and bound to Merchant Taylors’ School by a connexion m some respects resembling that of New College with Winchester. Five Colleges have been founded since the final establishment of the Eio- testant religion under Queen Elizabeth. Of these, Jesus College, W adham, and Pembroke, belong to the reign of that Sovereign ^d her two successors. In these Foundations the services of the Church of England are substituted for the Roman Catholic ritual, and the rule of life is partly, though not entirely, divested of its monastic character. j j Worcester, the most recent of the existing Colleges, was founded at the close of the reign of Queen Anne. Hertford College, which was founded m 1740, languished for want of endowment, and expired at the commencement o tills CGiiturv. • It should be observed that three of the Colleges earliest in foundation are governed by codes of recent origin. Balliol and Exeter, established as we have seen in the thirteenth and fourteenth centuries, received their present Statutes, the first from Pope Julius H. in 1507, the second from Sir William Petre in 1566. University College, the oldest Foundation m Oxford, even i we disregard its claim to connexion with King Alfred, is governe ^ very latest Code which exists in the University. That Code was issued by King George 11. in 1726. , . We have thus traced the growth of the Collegiate system— a growth in part indicated by the names which are, or have been, borne by these h oun anions. The tenement, in which Scholars lived, was originally termed a ^ the Statutes of Merton and Oriel, the name of “ House” is applied, ihen, as BRASENOSE COLLEGE. 1520. Brasenose Coll. Stat. c. 15. Ibid. Appendix, p. i, ii. CORPUS CHRISTI COLLEGE. 1516. C. C. C. Stat. c. 1. 9. Lib. iv. p. 281. CARDINAL COLLEGE. 1525. Wood’s Colleges and Halls, p. 423. Wood’s Annals, anno, 1523, 1525, vol. ii. pp. 23,27. TRINITY COLLEGE, 1555. ST. JOHN’S COLLEGE, 1555. JESUS COLLEGE, 1571. WADHAM COLLEGE, 1612. PEMBROKE COLLEGE, 1624. WORCESTER COLLEGE, 1714. HERTFORD COLLEGE, 1740. CONSTITUENT PARTS OF COLLEGES. THE HEADS OF COL- I.EGES. Wood’s Colleges and Halls, p. ] 07. Merton Coll. Stat. c. 33. THE FELLOWS. THE SCHOLARS. 134 OXFORD UNIVERSITY COMMISSION. tlie corporate cliaracter of these Societies rose into prominence, they were styled Colleges, from the term, which, in the purer clays of tlie Latin language, signified wliat in later times was called Universitas, that is, an Incorporated Society or Body Politic. But the term Hall and College seem to be applied convertibly in some Statutes. Brasenose, for instance, liears in its Statutes the two-fold name of the King’s Hall and College of Brasenose. At the present day, however, the word “ College,” in Oxford, is the exclusive appellation of all such Institutions. We pass from considering the growth of the Collegiate system to the different elements of whicli each College was composed. These were, to speak generally, the Head and Fellows, to which were added, in later Colleges, what are now called the Scholars ; and to these was in most cases appended, in still later times, a body of independent Members, called Commoners. The Graduates who held the office of Principal in the Halls, and that of Guardian of their younger inmates were, as we have stated, chosen liy the members of the Hall themselves. In like manner, Devorguilla, the wife of Balliol, placed the election of her Principal in her Scholars ; but he was to be confirmed by her Procurators. At University Hall, which was to consist only of Masters, there seems to have been no Head at first, but subsequently the Senior exercised the functions of that office. In Colleges generally the election, according to tlie analogy of Monastic and Capitular bodies, was commonly placed in the hands of the Members of the Corporation at large. It is sometimes confined to the seniority ; but that seniority is bound, in one or two instances, to choose one of several Candidates selected by the whole body, or at least, as at Merton, to hear the recommendation of those members who have no vote. At Merton and All Souls, where such rules exist, the Statutes further enjoin that the names selected shall be submitted to the Visitor of the College, who finally appoints the Head from among those whose names have thus been submitted to liim. In most of the Colleges founded after Corpus Christ! the Head is chosen by the whole liody of Fellows. But the Crown appoints absolutely to the Deanery of Cliristchurch ; and the Provost of Worcester is nominated by the Chancellor of the University, from among those Avho are or have been Fellows. At Exeter, the Principal Avas elected for one year only, till the year 1566, Avhen John Neale Avas made perpetual Rector. Walter de Merton assigned a permanent tenure in the Headship to the Warden of his House ^ though that officer Avas to be superseded Avhen incapacitated by age or infirmity. He Avas, hoAvever, to be competently and decently supplied Avith necessary food and clothing in the House for the Avhole course of his life, among its venerable and meritorious brethren. A similar provision is found in several other Statutes. But, as a general rule, the Head of the College Avas to hold his office for life ; and tliis is noAv universally the case. The functions of the Heads are much the same in all Colleges, though they bear the various names of Master, Principal, Warden, Provost, Rector, Presi- dent, or Dean. There is, hoAvever, considerable difference in the extent of their statutable poAvers, as also in those of the subordinate officers. The duty of the FelloAvs, as such, Avas as Ave shall shoAv more at length hereafter, not to teach, but to learn ; hence the earliest name of this class. In the earlier Codes they are termed “ Scholares,” but aftenvards “ Socii,” or “ FelloAvs,” the first designation indicating the original purpose of Founders, the second, their connexion Avith the community. So late as in the Statutes of Brasenose and of Corpus, the Avord “ Scholares” is still applied to the FelloAvs ; but ultimately, “ FelloAv” became the designation of the members of the permanent and governing body, Avhile the term “ Scholars” Avas appropriated to the members of the subordinate Foundations for younger Students, Avhich, in some of the early and in most of the recent Colleges, have been appended to the governing body. This leads us from the essential parts of a College — its Head and Fellows — to some other elements in these Collegiate Societies, Avhich, though not essential to their existence, are too important to be overlooked. From the foundation of Magdalen College doAviiAvards, it became the custom to make tAVO classes of members on the F oundation ; the one consisting of FelloAvs, Avho, as a general rule, Avere to be Graduates at the time of their elec- tion, the other, of persons usually elected as Undergraduates. An approach to REPORT. 135 this ill the earlier Colleges is to he found in the institution of !^or Boys at Queen’s. At Magdalen these junior members were called bemi-Communarii^ or Demves The Demyships were wholly unconnected ivith the 1 ellowships ; - . , . . • 4^1,r,,T l\/rortTlr>lp>rT intpnnpfi as the Scholarships were, in Colleges later than Magdalen, mtended but me DCiiuiur&iiiuo >vcio, aix — --- . s p T»/r 4 . nurseries to the Fellowships. The Post-Masters (Portiomste) of Mer on neie a Foundation subsequent to that of the College, and ivere at first lodged in a separate Hall, under one of the Fellows, who was called Principal of the “ Post-Masters but they were ultimately received into the College as Scholais. The whole of these Undergraduate members of Foundations, mcludnig the poor Scholars of Balliol, the Poor Boys of Queen’s, the Post-Masters ol Merton, and the Demyes of Magdalen, together with the Scholarships which have been founded either by benefactors, as at Exeter and Lincoln or by the Colleges themselves, as at Oriel and University, have now been placed ^ same footing, and are known by the general name of Scholars. 1 he Scholais are now usually ’members of the Foundation, but are excluded from the administration of the College property and business, and from a share m In very early times, provision was made for some Studens of a different class from the members of the Foundation. Menial duties were not then regarded as they now are ; and accordingly, in the Colleges of that period, ^''^ere main- tained youths intended to serve the Society, at the same time that Biey were receivins: their own education. At Balliol, the ten Scholars, or “ Scholastici, were also called “ Servitores.” They were to live on the broken meat from the Fellows’ table, to wait on the Fellows, but they were to be instructed in grammar and plain song, to have time to pursue their studies like other Students, and to have a preference m elections to Fellowships i he poor boys of Queen’s have been already mentioned. At Corpus Christi Col- lege the Founder, who in his Statutes describes his College under the figure ol a Hive, writes thus : “ In order that the honey-bees may work within, and not “ be called away to mean duties, we desire that there may be certain persons “ free from honey -making, and devoted to other services. But if any of them “ shall please to imitate the honey-bees, he shall deserve a double crown. It does not appear that this latter provision was ever carried out, but it well expresses the intention of most Founders to have in their Colleges persons wlio should be at once Students and servants. Servitors are now found, under that name, only at Christchurch, where they used within the last twenty years to bring the first dish into the Hall ; but now, they differ from other Students of that Society in little, except in academic dress. In some other Colleges the class of Servitors are represented by Clerks or Bible-Clerks, of whom there are about forty in the University. . • n • j j <- There are but few of the Colleges in which it was originally mtended that any persons should be educated but members of the Foundation and their attendants. The four Masters, indeed, who were placed in a Hall by the University of Oxford, and maintained by the proceeds of the benefaction ol William of Durham, and who thus became the nucleus of University College, were permitted to take in other Masters to share in the common expenses. Tradition relates that King Henry V., while Prince of Wales, was educated m Queen’s College. Allusion is made in the Statutes of Magdalen College to the admission of Noblemen, at their own charges. At Brasenose permission is given to receive sons of Noblemen, not exceeding six in number, f he last Statutes of Balliol, given in 1507, provide for the admission of “Extranei, Avho as they were to be preferred to the F ellows in the assignment ol rooms, must haye been persons of rank and property. Ihus far the independent members of Colleges were of the class now represented by Noblemen and some of the Gentleman- Commoners. It is in Jesus College first, so Hr as we can learn, that provision is made for the admission of Independent Members of various grades in society. Some are to live at the table of the Prmcipa , others at the table of the Fellows, and others again at the table ol the Scholars. We understand that, in the Statutes of Wadham and the last code of ni- versity College, permission is given to admit Commoners. In those ol Pem- broke, the encouragement given to them is much greater. All Souls, where there are no members but the Warden and I ellows, with Chaplains and Clerks, and Magdalen, which admits only Gentleman-Com- moners besides the Members of the Foundation, would answer to the original idea of a College as embodied in the Statutes, if their F ellows were constantly SERVITORS. Ball. Coll. Stat. c. 16. C. C. C. Stat. c. 17, COMMONERS. Smith’s Annals, p. 41. Magdalen Col!. Stat. c. 37. Brasenose Coll. Stat. c. 8. Ball. Coll. Stat. c. 39. Jesus Coll. Stat. c. 14. Pembroke Coll. Stat. c. 12. 136 OXFORD UNIVERSITY COMMISSION. GENERAL DEFINITION. OF A COLLEGE. COLLEGES ELEEMOSY- NARY FOUNDATIONS. Annals of Univer- sity College, j). 375. COLLEGES FOUNDED FROM MOTIVES OF CHARITY. New Coll. Stat. c. 2. Queen’s Coll. Stat. p. 15. New Coll. Stat. c.25. All Souls Stat. c. 24. Report, p. 39. Perceval’s Transla- tion of the Merton Statutes, p. 60. resident, assiduous in College and University Exercises, and observed a mo- nastic rule. Such being the growth of the Colleges, and the relation of their constituent parts, M'e now proceed to state their general characteristics. Successive Benefactors discovered, as we liave shown, that such Foundations as Colleges could be adapted to a considerable diversity of purposes. There are accordingly many variations in the Statutes of the several Founders ; but these variations do not amount to an essential difference, and it is easy to give a definition of them which will be applicable to all of them. They may be defined as Charitable Foundations for the support of poor Scholars, Muth per- petual succession, devoting themselves to study and prayer, administering their own affairs, under the presidency of a Head within, and the control of a Visitor without, according to Statutes which were to be neither altered nor modified, and which Avere sanctioned by solemn oaths. W e Avill noAv examine the several characteristics of the Colleges, as compre- hended in this definition, and then inquire how far the present Colleges have retained the character whicli the Founders intended to be unalterable, I. Colleges were intended originally to be, Avhat they are still in the eye of the laAv, Eleemosynary Foundations. They were designed to supply poor Students, so long as they Avere poor and so long as they Avere Students, but no longer, Avith a maintenance, decent and honest, as it is expressed in the Statutes of New College, but of a very frugal character. “In the year 1380,” says Smith, the historian of University College, “ Thomas Hatfield, Bishop of “ Durliam, endoAved Durham College Avith a revenue of two hundred marks “ per annum, for eight Monks and eight Secular Scholars ; the first Avere “ alloAved ten pounds each, the latter five marks : so that the Monks Avere “ alloAved three times as much as the Seculars, and the Seculars at least a “ mark more than the Founders allotted to the Fellows of any College in “ Oxford, none at that time excepted ; from Avhence Ave may learn hoAv much “ greater expense it cost the Founders to build and endoAv Abbeys than “ Colleges.” That the endoAvments of Colleges Avere designed for the poor is sufficiently plain from the language in Avhich some of the Founders describe their motives. William of Wykeham states that, next to his kinsmen, “ poor indigent clerks “are to be admitted, because Clirist, among the Avorks of mercy, hath com- “ manded men to receive the poor into their houses and mercifully to comfort “ tlie indigent.” In Queen’s and NeAv College the FelloAvs are forbidden to keep dogs, on the ground that “ to give to dogs the bread of the children of men is “ not fitting for the poor, especially for those Avho live on alms.” Those to be elected are defined in the several Colleges as “pauperes,” “magis pauperes,” “ pauperes ex eleemosyna viventes,” “pauperes et indigentes,” “ sustentatione “ indigentes,” “ex pauperioribus.” Chichele gives as his motive for establishing a loan-fund on behalf of the members of his Foundation, “ that, Avant playing “ the step-dame to them, they avIio are best qualified for studies enslave them- “ selves to the mechanical arts, and become truants to the ingenious sciences.” It may be granted that such Avords were used Avhen tlie nation at large Avas much poorer than it is noAv ; but it may be presumed that in any age they must be applicable only to persons in needy circumstances. If it be objected that persons of the kindred of the Founders Avere, as such, connected Avith men of Avealth and station, it may be replied that most of the Founders Avere men of humble origin, Avho had risen to high rank in the Church; and that by found- ing Colleges, they took, as some of themselves say in their Statutes, from their kinsmen Avhat Avould, in the ordinary course of things, have been theirs, and so left them in poverty, and in need of such succour as a College offered. Gentle birth, indeed, as Ave intimated in a previous section of our Report, Avould have been no obstacle to admission on a Foundation, provided that the applicant Avas poor. But that poverty Avas held to be the indispensable condition, appears conclusively from the reproof addressed by Archbishop Peckham, the Visitor of Merton College, to that Society in the year 1284 : “Ye ought only “ to have received the indigent, as is shoAvn in the eleventh chapter of the “ Regulations, Avhence it appears that ye have no liberty to receive such as have “ sufficient to provide for their own necessities, Avith their oavii means, or “ such as are employed in any other business, or enjoy any situation Avhich “ brings them a competency.” REPORT. 137 CHARACTER OF THE MAINTENANCE AF- FORDED TO THE MEM- BERS OF COLLEGES. Wood’s Colleges and Halls, ]). 74. Balliol Coll. Stat. (Sir Ph. Som. Stat. p. 17). Perceval’s Transla- tion of Merton Statutes, p. 57. New Coll. Stat. c. 1-2. Ibid. c. 15. New Coll. Stat. c. 22, The eleemosynary nature of Collegiate Foundations may further he disco- vered also from the small stipends assigned by the Statutes to the Fellows. Doubtless the position of the inmates of Colleges was greatly improved by their election, and they lived better than the poorer classes, or than menial servants, as is shown by the smaller stipends provided by College Statutes for the latter. But after making due allowance for the great change in the value of money, it will be found that the scale of maintenance was such as Avas suitable only for persons of moderate means. The original Fellows of John Balliol were allowed for their commons, or daily food, one penny on week days, and twopence- on Sundays. Sir Philip Somerville, about sixty years after the I'oundation of the College, raised^ the allowance for commons to elevenpence a-week for each of the Fellows. Two centuries later the Statutes issued under the authority of Pope Julius, prescribe that the Fellows, shall be allowed sixteenpence a-week for commons, together with twenty shillings and eightpence, as an annual salary. At Merton College the allowance of each Fellow is to be fifty shillings a-year for all his wants. At New College a great distinction is made between tbe kin and the non-km Fellows. The Ibrmer may be elected though they have twenty marks a-year ; the latter must be poor indigent clerks, not having five marks a-year. But the allowance for commons is at the rate of twelvepence weekly for all alike in ordinary times. This sum appears to have been just sufficient for an “honest and due” maintenance, as the Founder speaks; for it was to rise gradually with the price of wheat, and that till it reached eighteenpence a-week, which was to be the allowance, in case wheat should sell lor wliat was then the extraordinary price of two shillings a bushel. A similar provision is made in Queen’s, Lin- coln, Magdalen, Brasenose, and Corpus. The Fellows of New College are also to be supplied annually M’ith cloth for a dress, more or less according to their size, and with six shillings and eight- pence to pay for the making of it and for its fur trimmings. The necessary ex- penses at graduation are also to be discharged by the College, when the Fellow is too poor to pay them, and lias no friend to assist him. The services of the do- mestics, of the persons who washed the clothes, of the clerks and choristers, who are in addition to their other duties to wait on the Fellows, are to be paid lor out of the common funds. The kin Fellows, not having ten pounds a-year ol their own, are to receive five marks for shoes, beds, and other necessaries. The Fellows in priests’ orders are to divide forty marks a-year between them, but so that no one shall receive more than forty shillings a-year. The ordinary Fellows received nothing from the common goods of the College but what was strictly necessary for their support. Brasenose College received its Statutes in 1520, one hundred and thirty-six years later than the foundation of New College. Its Fellows are, when markets continue in their normal state, to have an allowance of twelvepence a-week for commons. The Principal is to have, in addition, a hundred shillings a-year. Property to the amount of four pounds a-year is to vacate the Fellowship. These specimens will suffice to indicate the scale on which provision was made for the support of Fellows. It is difficult to find a satisfactory standard by which to measure the relative value, in ancient and modern times, of the sums specified in the Statutes. Attempts of this kind have indeed been made in past times. Bishop Thomas, the Visitor of Brasenose College, a hundred years ago, decreed that, wheat being at forty shillings a quarter, ten marks, or 6^. 13s. Ad., the amount of property which is to vacate a Fellowship at Brasenose, is to be estimated at six times that amount, namely, at 40/. He follows the Chronicon Pretiosum of Bishop PTeetwood. But we shall not at- tempt a laborious inquiry of this nature, for we receive a mucli more lively im- pression than any calculations can produce of the intentions of P’ounders, and the condition of the objects of their bounty, from such considerations as are suggested by the statements contained in the Statutes. The division of a surplus among the Head and Fellows is expressly forbidden in the Statutes of New College, Magdalen, All Souls, and Worcester. So late as 1G09 Archbishop Bancroft speaks of the division of any part of the corn or money of All Souls’ College among the Fellows, as “a fraudulent diverting Ward’s Translation “ of the same from the behoof and profit of the College unto private uses, which ° p'^oo. “ is the point principally forbidden in the Statutes.” The Statutes^of Merton, Brasenose Coll. Stat. c. 17. App. Brasen. Coll. Stat. p. xxxvi. New Coll. Stat. c. 1 5. Ma^d. Coll. Stat. c. 43. All Souls’ Slat. c. It'. Worcester Coll. Stat. c. 20. 138 OXFORD UNIVERSITY COMMISSION. Statutes of Merton, c. 25, Balliol, c. 10, Oriel, p. 2. Queen’s, p. 12. Pembroke, c. 20. Perceval's Transla- tion, ut s. p. 57. Jesus Coll. Stat. c. 7. Pembroke Coll. Stat. c. 2. THE COLLEGES COM- MUNITIES UNDER A RULE OF LIFE. New Coll. Staf. c. 1. Balliol, Oriel, Queen’s, and Pembroke, provide that in case the revenues of the Society shall increase, the number of Fellows shall also be increased. Even where the number of members on the Foundation was fixed, it by no means follows that the Fellows were to divide a surplus. Wealth in mo- nastic communities was not thought inconsistent wfith the poverty of its members individually. Nor would the rule of life have permitted a more costly style of living, however rich the body might have become. “ Lautitia,” say several Statutes, “ clericos non decet.” The Founders make provision for the disposal of any surplus which may exist ; but they appear in many cases to have anticipated a diminution rather than an augmentation in the in- come of the Colleges. All enact or imply that a Fellow who can support him- self shall leave the College ; and their estimate of the sum necessary for that purpose is generally small, seldom exceeding the value of the allowances to a Fellow, and in Jesus College even falling short of it. The intentions of Founders on this subject receive a forcible illustration from the language of the objurgatory Constitutions of Archbishop Peckliam, Visitor of Merton College, to which we have already referred, and wliich were sent to that Society in 1284, only fourteen years alter the date of the last Statutes of Walter De Merton. He says: “Furthermore, although in “ the fourth chapter of the said Regulations, it is ordered that each Scholar be “ satisfied with fifty shillings a-year for all his necessities, yet you have twisted “ tliis regulation to your own desires ; and what is worse, regardless of the “ duties of gratitude and charity, and mindful only of your own advantage, “ have taken no little more than the settled allowance, though the desires of “ your founder were most express and urgent, not for an increase of the allow- “ ance to existing Scholars, but for an increase in the number of Scholars ; for “ this he deemed expedient, d'his have ye not looked to, thus violating your “ own oaths, as is evident from the seventh of the articles to which you have “ sworn. But as you affirm that you have done this by our authority, by reason tliat we, while making our transit among you some time since, yielded to “ your importunities some relaxation for wood, straw, and the like, not suffi- “ ciently considering the tenor of the law by which such relaxation is expressly “ forbidden, this our concession we do, hy these presents, totally revoke ; for- “ bidding you, under the penalty of sacrilege and perjury, to usurp from the “ common funds, or to allow others to usurp, any thing beyond what the ancient “ regulations allowed to you. Some there are among you, who, desiring to “ live more delicately than suits the poorer portion of the community, make “ the modus of your expenditure notably to exceed that which your Founder “ by rule appointed.” The Colleges founded after the Reformation, so far as Ave can ascertain from those of their Statutes to which we have had access, appear to have partaken of this eleemosynary character, though, of course, change of times led to a nominal augmentation of the emoluments of Fellows. Thus in Jesus College, of Avhich the Statutes Avere given in 1622, the FelloAvs Avere to have 20/. a-year, that is, a little more than 9^. a-Aveek, for all their emoluments. They also Avere for- bidden to divide the fines. In Pembroke College, Avhich Avas founded in ] 629, the FelloAVS are to be “ sustentatione indigentes,” and the Scholars must be chosen respectively “ ex pauperioriljus consanguineis,” “ ex pauperibus natis in “ urbe de Abingdon.” There also they are to have 20/. a-year. II. Colleges AA^ere founded also for the purpose of affording to Students a' home, in Avhich they Avould be preserved from the turbulence and licentious- ness Avhich Avere, in ancient times, almost ahvays prevalent in the University. FelloAvs of Colleges Avere to live together as members of a Community. To speak of a non-resident FelloAv Avould have heen deemed a contradiction in terms. Founders intended that each of their FelloAA’s should be improved by all, tlirough their daily intercourse ; and looked for the security of their Insti- tutions. in part at least, to the intimate union of all Avho partook of their bounty. “ We desire, moreover,” Avrites William of Wykeham, “ that our Scholars, “ occupied in diverse Sciences and Faculties may, by their intercourse Avith “ each other, learn something new every day, and by continual advance “ become better and better, that the spirit of the Avhole multitude tending to “ the same end may he one, that through their praiseworthy conversation “pleasing to God, their hearts may be sooner and more warmly bound to “ each other by the SAveetness of mutual love ; and that, through the Divine REPORT. 139 mercy, our Colleges endowed with, and supported by, men of so many “sciences, may the more firmly and securely abide and continue, for ever. See Fosbroke’s British Monachism, pp. 177, 181, 182. “ in the beauty of peace.” For men living in a community some rule of life is indispensable, and it was natural that something like the rule observed in well-ordered convents, in which novices and secular Students were educated, should be taken as a model for the government of Colleges. Ihe rule of life was in the earliest Colleges comparatively simple. It included generally com- mon meals, during which the Bible was to be read, and silence kept ; the use m private, as well as in public, of the Latin tongue, for which in Oriel and Queen s French, in Corpus Greek, in Jesus College Greek or Hebreuy might be substi- tuted • uniformity of dress ; strict obedience to the Head and College Officeis , terminal scrutinies for the purpose of inquiring into tLe life morals and progress in learning of the Fellows and other members of the College, and a systena of surveillance to be carried on day and night by the seniors over the juniors. Three or four Fellows are to sleep in one room under the care of an older Fellow. Ill New College, All Souls, Magdalen, Corpus, and Brasenose, the rule extended to minute particulars concerning behaviour, manners, and dress , it dictated the Tirivate prayers of the Fellows, forbade them to go out of f Colleo-e without a companion, and established a system of secret denunciation. Ini unctions are also found against the admission of females, and agams entering the houses of laymen, that is, inhabitants of the town. In the most recent Colleges many of these provisions, of course, disappear; but then- regu- lations all retain monastic features, and a strict discipline is expected in them all. In all the Colleges, whatever he the date of their Foundation, and the particular character of their Statutes, regular residence is required. At Merton and Oriel it was ordered that a rateable deduction should be made from the stipend of all who were absent from the University, except on the business of the College. In other instances the number of days in the year durino- which the Fellow might be absent is limited, a power being reseiwed to the rfead, either alone or in conjunction with other officers, of giving further leave of absence on extraordinary occasions. In several Colleges the number of Fellows who may be absent at the same time is strictly defined. Celibacy was expressly imposed on the Fellows of most Colleges. In soine, as in Merton Balliol, Queen’s, Oriel, Lincoln, it was not expressly imposed; but m BallLol,’ Queen’s, and Lincoln, where all the Fellows were required to take Priest’s Orders, it was imposed by implication ; and in all cases it was practi- cally rendered necessary by the rule of life and the obligation of residence. 1 he Heads were generally required to be in Priest’s Orders, and thus they also were necessarily bound to celibacy. In other cases the hindrance to marriage imposed by the rule of life, and residence in College chambers, was probably as strong in regard of the Head as in regard of the Fellows. The Heads of Jesus and Wadham Colleges, which were founded after the Reformation, weie expiessly forbidden by their Statutes to many. r n • 4 ^ rnTTvrvs as founded HI. The purposes for which the indigent Students were thus formed into a colleges^ community may be stated generally in the words of the older Jurists quoted poses. by Blackstone, to be “ ad orandum et studendum.” The first purpose was that the Fellows should offer prayer on behalf of the living and the dead. By enjoining such prayers the I’ounders were enabled to combine with their other purposes the object for the sake of which endowments had been hitherto bestowed on religious houses, and which more than any other seems to have had the power of inducing men to part with their possessions, or to alienate them from their heirs. In Balliol the Fellows or “ Scholars were not to continue foi many vears on the Foundation, and, therefore, could not become Priests during Wood’s Colleges the tenure of their Fellowships ; but they were bound to pray for their benefac- tors and others, and “ to procure ” three masses to be said annually for the soul of John Balliol, Devorguilla, and others. But in the other Colleges, up to the Reformation, and in Balliol when it became truly a College, this office was to be performed by persons on the Foundation; and the bellows are geneiall} directed to pray for certain benefactors. In almost all there were to be solemn obsequies. All Souls, as we have already observed, is a Chantry, as well as a College; and its poor and indigent Scholars are all bound “ not so much to “ ply therein the various arts and sciences, as to pray for the souls of Henry “ the Fifth, of Thomas Duke of Clarence, and all the souls of those whom “ the havoc of the warfare so long prevailing between the realms of I ranee “ and England had drenched Avi1h the bowT of bitter deaths, and lor all de])arted o 'T9 140 OXFORD UNIVERSITY COMMISSION. COLLEGES INSTITUTED FOR STUDY. Queen’s Coll. Slat, p. 13. Lincoln Coll. Stat. c. 3. NewColl. Stat.c. 28 . Magd. Coll. Slat. c. 27 . C. C. C. Stat.c. 21. CONDITIONS OF ELIGI- BILITY TO FELLOWSHIPS. POVERTY. CHARACTER. ABILITY TO LEARN. Jesus Coll. Stat. C. 14. “ souls. riie solemn and constant celebration of Divine Service, witli a full attendance of Members of the College, according to the Roman Catholic ritual, was evidently an essential object with Roman Catholic Founders. In New College, Magdalen, All Souls, and Corpus, a number of special services and processions were prescribed. By the Statutes of Pembroke, Worcester, Uni- versity, and Jesus Colleges, Protestant services are substituted, on which attend- ance twice a day is enjoined. IV. The second and most important object of Colleges was, as Blackstone states, “ ad studendum.” Like hospitals, they were eleemosynary, and, like monasteries, subject to a rule of lile ; but they differed from both, in that neither charity nor discipline Avere the main purposes of the Foundation, but means only to anotlier end. Each Fellow was bound by the Statutes of his College, after completing his course in Arts to proceed in one of the superior Faculties, generally that of Theology ; a few exceptions Avere made in favour of Civil or Canon LaAv, a still smaller number in favour of Medicine, and tAvo at NeAv College in favour of Astronomy. This course involved a diligent attendance on the Public Ijectures, and the frequent performance of Exercises in the Scliools ol tile University. In the earliest Colleges nothing more is required in this respect. It Avas not intended, at the first at least, that they should be, Avliat all Colleges are often called iioaa’, and what Ave have seen that they Avere called more than tAvo centuries ago, Universities, that is, places in Aviiich tlie Student Avas to receive his Avhole Academical Educatiou ; but they Avere founded in order to afford a liome and sustenance to poor Students Avhile attending tiie public Teaching of the University, and performing the Exercises Avhicli it prescribed. To receive, then, and not to give instruction Avas the business of the FelloAvs of Colleges. The Founder of Queen’s has expressly declared that he intends by his benefaction to relieve his FelloAVS from the necessity of teaching. A system of Exercises Avas introduced by Statute at Queen’s; it assumed importance in NeAV College and the subsequent Founda- tions, and it Avas also adopted in those in Avliich it Avas not imposed by Statute. In Lincoln College tlie Founder declares that it is his Avish “ above all things ” tliat these exercises sliould be observed for ever. These exercises consisted of disputations performed in the College Halls, several times each Aveek, by seniors and juniors, on the subjects Avhich they Avere respectively bound to study. Tfiey Avere similar to those performed in the University, and probably preparatory to them ; and Deans, or Moderators, analogous to the University Deans of Arts and Faculties, Avere appointed to preside over them. A re- gular establishment of instructors Avas not originally provided in the earliest Colleges; ]jut Lecturers Avere in course of time introduced in all, and ultimately to such an extent that there Avas little necessity for the Students to attend the University Lectures. At Ncav College a sum not exceeding one hun- dred shillings, yearly, was ordered by the Statutes to be paid to certain of the senior FelloAvs for instructing the juniors. Very complete establishments of Teachers were, as Ave have before stated, to be provided from the first in some of the later Colleges, and, for the most part, paid out of the funds of the Foundation. In Magdalen and Corpus an attempt Avas made to relieve not only the members of the College from the expense of teachers, but also the Students of the University at large. But in all Colleges, even in those Avhich aimed at supplying instruction to the University, the great majority of the FelloAvs Avere intended to devote their life to study, and not to engage in teacliing either in the College or in the University. V. The bodies thus established being intended to exist in perpetuity, the Statutes make various provisions by Avhich their numbers are to be recruited. The condition and character of the persons Avho are to be admitted to the bene- fits of the Foundation are the subject of precise regulations in all the Statutes. Poverty is insisted upon, as Ave have seen, in almost every case as an indis- pensable qualification. Good moral character and aptitude for study, or for the peculiar studies intended to be pursued, are everyAvhere required. It is on tins aptitude, rather than on intellectual or literary superiority, that the Foundei’s lay stress ; as Avould naturally be expected in the case of persons Avho Avere to be maintained for the purpose of studying ; and it is observable that at Jesus College this is the very qualification Avhich is demanded from the inde- pendent Members or Commoners. The vieAvs of Founders in this respect, as regards tlie required qualifications, are expressed in such jdirases as “ compe- tenter instructi in Grammatica ;” “ in Grammatica et piano cantu sufficienter REPORT. 141 ‘‘ docti • ” “ ad profectum habiles “ ad profectum in Theologia aptiores f’ “pro “ eetate sufficienter docti “ de aptioribus et babilioribus qui m Universitate repe- “ riri poterunt, babita semper ratione Diocesium.” fbe niteUecdual proficiency of Candidates could not be regarded by Founders as it now is in tbe Colleps winch are desirous of obtaining a great reputation. Archbishop Peckham who cannot but have rightly apprehended the spirit of the Statutes ol Walter De M ei ton, in the 12th Chapter of his Ordinances, thus reprimands the Fellows:— Contrary “ to the intention of those Regulations, ye are unwilling to admit [tliat is, as “ Fellows! youths likely to advance in knowledge, but only those who are “ already far advanced, which is clearly contrary to the terms laid down in the “ eleventh chapter; since, as is shewn above, ye ought even to admit those who “ are learning grammar.” Accordingly it was not by competition that the fitness of a Fellow was to be tested ; but the selection m the first instance seems to have been left to the discretion of the College ; and the competency of the new member was afterwards tested by a period of probation, varying See above, p. 138. Perceval, ut s. p. 54. Merton in his Statutes, “when the Scholars become Candidates for admission “ into the Society, a gratuitous support of one year is to be allowed them in the “ first instance, that in case they fairly make good theabove-mentionedqualih- “ cations, they may eventually be admitted into the body . VVhen lie speaks of the course to be followed when the period of probation is over, he says “ they are to be admitted on the clear testimony of persons worthy of “ belief who have taken notice of their life and conducl ; the gratuitous support “ which they previously enjoyed being granted them in the House itseL, if there “ be no question about the qualifications and it seem expedient. ihe only approach to a modern system of examination is in the elections prescribed at Winchester preparatory to New College. It may be noticed that Latin com- position is required from the Scholars of Corpus. It is evident from the laiio-uage of some Statutes tliat Fellows were elected without their knowledge, and at a distance. The Examination which, as the Warden of All Souls informs Evidence, p. 329. us is still in force in that College is prescribed not by the Statutes, hut by a subsequent injunction of Archbishop Whitgift. But the mode m which the moral and social qualifications of the Fellows of All Souls, as described in t le same Evidence, is now ascertained, probably resembles that by which ail qualifications, intellectual as well as moral, were ascertained in former times in all Colleges. r n It is not surprising that with these views as to the qualifications of reflows. Founders should have given a preference to particular schools, parishes counties, or families. Some Fellowshi|)S are confined to persons of the blood or the name of the Founder. Many benefactors have ordered that their own kinsmen, if poor, should be preferred to all others; and after them those '^ho had been horn in their own diocese, county, or parish; and next, those who were born in the places where the College had secular or ecclesiastical pro- perty. It was presumed that poor persons with sufficient capacity to receive instruction could be obtained in this as well as in any other way. The motives for these various preferences are sometimes assigned by Founders. Walter De Merton states, “ that among those who are to be admitted and to “ receive the gratuitous support, those persons who are of his own kin are to be “ chief and first, because of the suecession which, liy the custom of the realm, “ is their due in his fee simple estates ; and next to them are to coine the “persons who are from the Diocese of Winchester, and from other dioceses “ and other places where the benefices or estates in fee, and^ the other places leno-th from six months to two years. “ At the time,” says Walter De c. is. c. 21. C. C. C. Stat. c. 9. Ibid. p. 329. PREFERENCE ON ACCOUNT OF PARENTAGE OR LOCALITY. MOTIVES OP SUCH PREFERENCE. Merton Coll. Stat. c. 13. ex- “ appointed lor the support of the College, are situated. Wykeham presses himself in a similar manner. Ihe Founder of Queens gives a pie* ference to natives of Cumberland and Westmoreland, because of the condi- tion of his native county, then wasted hy border Avarfare. In Lincoln College the diocese of the same name is preferred, because Rotheram, the second great benefactor, and the framer of the Statutes, saw “ non sine stupore cordis, that though the University of Oxford was situated within it, feiv or none of those born in that diocese were elected FelloAvs of Colleges; and he protests that he makes this regulation, not because he is “ blinded by the flesh, but because “ omnium pace,” he Avishes to obviate the evils of this blindness in others. In like manner some Founders might even have regarded such restrictions as likely to obviate personal predilections on the part of electors. Tliis may perhaps be New Coll. Stat. c. 2. Queen’s College Stat. p. 9. Lincoln Coll. Stat. c. 1. ]42 OXFORD UNIVERSITY COMMISSION. inferred from tlie reproaches addressed by Arclibishop Peckliam to the Fellows of Merton in the following passage ; “ Furthermore, since ye ought, accordino* Perceval, ut s.p. 61 . « thirteenth chapter of the Regulations, to receive in preference to other^ “ those born in the dioceses wherein are situate the benefices and lands by “ which ye live, we do suspend you from the choice of any more scholars “ until ye have received, in sufficient numbers, boys of the family of your “Founder who may he found fitting; and until ye have received, accord- “ ing to the Regulations, Scholars from the dioceses of Winchester and Can- terbury, according to the number of the benefices, and extent of the lands “ which ye hold in those dioceses; and ye are to know that in future, if ye “ act otherwise, we shall take care that all fruits from those dioceses be “ withdrawn from you, until ye obey the Regulations. And this form we “ require to be observed in all future times, reserving, however, to ourselves, “ the power of proceeding against you, according to the Canon law, in some “ other way, unless ye return to obedience.” When much was left to the dis- Peacock’s Observa- tions on the Statutes, p. 29. Compare Evidence of Mr. Freeman, p 141. Chandler’s Wayn- flete, pp. 192, 193. COLLEGES UNDER THE CONTROL OP VISITORS. Lincoln Coll. Slat. c. 1. cretion of the College, positive regulations of any kind might in corrupt times be a useful check. It is said that in the last century the open Foundation of Balliol was among the worst in Oxford, because the absence of all restric- tions only opened a wider field to the distribution of personal favours ; and it has been said also that in Magdalen College similar abuses existed in regard to the open Fellowships annexed by the Founder to his public Lectureships. Dean Peacock observes, that the allocation of Fellowships in a College to natives of different districts was sometimes intended to prevent “ Colleges from being “ turned into clans” by any single local interest which might have once obtained temporary possession. Thus at Trinity College Sir Thomas Pope forbids more than two natives of the same county to be Fellows at the same time. The local restrictions of Waynflete “were probably intended,” says his biographer, “to “ preclude a partiality similar to that at Cambridge of Millington, the first “ Provost of King’s College, which Waynflete had condemned and combatted ; “ and from which, if not guarded against, he was fearful that his munificence “ instead of being widely diffusive would be contracted and confined within a “ narrow boundary.” Limitations to Schools seem to have been made, partly that the Scholars might be sent up well taught in grammar, and so better able to profit by the higher instruction of the University ; partly that the Schools might be stimulated to exertion. VI. The Founders of Colleges sought to secure the perpetual observance of their Statutes by jdacing them under the protection of some great personage, otherwise unconnected with the College, who bore the name of Visitor. The Visitors are empowered, and in some cases earnestly entreated, to inspect the Societies committed to their care from time to time, and to reform all abuses. A provision for their expenses is made by some Founders. They are also invested with authority to redress grievances on the complaint of individuals injured, and to resolve doubts as to the meaning of Statutes. All appeals, except to the Visitor, and all legal remedies against the College, are often expressly denied to its members by the Statutes; and a renunciation of such remedies Avas sometimes included in the oath at admission. The Visitors have no authority to repeal or to alter any Statutes, Avith or without the consent of the College. NoAvhere is provision made for any change ; and there are many provisions against any attempts of the kind. The poAver of interpretation, and of sanctioning regulations for cases not foreseen by the Statutes, is all in this respect that Avas intended to be left by Founders to the Visitor. They reserve to themselves personally the poAver of abrogation and modification, and expressly deny it to every one else. “ These Statutes Ave impose,” says Archbishop Rotheram, the second Founder of Lincoln, “both on the Rector and Fellows, “ and their successors, to be observed for ever, reserving to ourselves the “ poAver of amending, changing, correcting, increasing, diminishing, and con- “ ceding more ; and to ourselves and our successors that of explaining in “ doubtful cases.” Courts of laAV have long declined to interfere Avhen a Visitor has decided on a question Avithin his jurisdiction, and, if he unduly refuses to hear complaints, a mandamus is issued to him to exercise his office. t ( ) ! 1 PRESENT STATE OF COLLEGES COMPARED WITH THEIR STATUTA- BLE CONDITION. Such, then, so far as Ave can learn, is the character of Colleges in general as it Avas conceived by Founders and jArescribed in their Statutes. If Ave look to their present condition Ave shall find that great deviations have taken place REPORT. 143 from the intentions of the Founders in every one of the points which they would have considered most important, and that the regulations ^laincd by them for carrying out these intentions are, for the most part, neither lulhlled, '^^I.^^Ccdleges are no longer eleemosynary. The Statutes, as we hey e seen, confirm the assertion of the Visitors of King Edward VI., m their injunctions to All Souls’ College, that “Colleges were erected for the childien of the “ poor ” Founders intended to provide only for those who could not olitam a subsistence without forsaking their Studies. Few of tho^ Oxford, are of this kind. Beneficed clergymen, men ol official station, gentle- men of considerable though it may be not landed fortune, barristers m good practice, masters of large schools, and many whose parents are rich, have within our own experience been in receipt of emoluments from the founda- tions of Colleges. The connexion of such persons with their respective Societies may be beneficial to both ; but it is certainly not consistent with the Statutes. 1 /•4-1 Nowhere has the number of Fellows been increased as the revenues of the several Societies have increased. In some Colleges it has been diminished. A surplus, sometimes a very large surplus, in money, is divided lietn een the Head and the Fellows, in addition to the allowance for food and clothing which is their statutable right-, and this dividend forms the principal portion of their emoluments. It has been ruled that no amount whatever of income arising from personal property is to be taken into account for vacating a 4e - lowship. Fellowships are indeed held to be rendered vacant by the acceptance of benefices which exceed a certain limit. In some Colleys the limit fixed, is the actual average amount of the Fellowship. In other Colleges the living is estimated not according to its present income, but as valued in the books of King Henry VIII., or even in the earlier “Valor” of Pope Nicholas ; and, thus, livino-s of considerable value are sometimes held with Fellowships. I he average value of Fellowships is not greater than in our times it ought to be yet there are some Fellowships which cannot be estimated at less than 500^. a-year, and which are therefore unnecessarily large. The restriction of Scholarships to poor and indigent persons has also ceased to be observed. Few Students strictly answering to that description, as we before said, would now be able without large assistance to support them- selves during the residence necessary for the attainment of Bie Deyee o B.A. Attempts to distinguish between the circumstances of Candidates are sometimes made, but rather by individuals than by Colleges. some Colleges perhaps a very rich person would be refused permission to stand if he shoufcl seek it ; but poverty, even as denoting the condition of persons who could not without assistance live in the manner usual in Oxford, is ely ^ detei mining motive in elections. Some few Bible Clerkships and Exhibitions are given away in consideration of the poyerty of the applicants ; but even these aie use , in many cases rather for securing youths ol talent than for siippoi ting those of slender means. . ., So late as the beginning of the seventeenth century. Colleges, if they did not reo-ard poverty or merit in disposing of their Fellowships and Scholarships, yet did in some measure encourage the poor to resort to Oxford, by ryeiving Ser- vitors or Batellers in large numbers, and boarding, lodging, and instructing them at very low rates. The Colleges had by that time absorbed most of the ancient Halls ; all members of the University were compelled by Statute to con- nect themselves with some College or Collegiate Hall ; but the Colleys pre- vented the effects of this change from being felt by individuals, and they kept up a sufficient supply of clergy who were, even at that time, recruited to a eonsidei- able extent from the poorer classes, by offering a maintenance as cheap as could possibly have been obtained. In the year 1616, sixteen Colleges educated between 400 and 500 poor Students. Of these, 86 were educated in Magdalen College, 18 in New College, and 31 in All Souls Societies, which now admit but lew Undergraduates of any kind. The rooms of Colleges which receive indy endent members are, at present, let to such members at a rent, which is not high in- deed, but which serves to increase the income of the several Societies mate- ^^^IL Fellows of Colleges are no longer bound to live as members of a Com- munity subject to a rigid rule of life. They are never brought together, except at Elections, and on other rare occasions. Residence, which I ounders COLLEGES NO LONGER ELEEMOSYNARY. Ward’s Translation of All Souls’ Stat. p. 202. Gutch’s Collectanea Curiosa, vol. i. p. 196. COLLEGES NO LONGER COMMUNITIES NOR UNDER A RULE OF LIFE. 144 OXFORD UNIVERSITY COMMISSION. COLLEGES NO LONGER FULFIL THE SPECIAL RELIGIOUS PURPOSES OF FOUNDERS. COLLEGES NO LONGER PLACES OF STUDY IN THE SENSE OF THE FOUNDERS. STATUTABLE PRE- FERENCES GENE- RALLY. BUT NOT UNI. VERSALLY REGARDED. looked upon as essential for all the purposes of a College, is required of none but Probationer Fellows in the first year, and that not universally. Those who live in Oxford, witli lew exceptions, do so because tliey find profitable employment there as Tutors or College officers. T wo-tliirds of the Fellows pass their life at a distance from the University, and employ tliemselves as parochial ministers, as schoolmasters or tutors, as students ol law or medicine, as literary or scientific men, or have no occupation at all. Not even the form of requestino- permission to he absent is always oliserved. The residents dine togetlier in the hall with more or less regularity, and meet in a common room afterwards, and so tar form a society. But the rule of life, dress, and manners prescribed by the Statutes is nowhere observed. The Fellows have emancipated them- selves altogether Irom the control of the College officers. Marriage indeed is always Ibllowed by its statutable forteiture ol a Fellowship ; but the same rule is not applied to the Heads of several of the Colleges, though of old they were bound to celibacy in the same manner as the Fellows. The Warden of Wadham College has been relieved from the statutable obligation of celibacy by Act of Parliament ; and the Principal ol Jesus College, who at his admission is bound to swear that he will not marry, is released from taking that oath by his Visitor. Ihe Heads and Fellows ol Colleges now live much like other gentlemen. The lormer originally occupied College rooms ; and in the old Foundations at least, generally the Tower room over the gateway was reserved for them ; now tliey are all provided with residences suitable for a family. HI. It is almost needless to observe that, since the Reformation, the Legis- lature has prohibited what was, perhaps, not the chief purpose of Founders, but what was one ol great importance in their eyes. Masses and prayers for tlie dead have not been said in the Colleges since the days of Queen Elizabetli. The ])rocessions and frequent ceremonies have passed away. The services of the Church of England have, in obedience to the law, been substituted every- where for those ol the Roman Catholic Church; and attendance, though not the statutable attendance, is enforced on those members of Colleges who are in a state of pupillage. IV. Tlie main object of the endowment of Colleges, which was, as we have already stated, to support persons actually engaged in Study, has been almost entirely set aside. The number of Felloivs who reside for the purpose of Study is very small. In the present day there is only a small fraction of College revenues which can be properly said to be devoted to Students ; that fraction, namely, Avhich is paid to Undergraduate-Fellows, and to Scliolars or Exhibitioners. Fellowships are now, for the most part, obtained only Avhen the Degree of B.A. has been taken, that is, when the Course of Study has been completed, and the successliil candidate is probably about to leave the University. It is true that many actual Students are educated in the Colleges; but they are educated, with a few exceptions, at their OAvn expense, and, so far from being supported by the Foundations of Oxford, they serve to increase the income of the governing body of such Foundations. We allude of course to the practice which now prevails in almost all the Colleges of admitting Commoners. It is needless to state that this innovation Avas a great benefit, and that on the education of Commoners noAV depends tlie cliaracter of many Colleges, a considerable jiart of their income, the principal emoluments of their FelloAvs as Tutors, the residence of most of those Avho do reside, and probably, the present existence botli of the societies Avliich do, and of tliose Avhich do not, render services of this kind to the University and the country. But this practice, iioav so important to the Avhole Collegiate system, although never forbidden, is seldom mentioned, and never enjoined in the Statutes. Nor can it be said that the endoAvments of the Colleges contribute in any essential degree toAA^ards the siqiport or instruction of tlie great mass of Students. In fact, one-eighth of the Undergraduates are members of Halls Avhich have no possessions Avorth naming beyond their buildings, and the sites on Avhich those buildings stand. The independent members there keep up the fabric, sujiport the Head, the Tutor or Tutors, and a complete staff' of servants, and yet have to pay but little more in any Hall, and less in one of them, than Commoners pay in the most richly endoAved Colleges. Magdalen Hall has one hundred and fifteen Undergraduates ; Magdalen College, of Avhich it is an olfshoot, and which is pre-eminent for its Avealth, educates scarcely more than fifteen. V. It must be admitted that iii the election ol' FelloAvs, a matter in Avliich personal interest is Avatchful, Colleges have generally adhered to the directions REPORT. 145 which limit their choice. There have, however, been important deviations from positive enactments. The preference assigned to Founder’s kin at Merton, has, for whatever cause, ceased to be claimed ; and at Queen’s has been long disregarded. Two only of the kindred of William of Wykeham are in each year placed at the head of the list of names for New College, though the Founder gives to all his kin, if they be competently taught in grammar, a preference over all others, “ per viam specialis preerogativae and that, so far as appears from the Statutes, whether they have been educated at Winchester or not. Indeed it appears that in the fourteenth and fifteenth centuries there were three cases of persons thus admitted without having passed through the School. VI. The Visitors of Colleges have long ceased to inquire into the condition of the communities committed to their care, and the observance of the Statutes. Bishop Fox, the Founder of Corpus, desires that the Bishop of Winchester shall “ watch,” as he says, that “ our Statutes and Observances may be kept, “ the virtues and sciences fostered, our possessions, spiritual and temporal “ goods, flourish in prosperity, and our rights, liberties, and privileges be “ defended and protected. And every flve years, whether invited or not, he “ is to visit the College foi the purpose of correction of abuses. We also “ charge before the Most High, as grievously as we may, the consciences “ of the Reverend Fathers, the Bishops of Winchester, and exhort and im- “ plore them, in the bowels of our Lord Jesus Christ, that they “ earnestly exercise the office of inquiry, correction, and reformation, and “ perform it faithfully in all things, as they would render an account in this “ case before God at his last judgment.” According to the provisions of other Statutes, a somewhat similar injunction to visit at stated intervals for the general supervision of the College is laid upon Visitors. The duty thus enjoined has long fallen into disuse. Had it been possible to exercise such a vigilant supervision as that of which Bishop Fox speaks, reform would not now be so difficult. No Visitors, indeed, however vigorous, however attached to the past, could have enforced adherence to many provisions totally unsuited to the times; their efforts would have been as unavailing as the solemn injunctions of Founders, and the oaths by which Founders have bound the recipients of their benefactiotis. They could not have compelled Fellows and Scholars to perform exercises which have become worthless, or to live at all times exactly as men lived in the fourteenth century. But they must have acted ; and they would probably have been compelled to seek for power to adapt the Statutes to the wants of each successive age. In two of its branches only is the Visitatorial power still exercised. Of these, the most important is one which no Visitor has been suffered to forego ; that, namely, which relates to the determination of appeals from parties who have felt themselves aggrieved. Whatever touches the immediate interest of individuals, has been zealously defended ; and, accordingly, the personal and local rights involved in the mode of election to Fellowships, or the powers of superiors and the rights of subordinates, and the obligation to take orders, to remain in celibacy, to proceed to the superior Degrees, are regulated, to a great extent, according to the provisions of the Statutes. The other branch of the Visitor’s jurisdiction which is still in force is the power, conceded by most Founders, of interpreting doulflful passages in the Statutes. This power was often called forth in early times, and has occa- sionally been exercised in later times, though in many instances scarcely in the sense in which it was given. Many of the Decrees thus issued appear to go much beyond the authority conflded to Visitors, and to be not explanations of what is obscure, but abrogations of what is plain. Thus Archbishop Laud, when he allowed the Warden and Fellows of Merton to divide a part of the surplus, sanctioned what Archbishop Bancroft had characterised, a few years before, in reference to the analogous Statutes of All Souls, as “ directly against “ the intent of the Statute, and a fraudulent diverting of the same from the “ behoof and profit of the College, unto private uses, which is the point prin- “ cipally forbidden in the Statutes.” Thus Bishop Morley, in 1667, permitted the Fellows of Corpus Christ! College to accept the office of Proctor, which the Founder had forbidden them to take, “under pain of perjury thereby to be “ incurred, and also of removal for ever from the College.” In like manner. Visitors of these, or other Colleges, have virtually repealed Statutes which Appeal to Bishop of Winchester, by Rev. Augustus Hare, Oxford, 1831. VISITATORIAL POWERS LITTLE EXERCISED. C. C. C. Stat., c. 53. Perceval’s Transl. of Merton Statutes, p. 87. Ward’s Translation of All Souls Stat. p. 126. App. to C. C. C. Stat., p. 124. Injunction, 1667, on c. 26. 146 OXFORD UNIVERSITY COMMISSION. Appeal to the Bishop of Winchester, by the Rev. Augustus Hare, p. 112. Oxford 1831. SUMMARY OF THE FORE- GOING STATEMENTS. Compare Peacock’s Observations on the Statutes of Cambridge, pp. 60, 121. require residence and Holy Orders, which forbid the holding of benefices at a distance from the University, which require the Fellows to resign their Fel- lowships when they have the means of supporting themselves without them, and which give a paramount preference to the kindred of Founders. We may instance the decision of Bishop Cooper at New College in 1570, “that “ there should not he more than eighteen reputed kinsmen at any one time “ in the Colleges of New College and Winton,” and that of Archbishop Corn- wallis at All Souls in 1777, “that there need not in that College be more “ than ten Fellows admitted on such claim,” when according to the Statute the Founder’s kin, if qualified, might fill all the Fellowships. We do not question the convenience of these Decrees in themselves; hut we cannot think that the Visitors have in such cases confined themselves within the limits of their statutable power. The Founders of Colleges do not appear to have had any misgivings as to the unchangeable fitness of their injunctions; and they were careful only to secure them from being tampered with. We have seen, then, how almost all the enactments by which Founders of Colleges intended to secure the promotion of religion and education have been superseded, except where the vigilance of personal interest has caused them to be observed. In almost all the points connected with the Eleemosynary Character of Colleges, with their Rule of life, with their prescribed Studies, with their Religious Services, with their relation to the University, the Statutes, are disregarded ; and the Visitors, so far from preventing, have even con- tributed to, their disuse. It must be added, that no attempt has been made to obtain tbe aid of the Legislature, to correct what was wrong, or to render lawful what was in itself right though unstatutable, or to save the paramount objects of Founders when they were endangered by the retention ol what was in itself of little value. QUESTION AS TO POSSI- BILITY OF ALTERING STATUTES. OBSTACLE PRESENTED BY THE OATHS EXACTED FROM ALL MEMBERS ON THE FOUNDATIONS OF COLLEGES. New Coll. Stat., c. 9.' MagJ. Coll. Stat., c. 52. The question which naturally arises on reviewing this contrast between the statutable obligations and the practice ol the Colleges is, whether they possess any power of altering regulations Avhich have thus been habitually disregarded for centuries, and which must continue to be disregarded. In approaching this question, we must observe that the Head and Fellows of all Colleges are bound to the inviolable observance of all these Statutes by Oaths, increasing in stringency and solemnity in proportion as the Statutes become more minute, and less capable of being observed. In tbe earlier Colleges tbe Oaths are comparatively simple, but from the time of Wykeham they become very elaborate. The Oath imposed upon the Fellows of New College fills more than three closely-printed octavo pages ; that of the Warden no less than five. The following clauses of the Oath refer to the observance of Statutes. They are found almost in the same words in the Codes of Magdalen and Corpus. “ I will inviolably maintain, “ execute, and observe, and will cause to be maintained, executed and “ observed by others .... all and singular, the Ordinances and Statutes of “ the said College of the Blessed Mary at Oxford, and also of the College “ of the Blessed Mary near Winchester, that have been put forth, and shall be “ put forth, by the said Reverend Father, Lord William of Wykeham, Founder “ of the said Colleges, so far as they concern myself, according to the literal “ and grammatical sense and meaning of the same. In like manner that I “ will in no wise entertain any other Statutes or Ordinances, Interpretations, “ Changes, Injunctions, Declarations, Expositions, or any other glosses, anywise “ repugnant to the present Ordinances and Statutes, or to the true sense and “ meaning of the same, derogatory therefrom, or contrary thereto, which shall “ be made by any other person than the said Reverend Father, William of “ Wykeham, the Founder aforesaid, nor will I consent to such, nor in any “ manner acknowledge them, nor obey them at any time, nor take notice of “ them, nor in any way use them, or any one of them, in the College aforesaid, “ or abroad, directly or indirectly.” The Founder of Magdalen has shown how minute and literal was the observance to which he intended to bind the Members of his Society by oath ; “ Lest subtle contrivance should deal with our “ present Regulations, or fraud grow up hereafter, in the case of our Ordinances “ and Statutes, as we have seen it happen in very many others, we oi^ain and “ enact, under the pain of anathema, and the wTath of the Almighty God, REPORT. 147 “ that no one of the Scholars or Fellows of our said College do maintain, con- “ strue, or defend, out of wilfulness, for hatred, or other cause or occasion “ whatsoever, any particle thereof under the influence of a sinister interpre- “ tation, foreign to the scope of our intention as aforesaid, or hy persuasion of “ any colour, cunning, or device, or on any occasion given, contained, or sought From what has been said above, it will he sufficiently clear that these Oaths are wholly ineffectual to secure an observance of Statutes, which are not, and cannot be obeyed in the letter, and often are not, and ought not to he obeyed in the spirit. It is true that considerable departure from the Statutes is justified by common sense, by the law of the land, and by the custom of centuries. But the retention of Oaths, imposed for the very purpose of pre- venting such departure, must be regarded as an evil so great, so foreign to the spirit of our age and laws, so distressing to many conscientious men, and in a place of education so mischievous, that morality as well as convenipice joins in demanding the aid of the Legislature for an immediate abolition of this sanction, which now serves only as an excuse for resisting inquiry respecting the breach of those Statutes which it was meant to preserve unbroken. It must be remembered that these Oaths are relics ol‘ a time when it was thought that men might be terrified into a superstitious obedience, whose consciences were not to be trusted to secure the performance of their duty. They were also imposed in an age when, as the Preface to the Laudian Code, in quaint but expressive language reminds us, the obligations to observe them might be dispensed with by ecclesiastical authority. “ Probably Preface to the Oxford “ no great exertion was requisite on the part of the men of that age to University statutes. “ disembarass themselves of the nets and toils of Statutes, inasmuch as they “ had at hand a cheap and easy remedy, and the sanctuary of innocence “ would open at their bidding; seeing that in those days the Pope superseded “ innocence, by the courtesy and kindness with which he indulged impunity “ to sin — the Tiber succeeded to the Jordan for the cleansing from all the “ leprous guilt contracted by the constant obligation to commit perjury.” “ In 1511,” writes Anthony Wood, and “several ages before, it was a common “ thing for the Chancellor graciously to give licence to all Regents ‘ ut “ ‘ eligerent sibi confessores idoneos ut eos absolverent ab omnibus delictis “ ‘ perpetratis,’ of which the chief was perjury.” This state of feeling has passed away ; but Oaths have survived. Those to observe the Statutes ol the University were removed in 1838 by the University itself ; but the members of the foundations of Colleges are still sworn to observe their Statutes, and these Oaths must continue to be exacted till the Legislature interferes. It would not be sufficient to pass an Act enabling Colleges to abandon the recommenda^ imposition of Oaths; for the Statutes bind the Head to require them, and as unlawful, and to the Fellows and Scholars to take them. These Statutes all existing Heads g.^2TUTEs^^^^™ have sworn to observe, and many would probably refuse to avail themselves of such a permission. We are therefore of opinion that no time should be lost in prohibiting the imposition of Promissory Oaths in Colleges as in all cases milawful. Indeed any attempt in modern times to impose upon men Oaths or declarations intended to prevent the alteration of Statutes by lawful authority would be disallowed as contrary to public policy. Nor would the abolition of such oaths be sufficient. It would not relieve the Colleges from the burden of their unalterable Statutes, even though no declaration to keep the Statutes should be substituted for the oaths ; since the acceptance of a place in a Foundation in which the Statutes remained unre- pealed, Avould be regarded by many as implying an obligation to keep them. All obsolete and impracticable enactments in the Statutes should be annulled ; and it should be rendered possible for Colleges to bring their practice into har- mony with their laws. If this were done, there would indeed remain but small portion of the present Codes ; nothing, perhaps, but what is necessary to hold together and to perpetuate each Corporation. But no Statutes are really required, except those which define its constitution and government, the rights and duties of its members and officers, the mode in which vacancies are to be filled up, and the causes which are to produce such vacancies. Christchurch has existed from the time of its foundation without any Statutes at all. The Preface to the present Statutes of Balliol College, given to it by Po})e U 2 148 OXKOED UNIVERSITY COMMISSION. Ball. Coll. Stat. c. 2. COLLEGES GENERALLY HAVE NO POWER TO ALTER THEIR STATUTES. See Mr. Dampier’s Sub-report. SUCH POWER, IF EXIST- ING, NOT LIKELY TO BE USED. INTERPOSITION OF LEGISLATURE NECES- SARY. TO WHAT EXTENT. CHANGES RECOMMENDED AS NECESSARY. See Mr. Dainpier’s Sub-report. Julius II., well expresses the necessity for alteration, in language which is equally applicable to all Colleges in all times. “ We do not issue these Statutes “ because none previous have been issued — for in fact this is the fourth code “ promulgated— but because those Statutes framed up to this time have, by “ change of times and men, after the fashion of human affairs, reached that “ point, that what in the beginning brought to the framers profit and use, “ afterwards in the course of time brought loss and the greatest mischiefs.” The question still remains how far it is possible to effect alterations in the College Statutes. In former times this appears to have been done with great facility. Balliol, as has just been intimated, is now governed by the last of four codes. University College has also had three codes at least, before that which is now in force. Exeter College is not now governed by the Statutes of its Founder, Stapledon. Oriel from a few months after its foundation was governed for four centuries by a code which had supplanted that of its royal F ounder. The framers of the Statutes of Lincoln and Brasenose were not the original Founders of those Colleges. The code drawn up for the regulation of Wor- cester College by its Founder gave Avay within twenty years after his death to Statutes framed by his Trustees. These alterations, however, Avere not effected by the Colleges themselves ; and in no case is such a poAver granted to Colleges by the Statutes. We are informed that, in Colleges of Royal foundation, the CroAvn, as representative of the Founder, Avith the consent of the Society, has this poAver. This per- mission, hoAvever, can apply only to tAvo, or at most, three Colleges in Oxford. We are also informed, that the laAV Avould permit changes to be made Avith the joint consent of the Colleges, of tlie Founder’s heir (where he can be dis- covered), and of the CroAvn; and that such a permission has been obtained by several Colleges in the sister University. But this poAver has, we believe, never been exercised by any College in Oxford, and the right to exercise it is there generally doubted. In some Colleges, and those among the most important, the FelloAvs are solemnly forbidden by the Statutes not only to alter, but to accept, or even permit, any alteration. The Duke of Wellington is reported to liave assured the House of Lords, in 1838, that the Heads of Houses had undertaken to revise the Statutes of their several Colleges. Whatever may have been their Avish and intention, no result has ensued. But it is of little use to discuss the legal question of their poAver to alter. It is not probable that the consent of several of the most important Colleges could be obtained to any change in the Statutes. Some Avould think them- selves precluded from aiding in bringing about changes Avhich they would gladly see effected, because they had sworn not to alter or accept alterations. Considering that such persons live in habitual disregard of most of the Statutes which they have sworn to obey, it might be thought that they Avould gladly seek a remedy for the evil. But such inconsistencies are beyond the reach of arguments. It is probable, hoAvever, that many who Avould not promote a reform actively, Avould Avillingly conform to the law, as they conform to the laAv Avhich has set aside the religious purposes for which their College Avas founded ; and Ave believe that the great majority, however averse to the inter- position of the Legislature, Avould honestly obey its enactments. We are of opinion, then, that if a reform in the College Statutes is to be effected, it must be effected by the authority of the Legislature. But it Avould not be necessary that the Legislature itself should frame minute Codes for the several Societies. It Avould be sufficient for it to lay doAvn certain leading principles Avhich AA'ould thus become part of the laAV of the land, and in all other matters to grant to each College, under such control as may be thought expedient, an unrestricted poAver of alteration for the future. We noAv proceed to state the particular changes in the Statutes, Avhich in our opinion, are absolutely necessary. These changes, hoAvever great they may appear, are not larger deviations from the Founders’ injunctions than those Avhich, as Ave have just seen, have been tacitly introduced by the Colleges themselves ; and it may be added, that the decisions of our legal tribunals, in promoting the primary intentions expressed in aamIIs and charitable foundations, to the neglect of subordinate provisions, appear to justify our proposals. REPORT. 149 I. REMOVAL OF RESTRIC- TIONS IN ELECTIONS TO FELLOWSHIPS. NATURE OF PRESENT RESTRICTIONS. THEIR RESULT. GREAT IMPORTANCE OF REMOVING THEM. Evidence, p- 129, 132. Compare Evidence of — Prof. Browne, p. 7. Mr. Senior, p. 17. Archbishop Whately, p. 27., Mr. Grove, p. 28. Mr. .Towett, p. 35. Mr. Pattison, p. 49. Mr. Bart. Price, p. 61. Mr. H. Cox, p. 97. Prof. Vaughan, p. 90. Mr. Conington, p. 116. Sir C. Lyell, p. 122. Mr. Freeman, p. 141. Mr. Wall, p. 150. Mr. Congreve, p. 153. Dr. Twiss, p. 156. Sir E. Head, p. 161. Mr. Lake, p. 172. Mr. Litton, p. 178. Mr. Bonamy Price, p. 194. Mr. Morgan, p. 196. Mr. Henney, p. 209. Mr. Clough, p. 214. Mr. Foulkes, p. 225. Mr. Neate, p. 242. Mr. Rigaud, p. 322. Tutors of C. C. C., p- 336. Of the changes required, perhaps the most important is that of removing restrictions on the Elections to Fellowships. These restrictions are, as we have seen, of varions kmds. The most iniurious are those which confine the Fellowships to natives of particulai localities, to members of particular families, and to those who are, oi have ^^The^rL°ult of these various limitations, whether imposed by Statutes or the practice of Colleges, is, that, of five hundred and forty Fellowships, there are Larcely twenty which are open to general competition ; and of these, few, il any, can be considered as absolutely free from statutable restrictions. Every other recommendation we propose depends in a greater or less deg on the removal of these restrictions. The extent of the ^vil, and tl^^ par^ mount necessity of removing it, are well stated m the words of Mi . t ®mp . “ The system of election to Fellowships is, above all other defects at Oxloid, “ that whie remedy is most needed and most important. The Fellows are so “ completely the governing body of the University, that, if no other change “ were made tliaS to throw all the Fellowships open, and secure that the » elections were honest, all other reforms would follow spontaneously. A “ body of men elected in the interest of learning would be sure, in course of “ time, to adapt everything to the needs of learning. , . -i r “ It is now too late to wait for the results of such a process; but the reform “ of the election to Fellowships still remains by far the most important ol ail “ the reforms that can be made in Oxford. i j 4.1 rw “ There are in Oxford 542 Fellowships. This does not include Den y- “ ships at Magdalen, but it does include all the Fellowships at St. Johns an “ New College, and all the Studentships at Christchurch, which differ fiom “ Fellowships elsewhere in being tenable, and to some extent actually lieia, ny “From this body of men has to be supplied all the studying all the “ educating power of the University— all the Professors, all the iutors, a “ those who pursue learning for its own sake, and beyond the needs ot prac- tlCcXl lllO* “ Out of this number, only 22 are in such a sense open that a young man, on “ first coming up, sees his way clear towards them with no other bar than may “ arise from his own want of talents or diligence. “ The rest are almost all restricted to — 1. Persons born in particular localities. 2. Founders’ kin. 3. Persons educated in particular schools. “ The only Fellowships not so restricted are 10 at Balliol, 12 at O^ieb and “ 61 at Christchurch; and the latter are practically close, being m the pit “ of the Canons in rotation, who treat them very much as private p^roperty. . . . “ Of all the reforms to be made at Oxford, this appears to me the vital one. “ Without a thorough reform here, all other reforms are as lively as not to be “ mischievous, for the skill to use them will be wanting. With a thorough “ reform here, all others become of less importance, for tlmy are sure at last “ to follow. No corporate body is thoroughly reformed till its ablest men are “ put at the head of it. The Fellows have become the Heads of the University, “and cannot be dislodged. The nation is bound to see that they are e “ ablest men that the University can supply. When this is done, theip will “ some meaning in the cry for ‘ internal reform ; till then, any lea re 01 ma “ from within is impossible.” , . We will first show the evils arising from the system of close 1 ellowsliips. They are well stated in the following Evidence .mischievous Evidence, p. 130. “ The effect of these restrictions, says Mr. Temple, is most miscmeyous “ Men who are naturally well fitted to be country Clergymen are bribed, “ because they are born in some parish in Rutland, to remain m x or as “ Fellows, until they are not only unfit lor that, but for everything e se. e “ interests of learning are entrusted to those ivho have neither talents nor me 1 “ nation for the subject. The Fellowships are looked upon and used as mere “ stepping-stones to a living. A large number of the Fellows live away Irom “ the place, and thus in reality convert the emoluments to a purpose quite EVILS OF CLOSE FELLOWSHIPS. 150 OXFORD UNIVERSITY COMMISSION. Evidence, p. 97. POPULAR ARGUMENTS FOR CLOSE FELLOWSHIPS. Evidence, p. 200. “ alien from that for which they were intended. On the other hand, the Under “ graduates suffer a double loss ; first, in being deprived of the legitimate “ stimulus to study, and, secondly, in having their instruction entrusted to an “ inferior body of men.” “ The effects of the existing limitations of Fellowships to counties and “dioceses,” says Mr. Hayward Cox, “are undoubtedly the reverse of those “ contemplated by the Founders, whether the advancement of learning or of “ piety he understood to have been their object. They crowd the Colleges with “ inferior men, often Avithout either the power or the inclination to promote “the interests of education, Avith draw many Avho might be useful in their “ appropriate spheres, hold out incentives to indolence, selfishness, and self- “ indulgence, and engage persons in the work of instruction Avho are Avithout “ zeal in the pursuit, adopting it simply as a means supplied to them by their “ Collegiate position of enhancing their income temporarily until they succeed “ by rotation to those parochial duties and emoluments Avhich are the ultimate “ objects of far the greater number.” It Avould he easy to shew that these restrictions are often a mischief rather than a benefit to the very classes Avho consider themselves privileged. It is within the knoAvledge of one of our oAvn body, that of three FelloAvs nominated, since the beginning of the present century, to a College in Oxford by a local body of electors, tAvo Avere actually rejected Avhen they presented themselves Avith a vieAv to pass the easy ordeal for a common Degree, and continued FelloAvs of the College for years Avith that ineffaceable stigma upon them. It is also within his knoAvledge that many persons, and of these three in immediate succession, claiming close Exhibitions under similar circumstances, have been rejected by the College for glaring incapacity ; and that of twenty-four youths admitted, as being of kin to the Founder, in the course of fifty years, twelve have lieen rejected in the schools, and that twelve only, including some of those Avho had been thus ignominiously repulsed, have after all obtained the FelloAvships connected Avith their Scholarships. It may Avell be questioned whether the inducement Avhich such Foundations offer to parents to bring up youths of this kind for the University does not prove a serious evil to them, forced as tliey are, for the most part, to turn to some other pursuit in life long after the age at Avhich they ought to have entered upon it ; or to continue in a position for Avhich they knoAV themselves, and are knoAvn by all around them, to be unfit. It cannot be doubted that a Fellowship bestoAved on the native of a parish, because of his merit, is far more valuable to the parish, than Avhen an accident throAvs it into tlie hands of a person Avho has no qualification for a learned life, and Avho cannot, therefore, turn his good fortune to advantage. Attempts, hoAvever, have sometimes been made to represent close FelloAvships as beneficial to the Colleges, and open FelloAvships as attended Avith serious disadvantages. It has been said that in the Colleges where the great majority of the Fellows are elected solely on the ground of their superior acquirements, but Avhich have also ^some close FelloAvships, it is seldom found possible to retain men for any length of time as Tutors and College officers, except those Avho belong to restricted Foundations; and that, Avithout such a resource, the Colleges Avould have been incapable of fulfilling the duties of education, or carrying on their domestic and financial economy. Mr. Merivale, Avho alone of those who have communicated Avith us, argues for the use of close FelloAvships, urges this objection strongly. His argument, hoAvever, is founded on an error in the fact Avhich he adduces in support of it. At Balliol College he supposes that the permanent Tutors Avere furnished chiefly by close Foundations. The fact is, that there has been only one Tutor supplied by the only close Foundation of that College during the last thirty years, Avhilst it may be stated on the other hand, that at Pembroke College, the Avhole staff of teachers, including the Master and Tutors, is furnished entirely by the small but open Foundations wdiich that close College contains. It is also urged by Mr. Merivale that his experience in open elections to FelloAvships leads him to tliink that patient and self-denying industry AA^as seldom rewarded by success, and that the day Avas usually carried by mere “ cleverness,” though, of course, not Avithout a certain amount of industry ; and he consequently pleads for the retention “ of a limited number of close FelloAv- “ ships to rectify the inequality, though in a very imperfect and anomalous “ Avay.” But even if it Avere the case, Avhich Ave cannot admit, that brilliant REPORT. 151 fnlpnts ind dazzlin«- accomplishments, unaccompanied by solid qualities, are SSed by r in open Colleges, close Fellowships would not remedy the evil complained of. Close Colleges (as we have stated) have notoriously the mostdiffi^^^^^^ Tutorsi andtheOxford Fellowships are so nume- rous that if all were thrown open, there would be ample room not only for men Tf the highest abilities, but also for most of the patient self-denying men, whom all must^desire to see rewarded. A large number of able Students would doubtless resort to Oxford : yet the great majority there, as elsewhere, must consist of men of average ability, who would continue to obtain Fellowship , as at present, though at the cost of some additimial ^''^^lows''^^^^ apt Tf has been said further, that in open Colleges the hello w^s aie apt to combine into religious schools and parties, under the influence ol some one vigorous mind, and are enabled by their position to their wfth more effect, and thus to agitate the University and even the Chuich at laro-e. Such arguments probably weigh little with most persons; t^^y cer- tLily do not influence the practice of the best Colleges, winch stmin the r Statutes to the uttermost, in order to let in the ablest candidates. But those who ur'^e such aro-uments seriously, should recollect that the general lemova rf only tend to distribute these dangerous persons more '^"^We^nraT'prora to state^ the positive advantages to be expected from throwing open the Foundations generally. Such a measure is absolutely necessary in-order to render the revenues ol the Colleges available loi the ser vices of learning and education. The wealth of Oxford is comnionly laid to the account of the University. But this is a TIniversitv has no large revenues, as Ave have already shown. It is to the Colleo-es ^that large landed estates are conflned. They receive, it is said, not much less than 150,000^. per annum between them from endowmeiits, exkisively of what is paid by the Students. This might be rendered a noble movision for learning and science, hut if these endowments were multiplied tenfold and distributed to a tenfold number of Fellows elected without lefer- ence to their talents and acqiiii-ements, little would to the University. The architectural magnificence of Oxloid would be diminished, and many excellent men would suffer, and great opportunities of future o-ood will be lost, if several of its richest Colleges were swept away, hut little present loss would be sustained by the University, the church, oi the cora^ryj^oiie s j^^ve now become national institutions. They have becorne great because they have absorbed the University, and drawn to themselves its functions, educational and literary. Seven eighths of its Students must be members of Colleges. Their Heads furnish its Vice-Chancellois, and foini the Board of its Governors, which has the sole right of initiating measures ; their Fellows are its Teachers, its Examiners, its Proctors, its learned men. The only elements of the University external to the Colleges are the Pr^essors an five surviving Halls. The Professors, as well as the Heads and Tutors of Halls, commonly are or have been Fellows. “ The Fellowships, as Professoi Vaughan observes ‘‘ are the centres of the whole academical system. They act upon all parts of the University at once. Undergraduates, Bachelors, Masters and Heads “ ^^f Houses, on all who study, on all Avho teach, and on all who at present govern “ They are the rewards to which the Undergraduates and Bachelors look, and “ for which they labour; they support the Resident Masters and lutors, and “ therefore provide the instruction, as, through the Heads of Houses who are “ elected from the FelloAvs, they determine the discipline and government. Whatever changes may take place, the Colleges will continue to be cnoia i scholars. twenty- five years ago ; and the Scholars, like the bellovis, aie now e ec et ^^IrJ^the year 1834 it was ordained by a decree of the Visitor and the College that a new Statute altogether should be substituted for the App! p. 3 g. respecting the Scholars. There are, according to that decree, to be tivelve 190 OXFORD UNIVERSITY COMMISSION. BALLIOL COLLEGE. Evidence, p. 314. EXHIBITIONS. Evidence, p. 314. COMMONERS. NUMBER OF MEMBERS 1851. REVENUES. Evidence, p. 314. STUDIES. IN Evidence, p. 317 . ADVOWSONS. VISITOR. Balliol Statutes, c. 40, 41. OATHS. c. 7, 14. MEASURES REQUIRED. Scholars, besides Mr. Blundell’s, under nineteen years of age at the time of their election, to be chosen by the Master and Fellows, on the ground of supe- riority in learning and morals. Not more than two are to be chosen in one year. It does not appear that tlie Statute applies to Blundell’s Scholars, who are still to come from Tiverton School ; but Lady Periam’s Scholar falls under that Statute. The Scholarships appear to he worth about 32/. a-year. Balliol College is rich in exhibitions. Ten of these, founded by Mr. Snell, and of the annual value of 116/. 10s. each, tenable for ten years, are in the gift of the Principal and Professors of the College of Glasgow, for the Students of that College. Fifteen others, varying in value from 15/. per annum to nearly 60/., and tenable for terms varying from seven to fourteen years, are in various nominations, and for the most part confined to schools, counties, or families. The number of Undergraduate Commoners in the College in 1851 was eighty, paying on the average 78/. a year for battels. The total number ol members of this College in 1851 was three hundred and thirty-four, and about eighty resided within the walls. The total revenues of the College in the year 1850 were 5,896/. 9 n-„i i^vhich is one of the Visitorship. The result of this has been “ at present smallest Colleges ,™ which we recommend would, indeed, the most distinguished. Ihe “oos"'®® J’* „;„sirv with it- but on the other enable other Societies to cany o>' inishackled than at BALLIOL COLLEGE. 192 OXFORD UNIVERSITY COMMISSION. MERT0?^0LLEGE. HOUSE OF THE SCHOLARS OF MERTON, otherwise MERTON COLLEGE. From this College we have received Evidence, as to its Studies, Discipline and corporate Revenues, but we have not been furnished with a copy of its Statutes. A translation, however, of the Statutes of Merton, and of many other documents connected with the history of the College, was published by Mr. f^erceval m 1847, and to this our references have been made. The MS from which tlie translation was made is in the British Museum, and from this Copv is taken the text printed by our orders. ^ STATUTES. Merton Statutes, c. 1, 30. We liave already said much concerning the history of this the model of endeavour to avoid repetitions as far as we can. *1 of Walter de Merton, given in 12/0, are still the Statutes of the College. The Founder directs that they shall “ be observed without mterinission during all times to come,” and tlie Officers of the College are to ^PP^y 5*^11 diligence “ that tlie rule he fully observed for ever without fraud or evasion. ’ Visitors have, however, modified them in many important points, and It will be found that by far the greater part of their provisions lias ceased to be observed. STATUTABLE CONSTI- TUTION OF THE COLLEGE. PRESENT CONSTITUTION OF THE COLLEGE. THE WARDEN. Ibid. c. 29. EMOLUMENTS OP THE WARDEN. Ibid. c. 28. Perceval, Merton Statutes, p. 07. Evidence, p. 318. The College Avas to consist of a AAarden, four Ministers of the Altar, or three at feAvest, and as many Scholars as the means of the House could maintain, each individual receiving fifty shillings, and no more. It Avas also to educate thirteen young children of the Founder’s kindred Avho might need supjiort in consequence of the death or poverty of their parents. It noAV consists of a Warden, tAventy-four FelloAvs, and tAvo Chaplains. No qualification beyond those of judgment and experience in spiritual and temporal affairs are required in the Warden. It is not specified, as it is in the analogous cases in other Statutes, that he shall be in Orders, or a Graduate ; and it is expressly laid donm that lie need not belong to the House Avhen elected. The seven senior Fellows are to make inquiry of all the Scholars of the House, Avhether they are acquainted Avith any persons qualified as the Statutes re- quire ; and after taking into consideration “ the industry, probity, and respec- “ tability of the persons mentioned by the Scholars,” they are to select three of the number, “ or they may take any other persons and then they are to o-iye in these three names to the Visitor, in order that the Visitor may nominate any one of the three Avhom he may deem best qualified. But notAvithstandino’ these provisions, the election is virtually in the hands of the seven Seniors'; the practice being commonly to send up to the Archbishop the name of the Candidate really desired, coupled Avith tAvo others, not likely to be appointed. The College has, lioAvever, been, once at least, surprised by the choice of the Archbishop. The Warden is to have a table, at Avhich the Vice-Warden and the three Chaplains, and also the five servants, if so many are Avanted, avIio Avait on the Warden, the Vice-W arden, and the Chaplains, are to mess Avith him. For this he is to receive fifty marks a year out of the means of the House. The Warden is also to have tAvo horses, Avith jJrovender for them ; he being bound to visit every year all the manors and places Avhich belong to the House. He is also to have clothing for his oAvn person, and pay for his servants. And as the SteAvards, Bailiffs, and their messengers, are to be entertained at his table, the Warden, Vice-W arden, and the Chaplains are to receive a tithe of the improved income Avhich may arise out of any manor, provided that the improvement shall amount to one-half more than the original income. When the Warden becomes incapacitated for Avhat must then have been a laborious office, he is to be com- jictently and decently supplied in the house Avith necessary food and clothing for the Avhole course of his life. The Warden is to govern Avith the assistance of a seniority, varying in number in different cases ; but it appears from an opinion given by Counsel in 1680, that the Warden can by himself expel a FelloAA^, even Avithout previous admonition. The present emoluments of the Wforden’ in money, are 1,050/. a-year. ’ REPORT. 193 We have before stated that the number of Scholars (now termed Fellows) to be supported by his House was left unlimited by the Founder. They were to receive fifty shillings a-year for all their expenses ; and in case the goods of the House should have been so augmented that the number of Scholars would admit of increase at the same rate of support, it is to be increased “ for the “ honour of God’s name.” If the Warden, “inconsequence of his own self- “ indulgence,” should present any obstacle to an augmentation of the number of Scholars when the means are increased, he is to be fined at the discretion of the Society, and in case of obstinacy, is to be deposed by the Visitor “ as guilty “ of a grievous crime.” But if the Warden and the Society concur in refusing, means are pointed out to effect the Founder’s object, and the Visitor is required to interpose in virtue of his general authority. This was done, as we have seen, fourteen years after the death of the Founder, by Archbishop Peckham; again, by Archbishop Chichele in 1425, who ordered that Fellows should be elected to complete the number of forty-four ; and again by Archbishop Warham about one hundred years afterwards. Finally, Archbishop Laud, in 1640, issued an ordinance of a different character, enjoining that the number of Fellows should never exceed twenty-four at one time, without the express consent of himself or his successors. It appears from the Pope’s Bull of 1280, that the Founder had left in the Society no less than forty Fellows and four Ministers of the Altar. The Fellows are to be elected by the Warden and thirteen Fellows, or in case of difference by the Warden and the six senior of those thirteen. They are to be first and chiefly those who are of his own kindred, with a further pre- ference to the thirteen young children of his blood, who are to be brought up in the House until they make their way to the Schools, if “they be of abilities and “qualified for that purpose.” Next to them are to “ come persons who are “ from the Diocese of Winchester, and from other Dioceses and other places, “ where the benefices and estates in fee, and the other possessions appointed for “ the suppoi"t of the College, are situated.” The statement as to the restrictions on Fellowships, given in the Oxford Calendar, is, that “the Founder limited “ his bequest to natives of those Dioceses where he had property. Hence “ Hereford, Chichester, Exeter, Rochester, Lichfield, Chester, Carlisle, “ and the Welsh Dioceses are excluded.” This statement appears incon- sistent in several respects with the provision of the Statutes above quoted. The College early manifested its repugnance to receive persons of the Founder’s kindred, and from the preferred Dioceses, as we have already had occasion to show, as also to receive persons who were indigent and little advanced in learning. In the year 1438, or thereabout, the Warden repaired “ to Basingstoke, the more especial seat of kindred and place of proving it,” and by himself or by commission took the depositions of a “ kind of inquest of “ relations.” A pedigree was returned in full form by a notary public. But the last person admitted as a kinsman was admitted in 1486. In 1577, it was entered in the College Register that the junior of seven persons elected in that year was chosen “ non ideo quod de genere fundatoris sit, quemadmodum ejus “ pater probatum cupit, sed quod bonae spei juvenis.” The Statutes do not require that the Scholars should be of any particular standing in the University, nor that they should proceed to Degrees, nor that they should take Orders; but the College, apparently in the exercise of its powbr to make Bye-laws, has imposed on a certain number of its Fellows the last-mentioned obligation. The Scholars are to lose their place in the College when they obtain “ uberius beneficium.” But this rule being inadequate, and giving occasion to “ demonstrations of partiality or aversion,” Archbishop Laud determined that if any Fellow should obtain any secular fee or pension exceeding in value the emoluments which by the rule of the Society accrues to each of its Fellows, or receive any ecclesiastical benefice, with or without cure of souls, of above the value of eight pounds in the King’s books, he should become “ ipso facto a private man.” The Founder certainly did not intend that the Warden and Scholars should divide any surplus among themselves. The same Visitor, who had also limited the number of Fellows, decreed that one-half of the moneys paid to the College on account of leases or demises should go to the Warden and Fellows, and the other half be converted to the common uses of the College unless some further distribution should be allowed by subsequent Visitors. Whether the present practice of the College be thus authorised we have no means of learning:. O _ MERTON COLLEG . FELLOWS. Statutes, c. 25- Perceval, Merton Statutes, p. 67. p. 116. p. 87. ELECTION TO FELLOW- SHIPS. Statutes, c. 21 . LIMITATION TO KINDRED AND DIOCESES c. 40. c. 13. Perceval, p. 116. Perceval, p. 8S. 194 OXFORD UNIVERSITY COMMISSION. MERTON COLLEGE. SUBSEQUENT ENDOW- MENTS. POSTMASTERS. Kilner, pp. 125, 126. CHAPLAINS. COMMONERS. NUMBER OF MEMBERS ON THE BOOKS. STUDIES. Statutes, c. 3. Perceval, p. 50. ADVOWSONS. VISITOR. The common belief in the University is, that the elections to Fellowships at Merton were formerly determined by personal interest. But it is under- stood that of late years a considerable improvement in this respect has taken place. No Fellowships have been engrafted into Merton College since the Foun- dation, but it has received several benefactions ; of some of them we have no account. In the year 1380 Dr. Wylliot intrusted the College with an endow- ment for twelve Portionists, or Postmasters. These resided for two centuries and a half in a hall of their own, “ and with a Principal and establishment as “ in other Halls, for junior as well as distinguished Scholars. They were no “ otherwise in the College than as having a place in the College chapel, and “ thereupon, in the latter part of this time, they were made to serve as “ choristers in the same. And when, from decay of their Hall and reduction “ of their revenue, they were towards the beginning of the last (seventeenth) “ century compassionately taken into the College, it was as servitors to their “ several and individual masters, who found them tutorage and lodging, and “ the House not a little contributed to their commons.” Subsequently, by the “ liberal and liberating mind” of the Society, “ they were raised out of this “ state of humility, and then as places in the nomination of individuals were “ filled by the friends and relations of the nominating and other Fellows, and “the then introduced Tutors,” whereas before “the places” of Walter de IMerton “ were open and alike, on equal terms, to the whole exterior fiower of “ this University, and witliout excluding that of any other there might be in “ the kingdom.” This abuse has, we believe, ceased. The Postmasters are much in the same position as the Scholars of many other Colleges ; they are elected by open competition. Their emoluments are 40/. a-year, and three of them, selected for their merit, receive 20/. a-year more. The Postmasterships are tenable for five years. There are also four other small Scholarships. Archbishop Chichele ordered that, in addition to Walter de Merton’s three or four Ministers of the Altar, three or four more Chaplains should be supported in the College. There are now only two Chaplains, who receive 55/. and 60/. a-year respectively. The College now educates independent members. These were in 1851, twenty -seven in number, and together with Postmasters, Scholars, and Bible Clerks, formed an Undergraduate body of thirty-five. The average amount of the battels of Commoners was 120/. The total number of members on the books was, in the year above named, one hundred and seventy-six. The Scholars, that is, the Fellows, are by the original Statutes to employ themselves in the study of Arts or Philosophy, the Canons or Theology ; but the majoritv are to continue in the liberal Arts and Philosophy “till they are “ passed on at the award ol the Warden and Scholars, to the study of Theology, and four or five may become Students in Canon, or even in Civil Law. One is to devote himself to Grammar, and to be supplied with books and other requisites at the expense of the House. He is to have the care of the Students in Grammar, and the more advanced in years are to have recourse to him, “without a blush,” when doubts arise in his Faculty. The Fellows are to be divided into Classes of ten or more ; and each Class is to be under the care of some one of the discreetest ol the Fellows, who, under the name of Dean, must see to their proficiency in study and propriety in manners. It appears that, in other respects, the Fellows are to depend for their learning on the Teachers of the University. At a later period there w^ere disputations in the College, which are strongly insisted upon by Archbishop Laud. At present the Studies are much the same as in other Colleges. There is, considering the number of Undergraduates, a considerable staff of Instructors : it consists of two Tutors, besides a Lecturer in Divinity, and one in Mathematics. Merton College now possesses seventeen advowsons. lo some of these it presents only in turns with other Patrons. The Visitor is the Archbishop of Canterbury. There have, as we have seen, been many occasions on which Visitors have interfered in the affairs of the College. It would appear that till the time of Arclibishop Laud their decrees were all in furtherance, of the intentions of the Founder; but that Prelate issued some injunctions which it is difficult to regard as mere additions to or explanations of the Statutes. REPORT. 195 We subjoin the statement of its revenues and expenditure, supplied to us by merton college. the College ; — . revenues. “ The property of the College consists principally of manors, of freehold “ lands and houses, and of tithes, or tithe-rent charges. “ The freehold lands and tithes are, for the most part, let on leases for terms “ of twenty-one years, reserving rents in corn and money, and renewable every “ seven years on payment of fines. i • “ The freehold house property is similarly dealt with, except only that m “ such cases the terms are forty years, and the period of renewal after the “ expiration of fourteen. • “ The fines on renewal are set on the principle of the College taking, in tne “ case of lands or tithes, renewed for twenty-one years after the lapse ol seven, “ one year and three-quarters’ purchase, and in the case of houses, renewed for forty years after the lapse of fourteen, one year and one-quarter s purchase, “ of the estimated rack-rent value of the estate, after deducting the amount oi ** the reserved rent. “ The remainder of the freehold lands and houses are let at rack-rent, and “ the remainder of the tithes are in the hands of the College, with the ex- “ ception of such portions of the latter as, being customarily granted in ^^g- “ mentation of ecclesiastical benefices, form no addition to the disposable income of the College. i j i- i “ The copyhold property, held under the College as lords ol its several manors, is either of inheritance, on lives, or for terms of years, and fines and heriots are payable according to the custom of each manor on death or alienation, and on renewal of lives or terms of yem’S. Small annual quit-rents are also paid. r j a “ The College possesses also some sums of money iii the funds, the produce of sales of land effected under railway or other Acts of Parliament, and invested either under the direction of the Court of Chancery or in the names of Trustees. It derives also a small income from the rent of its rooms in College, and it reserves the timber upon its landed estates, the pioduce of which, however, has of late been wholly applied to the repair and improve- ment of the farm buildings upon them. “ The disposable annual income of the College (calculated on an average oi the last seven years) is, therefore, as follows ; — “ From fines of freehold lands and tithes . “ From reserved rents of the same . “ From rack-rent estates and tithes in possession “ From manorial profits ..... “ From dividends on stock .... From rent of rooms ..... Total . £. 2,500 1,800 2,000 600 200 120 s. 0 0 0 0 0 0 d. 0 0 0 0 0 0 £7,220 0 0 “ It should, however, be observed that, from the operation of various causes, such as the Tithe Commutation Act, Railway and Enclosure Acts, the repeal of the Corn Laws, and the non-renewal of some of its leases, the proceeds of the landed estates of the College have been subject to more than ordinary fluctuations during the period from which the above-mentioned averages are taken. The amounts stated, therefore, must be taken only as the nearest approximation to the present actual income of the College which it is in its power to make without entering into elaborate calculations and a troublesome minuteness of detail. “ The annual expenditure of the College is mainly as follows : — “ Expenses of establishment, including repairs and insurance of buildings, rates and taxes, servants and tradesmen .... “ Applied to the use of unincorporated members “ Law agency and surveying expenses “ School charities, &c. ..... “ Emoluments of Warden .... “ Emoluments of Fellows (average 22) at 150h “ Stipends of College officers .... £. 2,000 860 500 400 1,050 3,300 300 s. 0 0 0 0 0 0 0 d. 0 0 0 0 0 0 0 Total £8,410 0 0 2 C 2 196 OXFORD UNIVERSITY COMMISSION. MERTON COLLEGE. OATHS. PRESENT OBSERVANCE OF STATUTES. MEASURES REQUIRED. c. 1. c. 2. c. 3. c. 7 . c, 8. C. 8, 9. c. 10. c. 11. c. 20. c. 24. c. 25. c. 28. PROFESSOR-FELLOWS, Report, p. 180. NEW" SCHOLARSHIPS. “ A comparison of the foregoing estimates of receipts and expenditure shows “ an excess of the latter over the former amounting to nearly 1,200^. per annum. “ This has arisen wholly from the non-payment of fines in certain cases (espe- “ cially of tithes) where the leases have not been renewed, and are in the course “ of running out ; and the deficiency has been supplied, without disturbing the “ customary administration of the College, out of a previously accumulated “ fund. That fund is now exhausted, but the leases alluded to being also on “ the eve of expiration, it is obvious that the increased income to arise from “ the rack-rent value of those estates, when in possession, will still enable the “ College to pursue the same beneficial system in future, and probably at an “ accelerated rate.” The Fellows are on their admission to be subjected to the obligation of an oath to “observe all the particulars contained” in the Statutes, and “their “ sequel,” and, “ in an especial manner, that article” which provides that, in case of their expulsion, they shall expressly renounce every appeal and remedy of law. The Statutes of Walter de Merton, though liberal when compared with later codes, have for the most part fallen into disuse, in spite of this oath. We are of opinion that the oaths thus exacted should be prohibited; that the members of the College should be relieved from the statutable obli- gation of constant residence ; of pursuing obsolete Studies ; of devoting one F ello w to the study of Grammar ; of limiting the allow^ance of each Fellow to fifty shillings a-year ; of depriving the Fellows of their emoluments when they stay away from the Schools, that is, Avhen they do not reside in the Uni- versity ; of removing F ellows if they remain ill for a year without intermission ; of placing the Fellows in Classes under the care of Deans; of requiring a Fellow of mature age to sleep in the same chamber with the younger members; of appointing three or four Ministers of the Altar ; of having a reader at meals ; of having a common table, as ordered by the Statutes ; of speaking Latin at all times ; of holding periodical scrutinies into the life, conduct, morals, and pro- gress in learning of all members ; of holding special and annual visitations and inquiries into the life, conduct, and morals of the Warden ; of making annual progresses ; of distributing the increased revenues of the House in the pro- portions mentioned in the Statutes ; of such a mode of living in the Hall as is prescribed to the Warden and others; and of removing the Warden from his office in his old age ; and many other such provisions which almost fill the Statutes. We are of opinion that the local restrictions imposed by the Founder should be removed, as those family restrictions on which he laid the chief stress, have been already for many centuries set aside by tbe College itself. We have already intimated our opinion that two Professor-Fellows, receiving each the emoluments of three Fellowships, should be placed in this College. We are further of opinion that three Fellowships should be appropriated to the support of nine or more Undergraduate Scholars. The fifteen remaining Fellowships wmuld suffice for all the other purposes of the institution. REPORT. 197 EXETER COLLEGE. From this College we have received scarcely any Evidence, and we have been unable to procm-e a copy of its Statutes. Our account ol it, therefore, must be brief. EXETER COLLEGE. In the year 1315 Walter de Stapledon, Bishop of Exeter, removed from Hart, otherwise Stapledon Hall, the Scholars whom he House, to “an ancient place consecrated to learning, called St. Stephens “ Hall, which occupied the site on which stands the common gate, wi le “ tower over it,” of what is now Exeter College. He appointed that those who should receive maintenance from his liberality should be in number thii teen, o whom one should be conversant in Theology or Canon Law, and the rest m Philosophy. They were to elect their own Principal annually. , Edmund Stafford, Bishop of Salisbury, in 1404 reformed the Statutes, and by “his endeavours made to Pope Innocent VIL altered the name of the House “ from Stapledon to Exeter Hall.” He placed in the Hall two Scholars of the diocese of Salisbury. ^ i. a. u <■ The third code of Statutes was “ procured by Sir William Petre, to be sent “ to the College from William Allen, Bishop of Exeter and he also procured, in 1566, “ license from the Queen that the College might be a body politic and “ corporate, which was never so before,” with a confirmation also of all loimer gifts granted thereunto. The Statutes “ follow those of I rinity. King Charles I. annexed one Fellowship for the Islands of Jersey and Guernsey, in 1636. . ^ r u- n + Lastly, Mrs. Sheers, who died in 1700, left certain rents, out of which tno Fellowships were founded. The Corporation now consists of a Rector and twenty-five I ellows. The Rector is elected by the Fellows. As the benefice of Kidlington is annexed without institution to the Rectorship, and therefore prolmbly by Act of Parliament, it is certain that he will always be g clergyman. This College heino; poor, the office of Rector is not a lucrative one. The rectory ol Kid- lington can scarcely yield to the incumbent, after the legal burdens and the stipend of a Curate have been met, more than 200^. a year. It is geneial y believed that the Rector’s emoluments are under 600/. , ^ i r The Fellowships are now twenty-five. Eight of the Fellows are elected from the Archdeaconries of Exeter, Totness, and Barnstable; four from the Arch- deaconry of Cornwall ; two from the Diocese of Salisbury ; eight are open to thirteen counties, mostly those of the south of England; two must come from Hertfordshire or Surrey ; one from Jersey or Guernsey ; and one is nomm^ed by the Dean and Chapter of Exeter from any place they may deem fit. I he Fellows must, at the time of their election, be General Sophists, -- a qualmca_- tion which implies at present little more than that they have reached the seuon year of their standing. They must, we believe, all become Bachelors o Divinity, and therefore must eventually take orders. ... Exeter College is regarded as one which is very desirous of maintaining a high character, and which, therefore, endeavours to elect the niost able of those who, being statutably eligible, present themselves. A complaint has, inde^, been brought before us by a Candidate, who was rejected unjustly, as he alleges, in favour of another gentleman, who was not at the beginning of t le examination a competitor, and whose position in the Class list was ceitanily inferior to that of our informant. An appeal was made to the Visitor, the present Bishop of Exeter, who seems in his reply to intimate that he is not unfavourable to the appellant’s petition in itself, but that he has no powei to interfere. The College having declined to supply us with information, we are unable to pronounce any opinion on the merits of the case. The Fellowships are stated by Mr. Rigaud to have been, a few years since, commonly worth between 120/. and 1.30/. a year. It is believed that they have now fallen in value. Of the Fellows sixteen were and eight were not m orders in 1851. Two only were Undergraduates. Eight were engaged in the service of the College as Tutors or Officers. There are in Exeter College but few of that class ol Students, who are in FOUNDATION. Wood’s Colleges and Halls, p. 104. STAPLEDON’S STATUTES. STAFFORD’S STATUTES. Ibid. p. 105. PETRE’S STATUTES. Ibid. p. 106. EXETER HALL MADE A COLLEGE. Ibid. p. 107. IHE RECTOR. THE FELLOWS. Evidence, p. 322. SCHOLARS. 198 OXFORD UNIVERSITY COMMISSION. EXETER COLLEGE. COMMONERS. TOTAL NUMBER OF MEMBERS. STUDIES. ADVOWSONS. VISITOR. MEASURES REQUIRED. Evidence, p. 322. modern times called Scholars. The Fellows are legally Scholars, and those Members who receive emoluments under that name are not incorporated mem- bers. The College, in 1831, probably because it was desirous of securing a certain number of young men of ability, liberally provided four Scholarships from its own resources. There are sixteen other exhibitions, in various nomi- nations, which are apparently tenable for a period ranging from four to nine years. They are all confined to particular schools or localities. The number of young men educated in this College is very large. It con- sisted, in 1851, of one hundred and twenty-five Commoners, besides eight Undergraduate Scholars and Fellows. The buildings of the College are exten- sive, and the Society has laid out large sums in purchasing sites, in repairing the ancient parts of the fabric, and in adding new rooms. The number of Members on the books in the same year was four hundred and fifty-five. The Studies are much the same in this as in other Colleges. The Tutors are five in number, and they are assisted by a Mathematical Lecturer. Exeter College, Mdiich educates one-twelfth part of the Undergraduates of Oxford, by no means gains honours in the same ratio. This may be attributed to the deficiency of open Scholarships, which deprives it, doubtless, of its fair share of Students of superior ability and acquirements. Tlie College has fourteen benefices in its gift, some of which have been pur- chased so recently that the College has never yet presented to them. The Bishop of Exeter, as we have intimated, is the Visitor of the College. What his specific powers and statutable duties may be we have no means of ascertaining. We have stated that on one occasion the present Visitor appears to have thought that his jurisdiction did not extend so far as the case before him seemed to require. It Avill probably be found that the Statutes of Exeter College, which we have not seen, require little less revision than some of those which we have seen. We are of opinion that the oath to the observance of those Statutes, the obligation to take the Degree of Bachelor of Divinity, that of taking Holy Orders, and any provisions which enjoin obsolete practices, ought to be removed. On the subject of opening the Fellowships, we quote the words of Mr. Rigaud : — “ It is well known to your Board that the two principal Foundations in “ Exeter College are the old and close Foundation for the benefit of natives of “ the western counties, and the Petrean. “ The Petrean Fellowships are by statute open to natives of certain specified “counties, and ‘to natives of all other counties in which the Lord Petre for “ ‘ the time being has real property.’ These are therefore comparatively open. “ I have no hesitation in saying that the candidates for the Petrean Fellow- “ ships are generally superior men to those for the close Fellowships. I have “ no doubt that the close Scholarships and Fellowships were of less benefit to “ the College than they would have have been if open. It appears clear to “ me that the Petrean Fellowships would have been of yet more benefit to the “ College if more open to competition than they were and are ; and that such “ was at one time the opinion of the College in general is evident from the “ fact that certain counties before closed were (as I have been informed) opened “ by the purchase of small pieces of land, and their presentation to Lord Petre “ by Fellows of the College on taking preferment.” We think that an object, of which the importance is so fully recognised by the College, should be attained by a more direct process. We recommend, therefore, that the Fellowships should be thrown open to all Bachelors of Arts; that in order to place this College in a less unfavourable position than that in which it would find itself if, when Foundations in general had been relieved from restrictions, it should have only poor Fellowships and Scholarships to offer to Teachers and Students, ten Fellowships should be suspended, the proceeds of five to be distributed among the remaining fifteen Fellows, and the proceeds of the other five to be applied to the creation of ten Scholarships, perfectly open. Fifteen Fellowships would be sufficient to supply Tutors and Officers. This College is obliged to receive two Fellow’s from external bodies, — one from the Dean and Chapter of Exeter, another from the Dean and Jurats of Jersey and Guernsey alternately. We recommend that the election should in every case be placed in the hands of the Rector and Fellows. REPORT. 199 THE COLLEGE OF ST. MARY, IN OXFORD, commonly called oriel^llege. ORIEL COLLEGE. This College has not given us any information, and we have been unable to procure its present Code of Statutes. Tn 1 ^24 Adam de Brom almoner of King Edward II., procured from that foundation. Sovereign a Charter of Incorporation for a College, consisting of a R«^t°r Scholar! in divers Sciences, under the name oi St. Marys House, in O.'iford. The origin of its popular name of “ Oriel College ’ is uncertain. In the course of the same year the King ratified the conveyance ol a certain tenement in Oxford to the Rector and Scholars on Adam de Brom s surrender ol the Society to the Crown as Founder. nf On the 21st of January, in 1325, it was erected into a College M Scholars o Divinity; and in addition to certain other tenements, Adam de Brom granted to it the advowson of St. Mary’s Church in Oxford, on condition of keeping four Chaplains or Priests “ to celebrate service in the said Church every day “ for ever.” The title of the Head was then changed from Rector to Provost. There appear to have been two Codes of Statutes granted to this CoRege, g.j,,.pgTEs. apparently drawn up by Adam de Brom himself The second followed the first within a few months, as it would seem, of the same yeai 1326. were added a few Ordinances issued in 1330. The s^jcond Code, \vliich wa confirmed by Burgash, Bishop of Lincoln, superseded the ^[8^ Code, and o-overned the College till 1726, when a disputed election brought the qucstmn before the Courts of Law, and the original Statutes were restored, after having been in abeyance for exactly four centuries. , . i i This first Code, by which the College has since that time been governed, has not come into our possession. But the second Code, of which copies are preserved in the Record Office and in the Lambeth Library, and which is pi’in^d in Hearne’s Collection, resembles the earlier Statutes, we believe, so nearly, that the ancient constitution and condition of the College can be gathered liom i with tolerable certainty. This Code we have caused to be printed. There were to be ten Scholars, or Fellows, of good character, poor, and willing to study Theology; with a permission, however, for three to study Civil or Canon Law. A Superior, under the name of Provost, was to live m the house with them. They were to receive from the Provost twelvepence a ^ week, so long as they were resident. In case of absence, except on Co ege business, a rateable deduction was to be made. The number of Fellowships was to be increased with the increase of the revenues. The I rovost and Fellows were to live at a common table in the Hall, and the Scriptures were to be read durino- meals. A senior Fellow was to be placed in the chambers of the iunior'’Fellows to report their conduct to the Provost. They wm-e to behave quietly in their chambers, and to talk nothing but Latin or French. e harmony of the College was not to be disturbed by the introduction of relatives or strano-ers. The Fellows were to study Logic and Philosophy before 1 he- ology. They were to lose their Fellowships in case they took monastic vows, entered into service, obtained a rich benefice, or deserted study. 1 here were to be three Chapter-days in the year, on which masses wei^ to be said m bt. Mary’s Church for the souls of King Edward II., King Edward III., Adam de Brom, and Bishop Burgash. The btatutes were then to be read and iiiciuiij was to be instituted into the state of study m the College. New Statutes might be made by the College, with consent of the Bishop of Lincoln Ihe Fellows were to swear obedience to these and all other Statutes of the Bishop of Lincoln, and fidelity to the College. . n , , n.ri; These regulations were in some points modified or extended by the Urdi nances issued in 1330. Certain restrictions on the election of the Provost were removed. He was to have ten marks as an allowance, that he might keep a separate table. The Fellows were neither to commence nor leave their studies the University without the consent of the College. Weekly disputations were established. Laundresses were forbidden to enter. The chief points, it is believed, in which the Ordinances of these two Codes 200 OXFORD UNIVERSITY COMMISSION. ORIEL COLLEGE. FELLOWS. EXHIBITIONERS AND SCHOLARS. BENEFICES. NUMBERS. TUTORS. MEASURES REQUIRED. differ from those now in force, are that in the Statutes now in force Latin alone is to be spoken, without the alternative of F rench ; and that the authority of the Crown is everywhere substituted for that of the Bishop of Lincoln. The number of Fellows on the original Foundation has never, so far as we can ascertain, been increased with the increase of the revenues. But several Fellowships have been engrafted by later Benefactors. Four were founded for natives of the counties of Somerset, Dorset, Wilts, and Devon, by John Frank, Master of the Rolls in 1441, with a further annual charge upon the estate of twelve marks for a chantry in Somersetshire. One was added for natives of the diocese of Worcester, by Carpenter, Bishop of Worcester, about the year 1476 ; one for natives of the diocese of Lincoln, by Smith, Bishop of Lincoln, in 1507 ; two by Dudley, Chancellor of the diocese of Salisbury, in 1529. There are therefore now eighteen Fellowships in the College, of which six are confined, and twelve are open. The Fellows at present divide rather more than 200^. a year, in addition to allowances. The income of the Provostship, to which is annexed the living of Purleigh in Essex, and a canonry in Rochester Cathedral, cannot be estimated at less than 2,000^. a year. Several Exhibitions and Scholarships have been founded in this College by different Benefactors, viz., three (for Bachelors of Arts) by Dr. Robinson, Bishop ol London, 1718; six by Richard Dudley; four under the will of Henry Duke of Beaufort, 1744; two under that of Mrs. Ludwell, 1761 ; one (the Rutland Exhibition) by the Rev. Richard Twopeny, 1838; two under the will ol Dr. Ireland, Dean of Westminster, 1842; and six were, with great liberality, established by the College at its own expense in 1838, 1839, and 1840, and thrown open to public competition. There are thirteen benefices in the gift of the College. The number of Undergraduates on the College books in 1851 was 87; the total number of members of the College was 387. There are three Tutors, one of whom is not at present on the Foundation. This College was the first to throw open to general competition such of its Fellowships as were freed from local restrictions, and the consequence has been that lor many years it numbered on its list of Fellows some of the most eminent names in Oxford. In some instances, we believe, the limitations of the six close Fellowships have been evaded by electing into them persons from the open Fellowships, who happened to be natives of the favoured localities. We are informed, however, that the College has imposed one restriction on the tenure of Fellowships which is not enjoined in the Statutes. A Bye-law has been passed, by which those Fellows, whom the Statutes enjoin to study Theology, are now compelled to take Holy Orders within a certain number of years. Many persons have in consequence of this requirement lost their Fellowships. The permission which the Statutes accord to three of the Fellows to stiMy Civil or Canon Law is now interpreted of Common Law and Medicine. We recommend that the Oath to observe the Statutes should be prohibited; that the Provost and Fellows should be released from the obligation of per- forming any obsolete duties enjoined in them ; and that the circuitous mode above described of evading the local restrictions attached to some of the Fellowships should be rendered unnecessary by a direct removal of those re- strictions. We are also of opinion that the College should be empowered to suppress a sufficient number of Fellowships to endow twelve Scholarships, of the value of 50/. a year, tenable, as in other Colleges, for five years. The College, from the want of such a Foundation, does not obtain such success in the Examination Schools as might be expected from the character of those from whom its Fellows are taken. REPORT. 201 QUEEN’S COLLEGE. From this College we have received no Evidence. We have, however, procured a copy of its Statutes* from the British Museum, from which our printed text is taken. In 1340 Robert de Egglesfield, Chaplain or Confessor to Queen Philippa, procured a license from King Edward III. to found “ a Collegiate Hall,” in Oxford, under the name of “ the Hall of the Queen’s Scholars.” His motives and feelings, which are given by himself with unusual minute- ness, are worth preserving, as illustrations not only of his own Statutes, but also those of other Colleges, whose Founders have been less explicit. The object of the Founder was, he tells us, to establish a Hall, where men might be trained up in the study of Theology, “ to defend the Catholic F aith, “ to adorn the Universal Church, and to tranquillise and instruct the minds of “ Christian people.” It was to consist of a Provost and Fellows, who were ultimately to take Priest’s Orders, and study, in every Term, the Sentences and the Scriptures for eighteen years ; a certain proportion, however, were to study Civil and Canon Law for thirteen years. A dispensation was to be allowed from these duties, only in case the University should be removed from Oxford. Generally, failure in their exact discharge was to be visited with the irrevocable forfeiture of Fellowships. The Fellows were to be entirely relieved from the burden of teaching. Theological study was the main purpose of the institution, but there were other objects combined with it. First, for the sake of saying masses for the souls of King Edward III., Queen Philippa, the Founder and his family, and all Benefactors, thirteen Chaplains to be chosen and supported by the Fellows, were to celebrate Mass in the chapel of All Saints within the pre- cincts of the College, with solemn processions and anthems on great festivals. Secondly, a number of poor boys, bearing a certain proportion to the number of the Fellows, but so as not to exceed seventy-two, were to be maintained at the expense of the Provost and Fellows, and taught grammar, logic, and singing, by a grammarian and “ Artist,” chosen and paid for that purpose. These boys were to have their crowns neatly shaved, to be decently clothed, and to officiate as choristers in the chapel, and to receive their lood bare- headed. They were to be removed from the College for neglect in study, but if they attained the Degree of M.A. they were to have a preference in elections to Fellowships. Thirdly, there was to be a daily supply of potage, made up of beans and pease, with an admixture of wheat, barley, or oats, doled out at the College gates to the poor, besides other alms to be mentioned hereafter. The Founder professes himself unequal to carry out this great design; he has merely “ thrown in his widow's mite to begin the foundation “ his means, though not his will, are wanting.” In this difficulty, “ by a sort “ of divine intimation and miraculous intuition,” he bethought him of calling this Hall the “ Queen’s ” Hall, so as to place it under the immediate patronage of his mistress. Queen Philippa, and all subsequ(;nt Queens Consort of England; and in pursuance of this design, the Provost was bound by oath “ to watch, “ labour, study, explore heartily and effectively” to procure augmentation of the revenues of the Hall from the Queen Consort for the time being. The regulations by which the Hall was to be governed in part resemble those of Merton and Oriel. Residence was involved by the prescription of the thirteen or eighteen years’ course of study. The Provost was never to be absent more than a month, except on College business. Poverty was secured by the injunctions that none but the poor were to be elected, and that the number of Fellows was to be increased with the increase of property, a contingency to which the Founder frequently alludes as in a high degree probable. The * The Chapters not being marked in the copy of the Statutes which has come into our possession, we have been obliged to deviate from our usual mode of references. QUEEN’S COLLEGE, FOUNDATION. PECULIARITIES OF THE COLLEGE. Statutes — p. 9. pp. 10, 11. p. 13. p. 24. pp. 27, 28. p. 30. p. 5. p. 11. p. 12. p. 9. 202 OXFORD UNIVERSITY COMMISSION. QUEEN’S COLLEGE. Statutes — p. 13. p. 12. p. 16. p. 15. p. 30. p. 11. p. 33. p. 3. p. 27. p. 11. p. 30. p. II. p. 11. p. 9. p. 4. p. 9. Fellows were to receive ten marks yearly. Of this eighteenpence a-week was paid weekly for commons, and the rest lor clothes. If absent on any other than College business, or at any other time than in the long vacation, they were to lose their commons, and a proportion of their allowances. A henetice or property of the annual value ol ten marks was to vacate a Fellowship. The Provost w^as to "liave five marks beyond the portion of a Fellow. His emolu- ments were to rise with the increased labour involved in the inciease of the number of Fellows, and to reach 40/. a-year if that number should become forty or more. On no consideration were his emoluments to exceed this last sum. He might hold a benefice if it did not require residence. The Fellows were never to sleep out of College, except for a grave cause, or with permission of the Provost. Two Fellows at least were to sleep in the same room. The prohibition of archery within the walls, of chess, and dice, and of the keeping of hawks and hounds, found in many Statutes, is here first mentioned. Dogs are forbidden on the express ground that it does not become those who live on alms to give to dogs the bread of man. Music is prohibited as distuibing study. The injunction to have the Bible read in Hall, and to speak Latin, is common to all the Colleges, but here, as in Oriel, French is permitted as a substitute. . There are other regulations strongly tinged with the peculiarity of the Founder’s mind. According to the imaginative fashion of the times, he wishes his foundation to resemble, as nearly as possible, in outward appearance, the institution of the first preachers of Christianity. Hence the oiiginal numbei of the Provost and Fellows was to be thirteen, in memory of Christ and the Twelve Apostles ; and the ultimate number of poor boys, seventy-two, in memory of the Seventy Disciples. Hence the Doctors amongst the Fellows were to wear crimson robes, at dinner and supper, “ for the sake of confoimity “ to the Lord’s Blood hence thirteen beggars, deaf, dumb, maimed, and blind, were to be introduced daily into the hall, and have, at the common expense, bread, beer, potage, and fish, in order to remind the F ellows of the passion, love, poverty, and humility of Christ, Hence on Maundy Thursday thirteen begg£u*s were to eat in the presence of the Fellows, and were to receive from the Provost and Fellows vestments, and from the hands ol the Fellows the grace cup, “ in imitation of Him who on that day gave his blood in the cup to his “ disciples.” Lienee, probably, the injunction that the Provost and Fellows were to sit at table all on one side, as in pictures of the Last Supper, and (apparently from some similar mystical reason) they are to be convened to dinner and supper by the sound of a trumpet. Another peculiarity is found in the specific, and in part contradictory injunc- tions with regard to the election of Fellows. The Founder begins by declaring that, “as the University of Oxford, according to the meaning^ narne, “ receives from every quarter those who flock to it for the sake of study, so also “ the Hall is to close its bosom against no race or well-deserving nation (nulli “ genti aut benemeritse nationi), so that the election of Scholars to the Hall “ should be as general as the collection ol Scholars to the Uinversity is “universal.” This wide liberty is confirmed by his own nomination of the original Provost, and twelve Fellows from the several dioceses of Camsle, York, Lincoln, Norwich, Worcester, Canterbury, Winchester, Salisbuiy, Heie- ford, and Exeter. He “ charges the Fellows, without regard to hatied, “ fear, favour, acceptation of persons, or country, to prefer whomsoevei they “ believe to be of good character, poor in estate, qualified to advance m “ Theology, yet so, that if there are able men (habiles), then on account of the “ devastation of his country, the indigence of persons in it, and the unusual “ scarcity of education in it, they are to prefer those who have spiung Rom “ the counties of Cumberland and Westmoreland, and especially those of ms “ blood, and then coeteris paribus, those coming from the places whence the “ College derives revenues from benefices, manors, lands, or tenements. wide latitude given by the general tenor of these passages resembles the iirovisions previously made by Devorguilla, Walter de Merton, and Adam de Brom, though the grounds of the latitude are here more emphatically and explicitly stated. The preference of natives of the northern counties intro- duced thus abruptly, and it must be added inconsistently, m the conclusion of the regulations, is sufficiently explained by the “ devastation of his country m the terrible border warfare, which, in the twenty years preceding the foiinda- REPORT. 203 tion of this College, had ravaged the neighbourhood of Carlisle. The poor boys were to be elected in the same manner as the Fellow s,^ but with a preference to the parentage or kindred (parentela vel consanguinitate) of the Founder, and to the places where the College has benefices. The claims of Cumberland and Westmoreland are not specified. The mode of election to Fellowships is remarkable, and in some points different from that of any other College. “ It is, says the Founder, to be “ observed immutably for future times,” The Fellows are to be convened by the Provost ; the mass of the Holy Ghost is to be said ; the Provost is to charge each Fellow on his oath to nominate Masters of Arts able and fit to advance in the Theological Faculty, whether members of the College or not. After the nomination, the Provost is to charge the Fellows to make secret and diligent inquiry into the character of those nominated ; and after such inquiry the votes are to be taken at a subsequent meeting. A large body of officers and servants are to be maintained at the comnion expense ; seven of these officers are to be taken from the thirteen Chaplains, namely, the Dean of the Chapel, the two Precentors, the Sacrist, the Reader, the Clerk of the Treasury. There were to be also two Clerks to teach the poor boys chanting. Three officers were to be from the Fellows geneially, namely, the Treasurer, Chamberlain, and Seneschal of the Hall. Brewdng and baking was to go on within the College, under the supervision of the Seneschal and Clerk of the Treasury. There w'as to be a mill belonging to the Fellows within the College or hard hy. The servants were to have ten- pence a-week each, namely, the gardener, the cook, the baker, the brewer, the laundress who is never to enter the rooms, and the porter, who was also to be , the barber and wash the heads of the Fellows. These Statutes the Provost and Fellows were sworn to observe, but the form of oath is of a simpler kind than in most Colleges. The oath of the Provost was to administer his office “ according to the requirements of the Statutes “and of justice.” The Founder reserved to himself an unlimited powei of alteration, but forbade that any one else should “ place any interpretation QUEEN’S COLLEGE. Statutes — p. 27. u upon them except according “ without any gloss or “ that, through any desuetude, custom, abuse, or “ occasion whatsoever, there should be any derogation from the words p. 9. p. 26. pp. 20, 21, 22. p. 8. p. 21 . p. 29. pp. 28, 20. 10 . p. 33, 34. to the g,rammatical sense and exposition, any and “ intention of his Statutes in anything.” He granted, however, to the Provost and Fellows “free power” to “give dispensation in case of necessity or “ advantage in small things, and in things which did not touch the subveision “or grievous loss of the College or injure its laws of respectability, and to “ make new Statutes in no way derogatory or contrary to his own. Perhaps from this limited permission, possibly from the circumstance that he had already placed the College under the patronage of the Queen Consort, no Visitor was formally appomted in this College. The Archbishop of York, indeed, is commonly called so ; but he has in the Statutes no such name assigned to him, nor the ordinary visitatorial powers. His only duties are to admit the Provost when elected, and to depose him in case of notorious crimes ; to decide in quarrels between the Provost and the majority of the Fellous, and to enforce the increase of the number of Fellows. Aggrieved parties were sworn to take no legal remedies against the College. Some few of the peculiar ordinances of the Founder are still observed. 1 he Fellows are convened to dinner by the sound of a trumpet; they sit geneially on one side of the table, with the Provost or Vice-Provost in the centre. On New Year’s Day, on Ash Wednesday, and on Christmas Day, customs aie also retained in this College which are to be found no where else, and which have evidently descended from remote antiquity. _ But in hardly any respect can Egglesfield’s institution be recognised. 1 he income of the Provost is supposed to be not less than lOOOZ. a-year. The Fellowships average somewhat below 300/. a-year. The number of Fellows was raised at a remote period from twelve to sixteen, but has not increased with the increase of the property. Three Fellowsliips are appropriated to the Provost. The expressed wish of the Founder that his College, like the Uni- versity, should be open to all, has had no effect. The conditional preference to natives of the northern counties has been converted by long usage into an abso- lute exclusion of all others. On one occasion, in 1849, a proposal was made by some of the Fellows to elect a distinguished M. A., born in the county of Berks. This proposal was rejected hy a majority, on the ground that he was not PKESENT CONDITION OF THE COLLEGE. THE PROVOST AND FELLOWS. 204 OXFORD UNIVERSITY COMMISSION. QUEEN’S COLLEGE. THE TABERDARS. EXHIBITIONERS. i THE MICHEL FELLOWS, ! SCHOLARS, AND EXHI- ’ BITIONERS. t! : STATUTES OF THE MICHEL FOUNDATION. rUTORS. 'f UMBERS. born in Cumberland or Westmoreland. During the last year the Statute which enjoins the election of Masters of Arts was abandoned ; and a Bachelor of Arts, a native of one of the northern counties, who had obtained high honours, was elected. The preference to the kindred of the Founder is dis- regarded entirely, both in respect of the Fellows and the poor boys, as also the preference to places in which the College has property. The thirteen Chap- lains have disappeared. The Taberdars, or poor children, maintained on the Foundation, are now eight in number. They used to succeed to F ellowships as a matter of course ; but this practice, which was found to be ruinous to them and to the College, is now discontinued. But they alone are considered eligible to Fellowships. Twenty-one Exhibitions have been added since, of which eight are confined to schools in Yorkshire, Cumberland, or Westmoreland; and the others to natives of Lancashire, Cheshire, Wiltshire, Gloucestershire, and Middlesex. By the side of the old Foundation, a separate Foundation was established in pursuance of the will of John Michel, Esq., who bequeathed lands in Kent and Berks for that purpose in 1736. This Bye-Foundation, which is the most extensive of the kind in Oxford, consists of eight open Fellowships of the value of about 110/. a-year, and four open Scholarships of the value of about 70/. a-year, and four Exhibitions of about 5-5/. a-year, confined to natives of the the province of Canterbury. The Statutes for the regulation of this Foundation were drawn up by Blackstone and others. Visitors of the Foundation. These Statutes prescribe minutely the manner of election and the subjects of examination of the Candidates. No member of Queen’s College is eligible to the Exhibitions. The Exhi- bitioners are eligible to the Michel Scholarships, but have no preference. The Scholars are to rank with the Taberdars of the old Foundation, and some one of these is to succeed to a Michel Fellowship, if there be one of a certain standing. The Fellows on this Foundation are to have the same rank, and he on the same footing as the Fellows on the old Foundation in Chapel, Hall, and other public places in the College, and to take precedence according to their Degrees. They are generally to conform to and obey the Statutes of the old Foundation, but are excused from the necessity of entering into Holy Orders: they are to have special chambers assigned to them. The Fellows are to reside 120 days in each year, the Scholars 180 days, on pain of fine or removal. The Visitors of this Foundation were appointed by the will of the Founder : when a vacancy occurs, the two surviving Visitors appoint a successor. Any one is eligible to the office who is a Doctor of Divinity or Doctor of Civil Law, and Head or Fellow of some other College, and resident in the University. The Fellows and Scholars are to receive fixed payments, and any surplus is to be devoted to the purchase of advowsons. The Fellows are to be promoted to benefices according to seniority. Fellowships and Scholarships are to be forfeited generally on accession to an estate or preferment of the annual value of 100/. The Visitors have power and authority once every year, or oftener, to visit the Foundation, and to examine into all controversies which may arise. They are to receive ten marks each for their trouble, and to be entertained at the expense of the Foundation. The Statutes are to be immutable for ever. In some respects the College may be said to have benefited greatly by the annexation to it of the Michel Foundation. Whilst the old Foundation of Robert de Egglesfield has been closed to all the world, except the two northern counties, the open Foundation of Mr. Michel has brought to the College several eminent names. And perhaps no better example can be found of the use and advantage of open election than this small body. But the disad- vantage is most apparent of two Foundations wdth different interests and emoluments thus existing together. The whole management of the College rests with the older Foundation; the Tutors have always been appointed from it ; jealousies must necessarily arise between the members of two such bodies so constituted. Instead of mutually aiding each other, such Foundations tend rather to impair each other’s usefulness. There were in 1851 three Tutors and one Assistant Tutor. The number of Commoners in the College was fifty-one. The total number of names on the books was two hundred and eighty. REPORT. 205 There are twenty-four benefices in the gift of the College (all, except one, queen’s college. it may be observed, in the southern counties), and four in the gift of the advowsons. Visitors of the Michel Foundation. By a composition made between the College and the University in 1557, the p™nage^ot the election of the Principal of St. Edmund Hall is vested in the Provost and g-r. edmund hall. ' Fellows of Queen’s ; and this important office is always passed down for the Wood s Colleges choice of the Fellows, like a College living. P- We are of opinion that the oath of the Provost and that of the Fellows on measures required. both Foundations should be prohibited; and that the Provost and Fellows should be released from the necessity of taking Holy Orders, from the obligation of perpetual residence, of increasing the number of their Fellowships with the increase of the property, and Irom the observations of many other obsolete regulations. We propose that all restrictions on the election to the Fellowships and Scholarships be removed ; that the College should at length, according to the Founder’s wish so long frustrated, to the detriment of learning, and the dis- advantage of the two favoured counties, be as open to all as the University itself; that all Bachelors of Arts should be eligible to the Fellowships; and that the Scholarships should be open to all persons under the age of nineteen ; and that all Scholarships and Exhibitions should be tenable for five years. We also think it eminently desirable, for the reasons above stated, that the two Foundations in the College should be amalgamated, and the Fellows placed on an equal footing, and with equal emoluments. Four Michel Fellows, and twelve on the old Foundation, would be sufficient, if open, to secure to the College a succession ol able officers, and the funds of the Society would suffice to endow amply at least twenty Scholarships. The College, being able to accommodate at least a hundred Undergraduates, would, if thus reconstructed, become a noble place of education. The Exhibitions, in which this College is rich, would then, no doubt, be eagerly sought ; and soine of them being confined to natives of the northern counties would be useful in affording the means of a good education to deserving Students of the poorer classes in those localities. We have already recommended that the intention of the Visitors of King It^eport, p. isi. Henry VIII. to establish a Professorship in Queen’s, should, if necessary, be realised, two Fellowships being suppressed for that purpose. 206 OXFORD UNIVERSITY COMMISSION. NEW COLLEGE. Wood’s Colleges, p. 180. Ibid. p. 179. BUILDINGS. STATUTES. New Coll. Stat., c. 7. THE COLLEGE OF ST. MARY OF WINCHESTER, IN OXFORD, COMMONLY CALLED NEW COLLEGE. We have received no Evidence from this College; hut we have procured a copy of its Statutes from the British Museum, which we have caused to be printed. From these Statutes we have been enabled to ascertain its constitution, as designed by the Founder, and thus been better prepared to inquire into the nature of a considerable number of the other F oundations of Oxford, of "which, as "well as of King’s College at Cambridge, New College was the type. We have already pointed out generally the monastic and ecclesiastical character, as Avell as the magnificence of the institution of Mhlliam of Wykeham ; Ave liave referred to its present condition, and shown how, in our opinion, it may be restored to something like the proud position which it once occupied in the University; hut, in pursuance of the course Avhich we have marked out for ourselves, it is necessary that we should noAV enter upon an account, somewhat more detailed, of this remarkable Foundation. The Founder of New College Avas William of Wykeham, so called from the place of his birth. He Avas sometime Bishop of Winchester and Lord High Chancellor of England. It is stated by Wood, that he also bore the name of Perrott, Avhich Avas that of his parents, and that he Avas also known by that of Long, because of his stature. He Avas apparently of humble origin. We have intimated that he may, perhaps, have been led to found an institu- tion, combining a literary Avith an ecclesiastical character, because of the abuses Avhich had crept over monastic institutions in his time, and to Avhich he refers in strong language in his Statutes ; hut it is certain that there was much in the ; state of the country at large, and of the University itself, to lead a great and benevolent man to interpose, independently of such a consideration, though it J might affect the form in Avhich his munificence was bestowed. He states in his charter, “ that his chiefest reason was because of the scantity of scholars in “ the nation, having been sAvept away by great pestilences and Avars and the jury empanelled, to inquire Avhether the King would suffer any damage from ; the conveyance in mortmain of the site of the future College, delivered that ^ “ it Avas a common Avay or lane, and plots of ground Avhich Avere not built on, ! “ or included for a private use, hut Avere full of dirt, filth, and stinking car- • “ cases ; and also, there Avas a concourse of malefactors, murderers, and thieves, ; “ and that scliolars and others Avere there often Avounded, killed, and lost ; and “ that the said plots of ground lay Avaste, and long time deserted from the “ inhabiting of any person.” That these sites had once been covered Avith buildings seems certain ; indeed, it is asserted that the popular name, NeAv College, given to the institution of William of Wykeham, is derived from St. Neot’s Hall, Avhich stood on part of the ground purchased by that great Founder. He obtained in the year 1379, a licence from King Richard IL, to found a College “ for seventy scholars studying in the Faculties;” and soon after com- menced the erection of his buildings ; l)ut he did not put off the execution of his chief object till their completion, for he at once began to support fifty scholars in Hert Hall, and in other places in Oxford. The society took possession of the noble residence Avhich his munificence provided, on the 14th of April, 1386. It has been supposed by Wood, that its peculiar character was given to the exterior of the fabric, in order to enable it to Avithstand a siege if need should arise ; perhaps it is more probable that it Avas designed rather to secure the seclusion of a society Avhich he Avished to form on a conventual model. The Statutes uoav in force in the College are those given l^y William of Wykeham himself. He had reserved to himself full poAver of changing, augmenting, or abrogating them during his life. It a]>pears that he Avas con- stantly engaged in revising them, and that it AA^as not till the year 1400, that tliey Avere finally settled. He hound all the members on the Foundation by an oath to observe his statutes, “ and all and singular the things therein contained “ according to the plain, literal, and grammatical sense, and not to accept, REPORT. 207 PRESENT CONSTITUTION OF THE COLLEGE. “ consent to, or admit, in any wiy, any Statutes, Ordinances, Interpretations, new ^lege. “ Charges, Injunctions, Declarations, Expositions, or Glosses, repugnant t, o “ dero so that they be decent and respectable, but not too costly , and ^ y ^ handed over to the College without diininution at his death dejmrtui^ He is to have a number of horses not exceeding six, for himself, his family, and the Fellows engaged in the business of the College. In early times, owing mode ill which College estates were managed, it was necessary lor the authorities to make fretiuent progresses, and to take account f "• nroduce Hence, the provision respecting the keeping of hoises in the statutes of many of the Collegk The Warden is to be enabled to receive strangers at the expense of the College, whenever this might be necessary or conducive to the iSnonr and interest of the Society. His expenses are to be l«.d when e goes out of Oxford on the business of the Society. On he is to dine in the College Hall, and an allowance out of the goods ol the College is to be made for the entertainment. The Warden is to be assisted in sub-warden. Oxford, and represented when at a distance, by a by a seniority of thirteen Fellows, and receiving a salary of filty-three shilliiij^s The Warden is supposed to have at present emoluments of the value of ^^^I^ENSHm^^' 1,400/. a-year. A sinecure rectory is attached ^ ° ^ ^ ^ ^ the scholars or The Fellows are to be seventy in number, len ol them must stuay oiv , pj^^^^ows. and ten Canon Law, but these J urists may, under some circumstances, exchange the one course of study for the other, and thus the proportion may for a time be changed. The remaining fifty are to study the Arts, that is o say sophy, and Theology. Two of these, however, may devote themselves to Astro- nomy. Mr. Hallam states, that this was regarded m the middle ages as a pursuit closely connected with Theology, on account of its utility m ascertam- c. 1, 208 OXFORD UNIVERSITY COMMISSION. NEW COLLEGE. QUALIFICATIONS OF FELLOWS, c. 2. Hare’s Appeal, p. 6. OPPOSITION TO THE CLAIMS OF FOUNDER’S KIN. Blackstone’s Essay on Consanguinity, p. 76. ing the time at which the moveable feasts were to be celebrated. Two also might, with the permission of the Warden and the Dean of Theology, apply themselves to Medicine, but if not Doctors actually Regent, must turn them- selves to Theology, and make progress in that study. One of the most remarkable peculiarities of New College is its connexion with the other magnificent Foundation of Wykeham, the College of Winches- . ter. He ordains that, after his kinsmen, the persons to be chosen as Fellows of New College, must be poor indigent clerk scholars, having the first clerical tonsure, of good morals and dispositions, sufficiently taught in grammar, qualified and disposed for study. Graduates in no Faculty, members of no College but Winchester College, “ who and no others are to be admitted.” His kinsmen at Winchester are to he preferred to all others ; on the failure of kinsmen, then persons of the places where eitlier of his Colleges has spiritual or temporal possessions ; next, poor indigent clerk scholars of the Diocese of Winchester ; then persons from the counties of Oxford, Berks, Wilts, Somerset, Bucks, Essex, Middlesex, Dorset, Kent, Sussex, and Cambridge ; and finally, natives of any part of England, provided they have been instructed in "Winchester College for one year. A preference is thus assigned to those of the kindred of William of Wyke- ham, who are educated at Winchester ; but his enactments in favour of his family appear to extend much further. He ordains that in future times, and in every election to be made into his College at Oxford, he or they who are or shall be of his blood or kindred, if there be any such, and if they be competently instructed in grammar, shall, wheresoever they may have been born or lived, chiefly and before all others, by way of special prerogative, be admitted at once, as true and perpetual Fellows, by virtue of the oath made by the Warden and Fellows at the time of their election, without any difficulty, or time of probation, provided they have not exceeded their thirtieth year. The other Fellows must not have exceeded twenty years of age at the time of their probation, and they must undergo a probation of two years. It appears that from the year 1467 to 1569, no Founder’s kin were admitted into Winches- ter, and only three into New College, apparently “ per viam specialis praero- “ gativee,” without having passed through Winchester. Mr. Hare infers from this, that the endowments of New College, as William of M’^ykeham left them, were either not rich, or, in other respects not agreeable enough to be sought for by his near and undoubted kinsmen. After the claims of the Founder’s kins- men had thus lain dormant for one hundred and two years, the door w’as re-opened to them by the admission of Richard Feynes, as “ Consanguineus “ Fundatoris,” in 1569. Mr. Hare ascribes the revival of this claim to “ the “ great augmentation in the revenues of the Society which Bishop Cooper “ speaks of, and which gave the endowments of the two Colleges a new value “ and attractiveness in the eyes of the Founder’s kinsmen.” In the next eight years, eight more persons of the Founder’s kindred were admitted; after which the Colleges, finding the applicants on the plea of consanguinity increase beyond all former precedent, rejected a claimant. His father appealed to the Court of Chancery. The case was heard, and the question evaded. “ It was “ recommended by the Lord Keeper Bromley, and assented to on all sides, for “ the difficulty of the judgment to be given, and it was so decreed; that the “ plaintiff’s issue should be admitted, as if they were the Founder’s kinsmen, “ and that he should renounce all further claim to the blood of the Founder.” It would appear that two important points were then in dispute, namely, whether collateral consanguinity ever ceases ; and at what degree it ceases, if at all. According to the Canonists, consanguinity ceases at the seventh degree ; it is extended only to tlie tenth by the civilians, and it has been contended that an ecclesiastic of the fourteenth century, Avhen speaking of consanguinity, must have used tlie term in the sense in which it is used in the one or the other law. But this was not determined. The College, having failed in putting an imme- diate stop to consanguinity altogether, endeavoured to limit the growing claim. \Fith this view, apparently, it rejected two candidates in 1585 or 1586. The Lord Chancellor Hatton referred the fathers of the appellants to the Visitor, Bishop Cooper. The latter, says Blackstone, “ substituted a limitation in point “ of number, in lieu of wdiat had been established by the Lord Keeper Bromley, “ a limitation in point of degree.” The Bishop’s decree ivas, that not above eighteen reputed kinsmen were to be in the two Colleges at once. In the year REPORT. 209 1640, an appeal having been made to the House of Lords, the Wardens of the two Colleges “promised that the Founder’s kindred should be admitted “ without difficulty, according to the Statutes of both Colleges.” The modern practice is in harmony neither with the decision of Bishop Cooper, nor that of the House of Lords. It is “that two ‘ Founders,’ as they are called, “ are put at tlie head of the roll for Winchester, and two others at the head of “ the roll for New College, should two on examination be found lit for the “ University.” It does not appear that Mr. Hare’s appeal was successful, and, under the peculiar circumstances of the College, there is, perhaps, little cause to regret his failure. If the nomination system is to prevail, a kinsman of the Founder may be as useful a Fellow as any other favoured person. The Bursars are to pay from twelve-pence to eighteen-pence a-week, accord- ing to the price of wheat, for the commons of each Fellow. If this allowance be more than sufficient, the surplus is to he applied to the common use of the College. In order to promote their union, and that they may “ love the “ College the better from knowing that they will receive greater benehts in their “ indigence, and that they may not blush before the other scholars of the Uni- “ versity for want of clothes, all the Fellows are to have every year at the cost “ of the College,” cloth for a uniform dress, and six shillings and eightpence for making and trimming. This dress they are not at liberty to pawn or sell for five years, but they may give a dress that is five years old, out of charity, to scholars in the first year of their admission. If too poor to pay their fees at Graduation, and without friends to help them, they are to be assisted on such occasions by the College ; but they must give evidence on oath of their inabi- lity to bear this burden. Founder’s kin Fellows who have not twenty pounds a-year, are to receive for beds, shoes, and other necessaries, twenty pounds a-year between them, Avhen their number does not exceed seven. If there are more than seven, they are to have each four marks annually. The Priest- Fellows, if they minister assiduously in the chapel, are to divide between them forty marks, but so that none shall ever have more than forty shillings a-year. If the number of Priest-Fellows be not sufficient to exhaust the forty marks at this rate, the surplus is to return to the College. The commons of Fellows absent with permission, are to be applied to the common use of the College. The Fellows who are not of the kindred of the Founder are to lose their Fel- lowships on coming into a patrimony, secular fee, or pension exceeding one hundred shillings “ communibus annis.” Founder’s kinsmen may hold such property with their Fellowships to the clear amount of 20/. a-year. A benefice worth 20/. also vacates the Fellowship of a kin Fellow, and a benefice of ten marks that of a non-kin F ellow. The election and examination at Winchester of candidates for New College is to be carried on by the Warden of New College, and two of its Fellows chosen by a body formed of the officers of the College and five senior Fellows, together with the Warden, Vice-Warden, and Head Master of Winchester. At the admission of probationers to actual Fellowships all the Fellows of New College are to vote. They are solemnly charged to admit none but those whom, in their conscience, they think will most profit in the same College to the honour of God, and the advancement of scholastic study. Fellows then passed over are at once to Ije removed from the College. Not more than ten Fellows are ever to be absent at one time, lest Divine service in the chapel should be neglected ; except in certain specified weeks, when twenty may be absent together. They must take Priest’s Orders within a year from the Master’s Degree, or, if Jurists, within three years from the Degree of Bachelor of Civil Law; if Canonists, within ten years of standing; if medical students, within three years after taking tlie first Degree in that Faculty. When ordained, they must immediately cause themselves to be taught to say mass, but they may not say it for reward elsewhere than in the College Chapel. On rising and at bed-time, the Fellows are to repeat an anthem, versicles, and certain prayers for Benefactors. They must hear one mass every day, in the course of which they are to repeat the Angelic Salutation fifty times, and the Lord’s Prayer, after every ten recitations of the Salutation. Their consciences are solemnly bound before the Most High to discharge this duty, and, if they fail, they are to lose their dress for that year. All the Fellows must attend in surplices on Sundays, on solemn and feast days, and on all days in which Lectures are not read by the University Lecturers, at the first and second vespers, morning NEW COLLEGE. Hare’s Appeal, p. 58. PRESENT PRACTICE AS TO FOUNDER’S KIN. STATUTABLE EMOLU- MENTS OF THE FELLOWS. c. 15. c. 22. c. 27. c. 30. c. 32. c. 38. ELECTIONS OF FELLOWS BY WHOM MADE. c. 3. RELIGIOUS DUTIES OF FELLOWS. c. 41, 42, 43. 210 OXFORD UNIVERSITY CO.MMISSION. NEW COLLEGE. STUDIES IN THE COLLEGE. c. 28. c. 31. c. 28. DEGREES. PRESENT STATE OF THE FELLOWS. CHAPLAINS. c. 45. CLERKS. c. 45. BOYS. c. 45. BENEFACTORS. GENTLEMAN-COM- MONERS. VISITOR. c. G7, c. 68. masses, processions, and otlier canonical liours, and to join in reading and singing. Priest-Fellows are, besides the duties of the canonical hours, daily to repeat psalms and prayers for the dead. Seven masses are to be said in the chapel M'itli prayers for the Founder and others ; but these masses are to be said by the Fellows, only when the Chaplains are, for good reasons, hindered from discharging the duty. Exequies are to he performed for the Founder, his parents, and the benefactors of the College, four times a-year, and all the FelloM^s w'ho join in them are to receive twelvepence. One hundred shillings a-year are to be paid to two or more Senior bellows instructing the Juniors, as well those who are Jurists as those who are Artists. There are to be Disputations in the Hall or nave of the Chapel, in Arts, Law, and Theology, wdiich the Fellows of the respective Faculties are to attend. The Fello 4 vs are to proceed to Degrees without any dispensations as regards time or' form. They are, however, to be examined in the College before they can take Degrees. It has been supposed that it is owing to this provision that the Fellmvs of New College are permitted to graduate without undergoing the usual examination from University officers. A similar exemption enjoyed by King’s College, Cambridge, has very recently, after a long struggle, been given up, in imitation of the laudable example of Nev^ College, which several years back waived this prejudicial privilege. The Fellows must become Masters or Doctors, according to the Faculty to which they belong. The emoluments of the actual Fellows of New College are supposed not to exceed 150/. a-year; the probationers receive mucb less. It is said that the in- come of the College has suffered some diminution from a failure in one or more suits at law. A few only of the Graduate Fellows reside. Three are engaged as Tutors, and eight as Officers. The Medical Fellows are not obliged to take Orders. The ten Chaplains are to have the same allowance for commons as the Fel- lows, but they are to receive only five yards of cloth annually for their livery. Their stipend is to be four marks a-year. Their duties in the chapel were almost incessant. W e have no information as to the emoluments of the pre- sent Chaplains. The three Clerks are, besides their duties in the Chapel, to wait in the Hall every day at dinner. They are to eat with the servants, and to receive twenty shillings a-year of salary, and a livery of three yards and a-half of cloth. Of the duties and emoluments of the present Bible Clerks we know nothing. Sixteen poor and indigent boys under twelve years of age are to be supported in the College. Their duties are to sing in the chapel, to minister to the offici- ating Priests there, to make the beds of the Fellows and Scholars, and to assist in waiting on them at meals. They are to live on the broken meat from the table of the Fellows, and if that be not sufficient, the deficiency must be made up at the charge of the College. The present choristers are taught music by the organist, and instructed by a master, at the cost of the College. The College has received a considerable number of benefactions since its Foundation. Wood furnishes a list of them, but we have no information to give respecting them. William of Wykeham has said nothing respecting the admission of Boarders. It has boen the practice of New College to receive a few noblemen or Gentle- The Bishop of Winchester is Visitor. We have not had access to the decrees of Visitors. The Visitor may visit when duly called upon, or without any re- quisition every two years, by himself or his Commissaries, and examine ail the members of the College on oath as to their observance of every point contained in the Statutes ; and proceed even to the removal of the Warden and Fellows, or any other. He is to receive ten marks when he visits m person. His Com- missaries are to receive live. The Visitor is expressly forbidden, as well as the Warden and Fellows, collegiately, or in common, or separately, to make any new Statutes, Rules, Interpretations, or Expositions, repugnant to, or derogatory from, the sense and iilain meaning of those of Wykeham, or expunge any part of them on any pretence, or take away from, or change the substance or tenor of any Statute, or dispense with them in any way whatever. Thatthe Statutes of William of Wykeham are observed, or can be observed, no one will seriously contend ; though the long and formidable oaths enjoined by the Founder are duly taken by every member ol his Foundation. It is im- REPORT. 211 portant, therefore, that the College should l)e relieved at once from the neces- sity of imposing those oaths. Rut this would not suffice, foi the im])iacticahle Statutes would remain, and might be still regarded as binding, We are of oi)inion, then, that New College should be also relieved Irom the obligation of compelling a certain number of the Fellows to proceed m Civil Law, Medi- cine, Astronomy, or d’heology ; of applying to the common use of the College all its revenues beyond the Statutable stipends and emoluments of its mem- NEW COLLEGE. hers ; of constant residence within College walls ; of taking Compare Evidence of Mr. Neate, p. 243. Holy Orders ; of reading the Bible, and keeping silence in the Hall ; of speaking Latin ; of issuing a uniform livery to its Fellows ; and from many other minute rules which are laid down in the Statutes. ArTruva TTvrnwp'AmNP But this would do little for New College as a place of education. It is neces- utility of new sary that it should be relieved not only from injunctions which are not observed, college. but from several which are. M"e have seen that it is closely connected with Winchester College, and that the chance of obtaining young men of superior merit from so limited a Foundation as that of Winchester, is diminished by the manner in which that Foundation is filled up. At the election also to New College the “ magis Idonei” ought to be placed “ eo ordine quo magis Lionel ; ’ a change, however, in the order in which the boys originally stood is, w^e are informed, very rare, though the Head Master for some time liefore the Exami- nation does not alter that order. The course which would most effectually promote the honour of New College would be, doubtless, to throw open its Fellowships and Scholarships to general competition ; but in deference to the o-eneral feeling against severing the connexion between these two noble Institu- tions, Ave abstain from recommending this course in regard to this College and that of Winchester, and, as a consequence, in regard to the other Colleges connected with schools, and those schools respectively. ^Ve think that NeAV College may be greatly raised, however, if the Fellowships shall be divided into two classes, the former consisting of Graduates who shall be Fellows in the strict sense, and be elected out of all Avho have been educated in AVinchester College; the latter of Undergraduate Fellows taking no part in the govern- ment of the College, and corresponding to the Scholars of other Colleges, to hold their FelloAvships for five years only, and to be elected after competition out of the boys in Winchester College, whether on the foundation or not. If there were forty Scholar-FelloAvs in Noav College, there Avould be, at least, eight vacancies every year. This would afford a strong stimulus to AVinchestei School. The Scholarships should not be worth less than 50/. a-year, besides rooms. Perhaps the worst of all restrictions is that of Founder’s kin *, but this is an evil only when the alternative is an open election ; and, in the case of Foundations confined to schools, it may be regarded as a resource rather than as an impediment to allow any class of persons whatever, besides those educated at the school, to compete. Persons of the kindred of the Founder might therefore, be allowed to retain their rights so far as to offer themselves as can- didates without having been at Winchester in competition with those who were permitted to stand because of their connexion with M^inchester. Thirty Fellowships would be more than sufficient to stimulate the Scholars of New College, and to provide that Society Avith Tutors and officers. If, therefore, it should be desirable to create a Professor-Fellowship, in addition to the fourteen of Avhich we have recommended the creation, the precedent set by the Visitors of King Henry VHL might be folloAved Avithout inconveni- ence, and the Foundation of NeAV College might be rendered useful to the whole University by the erection there of a Professorial Chair. It is very desirable that New College should open its gates to as many Com- commoners. moners as it can accommodate. This College presents to thirty-seven Benefices. It elects the Warden of preferment, Winchester College, the Fellows of Avhich are chosen from those who are or have been Fellows of NeAV College. It also presents to the Mastership of the well-endowed school of Bedford. 2 E 2 212 OXFORD UNIVERSITY COMMISSION. LINCOLJ^OLLEGE. THE COLLEGE OF ST. MARY AND ALL SAINTS, LINCOLN, COMMONLY CALLED LINCOLN COLLEGE. From this College we have received an account of its corporate Revenues, and were referred to a copy ot its Statutes in the Bodleian Library, from which our printed text is taken. FOUNDATION. Woofl’s Colleges and Halls, pp. -235-237. Preface to Statutes of Lincoln College. PECULIARITIES OF THE COLLEGE. Statutes of Lincoln, Preface. c. 5. c. c. 1. c. 4, 7. Lincoln College w^as founded, in 1427, by Ricliard Fleming, who, after having been a strong ]iartisan of the doctrines of Wycliffe, became, after his elevation to the see ot Lincoln, so strong an opponent of the same opinions as to determine to establish a College in Oxford for the sake of suppressing them. He procured a license from King Henry VI., 'which empowered him to “found “ a College of a Warden or Rector and seven Scholars in the Church of All “ Saints in Oxford;” and “to unite, annex, and incorporate the said Church of “ All Saints, and the Cliurches of St. Mildred and St. Michael at the north gate,” and “ to name them the Church ol‘ All Saints ; and the same Church to create “ and change into a Collegiate Church or College.” There were to be Chap- lains to serve and have the cure of souls in the Church. Fleming, however, died Avithout having drawn up a complete code of Statutes. His executors endowed a Rector, Scholars, and Chaplains, with the revenues left by him, and “ not long alter this several pious persons, looking on these orphans as objects “of charity, bestowed on them both money and lands.” It was not till 1475 that Thomas Scot, commonly called Rotheram, from the place of his birth, who Avas then Bishoji of Lincoln, and afterAvards became Archbishop of York, finished the building of the College, augmented its foundation to the number of tAvelve FelloAvs, and imposed on the College the Statutes by Avhich it has been governed ever since. These Statutes announce that Rotheram’s design Avas only to complete Avhat Fleming had begun. To extirpate the Wycliffite heresy by training up Theo- logians for that purpose Avas still to be the chief object of the College. It Avas specially provided that any FelloAV tainted Avith these opinions AA^as “ to be cast “ out like a diseased sheep from the fold of the College and the oath Avhich each FelloAV Avas to take at his admission Avas speciall}^ intended to secure the same purpose : — “ I R. swear by the holy Gospels of God, in presence of the “ figure of our Lord and Saviour, that, as far as I can, I Avill inviolably observe “ the Statutes of this College, so far as they concern me, so long as I am a FelloAv “ of the same ; and especially that so long as I live I Avill never conditionally “ or contumaciously favour, knoAvingly, heresies or errors ; nor will I appear “ secretly or ojienly to adhere to that pestiferous sect Avhich, reneAving ancient “ heresies, attacks the sacraments, estates, and possessions of the Church, but “ Avill, to the utmost of my strength, by every means in my power, denounce “ them for ever: so help me God in the day of judgment.” There Avas another object Avhich Rotheram announced in the Statutes, and Avhich apparently Avasan innovation on the Founder’s intention. He states, that “ observing, not Avithout astonishment of mind,” that feAV if any natives of his own diocese of Lincoln, and almost all natives of the diocese of his birthplace, York, Avere excluded from all the Colleges in Oxford, he therefore, “ not “ blinded by an odious carnal affection, biit wishing rather, Avithout giving “ offence to any, to obviate this blindness in others, and to provide a remedy for “ it, according to his poAver.” The FelloAvships Avere accordingly restricted by him to the dioceses of Lincoln, York, and Wells: one to Wells (in remem- brance of Forest, Dean of Wells, a previous benefactor) ; eight to Lincoln, of Avliich four are to be from the county, Avith a preference to the Archdeaconry of Lincoln; four to York, of Avhich tAvo are to be from the county, Avith a pre- ference to the Archdeaconry of Y ork, and a further preference to the parish of Rotheram. The peculiar connexion of the College Avith the tAvo parochial churches of All Saints and St. Michaels Avas still continued, by the appointment of a FelloAv to preside over the choir in each church, and by sermons to be preached in those churches by the Rector and FelloAvs. REPORT. 213 There was no special requirement of poverty in the Fellows. But their Lincoln college. salary was fixed according to the usual rate. Tliey were to have sixteen-pence, the hector and and on certain great festivals twenty-pence, a-week lor tlieir commons : nothing fellows. during their absence. Besides this allowance for commons, no Fellow was to Statu^tes have anything from the College property, except that the Sub-rector and Bursar were each to have 135. 4c/. in adclition, and the Rector 40s., with a ^ 5 , respectable Clerk to attend upon him, and read the Bible to him at dinner. The Fellowships were to be vacated by misconduct, or by promotion to a Pre- c. 1 . bend or sinecure benefice above the value ol 40s., or by appointment to any benefice with cure of souls, or any charity outside the University. Within the University ecclesiastical preferments might be held if under ten marks, pro- vided they involved no duties inconsistent witli the Statutes. A Fellowship was to be vacated if a Fellow obtained a ])atrimony exceeding 4/. In case ol tlie decrease of the revenues, the Fellowships were to be diminished to the number, successively, of seven, of five, of three; but the Founder, taking warning from the fact that in some Colleges, “ the Fellows not liaving the fear of God before their eyes, have, to the fraud ol their Founder and their own great “ peril, neglected to fill up the number ol their Fellows that they may hence “ live more sumptuously,” under pain of anathema, enjoined his Fellows to raise c. c. the number again “ as soon as the sun of prosperity shines upon them. A statutes, Preface. Bachelor was never to be elected if a fit Master could lie found. All were to he in Priests’ Orders within a year from their election, on pain of expulsion, unless some impediment occurred which was thought sufficient by the Rector c. 3 . and the majority of Fellotvs. All were to proceed, alter tlie usual exercises in the Schools, to the higher Degrees in Theology, except one Fellow, who was permitted to study Canon Law, and thus to proceed to the Degree of Doctor in Laws. Disputations in Theology and Logic were to take place weekly, and they were to be followed by prayers for the dead. “ With the unfailing ob- “ servance of these disputations,” says the Founder, “ we charge our College “ above all for ever.” There were to be three officers, the Rector, Sub-rector, c. 2 . and Bursar; of whom the Sub-rector, under the name of Corrector, was armed with special powers for “ correcting” the faults of the Fellows. These, with the usual limitations as to residence, and the mention ol the business to be transacted in the two Cha])ter days, and regulations for the revenues and bene- c. 4. fices in the gift of the College, and for tlie mode ol election, constitute the rest c. 4. of the Statutes, which are shorter than most ol those at this period. The Bishops of Ijincoln, as Visitors, may interpret in doubtful cases, but never alter the Statutes Three new Fellowships were created by Archdeacon Darbie in 1511. They subsequent bene- are confined to the archdeaconry of Stow, the county of Northampton, and the county of Oxford. The holders of these Fellowships enjoy the same privileges Haii^, as the other Fellows. These Fellowsliips appear to have taken the place of three Fellowships on the old foundation, at what time is uncertain. There seems to have been a period in the sixteenth century wlien there were fifteen, or even more, Fellows. Nine Scholarships (of the value of 40/. to 50/., for four Evidence, p. 32 j. years) have been added by later benefactors. Lord Crewe left, by his will, 20/. per annum to the Rector, 10/. to each of the Fellows, and 20/. to twelve Exliiliitioners, to be taken from the diocese of Durham, or the counties of Leicester, Northampton, or Oxford. These Exhi- bitions have been increased in value, by a subsequent benefactor, to 42/. per annum for eight years. There are now twelve Fellows in Lincoln College. One of these (the Wells present of Fellow) is ineligible to the Rectorship. There are nine Scholars and twelve Exhibitioners, and one Bible Clerk. In 1851 the number of Commoners was forty ; the total number of members of the College was two hundred and nineteen. Ten benefices are in the gift of the College. There are three Tutors, one of whom is Mathematical Lecturer. The average amount of battels is about 60/. a year. We subjoin the official statement of the amount and application of the stat™ of the College revenues. “ The total amount of the Corporate revenues of Lincoln College is “ 2,353/. 7s. 8^c/., which revenues are applied to the use of the Rector and Evidence, p. 325. “ Fellows, and to the increase of the salary of the chaplains of St. Michael’s and “ All Saints, Oxford, and to various charitable purposes. 214 OXFORD UNIVERSITY COMMISSION. LINCOLN COLLEGE. OBSERVANCE OF STATUTES. REMEDIES. derived from — £. s. d. Real estates . . 1,877 18 2i Funded property . 37 19 6 Room-rents 437 10 0 derived from — Rack-rent estates . . 1,545 10 84 Leasehold estates . 332 7 6 “ The property held on lives is very trifling. The fines are calculated, for land “ on tlie 6 per cent, tables, and for houses on the 7 per cent, tables, and it has “ been the custom of late years, on renewals, to increase the ground-rent, and “ reduce the fine in pro])ortion. “ The emoluments of the Headship are, a double Fellowship, and the “ income of the impropriate Rectory of Twyford, Bucks, of which the rector “ makes a yearly return to the Privy Council. For many yearn last past the “ average income of the Fellows has not amounted to 200/ £. 5. d. 1,877 18 2i 37 19 6 437 10 0 1,545 10 8i 332 7 6 Total . £2,353 7 8 £. 12 Fellows (about £168) each . 2,016 1 Rector = 2 Fellows . . ~ 336 £ 2,352 ” The Statutes, though short, are not observed here more than in other Col- leges. One Fellowship is held by a layman. At least five are held by persons habitually non-resident. The two Chaplains have disappeared altogether. The servant of the Rector is transformed into a Bible Clerk. No Fellow in 1851 had taken his Doctor’s Degree ; seven were Masters of Arts, and one was a B.C.L. No disputations take place in Hall. The especial object of the Founder, that of suppressing the doctrines of Wycliffe, has, of course, been frustrated by the Reformation ; and it is a curious fact that a College founded for the extirpation of Wycliffism should have numbered amongst its Fellows John Wesley. We can have no hesitation in recommending the abolition of an oath, of which the greater part was rendered illegal at the Reformation ; the release of the Fellows from the obligation of taking Orders, an obligation which in one instance has been already superseded, and from that of proceeding to the higher Degrees, which has in no case been fully complied with ; and the removal of local restrictions, which the framer of the Statutes himself declared to have been imposed not from “ any carnal and blind affection” to the natives of the favoured localities, but to remedy the evil of their exclusion elsewhere by that “ carnal blindness” in others ; an evil which, according to the recommendations we propose, would henceforth cease to exist. We are further of opinion that the College would be greatly benefited by the removal of local restrictions from Lord Crewe’s Exhibitions, which would thus become open Scholarships. The Scholarships and Exhibitions should alike be made tenable for five years. We are also of opinion that the disparity of privileges which exists between the Wells Fellow and the others should be removed. REPORT. 215 ALL SOULS COLLEGE. all souls college. From this College we have received full Evidence, communicated through the Warden. The College has given us access to its Statutes, of which a correct copy exists also in the Bodleian Library. From this copy our printed text is taken ; and from this a translation was made by Mr. Ward in 1841, to which for the most part our references are made. All Souls College was founded by a Charter of Incorporation, granted in foundation of all 1438 by the nominal Founder, King Henry VL, at the request of the actual Founder, Henry Chichele, Archbishop of Canterbury, who a few days belore chichele, p. i 97 . his death, in 1443, set his seal to the body of Statutes, by which the College is still governed, and which are supposed to have been drawn up by the Ibid, p. i 63 . celebrated civilian Lyndewood. Its original estates were partly those bequeathed bv Chichele, partly alien priories bestowed by King Henry VI. The College thus had two Founders : the Crown and the Archbishop of its two founders. Canterbury for the time being. The former was in the Letters Patent of Foundation and in the Statutes, entitled Founder, the latter, Co-Founder, of the College. It is well known that the long and bloody wars of King Henry V. against motives of chichele. the French nation were commenced, if not at the instigation, at least under the express sanction and advice of Chichele, with a view ol diverting the King and Parliament from the projects of attack on the property of the Church, to which Ibid, pp. 35 , 39. the growth of Wycliffe’s opinions at that time gave rise. The recollection, in later years, of the share which he had had in this Compare Weal’s protracted warfare, seems to have been the determining cause of the peculiaiity ^ ^54 which distinguishes the foundation ol All Souls from that ol the othei Colleges of Oxford. It was not merely founded in general terms for purposes of study the chantrv. and for olFering up prayers for the dead, but the latter object is brought forward with unusual distinctness and prominence. In the Charter of Incorporation, Charter of incorpo- besides the usual prayers for the King and Founder, prayers are also enjoined LifHf Chiche?^^ * “ for the souls of King Henry V., the Duke of Clarence, and all English nobility p. 198 . “ and subjects who had perished in the French wars.” In the opening of the Statutes, Chichele states that he is moved not only by compassion for “the state Preface to the “ of the unarmed soldiery of the Church,” but “ with no less pity’ for “ the “ general ailment of the armed militia of the world, which hath been of late “ very much reduced by the wars between the rulers of England and F ranee ; and accordingly the Fellows are “ bounden not so much to ply therein the “ various sciences and faculties, as with all devotion to pray for the souls of “ glorious memory of Henry the Fifth, lately King of England and France, his “ own illustrious progenitor, and the Lord Thomas Duke of Clarence, and the “ other Lords and lieges of his realm of England, whom in his own and in his “ said father’s times the havoc of that warfare so long prevailing between the “ said two realms hath drenched wdth the bowl of bitter death, and also for the “ souls of all the faithful departed.” It was with this view also that the name of “All Souls” was given to the College; that prayers for “all the souls Statutes, c. 23. “ of the faithful” were specially enjoined in the private and public devotions of the Fellows ; that the Feast of All Souls, the festival of the solemn com- memoration of departed spirits, was set forth as the great day of the whole society ; and that a solemn requiem for the dead was to take place in the College Chapel every Friday throughout the year. But the Chantry, which was thus with peculiar magnificence annexed to the College, was not intended to impair its collegiate character. The provisions of the Statutes in many respects resemble those of the other Colleges of tliis period, especially those of New College, where Chichele himsell was educated ; Spenser’s L\fe of and his zeal for the interests of the Church and the University of Oxford, ® P- makes it probable that the desire of founding an institution for study would occupy a prominent place in his mind. There were to be forty Scholars or Fellows, being Clerks, who were to study the college. without intermission : of these, twenty-four were to study the Arts, and Phi- 216 OXFORD UNIVERSITY COMMISSION. ALL SOULS COLLEGE. Statutes, c. 1. c. 16. Statutes, Preface, c. 2. c. 2. c. 2. c. 4. c. 10. c. IG. c. 34. c. 12. c. 14. c. 30. C. 19. e. 34. c. 22. c. 23. losophy or Theology sixteen the Canon and Civil Law. There was also to be a suitable establishment of Priests and Ministers of the College Chapel. All were to take Priests' Orders within five years from becoming Masters of Arts, except tlie Jurist Students, who were exempted, if they should “apply them- “ selves in good earnest to the reading of the Book of the Institutions,” and to the otlier exercises required by the University as necessary to the degree of Doctor of Laws. Those who took orders were expressly forbidden to celebrate service elsewhere than in the College. The Fellows are to be “ poor and “ indigent,” and none are to be chosen except those “ who previously have “ received sufficient instruction in the rudiments of grammar, and competent “ instruction in plain song, and who, having the first clerical tonsure, are “ qualified and disposed for the jiriesthood, are of free condition and born in “ lawful wedlock, and well adorned with good qualities and character, and are “ anxious to make progress in study, and are really making such progress.”* This provision is precisely the same as that Ibund in the Statutes of New College, except that it excludes serf's and illegitimate children, and requires a knowledge of music. I;egitimate birth is equally required in the Statutes of Balliol, Corpus, and St. John’s. The Fellows of All Souls were at the time of their election to be between seventeen and twenty-six years of age, and to have devoted three years to study in the Faculty to which they are to belong when admitted on the Foundation. The Founder’s family were to be preferred before all others ; then those born in places where the College had property. “ But if such persons cannot be found in the said University at “ the time when such election is celebrated at Oxford, then the poorer “ and more indigent Scholars, being Clerks and studying in the said Uni- “ versity, are to be preferred in the following order ; to wit, before all “ others, such as are born in the diocese of Canterbury ; and next, and in “ order, persons born in the counties of Oxford, Sussex, Northampton, Buck- “ ingham, Bedford, Middlesex, Surrey, Berks, Wilts, Dorset, Somerset, and “ so of the other counties within our province of Canterbury ; so, however, “ that they be sufficiently instructed in grammar, and competently in singing, “ as aforesaid, and be found and proved fit and qualified according to the “ terms and conditions above and below rehearsed.” After a year’s probation they Avere to be elected “Fellows,” having been previously “Scholars.” The Warden was to receive ten marks yearly, to have one servant paid for by the College, and to receive a double allowance for commons. The Fellows, Scholars, and Chaplains Avere to have commons, varying from tAvelve to sixteen pence, according to the price of Avheat. Any surplus Avas to be reserved “ for the common advantage of the College.” Cloth Avas to be doled out to each before Christmas day. FelloAVships Avere vacated by the possession of one hundred shillings a-year, a benefice of ten marks a-year, marriage, entrance into a monastic order, or engagement in service, Avhereby they might be detained from study. The general rule of life, as to silence in Hall, speaking Latin, not lingering in Hall, and many other minute particulars, is taken from the Statutes of Noav College. The FelloAvs Avere to perform Aveekly disputa- tions, and they Avere required, Avithout dispensation, to attend the University exercises requisite for their several degrees. Thrice a year an examination into the proficiency made by the FelloAvs in their studies Avas to be held by the Warden or Vice-Warden. They Avere never to leave Oxford Avithout obtaining the Warden’s permission, Avhich Avas to be granted freely during the long vaca- tions, on condition of their good behaviour. But no FelloAV Avas to be absent I'or more than sixty days in the year on pain of losing his FelloAvship, unless lor some reasonable cause, approved l)y the Warden, Dean, and Bursars, Avithin thirty days immediately following. There Avere never to be more than tAventy FelloAvs absent at a time, except for certain special grave causes, to be stated on oath in presence ol’the Warden, Dean, and Bursars of the College. They Avere to be present in the Chapel five times a-day on Sundays and Festivals, at the regular services of the Roman Catholic Church, and every Friday and Saturday throughout the year to chant the burial service and the requiem for the dead. The FelloAvs in their private prayers, morning and evening, Avere * Nisi qui rudimentis g’rammaticae sufficieiiter et in piano cantu competenter prius fuerint ernditi, et (jui primam tonsuram clericalem habentes ad sacerdotium sint habiles et dispositi, liberae con- ditionis et de legitimo matrimonio nati, bonis conditionibus et moribus perornati, ac in studio proficere cupientes et in re ipsa proficientes. REPORT. 217 to use certain ejaculations prescribed in the Statutes. The officers of the College were to be a Vice-Warden, two Bursars, the Seneschal, and two Deans, who were to superintend the exercises of the Fellows. The servants of the College were to be a steward, an understew’ard, a cook, and a porter, who was also to “shave the Warden and Fellows duly and “ diligently,” and a laundress or laundryman. Every year the Warden and another Fellow were to make a progress through the estates, to inspect the live and dead stock. For this purpose the College was to support a groom, and a sufficient number of horses. Thrice a year the Statutes were to be read before the whole College, and their observance inquired into and enforced by penalties. The Warden and Fellows on their admission were sworn to observe the Statutes in a long oath. The Statutes were, as we have said, imposed by Archbishop Chichele, Co-Founder of the College with King Henry VI., in virtue of the power which the King vested in him and his successors for ever of making “ Ordinances and Statutes, “whereby the Warden, Fellows, and Scholars should live, as in the “ Royal Charter is more fully contained.” This power is limited as regards the successors of Chichele, by the provision that their Ordinances are to be in “ no wise at variance with, nor in any manner repugnant to,” the original Statutes. They are to inquire into and enforce the observance of the Statutes, and to issue new Ordinances. No power of interpretation is mentioned. This College has, in some respects, more nearly retained its original consti- tution than any other in Oxford. There are still forty members on the foundation, with the Warden, and none besides, except the Chaplains and four Bible Clerks, who in some slight degree correspond to the ancient Priests and ministers of the Chapel. There is also one point in which this College probably stands alone in its strict observance of its Statutes. “ The Fellows “ of All Souls,” says the Warden, “ are obliged to proceed to degrees according “ to the Statute ‘ de tempore assumendi gradus.’ A Bachelor of Arts, after “ having kept all the Terms required by the University Statutes without dis- “ pensation and being of eight years’ standing, must proceed to the degree of “ M.A. A Jurist must be of seven years’ standing, and have kept by residence, “ without dispensation, all the Terms required in order to proceed to the degree “ of B.C.L., which must be taken within the time prescribed.” In almost every other respect the change has been complete. The alteration effected by the Reformation has been more remarkable here than elsewhere, in proportion to the greater stress laid by the Founder on the observances of the ancient religion. Of the two objects contemplated by King Henry VI. and Chichele, that which gave to the College its peculiarly funereal name and character was rendered void by the Act for the suppression of Chantries. From the effect of this Act this great institution was doubtless saved by the Collegiate element, to which happily a prominent place had been given by the original Foundation. Whatever, therefore, in the Statutes relates to the souls ol the departed, is now fulfilled only by the thanksgivings for the Founder, and by the care with which his tomb in Canterbury Cathedral has been (after an interval of neglect in the last century) restored at the expense of the College. In other respects the institution has undergone changes hardly less great. The rule of life and the rule of study here, as in the other Colleges, has disappeared, and the observances dependant on those rules have become obsolete. The Fellows, instead of being constantly resident, as the Statutes contemplate, are frequently absent for long periods of the year, with the exception above mentioned of those who have not yet taken their degrees in Arts or Civil Law, and who keep by residence all the Terms required by the University Statutes. The Evidence before us informs us that “ the number “of constantly resident Fellows” is “not great;” indeed that “ the College “ buildings are not sufficiently capacious to hold them all at the same time.” Appearance for a few days four times a year seems to be the average residence of those who have taken their degrees of M.A. and D.C.L. Several of the disqualifications from property have been virtually removed. Real and not personal property is alone considered, and the value of the disqualifying estate has been by successive Visitors raised from 5/. to 100/. By an injunction of Archbishop Whitgift, given in 1586, the B.C.L. Fellows are discharged from the statutable obligation to take orders, provided they proceed to the degree 2 F ALL SOULS COLLEGE. Statutes, c. 5, 8, 11. c. 29. c. 31. c. 30. c. 7, 8. STATUTES. Statutes, Preface. Statutes, c. 1. PRESENT CONDITION OF THE COLLEGE, Evidence, p, 329. CESSATION OF THE CHANTRY. Hasted’s History of Kent, vol. iv. p. 539. Willis’s History of Canterbury Cathedral, p. 129. CESSATION OF THE MONASTIC CHARACTER. Evidence, pp. 328, 333. Evidence, p. 329. 218 OXFORD UNIVERSITY COMMISSION. ALL SOULS COLLEGE. Evidence, p. 329. CAUSES OF THESE ALTERATIONS. INJUNCTIONS OF VISITORS. Ward’s Translation of Statutes, p. 1 II. Statutes, c. 1. Evidence, p. 328. Ibid. p. 329. Ibid. p. 330. Ward’s Translation of Statutes, p. 175. Ibid, p. 176. Ibid. p. 181. Evidence, p. 329. Ibid. p. 328. Ibid. p. 332. GENERAL CAUSES OF CHANGE. Memorials of Ox- ford, All Souls, p. 15. Keport, p. 143. Ward’s Translation of Statutes, p. 180. of D.C.L. The M.A. Fellows who do not take orders within the time prescribed by the Statutes, state the grounds on which they claim exemption for the con- sideration of the IVarden and officers. The statutable (qualifications of poverty and indigence, — of acquaintance with music, — and of course that of the first clerical tonsure, — are not noAv regarded. The absolute preference to I ounder s kinsmen is set aside, under the sanction of a Visitors injunction, if theie are already in the College ten who have been admitted as such. The departures from the Founder’s intention in this College may perhaps, in part, be attributed to the power which the Archbishops of Canterbury have assumed to be delegated to them by the Founder. The power of interpretation, though nowhere mentioned in the Statutes, was claimed by Archbishoj) Staf- ford in 1445, three years after Chichele’s death, as “ notoriously belonging to “the Arclibishops of Canterbury.” The power of alteration, which is ex- pressly forbidden by the Statutes, seems to have been first claimed and acted upon after the Reformation. Archbishop Cranmer, in 1541, issued an in- junction which allowed the Warden two months’ absence longer than the sta- tutable time, thus changing the 3rd Chapter of the Statutes. Archbishop Whitgift, in 1586, released the Jurist Fellows from the necessity of taking Holy^’Orders, and in 1602 remodelled the chapel services, thus changing the 16th and 22nd Chapters. Archbishops Grindal, Wake, and Manners Sutton, by raising the salaries of the Fellows, and the amount of disqualifying estates, changed the 10th and 34th Chapters. Archbishop Sancroft, in 1681, by per- mitting Doctors to be aqipointed Bursars, changed the 7th Chapter. Ai ^bishop Tenison, in 1/10 (by a very liberal interpretation, rather than by a new Statute), released four Students of Medicine from the obligation of taking Orders, and thus changed the 16th Chapter. Archbishop Tillotson, in 1694, gave it as his opinion that all the clauses on residence must be “ restrained, with a tacit “ exception of those who are on His Majesty’s immediate service, and so relaxed the 19th Chaqiter. Archbishoqi Cornwallis, in 1777, released the Colleo-e from the absolute preference to Founder’s kinsmen, and thus virtually abrogated all the passages in the Statutes which relate to that subject. Archbishop Howley, in 1830, permitted the Warden to devote a portion of his time to the actual performance of qiarochial duty in the parish of Locking^ annexed liy Act of Parliament to the Wardenship, without its being accounted any infringement of the Statute of residence. These injunctions are all regarded as valid by the College. But these are for the most part isolated points. The changje of the whole condition of the society is to be ascribed to the alteration of religion at the time of the Reformation, and to the no less extensive alteration of manners and customs since the Reformation, which have affected All Souls in common with the rest of Oxford. In one respect, however. All Souls stands alone. It is the only College which receives no Undergraduate members except the four Bible Clerks. It must also be stated that there is a general impression m the Uni- versity that proficiency in study, which in Colleges of high character is the chief requisite for election to Fellowships, has comparatively little weight in the election to Fellowships at All Souls. The late Dr. Ingram, m his Memorials of Oxford, has remarked, that “ from the peculiar constitution of the College, “ and the nature of elections to Fellowships, it is not so much a place of efe- “ mentary education as of cultivated society.” The lists of the Fellows of All Souls, at least as far hack as the commencement of the present centuy, and of the Wardens as far back as 1686, confirm the belief that birth and general social qualifications have had considerable influence in deterinmmg these elections. When a candidate has obtained the highest academical distinction, he is, we believe, always preferred ; and there have been indications of late that literary qualifications are likely to become more important. In what causes this peculiar character of the College originated it is difficult Change of manners has rendered the College accommodation inefficient foi the Fellows ; much more for the reception of any large number of Commoners This state of things is, indeed, of comparatively ?*ooent date. 1616, All Souls contained thirty-one poor Students, and Archbishop Whitgift s injunctions, a few years before, show that the Fellows had not yet arrived at the privilege of sinMe sitting-rooms, though each was permitted to have a single be . Undergraduates, however, whether from want of room or any other circum- REPORT. 219 stance havin- been once excluded, and Graduates no longer attending the all sou^college. stance, naviUf, , ,, r-, i j r>f ^arliirnti on. and literary Universit^pfoS Souls ceased to be a place of education and literary qualifications in its Fellows became less f ’ 4 -' ^ 'TUoi-o 1 C nc vvp bavp seen, no ground in tne otatuics loi pi t 5 “ ” But the last of these three clauses is the only one of which tlieie is any trace in the Statutes. “A competent ’’ of chanting is insisted upon as a primary conditio . i p ^ wedlock and beino' according to tradition, the son of a tailoi,— the conn College with “noble blood may yet have been of^co^^^ Citron” nreference which he awarded to his own family. ihe claim oi coi saS nhv t “he ^ (to use the words of the Warden) is now so widely hsence^ofhutorial offices in the College may have combined to ^7*;',l’ake°in from oresentino- themselves as Candidates Avho, having their way to mak trwo^rid* abilities which would open better prospects else- The total number of names on the College books in 1851 and nineteen. The number of Bible Cki'ks Rible Clerks Chaplains was two, of whom one acts as Tutor to the Bib e There are seventeen benefices in the gilt of the Colieoe. We sul^oh the statement furnished by the College ol the amount and appli- cation of its Corporate Revenues : “ Amount of Corporate Revenues of All Souls College for the yeai 1850. “ Rent of land Fuller’s Church History, book iv., § 10 . Statutes, c. 2, Ibid, c. 17. Fuller’s Church History, book iv„ § 11 . Evidence, p. 329. NUMBERS. ADVOM’SONS. REVENUES. Evidence, pp. 333, 334. “ Tithes - • . • • Fines upon renewals . “ Copyhold fines . . • • “ Interest from Government F unds 1,420 1,989 269 315 £9,622 “ The revenue of 1850 has been selected as preferable to an averap of “ seven years on account of two material changes whicn have lately taken « place-thrMl in corn-rents since the repeal of the Corn Laws ; and on the “ other hand an increase of revenue by the expiration ol a lease in “ The money in the funds is only applicable to particular purposes. U Cc u a (( cc u a Specific application of Revenues, IQ50— Annual Payments. Rates, Taxes, Insurance, Agents, Collectors, Lease- £. “ hold and ancient rents . . ‘ ’ o Repair of College, Farm-buildings, draining, &c. Expense of Establishment, Commons of Warden “ and Fellows, maintenance of Bible Clerks Library — purchase and binding of books . Allowances to Warden and College Officers, “ Chaplains, Tutor to Bible Clerks . College Servants Fuel and Lighting Various expenses, Law charges, &c. . • Advowson Fund. [The payment to the Advow- “ son Fund is not always the same ; in the yeai “ 1850 it greatly exceeded the usual average] . 520 921 480 590 553 710 243 157 650 ALL SOULS COLLEGE. RECOMMENDATIONS. Evidence, p. 328. Report, p. 1 80. Ward’s Ti'anslation of Statutes, p. 199. 220 OXFORD UNIVERSITY COMMISSION. “ Fund for building and repairing Parsonage- £. “ houses in the patronage of the College . . 115 “ Subscriptions to Schools, Churches, and Charities 390 TV- ^’^29 “ Divided between Warden and Fellows . . 4,293 £ 9,622 “ Rather more than one-fourth of the corporate property is let at rack-rent; “ the remainder is let upon leases for twenty years, renewable every seven' “ upon payment of a fine. ^ “ The fine is one year and a half net value of the farm : that is, the value “ after deducting the reserved rent. “ Emolument of Wardenship for the year 1850 . £ 633 Rectory of Lockinge, annexed by Act of Parlia- “ ment, net value (this does not pass through “ the Bursar’s hands) ..... 300 £933 £. s. “ Doctors’ Fellowships and College Officers— each 130 0 “ Masters of Arts and B.C.L. . . . . 92 0 “ B.A. and S.C.L. Fellows . . . . . 75 10 ” It is obvious that the value of the Fellowships in the College bears but a small piopoition to its gross income, and it would seem that there is nothing to pi event the bellows from receiving a much larger dividend by a more careful attention to the general expenditure of the Society. Me have the^same general recommendations to make with regard to the Statutes ol this College, as we have already made Avith regard to other societies. We concur in the Wardens opinion, that “neither the University nor the Colleges Avould be benefited by the general enforcement of habitual residence of the Fellows, such as the Statutes seem in the first instance to require.” The Warden and FelloAvs should be released from this obligation, as aa’oII as from that ol studying Civil and Canon LaAv, of proceeding to the higher Degiees, of preferring the bounder’s kinsmen to all others in elections to b elloAvships, ol reserving the surplus for the common purposes of the College, of speaking Latin and hearing the Bible read in bball, and many other enact- nients which they are now sworn to observe, but which have long fallen into disuse. We are ol opinion that the oath to observe these Statutes, and to accept no Statutes, injunctions, or expositions, repugnant to, derogatory from, or con- trary to these Statutes, should cease to be exacted. W e have already suggested in our lieport on the general State of the Col- leges such a change as Avould best serve to restore so noble an institution to the cause ol learning and education, Avithout altogether sacrificing that peculiar character Avhich noAv belongs to All Souls. A precedent is not Avanting for such an application of a part of the funds of this College as that Avhicli Ave have proposed. King EdAA^ard Vb. issued through his Commissioners, in the year 1549, bnj unctions for the government of the College, Avhich in part carried out those issued in 1535 by ILing bbenry Vbbb. These Injunctions, after stating the general ends of “ good “learning,” “virtue,” and “religion,” to Avhich the Founder “destined the “ revenues ol the College and all his Statutes,” contain provisions for the establishment of Professors of Divinity in the College, and order “ that no “ person be alloAved to be FelloAV in the College for more than tAventy years, “ unless for his merit he hath been invited to the public function of Professor.” To folloAV this Injunction would noAv be needless, as a sufficient number of Professors ol Divinity have been endoAved elseAvhere. The main objects of Chichele’s foundation could be as Avell fulfilled by appropriating a portion of the FelloAvships to other Chairs. We propose that there should be in All Souls at least four Professor-FelloAvs, each endoAved Avith 800^. a-year from the appropriated Fellowships. Sixteen Junior FelloAvsbips Avould still be left at the disposal of the College, the b^rol'essor-FelloAvs having, of coarse, votes Avith the rest. REPORT. 221 COLLEGE OF ST. MARY MAGDALENE, commonly called MAGDALEN COLLEGE. From this College we have received hardly any Evidence. We have, how- ever, procured a copy of its Statutes from a MS. in the Bodleian Library, from which Mr. Ward published a translation of the Statutes in 1840. We have caused the Latin text to be printed, but our references are usually made to the translation. MAGDALEN COLLEGE. p. 309. p. 310. Chandler’s Wayn- flete, p. 18. 0, William Patten, commonly called Waynflete, from the place of his birth, foundation. founded the Hall of St. Mary Magdalene in 1448. This was the first beginning both of Magdalen College and Magdalen Hall. In 1456 Waynflete took the 3 Q 9 further step which transformed this Hall into a College, by procuring from the King a licence to enable the Hospitallers of the Hospital of St. John Baptist, to surrender their estates into the hands of the President and Scholars of Magdalen Hall. In 1457, he obtained a licence from the King to found a Col- lege, into which he transferred the President and Scholars of the Hall, and the new foundation also bore the name of St. Mary Magdalene. In 1479, he gave to the Society the Statutes by which it has been governed ever since. In framing a constitution for his College, Waynflete was greatly influenced by the circumstances of his antecedent career. He had been educated at Win- chester School, and, though not on the Foundation, appears to have been elected a Fellow of New College ; but the testimony on this point is conflicting. He was appointed successively Master of W'^inchester School, Master of the Leper House of St. Mary Magdalene near Winchester, and Bishop of Manchester. It was from these associations connected with the city and institutions of Wykeham that the idea, and even the name of M^aynflete’s College, was derived. The two institutions of New College and Magdalen College are accordingly very similar. It will not be necessary for us to do more than notice their most striking points of resemblance or of discrepancy. There were to be as at New College, a Head, (here known by the name of President), seventy “ poor and indigent Scholars,” twelve Chaplains, and sixteen statutes, c. 1 . Choristers. But, there being in connexion with this College, no institution analogous to Winchester College, Waynflete was obliged in some respects to deviate from the scheme of William of Wykeham. Of his seventy Scholars, thirty were to be called “ Demyes,” and were to be elected by the President, Vice-President, and three Deans. They were to be twelve years of age at the c. 2 . time of their election, and they might remain till their twenty-fifth year. c. 3 . These “ Demyes,” were to be like those members of Foundations, who in after times were called “ Scholars.” Their duty was to study Logic and Grammar. The other forty, called “Fellows,” were to be elected by a specified body of Electors composed of the President and certain officers of the College, and their duty was to study Theology, and Moral and Natural Philosophy. The usual qualifications of good conduct, aptitude for study, and sufficient skill in chanting are required both in Fellows and Demyes. The Fellows were to be elected from . c, 2 . certain dioceses, and counties, in a proportion set down by the Founder. The c. 3. Demyes were to be elected “in the first instance from the parishes and places in “ which the Possessions of our College flourish ; and next, out of the counties “ in which any Possessions of our College lie.” M^aynflete annexed to his Col- lege a grammar school for poor boys, open to all comers. The Master was to receive ten pounds yearly, and the Usher one hundred shillings, and they were to have chambers, and a weekly allowance for commons of the same amount as that of the Fellows. No strangers were to sleep within the College, except with the permission of the College officers, and under certain restrictions. The President, however, was allowed to receive into the College the sons of twenty Noblemen, friends of the College, to be maintained at their own expense, and under the guardian- ship of Trustees, “ commonly called Creancers.” The King of England and the Prince of Wales were with their suite to lodge in the College whenever they pleased. c. 47. c. 37. II •• 222 OXFORD UNIVERSITY COMMISSION. MAGDALEN COLLEGE. c. .3. c. 9. c. 27. LECTUEESHIPS. c. 27. c. 1. c. 2. c. 27. Wood’s Colleges and Halls, p. 31 1. c. 43. EMOLUMENTS OF THE PEESIDENT, FELLOWS, AND DEMYES. c. 19. c. 43. C. 26. c. 20. c. 26. c. 17. EULE OF LIFE. c. 14. c. 12. c. 23. c. 36. c. 39. c. 41. c. 43. c. 13. OATHS. c. 13. c. 49. c. 51. The constitution of this College differs from New College in the great power given to a seniority of the Fellows. We must here again notice a provision which is to be found in no previous College, though afterwards imitated in Corpus and Cardinal Colleges. This was the establishment of Academical Lecturers for the service of the University. What appears at first sight a slight variation in the Statutes of M^aynflete from those of Wykeham, implies a great change ol view as to academical study. Theology is still supreme, but it is accompanied not as at Neiv College, by the Civil and Canon Law, but by Moral and Natural Philosophy. In like manner, in the great stress laid on Grammar, as distinct from Logic, and in the injunc- tion that two out of the thirty Demyes are to write verses, we see the first dawui of classical taste. It was evidently in the same spirit that W^aynflete founded his Three Lectureships of Divinity, Moral Pliilosophy, and Natural Philo- sophy, to instruct not only the Scholars ol his own College, but the ndrole University. And the importance which he attached to this institution is evident not only from “ his great and glowing desire of heart, to diffuse the knowledge of these sciences, but from his express injunction that the Lecturers be chosen from the best men that could be procured in the wliole University, and should succeed to the next vacant Fellowships in his College, without limitation of place or birth. “ All this there was,” says Wood, “ besides other poor Scholars who were “ daily fed with broken meat from the table, in the public refectory, (continuing^ “ so till 1667, at w’hich time they ivere stinted,) as also the entertainment of “ strangers, in lieu of that which was performed while it was a hospital, re- “ ceiving daily sustenance in such measure, with other supplies, that I think “ it exceedeth any F oundation for secular Scholars in Europe. ^ In other particulars the regulations, for the most part, were copied from New College. The Fellows and Demyes wmre to be “ poor and indigent.” The I el- lows were to receive from twelve to sixteen pence a-week, ac^cording to the price of wheat, and were not to remain in the College if they nad more than 100 shillings a year. The Demyes were to receive half the allowances of the Fellows, and Avere not to remain in the College if they had more than five maiks a-year. The President was to receive 40/. a-year, for himself and three seivants. Any surplus was to be applied to the good of the College. An ampler alloAV- ance for the commons of the Fellows than that which is above specified in “ any AA^ay or under any colour Avhatever” Avas “ strictly forbidden, under pain “ of perjury.” FelloAvships were also to be forfeited, by the acceptance of a benefice of an. annual value above 8/., by canvassing for the office of Proctor (though a FelloAV might take it if offered to him), by absence from the College for more th^ sixty days in the year, by monastic voavs, entering into service, marriage, or by Avithdrawal from College so as to neglect study. Doctors and thetAAm Readers in Philosophy might hold benefices to the amount ol tAventy marks. The Fellows were all to proceed to the higher Degrees, and (unless studied Civil LaAV or Medicine) to take Priests’ Orders Avithin a year from the Degree of M.A. Disputations in Logic or Philosophy were to be usually con- ducted in the College Hall, and disputations in Divinity in the nave of the College Chapel. Daily private prayers, as well for themselves as for the souls of the Founder, his family, and four Kings ol England, Avere enjoined upon a 1 the Fellows and Demyes. On Sundays and holidays five services Avere to take place in chapel, with processions round the College cloisters, the Piesident attired in a grey amice, and the Graduate FelloAvs in surplices, and capes ol lui or turned up Avith Chinese muslin. Masses for the souls ol certain ben^’actors are to be celebrated daily. The garb ol the Fellows is prescribed AAith gieat minuteness. They are commanded to Avalk “ Avith pricked ears accoidmg to the Holy Canons. They Avere not to Avalk out alone. 1 he Bible was to be read in Hall ; only Latin is to be spoken there ; and no lingering allowed after meals. The Statutes Avere to be read, and scrutinies into the conduct of the FoIIoaas to take place once a-year. The President and each of the Scholars and Fellows, are bound to the ob- servance of these Statutes in oaths of elaborate length and a,wful solemnity. They are to be enforced by the Bishop of Winchester as Visitor, in terminal visitations by himself or his commissaries. The Fellows are forbidden, under the menace of the judgment ol God, to accept any ordinances, statutes, mtei- REPORT. 223 metations o-losses variations, or expositions, repugnant to the present Statutes, l^rtoXi. plain knd strict grammatical and literal meanmg. or to procure or “"S was'the constitution of a College which Wood declares ‘o “ the “ most noble and rich structure in the learned world, that is to say, that if you “ toe regard to its endowment, excelleth, all things considered, any society m '* AuTe information we have received from the contained in a note from the President in winch I'® ^ “ conscious of having misused or misapplied the propel ty oi the L^olleoC, tharhe cllrs hiiWll “ sworn to observe and never yrectly or indirectly “ to procure an alteration of, or dispensation from, ‘he ”t^ , The Fellows are still forty in number, and are elected fiom snecified Xy are mostly non-resident. The Demyes are understood to be Snated by the College ofBcers in succession, not, as pr^cribed in the Sta- tutes by the^whole body of them; but rarely, it is beliiwed, according to le a- tive merit They do not receive half the value ol the Felk wsliips, accordm,, m Stotute, but without statutable warrant, they retain they succeed to Fellowsliips. The Lecturers still exist ; ^^t then annexed to College Tutorships ; they are not chosen from the '^hoie Univeis^^, “ they lectSre to any but Students of the College, nor do they succeed •h*!st\lln:™''t“ of this College are magnificent. We cannot stl the amount of the revenues of the College or value of Headship. Mr. Senior informs us that the value of a 'Junior twenty /ears ago, 2501. a-year. The value of the Senior Fellowships is known *° There a™em in 1^851 to have been three Gentleman-Commoners, and eigM Bible Clerkl who with eleven TJndergradnate Demyes, make a total of twenty- two Tiersons receiving; their education in the College. . t • j i There aTe two tutors, of whom one is, besides. Lecturer Modern History, and the other Mathematical Lecturer. There is also a L ‘“TirtoS‘rmb“^^^^ on the College books is two hundred and six. There are thirty-nine henefices m the gift of the College. ^ „ snokeii We have already, in our Report on the general state ol the CoUe es spoke of the disproportion between the resources of this College and the lesu produced by them, and of the remedies which we P™l»f ^ „ We are of opinion that the oath ol the President and Fellows and Demyes to Lerve the Statutes, should be prohibited ; that they Z;® to divide the surplus, and that they should be released Irom the obluation ol holding yearly ^rutinies into the conduct of the Fellows ; ol SisputSions in Hall ; of perpetual resWence in College ; hi4er Degrees; of taking Holy Orders; of speaking Latin, and ol hearm thfsiriptures rkd at meSs ; of walking out alone ; and of many other like ■pppTila't'inim lon^ IsiHgii into disiisG* ^ n We are further of opinion that the Felloivships should be thrown open to all Bachelors of Arts ; and the Demyships to all persons ’’®1»" *® J® that the Demyships should be tenable only for five years and i!Si„jlins statutable practice which now prevails of Demyes succeediiij, to p , should be abolished. , . , , • • We recommend finally that, in the spirit of the Founder s lating to the three Lectureships, which have been so long . • neglect, twelve Fellowships should be appropriated to the endowment of . Professor-Fellows. MAGDALEN COLLEGE. Wood’s Colleges and Halls, p.350. PRESENT CONDITION OF THE COLLEGE. Evidence, p. 334. EMOLUMENTS OF THE FELLOWSHIPS. Evidence, p. 18. NUMBER OF PERSONS EDUCATED. TUTORS. ADVOWSONS. Report, pp. 168, 109, 180. REMEDIES. 224 OXFORD UNIVERSITY COMMISSION. BRASENOSE COLLEGE. KING’S HALL AND COLLEGE OF BRASENOSE, commonly called BRASENOSE COLLEGE. From this College we have received no information, hut have had access to a printed copy of the Statutes in the Bodleian. The text of this copy is that which we have caused to be printed. FOUNDATION. Churton, Life of Smith, p. 312. STATUTABLE CONSTITU- TION OP THE COLLEGE. Stat., c. 1,6, and 8. Statutes, c. 2. c. 1. c. 15. Report, p. 133. PRESENT CONSTITUTION OP THE COLLEGE. THE PRINCIPAL. Stat. 1, 2, 3, 4, 5. In the year 1511, which was the third of King Henry VIIL, license was given to William Smyth, Bishop of Lincoln, and Sir Richard Sutton to found “ a College for a Principal and sixty poor and indigent Scholars, to study “ Sophistry, Logic, and Philosophy, and afterwards. Divinity.” The College was to be permitted to hold land to the amount of 300^. a-year. The Bishop died before the completion of his design. He left Statutes, however, with power to his Executors to amend them. They issued a code, which still exists, and which was in force till 1521, when, at the request of the Principal, Sutton issued the Statutes which still govern the Society. Smyth’s draft is now lost, as also the original copy of the present code. Tlie Society Avas, aecording to these Statutes, to consist of a Head, twelve “ Scholares Socii,” and as many “ Scholares non Socii” as the chambers of the College could contain after accommodating tlie sons and heirs of six Noblemen or sons of Magnates. Three or four of the Members of the Foundation were to sleep in each room under the care of a Fellow. The Principal, the Fellows, and the Scliolars, were all to lie of the Diocese of Lichfield and Coventry, with a preference to the counties of Lancaster and Chester, and a further preference to tlie parishes of Prescot and Prestbury. With regard to the Scholars not Fellows, it seems that there is no further extension of the limits of eligibility. As to the Principal and Fellows, they may be chosen out of the Diocese of Lincoln, in default of persons, from the localities above specified. If no suitable (idonei) candidates are found in the Diocese of Lincoln, then the Fellows are to be chosen out of the fitter and more able (ajitioribus et habilioribus) persons, as to manners and learning, who may be found in the University of Oxford. When the choice is to be made between candidates from the favoured districts, it is enjoined by the Statutes, in like manner, that the “ fitter and more able persons, as to manners and learning, in “ the University are to be chosen.” It would seem that this last provision is intended to exclude the Scholars not Fellows from any preference as such. The Statutes of Brasenose College in many respects resemble those of New College. This resemblance does not, of course, extend to the provisions caused by the connexion of the Foundation of Wykeham in Oxford with his Founda- tion at Winchester, nor to the splendid services which his large endowments enabled him to establish. Amongst the lesser differences may be observed the peculiar forms of Roman Catholic devotion in Brasenose College, of Avhich we have already spoken. These devotions are in some cases enforced by fines and Avhipping. The College in 1851 consisted of a Principal, twenty Fellows, eight being of later ingraftment ; with thirty Scholars and a large number of Exhibitioners, all endowed by Benefactors subsequent to the Founders. There were no heirs of Noblemen or sons of Magnates in the College, such as Avere contemplated by the Statutes. There Avere, as far as appears, no “ Scholares non Socii.” There Avere fifty-four Commoners. In the election of a Principal it does not appear that the restriction as to Dioceses has been regarded, of late years at least. The Principal must be a Master of Arts, devoted to Divinity, or a Graduate in that Faculty, and of the age of thirty. He is to be chosen by a Seniority of seven Fellows. His function is to govern the Avhole Society ; but, in affairs of moment, such as letting farms, and presenting to benefices, he can act only in conjunction Avith a Seniority of six. He is to reside in the College, but may obtain leave of absence for two months during the Long Vacation. In Term time he is not to be absent more than a month, except on the business of the College, without tlie approbation of the Seniority, under the penalty of deprivation. He is i I 1 \ i i \ i. I REPORT. 225 removable for misconduct or contagious disease. His stipend is to be one hun- dred shillings a-year, besides an allowance for his commons in ordinary times of twelve-pence a-week, but in certain weeks, sixteen-pence, and in those in which high festivals occur, two shillings ; and this allowance may be further increased”when the price of wheat rises to twelve shillings a quarter. The Principal swears that he will not appropriate to himself, or his own use, any part of the goods of the College, except those which are allotted to him in the Statutes and Ordinances of the College. Mrs. Joyce Irankland added two shillings, and Queen Elizabeth one shilling and fouq:)ence weekly to the com- mons of the Principal towards the close of the sixteenth century. A large number of Obits and Commemorations have been founded in this College ; and thus some addition has been made to the Principal’s income, as well as to the emoluments of the Fellows and Scholars. In 1751 the Visitor sanctioned the addition of one hundred pounds a-year to the Headship, on the ground that its income at that time was of too mean and inconsiderable a value to support the dignity of the station. One hundred pounds a-year more was added in 1770 by a decree of the Principal and Fellows. There is no authority in the Statutes for any division of funds between the members of the Foundation. The practice is understood to be, that the fines for renewing leases are divided between the Principal and the six senior Fellows. The income of the Principal is supposed not to fall below one thousand pounds a-year at present. He inhabits a conve- nient residence apart from the College, but with an access to it. There is to be a Vice-Principal, to act in the absence of the Principal, and to assist him in the government of the College when present ; he is to be elected by the Seniority, and to receive twenty-six shillings and eight-pence a-year, besides his emoluments as a Fellow. The Fellows must, if possible, be Bachelors of Arts, who have “ determined “ creditably,” that is, performed certain University exercises required between the first and the second degree in Arts ; but in default of such persons, a Bachelor of Arts who has not determined, is eligible, and even, it would appear, an Undergraduate. The election is in the hands of the Principal and the Seniority. The Fellow elect is to swear before his admission that he has no patrimony, fee, annual pension, or benefice, from which he can expend four pounds a-year: tlie Fellowship is to become vacant in case the Fellow shall come into an income from such sources, amounting to ten marks a-year. Bishop Thomas, the Visitor of the College, in a decree issued in 1754 on this subject, determined that a Fellow possessing a private income of not more than forty pounds a-year ought not to be removed from his Fellowship. He grounded his decree on the fact, that wheat, which in the Founder’s time was six-and-eight-pence a quarter, was nearly forty shillings a quarter in Bishop Fleetwood’s time, and, though the price of wheat had declined since the days of Bishop Fleetwood, yet that the necessaries of life had been increased, so that the multiplication by six of the sum specified by the Founder would give about its modern equivalent, or forty pounds. But the Bishop declined to decide whether a Fellow elect possessing forty pounds a-year could take the oaths required before his admission, and left the matter to the conscience of each — person. The Fellows are not to hold any vicarage or chantry away from Oxford, nor within the University, if such benefice exceed in value ten marks a-year. Bishop Williams, in 1627, decided that the words “within the Uni- “ versity ” were to be interpreted as denoting the utmost extent of country to which the powers of its officers extended. Bishop Thomas dispensed with the Statute so far as regards the Lectureship of Rodborough, in Gloucestershire. Bishop Green, in 1764, decided that the value of Benefices was to be estimated by the valuation of Pope Nicholas, which is of earlier dale than that of King Henry VHI. The Fellows are to receive their commons and pension for one year after promotion to a Benefice, “ provided they discharge the duties of, and “actually are. Fellows.” By a decree of the Principal and Fellows, it was determined, in 1568, that a Fellow promoted to a Benefice might hold his Fellowship for two years; on the ground that the Founder designed the year of grace for purchasing necessaries, and that the Sovereign, by the Law of the land, claimed the first fruits. One of the Fellows appears from the Oxford Calendar to hold a district church in London. The Fellows are removable for gross misconduct, for becoming monks, for marrying, for taking service under another person, for being absent for more than eight weeks, continuous or dis- BRASEXOSE COLLEGE. App. to Brascnosp Coll. Slat., p. iii. vii. p. i. ii. p. xxxiv. р. xliii. VICE-PRINCIPAL. Statutes, c. 9. FELLOWS. с. 6. App. Stat., p. XXXV, xxxvi. Ib. p. xxix. Ib. p. xxxviii. Ib. p. xxxix.’ 226 OXFORD UNIVERSITY COMMISSION. BRASENOSE COLLEGE. PRESENT VALUE OP ELLOWSHIPS. INGRAFTED FELLOWS. WILLIAMSON’S FELLOWS. Brasenose St at, App. p. i. ELTON’S FELLOW. Ib. p. i. PORTER’S FELLOW. Ib. p. ii. CLYFTON’S FELLOW. Ib. p. ii. BRIAN HYGDEN’S FELLOW. Ib., p. iii. JOYCE FRANKLAND’S FELLOW. Ib. p. iii. BARBIE’S FELLOW. Ib. p. ii. Ib. p. XV i. CHAPLAINS. Ib. p. i. Churton’s Life of Smith, p. 437. SCHOLARS. Slat. c. 8. continuous, without permission, or for neglecting their studies. They are not to leave Oxford for more tlian a month in full Term, or for more tlian eight weeks during the Long Vacation, without permission, and there must at all times he at least six Fellows in the College. Neither they nor the Principal are to receive their Commons when absent, unless the business of the College has called them away. Their emoluments are to he an allowance for Com- mons, like that of the Principal, their lodging, and the services of the College servants. Their allowance was increased by the benefactions of Mrs. Frankland and Queen Elizabeth ; and they w’ere likewise to receive some benefit from Obits and Commemorations. The present value of a Senior Fellowsliip is supposed to he not much less than 500/. a-year; the Junior Fellows are said not to receive above 80Z. W e believe that six or seven of the F ello ws habit- ually reside in Term time, five being always engaged as Tutors or Officers. In 1522, John Port, on behalf of John Williamson, deceased, gave money for the purchase of lands of the value of nine pounds a-year, for the support of two Fellows horn in the city or county palatine of Chester, and of the lineage or name of John Williamson or John Port. During the first year these Fellows are to study Sophistry and Logic ; at the end of that year they are at liberty toj study the Civil or Canon Law ; and in that case they are to receive fifty-three shillings and fourpence yearly for eight years if they reside in any College or Hall iii the University of Oxford. In case of vacancy, either of those who are Fellows of the College, or of those who live out of the College, wdthin or at the end of the said eis:ht years, the place is to be filled up vdthin a month, if any of the kindred offer themselves. If no such person requires the same within three years, then the Exhibition is to go to the College till such person be found. The College is bound to perform the conditions by a bond to the Abbot and Convent of Chester, under the penalty of 300/. The Fellowships are to he filled up within a month if any of the kindred present themselves. Whether the Fellowships are now terminable, and whether they are filled up as the Founder directs, we have no means of knowing. One Fellowship "was founded in 1528 by John Elton, for persons o^f his kindred, natives of the diocese of Hereford or Worcester; or in defect of such persons, for one born in the diocese of Salisbury, or in defect of such, for the most deserving persons born in any place. William Porter founded a Fellowship in 1531 for a person of the diocese of Hereford, or in default of a person so qualified, for one born in any diocese next adjoining Oxford. The Fellow is to receive 33s. 6d. above his Commons and other emoluments. William Clylton gave certain tenements in 1530 for the maintenance of a FelloAv, who is to be a Priest and Graduate of the county of York and Lincoln alternately ; or in defect of such person, of the county of Nottingham, or in defect thereof, any proper person of the University of Oxford. Brian Hygden gave 210/ to purchase lands for the maintenance of one Fellow, to he chosen out of the counties of York and Lincoln alternately. In 1586 Joyce Frankland ivas a great benefactress. Among other gifts, she founded one Fellowship, to which her kindred, especially kindred of the Trapps and Saxies, are to be preferred. In 1 538 Edward Darbie founded a Fellowship for a graduate of the arch- deaconry of Stowe, then for one born in Leicestershire, Nottinghamshire, Oxfordshire, and the diocese of Lincoln successively, and in default of such, for a Graduate, then an Undergraduate, with the same qualifications of birth. In 1732 Charles Halstead bequeathed lands under certain limitations, for the foundation of six additional Fellowships, with a preference to his relations ; but it does not appear that these lands have come into the possession of the College. Richard Sutton, the Founder, gave an endowment for three Chaplains, who were to receive five marks a-year, and to succeed to Fellowships, if eligible, and not already Fellows. They were to be appointed by him and his heirs. This Avas done till the middle of the last century ; but the stipend not having been increased by the College, the appointments ceased, and Divine Service is noAv performed by the FelloAVs. It does not appear, as we have stated, that any of the Scholars not FelloAvs, Avith Avhich the College Avas to be filled, are noAV received in the College. These Scholars were to pay nothing for Lodging, or Lecture, nor for the Cook, REPORT. 227 Manciple, Tensor, or Laundress ; but they were to pay for their board, and to brasenose college, find security lor that payment. There are now twenty-five Scholars, and fii'teen Exhibitioners, for whose support endowments have been furnished by subsec[uent benefactors. One at least of the benefactions left in trust to the College has become very beneficial to it, if not to the parties chiefly contem- plated by the Benefactor. Dean Nowell gave estates to the College in 1572 Appendix, p. vii. and 1579 for the support of a school in Cheshire, and the payment to thirteen scholars from that school, at Brasenose College, of five marks yearly. The estates now produce, as the College has admitted, “ a large sum, but not 3000?. “ a-year.” This appeared in a suit commenced at the relation of Alexander Nowell, Esq., and the Attorney-General. It was finally decided in the House of Lords in 1834, that “ when a fund is given to the members of a corporate 2 Cia. and F., 295. “ body, as trustees, for the maintenance of a school, if such fund is not given “ out and out, but only as the trustees may think best to apply it for the “ advantage of the school, the surplus, after satisfying the exact charge first “ created upon the fund, belongs to the trustees.” There had, it appears, been a surplus of about 10?. in the lil’e-time of Dean Nowell, who was also Principal of the College, and the College had then applied the surplus to its own use. On this ground, the suit was decided in favour of the College. It appears from the Oxford Calendar for 1851, that there were then but two Scholarships on Nowell’s Foundation. Of the present value of the other Scholarships we have no means of judging. Mr. Hulme’s Exhibitions are'of considerable value ; they are in the patronage Appendix, p. xv. of three clergymen in Lancashire and Clieshire. His trustees have been empowered by Act of Parliament to purchase Ecclesiastical patronage for the Exhibitioners, and now present to twenty-nine pieces of preferment. A Lecturer was, according to the Statutes, to be appointed from among tlie studies. Fellows, and to receive for his pains 20^. a-year, and the fees on presentation to Stat., c. 11 . Degrees. He was to lecture by himself, or by others. Bachelors of Arts were also liable to teach the scholars when called upon to do so by the authorities, and to be paid as they should think proper. Mrs. Frankland increased the stipend of the “Second Logic Reader” by the yearly sum of 2?. 136-. 4c?. In App. stat, p. iii. 1560 Sir John Port bequeathed 200?. to provide stipends for two Readers, one ib. p. vi. in Philosophy, and the other in Humanity : they were to receive each 4?. per annum, and to lecture thrice a- week. In 1572 Richard Harper gave lands to ib. p. viii. found a Greek Lectureship: the Reader was also to receive 4?. a-year. In 1628 Dr. Barneston gave a rent-charge of 61. 13s. 4c?. to endow a Hebrew Lee- lb. p. ix. tureship : the Reader is to receive 61. a-year. In 1647 William Hutchins gave ib. p. ix, x. 100?. by will, for the increase of the wages of the Divinity Reader, and other purposes: it was ordered that the Reader should have 21. 10s. a-year. The present value of these endowments we have no means of learning. The offices appear to be held by two of the Tutors, and one of the other Fellows, who is also Bursar. The Tutors are three in number : one of them is also Mathe- matical Lecturer. The Undergraduates are seventy-four in all. The Studies now are probably the same as in other Colleges. There is a Special Lecturer for Mr. Ilulme’s Exhibitioners, who continue to reside for three years alter taking the degree of B.A. The total number of names on the College books in 1851, was 408. There are thirty-three benefices in the gift of the College. The Bishop of Lincoln is Visitor. He is, whenever required by the Principal visitor. and Seniority, and ordinarily once in three years, by himself or his Commis- saries, to exercise his office, in order to see that none of the Statutes are, by stat. c. xxxv. abuse and desuetude, wholly or in part neglected ; to correct all excesses and abuses ; and to remove, if necessary, the Principal, or any other member. He is to receive 31. sterling for each visitation. No one is to make Statutes or Ordinances repugnant in any way to the sense and meaning of the Statutes of stat. c. xxxviii. Sutton, or derogating from them. They are to remain for ever “ safe and stat. c. 1 . “ inviolable in every particle.” We are of opinion that the administration of the affairs of the College remedies. generally, and all Elections, should be in the hands of the whole body of Fellows; that the appropriation of fines to the Principal and Seniors should cease. It has a tendency to impair the management of the estates. It is in no way contemplated by the Statutes ; l^ut it is said to have been maintained by the Visitor, on an appeal from the Junior Fellows. We are of opinion also that 2 G 2 228 OXFORD UNIVERSITY COMMISSION. BRASENOSE COLLEGE, the Senior Fellowships should in no case exceed 300/. a-year ; that the Junior Fellowships should be raised to 150/.; that the Fellowships should be open to all persons who have passed the Examinations for the Degree of Bachelor of Arts ; that in the spirit of the Founder’s intentions, five Fellowships should be suspended, in order to provide support for ten Scholars at least, each to receive 50/. a-year, from the goods of the College ; the Scholarships to he held for five years, and to he entirely open to all persons under the age of nineteen. ' We are of opinion, further, that the College should be released from the Statutable obligation of requiring Fellows about to be admitted to swear that they have only 4/. a-year, and from that of requiring the resignation of Fellowships if the holders have more than ten marks a-year ; from that of filling their chambers with poor Scholars ; from that of receiving into the College only six heirs of Noblemen, or sons of Magnates; from that of electing a Lecturer to train Students in Sophistry, Declamations, Recitations, and Doubts; from that of speaking Latin ; from that of not entering the houses of Laymen ; from that of attending Disputations ; from the obligation respecting their Emoluments ; from that of reading the Bible in the Hall ; from that of wearing the dress specified in the Statutes; from that of residence; from that of requiring a Fellow to sleep in the same room witli the Scholars ; and from many other minute rules prescribed in the Statutes, which the Head and Fellows have sworn to observe, and that the oath itself shall be declared unlawful. report. 229 CORPUS CHRISTI COLLEGE. From this College we have received full Evidence, and copies of its Statutes and other documents, which we have caused to be printed. Corpus Christi College was founded in 1506, by Kchard Fox, Bishop of wLllester. under a licence from King Henry VIII. The ^ named in the Charter was thirty, “or more or less, according to the Oidma “ lions and Statutes to be made or imposed.” The Statutes were 7 b? the Founder, and (with the exception of some alterations which he made himself before his death) still govern the College. The the Foundation was extended to forty, of whom or “Fellows," and twenty “Disciples” or “Students. Two Chaplains, two Clerks, and two Choristers were added. The regulations of the resemble those of Magdalen, where the Founder was educated. The Felloira were to he elected from the Scholars, and the Scholars certain counties or dioceses in certain proportions, localities bem as appears, selected with regard to the dioceses over w ic , Ttpo-ard other benefactors had presided, or the places in which they was also had to the counties in which the College had property. Three Fellow- ships, as at Magdalen, were to be appropriated was to he freed from these local restrictions. The President (by a later alteration of the Founder himself) was to be elected, not by but by the seven seniors. All the Students at the time ol their admi were to have received the first Clerical tonsure; all (except one devoted to Medicine) were to take Holy Orders, and to proceed to the Degree of Deetor in Divinity. Poverty, though not expressly mentioned amongst the T“ali tions, was secured by the provision that no Scholar was o Possess miw five marks yearly at the time of his admission, and the President and Felloi s were to have from twelve pence to eighteen pence a-week for according to the price of wheat. The President was also to have ten pounds a-year and other allowances. Horses and servants were, as m o ®r ® ’ kept at the expense of the College. In addition to their commons and dresses the Fellows who were Priests were to have four marks a-year ; those who were not Priests, forty shillings a-year. Fellowships were to be vacated, as else- where, by marriage, monastic vows, service, ecclesiastical prelerment, o patrimony of the value of one hundred shillings a-year, which, however, the Fellows might forego. , . ^ In these and many similar particulars, therefore, this College has nothin^, t distinguish it from its predecessors; but there are two peculiaritip which mm be more closely noticed. First, the usual rule of life and discipline, and the usual precautions against alterations of the Statutes, in this College were enforce with peculiar severity. The prohibitions against walking alone, against non- residence, against anything which should withdraw the Fellows from then studies, were multiplied beyond former example. The oaths, too, were increase both in length and in number; and the President and Fellows each were required to enter into a bond to secure their observation of the Statutes. The Bishops of Winchester, as Visitors, were enjoined with unusual solemnity to provide for the enforcement of the Statutes. It would seem as ii the Founder, anticipating the great change which in a few years was to pass over the face of European society, was deterrnined by these minute regulations and solemn imprecations to preserve his own institution immovable amidst the general convulsion. Secondly, the object of the College was, more distinctly than any previous foundation, connected with the studies of the age. Classical Literature was now for the first time expressly mentioned. There was an apology for the Statutes not being written in Ciceronian Latin. The Classical Authors were for the first time enjoined as subjects of instruction. Composition in verse, * The references are made to the Statutes as numbered both in the original copy and in that from which Mr. Ward’s translation (published in 1843) was made. CORPUS CHRISTI COLLEGE. FOUNDATION. Statutes, * c. 1 (or Preface). STATUTABLE CONDITION OF THE COLLEGE. Life of Bishop Fox, prefixed to Ward’s Translation of the Statutes, p. xl. c. 10 (9). c. 22 (21). c. 4 (3). c. 25 (24). C. 26 (25). c. 15 (14). c. 37 (36). c. 31 (30) ;• c. 37 (36). c. 30 (29). PECULIARITIES OF THE, COLLEGE. c. 5 (4). c. 15 (14).- c. 5 (4). c. 54 (53). c. 2 (1). C. 22 (21). c. 15 (14). 230 OXFORD UNIVERSITY COMMISSION, CORPUS CHRISTI COLLEGE. Statutes, c. 10 (9). c. 21 (20). c. 22 (21). c. 31 (30). c. 22 (21). c. 23 (22). c. 25 (24). c. 26 (25). Walton’s Lives, vol. i., p. 341. Statutes, c. 22 (21). Life of Bishop Fox, p. xlii. PRESENT CONDITION OF THE COLLEGE. Evidence, p. 337. Injunction of Bishop Morley, 1667, App. to Coll. Stat., p. 124. Evidence, p. 337. Ibid., p. 33 7. NUMBERS OP THE COLLEGE. TUTORS. BATTELS. Evidence, p. 338. ADVOWSONS. and Latin letter-writing, were rec[iiired of the Scholars. Greek as well as Latin was to he spoken in the Hall. Greece and Southern Italy were especially mentioned as countries from which the College Lecturers ivere to be elected. A three years journey to Italy was allowed to supersede all the Statutes respecting residence. The subjects of the College Lecturers were to be (not as at Magdalen, the old routine of Divinity and the two Philosophies, but) Divinity, Humanity (or Latin), and Greek. Incessant industry in these studies is the main duty which the Founder inculcates on his College, which, by a curious metaphor sustained throughout the Statutes, is called his hive of bees. This object is intended to be secured by numerous and minute regulations. The injunction which was inserted in the Statutes of JMagdalen against canvas- sing for the office ol Proctor, lest the Fellows should be diverted from their studies, is here exchanged for an absolute prohibition to accept the office if offered to them, on pain ol instant forfeiture of the Fellowships. Even on least-days and in vacations the time ol the Students was to be spent “in writing “verses and letters, in the rules of Eloquence, the Poets, Orators, and His- ‘ torians. Relaxation was only to be allowed in the afternoons, and sometimes in the forenoon, “ on rare occasions,” with the consent of the College officers. There was a special provision that every Fellow, live years from his Regency, was to preach either at St. Peter’s or St. Frideswide’s Cross in Oxford; and also that every Fellow, after taking his Degree of D.D., to which by Statute he was bound to proceed, was sworn to preach for two years from that time seven sermons in each year in some populous town. Of these sermons, one was to be at Paul s Cross, and one at St. Mary’s Hospital, in London. This obligation of pi-eaching at Paul’s Cross, as appears from a well-known passage in the Life of Hooker, was in force in the reign of Queen Elizabeth. These studies and exercises were to be superintended by the Dean of the College ; and instruction was to be provided not only for the inmates of the College, but for the whole University, by the three Lecturers before mentioned, each of whom was to be endowed with a Fellowship free from all restrictions. Such was the Society which drew down the celebrated encomium of Erasmus, that what the Colossus Avas to Rhodes, Avhat the Mausoleum was to Caria, that Corpus Christi College would be to the kingdom of Britain. The minute regulations which prescribed the studies, the Avorship, the exer- cise, the manners, the language, the dress, of the FelloAvs of Corpus, have been entirely set aside, and for the most part Avith great advantage, by Acts of Parliament, by custom, and by injunctions of the Visitors, although the FelloAvs are still bound to observe and accept the Statutes of Richard Fox and of none other. “ The Statutes have ceased to be observed literally” (as the Tutors of Corpus inform us) “in respect of residence, in respect of religious services, in “ respect ol the course of study and methods of instruction and manners marked “ out by the Founder.” Out of tAventy FelloAvs, thirteen are non-resident. By a Visitor’s injunction, in 1667, they are permitted to be Proctors. One only is a D.D. The value of disc[ualifying estates has been raised from 1005 . to 200/. The value of disqualifying benefices is rated by the Valor of Pope Nicolas. Of the three Lectureships contemplated by the Founder, one seems not to have been founded at all, and the other tAvo are merged in the Fellow- ships and Tutorships, and no Lectures are delivered by the Lecturers except to members ol the College. The tAvo Choristers and the tAvo Clerks in Minor Orders haA'^e been turned into four Exhibitioners. The Visitors have not only interpreted, but dispensed Avith and virtually repealed Avhole Statutes of the F ounder. Their regular visitations have long since ceased. Tlie number of FelloAvs is still tAventy, as in the time of the Founder. One Scholarship has been added since the original Foundation, confined to the kindred ol Mr. Frost; but the number of Scholarships is still, as at first, tAventy. Besides the tAventy Scholars there were, in 1851, tAvo Gentleman-Commoners, four Exhibitioners, and a Bible Clerk. There are three Tutors. File total number of names on the College Books in 1851 Avas one hundred and thirty-nine. The average amount of battels for a Gentleman-Commoner Avas 130/. Tliere are tAventy-tAvo benefices in the gift of the College. We subjoin the statement furnished by the College of the amount of its corporate revenues and their application I i ■i \ i I \ i / REPORT. 231 OEPUS CHRISTI COLLEGE revenues. “ Our income arises almost entirely from land and houses, only a small part “ beino' derived from investments in the Government lunds. “ Our manorial property is copyhold for lives. About twelve years since Evidence, p. 335 “ the Society discontinued the practice of granting renewals in this kind of “ property. The portion of income therefore arising from this source is at “ present OTiall. Our freehold property is let principally on beneficial leases “ for twenty years at annual reserved rents, such leases being renewable “ every seven years on payment of a fine. A few estates aie now let at rack- “ rent, the leases having been allowed to run out, and some other leases aie “ in course of expiration. . o ■ “ From these sources our corporate revenue is about 8,500 l ibis sum “ indeed is above our actual receipts, hut is arrived at by supposing that we are still in receipt of fines from those estates of which the leases are running out ; - whereas, while that process is going on, the septennial fines are not received. “ The Head of the College receives on the average 1,000/. a-year. iwenty “ Fellows receive 200/. a-year each on the average. In addition to this, 300/. “ a-year is divided amongst such as hold College offices, viz. the 1 utors. Deans, “ and Bursars. Two Chaplains receive about 50/. a-year each, and a Clerk ol “ Accounts 50/. To each of twenty Scholars, four Exhibitioners, and seven “ servants about 40/. a-year is paid. We carry 500/. a year to a reserved bind “ for o-eneral purposes. The remainder of our income is exhausted by the Ibllowino- charges, viz. wages of College servants, assessed and property “ taxes, insurance and repairs of College buildings, tradesmen’s bills, and sub- “ scriptions to parochial and diocesan societies. r i,* c? The hopes which Erasmus entertained of the future celebrity ol this .Society have not been realised. But we must observe that, in spite of the disadvantages imposed upon the College by the Statutable restrictions, to which it has adhered amidst the neglect of so much besides, it has the credit ol instituting strict Examinations for its Scholarships at a time when such Examinations were almost unknown, and thus of placing amongst its Scholars at the beginning ol this century many eminent names. And the efforts made by the Fellows on the present occasion to assist inquiry into the state of their College, together with the recent abolition of the class of Gentleman-Cornmoners in the College, and the resolution to admit Commoners, prove that, if the College has lailed to preserve the great name which it enjoyed at its first foundation, this is not lor want of desire on the part of the present generation of Fellows to promote its usefulness as a seat of instruction and education. . . i i We can have no hesitation, therefore, in adopting the principle sanctioned by the Visitors of the College, that when the cause of a regulation has ceased to exist, the regulation itself should cease to be enforced. We recommend that the local and family restrictions he removed, and that it be declared unlawful to impose the oaths which hind the President, Fellows, and Scholars to the observance of Statutes, almost all of which have either become obsolete, or been superseded by the Injunctions of Visitors. We are further ol opinion that here, as in other Colleges, the connexion between the Scholarships and Fellowships should be severed, and that the Scholarships shoidd he tenaMe for five years. We have already recommended, in our general Report on the Colleges, that, with the view of carrying out the designs of Bishop I ox, lor so many generations frustrated or neglected, two Professorships should be endowed by the College with an income each of the value of three r ellowships. MEASURES REQUIRED See Injunction of Bishop Morley, 1667. App. C. C. C. Stat., p. 124. Report, p. 180. 232 OXFORD UNIVERSITY COMMISSION. CHRIST-CHURCH. FIRST FOUNDATION. Wood’s Colleges and Halls, pp. 414-420. Ibid., pp. 423, 424. Wood’s Annals, vol. ii., p. 27. SECOND FOUNDATION. Ibid., p. 428. THIRD FOUNDATION. Ibid., pp. 431, 432. Ibid., p. 433. Wood's Annals, vol iii., p. 841. Gulch’s Note on Wood's Colleges and Halls, p. 434. Ibid., pp. 433, 434, THE CATHEDRAL OF CHRIST-CHURCH, OXFORD. From Christ-Churcli we have received hardly any Evidence. A copy of the Statutes of Cardinal College has been obtained from the British Museum. A copy of a later addition to this Code has been procured from the Record Office, together with a copy of the Statutes for the first Foundation of King Henry VIII. These we have caused to be printed. This great Society has had three distinct foundations. In 1526, Cardinal Wolsey, in his well-known zeal for learning, procured a Bull from Pope Clement VII. for the suppression of twenty-two monasteries. Among these was the Priory of St. Frideswide, the earliest and one of the greatest of the monastic establishments in Oxford, which Wolsey chose as the site of a new College, to be called from him Cardinal College. It was to exceed in magnificence any previous foundation in Oxford, and to consist of a Dean, Sub-Dean, one hundred Canons, all devoted to study, together with one hundred Scholars ; six puldic Professors, in Divinity, Canon and Civil Law, Medicine, Liberal Aits, and Humanity, who were to deliver Lectures to the whole University ] and ioui College Lecturers in Philosophy, Logic, Sophistry, and Humanity. There were to be besides thirteen Cliaplains, twelve Clerks, and sixteen Choristers, to keep up the service ; four Censors, wlio, conjointly with the Dean and Sub- Dean, were to maintain discipline over the Canons ; seven officers employed in the business of the College ; and twenty -six servants. i • mn The whole of this great establishment, on the lall of its Founder m lo29, came into the hands of King Henry VHI. In 1532 he relounded it undei the name of King Henry the VHI.’s College, and gave it Statutes, appointing a Dean and twelve Canons, with a certain number ol Clerks, Chaplains, and Choristers. To this body no educational duties were assigned, and the Statutes (which we have caused to be printed) entirely relate to the maintenance of the service and the management of the property ; so that, in fact, it was simply a Cathedral under the name of a College. In 1545 he took the revenues back into his own hands. r i x* Meantime the King had created the new Bishopric of Oxloid Irom pait ol the old Diocese of Lincoln.' The Cathedral of the Bishop had at first been placed in the Abbey of Oseney, close to Oxford; but, in 1546, the King per- ceived that he might combine the Chapter of his new Cathedral with the governing body of the new College. Fhe seat of the See of Oxloid was therefore^transferred from Oseney to St. Frideswide’s ; and King Henry, once more, by Letters-patent, re-established the College under the name of “ Christ- “ Church Cathedral in Oxford, of the Foundation of King Henri “ VIII.,” with a Dean and eight Canons, to whom was granted the site of the previous College, together with Canterbury College (founded by Aich- bishop Islip), Peckwater Inn, and other tenements and estates, on condition that they should pay certain annual stipends to the following peisons. Eight Minor Canons were to have 10/. each ; sixty Students, 8/. each ; a Schoolmaster 20/., and an Usher 10/., to teach forty boys. There were also to be sums, vaiying from 13/. to 6/., to be paid to a Gospeller, Postiller, Lay Clerks, Choristers, Master of Choristers, Organist, and twenty-four Almsmen. The stipends of 40/., which had hitherto been paid by the Chapter of Westminster to each ol the three Professors of Divinity, Hebrew, and Greek, established by the King in 1540, were henceforth to be paid by the Chapter ol Christ-Chinch. At this time, the Professors had no further connexion with the Foundation. The King dying in the course of the next year, no Statutes were given to Christ-Churcli ; and it still stands alone among the Colleges, as being governed ivithout Statutes, by Orders of the Dean and Chapter. In the short interval between the foundation of Christ-Churcli and the King’s death, the institution was altered in one important respect : the boys were transmuted into forty Students, who, with the sixty previously established, brought the number to one hundred. The foundation was again modified by Queen Elizabeth, who, in 1561, ordered that at least three Students annually should be elected from St. Peter s College at Westminster. In 1663, in the burst ol loyalty that accornpanied the Restoration, “a jovial Cavalier” of the name of Thurston, gave “in a humour “ by will ” 900/. for the maintenance of one or more Scholars in “ Kings Ibid., p. 436. REPORT. 233 “ College, Oxford.” There is no College called by that name. But, as Christ- Church, Oriel, and Brasenose are all so styled in their respective Charters, each laid claim to it ; and, Christ-Church having gained the day, a new Student- ship was added, thus raising the number to one hundred and one. The nomi- nation to tliis Studentship belongs, at the present day, to Lord Vernon. In 1604, King James I., by assigning one of the Canonries ol Christ- Church to King Henry’s Professor of Divinity, annexed that Chair to the College. In 1630, King Charles I. similarly endowed King Henry s Professor of Hebrew. The same King annexed a Canonry in Christ-Church to the Public Oratorship, which, however, was severed from it in the reign ol King Charles II., and has never since been united to it. In 1842, Your Majesty Avas graciously pleased to found two Chairs of Ecclesiastical History and Pas toral Theology, to be endowed hereafter with Canonries ol Christ-Church, as they should fall vacant. The Professor of Pastoral Tlieology has succeeded to his Canonry ; but no vacancy has yet occurred for the Professor of Eccle- siastical History, and he is still supported by the University. By an Act of Parliament passed in 1840, the Prebend in Worcester Cathedral attached by King Charles I. to the Margaret Professorship of Divinity, was commuted lor a Canonry in Christ-Church, to which the present Margaret Professor has suc- ceeded. By the same Act, another Canonry was annexed to the Archdeaconry of Oxford, charged hoAvever with an annual payment to the Archdeacon ol Berks. On comparing the present condition of this Institution with that in which it was left by its second Founder, King Henry VIIL, Ave find the lolloAving results. It is still governed by the Dean and eight Canons. The folloAving is the statement of their incomes in the Report of the Ecclesiastical Revenues of England and Wales. The Dean receives for Avages 133/. 6s. 8c/., and for localia 10/.; and each Canon receives for wages 20/., and for focalia 5/. Of the rent of the College meadow (let for 250/.), the Dean receives one-half, and each Canon one-sixteenth. But the average surplus divided betAveen the Dean and Canons, but subject to taxes, contributions to small livings, &c., A\as 12,547/., the Dean receiving one-fifth, and each Canon one-tenth ; and the average sum divided between them in the same proportions, in respect of their College offices, but subject to College and University dues, Avas 2,153/. Houses are assigned to the Dean and Canons, of Avhich the College keeps the exterior in repair. Of these Canonries, none of Avhich had duties assigned by King Henry VIIL, all are now annexed, except three, to University Professorships; and of these three, one is assigned to an ecclesiastical officer of the diocese of Oxford, and another to the Sub-Dean of the College. The Studentships are still one hundred and one in number. All young men placed on the Students’ list, may retain their Studentships in perpetuity. But Avhen they come into the number of the twenty Seniors, they are obliged to enter into Priest’s Orders Avithin a limited time ; otherwise they are struck off the list. The only exception to this rule is in favour of four “ Faculty Students,” who are alloAved to devote themselves to the study of Medicine, LaAv, or general Literature, Avithout the necessity of taking Orders. The value of all these Studentships is small, and varies with the price of corn in the Oxford market. The forty-one Juniors receive at present an annual dividend amounting to rather more than 25/. a year ; the next forty receive rather more than 30/. ; and the senior twenty about 45/. Besides this, the tAventy Seniors enjoy certain lands held by Trustees for their benefit, Avhich raise their emolu- ments in money to rather more than 80/. a year. Rooms are assigned to Students, of Avhich they receive the rent Avhen non-resident. They have also alloAvances for commons, &c., of small amount. To Students elected from Westminster School, Dr. Lee left Exhibitions of 50/. a year for seven years after election, on the condition of their residing a certain portion of each year. Bishop Carey has lately left a sum amounting, Ave believe, to 30,000/., the proceeds of Avhich are to be assigned by the Dean to certain of the Westminster Students Avho have taken the Degree of B.A., and Avho Avish to reside for the purpose ol studying Theology. The condition of Students of Christ-Church, so far as their alloAvances go, more nearly represents Avhat Avas intended by most Founders of Colleges to be the condition of their FelloAVS than that of any other Society in Oxford. This arises from the fact that all the surplus revenue 2 H CmUST-CIIURCH. ANNEXATION OF CANONRIES TO UNIVER- SITY PROFESSORSHIPS. Woo i’s Ath. O.X., vol. iii., p. 131. PRESENT CONDITION OF CHRIST-CHURCH. THE DEAN AND CANONS. Report of Ecclesi- astical Revenues, Table No. ii., p. ‘.’U. THE STUDENTS. CHRIST-CHURCH. EXHIBITIONS. NUMBERS. Evidence of Mr. Conybeare, p. 339. LEE’S READER IN ANATOMY. Evidence, p. 283. REMEDIES. Report, p. 152. Report, p. 1"G. 234 OXFORD UNIVERSITY COMMISSION. is divided among tlie Dean and Canons, wlio in this respect resemble the present Fellows of other Colleges, while the Students stand to them in the relation of ^5 ol^oTcXi*s These Studentships are bestowed by the Deans and Canons in turn, except that two or three are elected annually from Westminster. From the Students are chosen the College officers, namely, two Censors and two Readers, with several Tutors, and one Mathematical Lecturer, who all together correspond to the Deans and Tutors of an ordinary College. The discipline is administered by the Dean, with the assistance ol the Sub-Dean, who is always one of the Canons, and the Censors ; but in the case of Students it is enforced, in the last resort, by the Chapter. . , , . i -r. j There are Exhibitions, founded by Bishop Fell, Archbishop Boulter, and others, to the amount of about 500/. a year, which are bestowed on Members of the College (not like the Studentships by personal nomination, but) by examination. The iiumbov of Undorgraducitc Monibers in 1851, was about ono hundrod. and ninety. The total number of names on the College books was seven hundred and twenty-five. ■, c We have stated in our General Report that the average battels oi Com- moners in this College are very moderate. There are twenty -two benefices in the gift of this Society. Dr. Lee, who left the Exhibitions for Westminster Students, also left endow- ments for a Lecturer in Anatomy and the maintenance of an Anatomical Museum. The University has recognised the certificate of this Lecture as applicable to Academical purposes. Dr. Acland, who now holds the office, has furnished us with a full account of the Museum, which appears to be main- tained in a highly creditable condition. , , ^ i To carry out the great designs of Cardinal Wolsey would, of course, be impossible. To some extent, however, this has been done by the successive annexations of the Canonries to University Professorships ; and m this respect any recommendations which we might have thought it our duty to propose have been anticipated by the gracious acts of Your Majesty and Your Royal predecessors. Still we cannot but feel that, viewed as a place of collegiate education, this magnificent Institution is less efficient than it might be, an than it has formerly been. This is due in great measure (as we have shewn before) to the fact that many other Colleges have opened Scholarships to general competition, while the Studentships of Christ-Church are still given away as pieces of patronage. This result is also due, m part, to the poverty of the Stu- dentships, compared with the Fellowships of other Colleges, to the connexion of so large a portion of them with one School, which has not always been m a flourishing state,— and to the assignment of the chief authority m the College to the Chapter, of which the members take no part in the instruction, while the Tutors have little power. .i • i We have already stated the recommendations which we think necessary loi the amendment of this great Collegiate Society so fully, that it is needless to repeat them here. We have to add, that we think the College would do well to annex their Readership in Anatomy to the Regius Professorship m Medicine, so that the endowments may be fully available for Academical purposes. Ihe administration of the College should be placed in the same hands to which we have proposed to transfer the election of Students. The Thurston or Vernon Studentship should no longer remain in the nomination of an individual. The Code framed by Wolsey for Cardinal College was very elaborate ; and the oath of the Dean and Canons to observe it was almost exactly similar to that which we have noticed in our account of Corpus Christi College. Ihe death of King Henry VIII., which prevented the present Foundation Rom re- ceiving any Statutes, has happily relieved the Society frona the contrast beti^en statutable obligations and actual performance whmh exists m all other Col- leges. The oath, however, of obedience to the Dean, which is now exacted from Students at admission should be discontinued. REPORT. 235 TRINITY COLLEGE. We have received no Evidence from this College, nor have we been able to procure a copy of its Statutes. In 1290 Richard de Hoton, Prior of Durham, founded Durham College at Oxford, an establishment of Regulars for the education of the young Student monks of Durham. This institution perished at the dissolution ol the Monas- teries; hut its property was transferred by King Henry \ HI. to the newly- created Chapter of Durham Cathedral. Its site and buildings, after various changes, ultimately passed into the hands of Sir Thomas 1 ope who, in lo54, iirocured a license from King Philip and Queen Mary to found a College on this spot, under the title of Trinity College; ‘Mbr the mcrease and public profi “ of his country, and augmentation of orthodox faith and Christian religion, “ and for the perpetual sustenance of poor Scholars INing in the Cmversi y ; “ for the maintaining also of the number of twenty Scholais. m..e Scholars twelve were to be Fellows, and to study Philosophy and Divinity, and eight to be Scholars, and study Polite Learning, Logic, and Philosophy. The Scholars were to be elected from the Founders manors, if, however, no fit Candidates appeared on Trinity Monday, the vacancies were to be sup- plied from any county in England. The Fellows were to be elected from the Scholars. Not more than two natives of the same county could be elected Fellows, Oxfordshire excepted, from which county five were allowed. A special object of the Founder seems to have been to promote the study oi the Latin and Greek languages, the former of which he feared was falling into neglect. He established two Lecturers in Philosophy and Rhetoric, and laid down an elaborate scheme for their guidance. ^ w- The Founder, from his affection for Gardiner, appointed the Bishop ol W m- chester Visitor of the College. . . n- i In 1557 four Scholarships were added by Sir Thomas Pope, which weie to be placed on the same footing as the original eight Another Scholarship, founded about the same time by Mr. Blount, raised the number to thirteen, which has not been increased. Three Exhibitions have been foinidec y later Benefactors, one by Mr. Unton, in 1693; one by Mr. Tylney, in 1720; and a third, in 1784, by Archdeacon Cobden, for the advantage of super- annuated Scholars of Winchester College. This Exhibition has been aug- mented from time to time by the Warden and Fellows of Winchester College, and has probably tended to maintain a connexion between Trinity College anc Winchester School. n- i x- j j n., „ We may observe that this is the first College, after Balliol, founded by a layman, as were all Colleges subsequent to this time. It/s also remarkable, as beinff, like St. John’s College, founded by a Roman Catholic after the ^^eter- mation. Of its Statutes, we can give no further account. Wood informs us that they resemble those of Exeter College. , t xi, There are now twelve Fellows and thirteen Scholars. In 1851 the number of Commoners was sixty -seven ; the total number ol names m t e o e^e Books was two hundred and eighty-eight. There are four Tutors, one ol whom is Lecturer in Rhetoric ; and there is besides a Lecturer m Philosophy. There are ten benefices in the gift of the College. n Tl We are unable to give any account of the revenues of this Goliege me Scholarships, however, are known to be amongst the most valuable m le m versity, being worth about 70/. a-year; and from this cause, combined with the circumstance that, though nominally confined, they are virtually open o a very large portion of the kingdom, the College has reaped gieat a van a^e, and has numbered on its list ol Scholars many distinguished names. M^ith regard to the local restrictions which have prevented the fellowships from maintaining the same high character as that borne by its Scho ars iips, we quote the words of Mr. Freeman, a late Fellow of the Colley - “ Sometimes a rule, which was originally intended as a libm’al one, las, m “ the lapse of time, acquired a character entirely opposite. ^ 1^1 ^ TRINITY COLLEGE. FOUNDATION. Warton’s Lite of Sir T. Pope, pp. 112, 113. STATUTABLE CONDITION OF THE COLLEGE. Wood’s Colleges and Halls, p. 59. Ingram’s Memorials of Oxford. Trinity College, p. 8. additional BENE- FACTIONS. Wood’s Colleges and Halls, p. 106. PRESENT CONDITION OF THE COLLEGE. SCHOLARSHIPS. LOCAL RESTRICTIONS. Evidence, p. I II 236 OXFORD UNIVERSITY COMMISSION. TRINITY COLLEGE. MEASURES REQUIRED. “ dation of Trinity College, the Founder directed that, Avith the exception of “ Oxfordshire, there should not be more than two Fellows of the same county “ at once ; Oxfordshire is allowed five. One can hardly doubt that the inten- “ tion of the restriction was to keep the foundation as open as possible, by pre- “ venting the formation of any local clique. The exception may have been “ merely a pardonable weakness for his native county, or it may have been “ intended for the benefit of persons born in the University, who might be “ reasonably supposed to have less local feeling. But even against Oxfordshire “ a clear majority of Fellows is secured. In any case the restriction is clearly “ meant to be liberal. But now that local feelings are less strong, and birth “ in a particular county less generally implies any practical connexion Avith it, “ the danger is not to be feared ; at all events, the evils of the restriction, which “ continually shuts out the most distinguished of the Scholars from pro- “ motion in their own College, greatly overbalance its advantages.” In this opinion Ave fully concur. We therefore recommend that these restrictions shall in this, as in other Colleges, be removed. We also recom- mend that the oath to observe the Statutes be declared illegal, and the Pre- sident and FelloAvs be released from the obligation to perform duties which are noAV become obsolete. We are further of opinion, that the Scholarships should here, as elsewhere, be tenable for five years, and that their connexion Avith the FelloAvships should cease. REPORT. 237 COLLEGE OF ST. JOHN BAPTIST, commonly called ST. JOHN’S COLLEGE. This College has declined to give us information respecting its revenues, and we have been unable to procure a copy of its Statutes. But to our general inquiries copious answers have been returned. St. John’s College succeeded an older institution, which Archbishop Chichele had founded in 1456, under the name of Bernard College, for monks of the Cistercian Order. On the site of this College Sir Thomas White, in virtue of a license procured from King Philip and Queen Mary, in 1555 founded a Col- lege dedicated to the honour of God, the Virgin Mary, and St. John Baptist, “for the learning of the Sciences, of Holy Divinity, Philosophy, and Good “ Arts it was to consist of a President and thirty Scholars. This number was in 1557 increased to fifty Fellows or Scholars (of whom twelve were to study Civil and Canon Law,) three Chaplains, three Chanters, and six Cho- risters. The Statutes of this College are said to be framed on the model of those of New College, and the extracts given from them in Wilson’s History of Merchant Taylors’ School, are in many passages word for word the same as the corresponding regulations in the older institution ; and we gather from the Evidence that the observances enjoined in the two societies are very nearly alike. The chief peculiarity of St. John’s College consists in the restrictions which the Founder imposed on the Fellowships and Scholarships, though these too are modifications of the restrictions specified in the Statutes of New College. Of the fifty Fellowships, constituted by the Founder, seven were allotted to the schools of Bristol, Coventry, Reading, and Tunbridge. The three first- named Schools were to send two Scholars to the College, and Tunbridge one. The Scholars sent from these Schools are chosen, in the first instance, by the municipal authorities of the respective towns; except in the case of Tun- bridge, where, there being no corporation, the Vicar and principal inhabitants appoint. The Scholars so chosen are examined at the College, and if found fit are admitted ; if they are not fit, the College (that is, the President and ten senior Fellows) may elect to the vacant Fellowship without any restriction. The remaining forty-three Fellows were to be chosen from the boys educated in the city of London, but with a strong preference to those educated at Mer- chant Taylors’ School. The vacancies were to be filled up yearly by the Master, Wardens, and Court of Assistants, with the consent of the President (or Vice-President), and two of the Senior Fellows of St. John’s College. If any doubt should arise as to the fitness of the candidate between the School election day and the College election day, the College is at liberty to examine again ; and, if it sees reason to do so, to reject him. If no duly qualified persons are found in Merchant Taylors’ School, the electors are to look for Scholars from Christ’s Hospital ; if none can be found there, they are then to elect from any school in London or its suburbs; and if none can be found within these limits, then Scholars may be chosen from any part of England. In a later clause of his Statutes the Founder, out of regard for his family, excepts six out of these forty-three Fellowships for his own kin, so long as they shall be found. But he adds, if no Founder’s kin appear, then “ plenus “ sit et perfectus Londinensium numerus,” that is, to 43 ; “ crescente numero “ consanguineorum minuetur numerus Londinensium,” that is, to 42, 41, 40, 39, 38, 37, but not lower. For most of these preferences the Founder assigns his reasons. For that given to Merchant Taylors’ School, and the other London schools, he states that he was influenced by his affection for London, where he had been educated and had acquired property, and especially for the Court of Merchant Taylors, of which he was a member. For the Tunbridge Fellowship he gives, as a motive, his love for Sir Andrew Judde, Founder of that School. For his ST. JOHN’S COLLEGE. FOUNDATION. Wood’s Colleg:es and Halls, p. 535. p. 538. STATUTES. FELLOWS AND SCHOLARS. Evidence of Dr. Hessey, p. 348, 349. Evidence of Mr. Rew, p. 353. Ibid., p. 353. Ibid., p. 353. 238 OXFORD UNIVERSITY COMMISSION. ST. JOHN’S COLLEGE. Evidence of Dr. Hessey, p. 349. Evidence of Prof. Browne, p. 342. OMMONEES, Evidence of Mr. Rew, p. 3.52. EXHIBITIONS. Evidence of Mr. Rew, p. 353. BIBLE CLERK. Evidence of Mr. Stoddart, p. 355. CHOIR. Evidence of Dr. Hessey, pp. 346, 347. NUMBERS. ADVOWSONS. TUTORS. Evidence of Mr. Stoddart, p. 355. BATTELS. Ibid., p. 356. PRESENT CONDITION OF THE COLLEGE, AS TO OBSERVANCE OF STATUTES. Evidence, p. 352. Evidence, p. 341 . Evidence, p. 346. Evidence, p. 349. MEASURES REQUIRED. Evidence, pp. 7, 354 preference of his own kin, he quotes the usual text from St. Paul, cited by other Founders. , . The Founder’s kin are to become actual Fellows on their election. 1 he others are to be Scholars or Probationary Fellows for the space of three years, at the end of which time, if the President and Fellows are satisfied, they are to be admitted actual Fellows. i, i i-. n Twelve, or at most sixteen. Commoners are to be received by the College, and to share the accommodation of the Fellows. The Visitor is the Bishop of Winchester. “ Besides the Fellowships there are eight Exhibitions (not reckoning a few “ inconsiderable ones) connected with Merchant Taylors , which must be held ‘‘ by independent members of St. John’s, viz., six (Dr. Andrews Civil Law “ Scholarships) of bQl. a-year each for twelve years, provided the Student “ continues in residence and does not take orders, and one (Dr. Stewart s “ Exhibition) of 50/. a-year for eight years, provided the Student continues in “ residence. These seven are in the gift of the Court of the Merchant Taylors “ Company, ‘Avith the assent and consent’ of the President and two Senior “ FelloAVS. The eighth, called the School Exhibition, of about 50/. a-year for “ five years, is in the gift of the President of St. John’s and the Master of the “ School. All eight are given to those boys who are superannuated for “ Scholarships.” There is a Bible Clerk, whose stipend is formed from the union ol two Bible Clerkships. He is elected by examination. . , . . j The funds left by the Founder for the support of the Choir being lound insufficient, the College was discharged by the Visitor from the duty ol taining it. The present choir is of more recent foundation, and is supported by a bequest of Sir William Paddie, M.D., who died in 1634. There Avere in 1851 sixty -three Undergraduates in the College, ol Avhom fifty-four Avere Commoners. The total number ol names on the College books Avas three hundred and forty-five. Thirty benefices are in the gift of the College. There are three Tutors in the College, and (as it would seem) two Lecturers in Logic and Natural Philosophy. The average amount ol battels is about 66/. a-year. In the present day, Ave are informed that the Discipline and Study pre- scribed by the Statutes is, as is usual in other Colleges, set aside. “ 1 have “ never knoAvn,” says Mr. ReAv, “ residence enforced on any Fellows above the “ Deo-ree of B.A. and in 1830 or thereabouts, the inexpediency ol com- “ pelting Bachelors to reside Avas so strongly felt, that on a representation o “ the matter to the Visitor, the non-residence of Bachelors Avas alloAved. ‘ hOAV “ of the FelloAVS,” says Professor Browne, “ are resident, except those who hold “ College offices.” All the FelloAvs but one are bound by Statute to enter into Holy Orders; but “there is no instance, traditionary or recorded, ol any ‘ ol “ ‘ the twelve’ LaAV FelloAvs being obliged to take Orders.” ‘‘ Certain eccle- “ siastical ceremonies,” says Dr. Hessey, “ which are prescribed, are unlawlui “ by Act of Parliament In consequence of the intromission or alteia- “ tion of certain University exercises, it has become inexpedient to retain the “ exact course of subjects, or the exact exercises which the Statutes provide “ . . . . The alteration of national manners and habits has rendered a liteial “ observance of certain original regulations absurd, such as those av ic eiqoin “that the Scholars should walk out tAvo and tAVO together, or t lose w ic “ make a Scholar and FelloAV live in ‘ eodem cubiculo,’ and the lormer in “ return for instruction given him ‘ servire socio in omnibus licitis et honestis. The restrictions and modes of election as usual have been for the most part maintained. But in some important respects they have been limited beyond the intent of the Statutes. The desire which the Founder expresses to embrace in his bounty all tlie schools of the City of London has never been realised. There has never (so at least Dr. Hessey’s words seem to imply) election to St. John’s of any but a Scholar from Merchant laylors School to one of the thirty-seven Fellowships. • + Professor Browne and Mr. Rew speak in strong language against the restric- tion of Fellowships to the Founder’s kin, and to the schools of Coventry, 14risto , - „ ^ , T.. . .1 j thp rnmicxiOll Reading, and Tunbridge. But they express a desire to maintain the connexion REPORT. 239 with Merchant Taylors’ School, on the ground that it is beneficial to that institution, and that the College, principally through the Fellows thus elected obtains its full share of academical honours. Of these Dr. Hessey, the present Head Master of Merchant Taylors’ School, has furnished us with a list ol persons thus distinguished, extending from 1840 to 1851. We have already observed that there is a distinction to be drawn between the connexion of St. John’s College with Merchant Taylors School and that of New College with Winchester. In this respect Sir Thoinas White made some important and beneficial deviations from the example of Wykeham. i he admixture of Fellows elected from other schools, however limited, and the admission of Commoners from all Schools numbering four or five times as many as the Merchant Taylor Undergraduates, dimmish the evils caused by the exclusive predominance of one School. The election of the Fellows from the whole School, opens a wider field than is possessed by the electors ol Win- Still the evils, to which all restrictions give birth, are not removed even by these improvements ; and the transfer of the habits and feelings of a school, tends to produce in St. John’s College the same mischievous results as those to which we have already alluded in our account of New College. We have already stated our recommendations so fully on this head m our general Report on the Colleges, that we need not here repeat them. We have further to recommend that the oath of the President and Fellows should be declared illegal; and that they should be released from the obligation ol per- petual residence, of proceeding to the higher Degrees, of taking Holy Urders, and of observing many other regulations which have long been set aside in practice. ST. JOHN’S COLLEGE. Evidence, pp. 349, 350. Report,' p. 176. 240 OXFORD UNIVERSITY COMMISSION JESUS COLLEGE. FOUNDATION. Wood's Colleges and Halls, p. 569. PECULIARITIES OF THE COLLEGE. Wood's Colleges and Halls, j). 570. Statutes — c. 1. c. 7. c. 19. c. 7. c. 31. c. 1. c. 3. c. C. c. 1‘2. c. 12. c. 16. GENERAL CONDITION OP THE COLLEGE, ACCORDING TO THE STATUTES. c. 2. c. 5. c. G. \ JESUS COLLEGE. This College has given us no information respecting its corporate Revenues. We have received, however, full Evidence from one of the Tutors, Mr. Foulkes, and we have procured a copy of the Statutes and other documents relating to the College from the British Museum, which we have caused to be printed. In 1571, Queen Elizabeth, at the petition of Dr. Hugh Ap-Rice, or Price, granted a Charter for the Foundation of Jesus College, in which there were to be a Principal, eight Fellows, and eight Scholars. These, in the first instance, “ according to Dr. Price’s mind,” were appointed by the Queen herself. It was established “ for the learning of the Sciences, Philosophy, good Arts, and the “ knowledge of the Latin, Greek, and Hebrew languages, for the final profession “ of Sacred Theology.” This Society remained without any Statutes till 1622, when Sir Eubule Thelwall, the Principal, applied to King James I. for a new Charter, by which four Commissioners were appointed to make a Code of Statutes, which still governs the College. In this Code there were special provisions to meet the actual emergencies of the College. The number of Fellows on the original Foundation had dwindled away from eight Fellows down to two or three; and the object of Thelwall was partly to raise the value of the Fellowships, partly to make provisions for the future increase of the Foundation. Sixteen Fellows and sixteen Scholars were appointed ; but it Avas not intended to limit the Foundation to this number. Arrangements were made for the proper distribution of the salaries of previous benefactors. Further benefactions were to be received up to the amount of 600/., or to a larger amount, with the sanction of the Crown, provided that the conditions were not contrary to the Bible, to the laws of the land, to the donations of previous benefactors, or to the Statutes; and the benefactors were to be specially commemorated. One-third of the income was to be set aside for emergencies. If the revenues diminished, the number of the Foundation Avas still to be maintained by Honorary FelloAVS. This Avas the first Protestant College, and in its Statutes the Protestant religion Avas asserted and guarded by many enactments. The Principal and FelloAvs Avere to sAvear that they Avould prefer the authority of Scripture to the judgment of men ; that they would seek the rule and sum of faith only out of the Scriptures ; and that they held the*Royal authority not to be subject to the jurisdiction of foreign Bishops. An elaborate system of services was prescribed. There Avere to be daily prayers betAveen 5 and 6 a.m., at which all were required to be present, under pain of fines or whipping. From these penalties none but Graduates in Divinity were exempt. These two services were not to consist of the Liturgical forms, but a short form peculiarly adapted to the use of the College Avas to be used. There Avas also to be a service, apparently from the Liturgy, on Sundays and Festivals, betAveen 8 a.m. and 9 a.m., and betAveen 4 p.M. and 5 p.m., under the same penalties, and one daily at 9 p.m., at which all Avere to attend, under pain of fines, discommoning, and expulsion. All members of the College Avere to accompany the Principal or Vice-Principal to the University sermons and University prayers. All Bachelors of Arts and Undergraduates Avere enjoined to say the Lord’s Prayer and the second Collect every morning, and a special Collect every evening. Particular forms of grace at meals Avere also provided. Explanations of the Catechism or of the Thirty-nine Articles were to be delivered in English every Thursday at 6 a.m. in Chapel. The general regulations bear a strong resemblance to those of Noav College and Brasenose. The Principal must be at least of the Degree of M.A., thirty years of age, of good character and knoAvledge, and unmarried. 1 here is no provision for his being in Holy Orders. The FelloAAS, at the time of their election, must be betAveen seventeen and tAventy-six, and must take Priests Orders in seven years from the Degree of M.A. If a fit man (idoneus) Avas found amongst the Scholars of the College he was to be elected; if not, any M.A. or B.A. chosen from the most apt and able REPORT. 241 C. 20. c. 30. c. 4. ill knowledge and conduct who could be found in the College or the University. -^Rsus toi.lege. No mention was made of birthplace or parentage, but the electors were enjoined statutes— to have re^^ard to the ordinances of benefactors who had endowed Fellowships i:- 6. or Scholarships. The Fellows were not to have more than 10/. at the time of their election. They Avere to receive 20/. yearly. There is a special ordinance ao-ainst dividing the fines amongst the Fellows, or exacting them too severely. Fellowships Avere to be vacated by property above 10/. a year, unless it arose from academical sources, by absence from England Avithout permission, by marriao-e, by absence of sixty days Avithout special cause, or by grave moral offencel ’ The Principal might have property of any amount compatible Avith a discharge of his statutable duties. He was to receive 40/. yearly . The Scholars Avere to receive 10/. yearly, with liveries to he given four tinies a year, i he Principal was empoAvered to receive “ Commoners,” Avho (so lar as Ave are able to ascertain) are first mentioned in the Statutes of this College. These Com- moners were to be admitted to dine at the table of the Principal, the 4 ellows, or the Scholars, paying respectively the Aveekly sums of 5s., of 3s. AcL, and of 2s. They Avere each to have one of the Fellows or Scholars as their Guardian or Tutor, Avho was to he surety for them. Poor Scholars, under the name of “ Battellers,” were to be admitted on the payment of caution money. All Under- o-raduates above the age of sixteen Avere to SAvear obedience to the Statutes. I’he officers Avere to be Vice-Principal, Bursar, and Preelectors of Philosophy and Logic ; each of these Avas to receive forty shillings a year. The cook, the butler, and the porter were to be unmarried. , i i ^ rp, The studies of the College Avere to be conducted by the Praelectore. 1 he Censor of Philosophy Avas to lecture thrice a Aveek at 7 a.m. on the Physical Avorks of Aristotle; the Prailector of Logic on the Logical Avorks of Aristotle at 6 A.M. Daily Disputations were to take place in Hall at 10 a.m. 3 .nd 4 p.m. Bachelors of Arts Avere to declaim and dispute, after supper, on pain ol fine or whippino- ; Bachelors of Divinity and Masters of Arts to dispute once a fortnight from 6 to 8 a.m., and at these disputations all Undergraduates Avere to be present on pain of fines or Avhipping. ^ , -r. m i 4. The Principal Avas never, except with permission of theFelloAvs, to be absent for more than one month in Term, or three months in the Long Vacation ; the FelloAVS, except Avith permission of the Principal, never for more than two months in the year, or forty days in the Long Vacation. The regulations for enlorcing order and study are nearly the same in these Statutes as those of Brasem^e. In both Colleges fines Avere imposed for breaches of the peace amongst the 1 elloAvs by bloAvs Avith fist, hand, foot, or stick, Avith or Avithout bloodshed ; and, in cases of doubtful accusations, compurgation Avas alloAved ; games at cards (except on Christmas-day), tallies and dice, dogs, birds, musical instruments, and arms offensive or defensive Avere forbidden. The ancient provision is still made 101 leprous Fellows. The Bible was to be read in Hall at dinner. No one was to loiter in Hall, or Avalk about in College, under pain of fine or Avhipping. All Bachelors of Arts Avere to speak Latin, Greek, or (Avhich is peculiar to this College) I-IebreAV, Avithin the College precincts. All Undergraduates Avere to go bareheaded in the presence of the College officers ; long hair and cloaks were forbidden. The FelloAVS and Scholars are enjoined in University elections to prefer a Candidate of their own College, and one who is a Fellow to one Avho is not. .,1 i r The Visitor Avas to be the then Chancellor of the Umversity, the Earl oi Pembroke, and after him his heirs male in after times, or (in case of their illness, crime, or minority) the Lord Chancellor. His poAvers are not defined, but t ley are limited by the oath of the Principal. The Principal is SAVorn “inviolably “ to observe all and singular of these Statutes, according to theii plain, ’ “ and grammatical sense, to obey interpretations on doubtful points y t le “Visitor, and never to obtain a dispensation against his aforesaid oaths, or “against the Statutes of the College.” After this follows an oath t^at he is not and Avill not be married. With exception ol this last oath, and AVith he addition that “ if any dispensation be obtained or offered, under whosesoevei “ authority, or under Avhatever form of words it be granted, they Avill m nowise “ use it,” the oath of the FelloAVs resembles that ol the Principal. The Benefactions to the College appear to have been as folloAA'S. A Fellowship for the kindred of Dr. Lloyd, “ and no other,” Avas founded in 1586 , two or I the kindred of Dr. Westphaling, 1602; two for the Schools ol ^angoi and and Hails,] c. 25. c. 25, 31, c. 26. c. 17. c. 27. c. 34. c. 3. Ki:-- 1; i! Ill; c. 6. BENEFACTIONS TO THE COLLEGE. Wood's Colleges ). 572. 242 OXFORD UNIVERSITY COMMISSION. JESUS COLLEGE. Wood’s Colleg-es and Halls, p. 573. Evidence ol Mr. Foulkes, p. 359. Ibid. p. 359, 360. Ibid, p 359. PRESENT CONDITION OF THE COLLEGE. 4 Jac. II. Evidence, p. 359. Ibid. p. 361. Ibid. p. 359. Ibid. p. 361. Beaumaris, witli a preference to the kindred of Dr. Rowlands, 1609 ; one tor the kindred of Owen Wood ; two Scholarships for natives of Carmarthenshire, 1616 ; one Scholarship for natives of the diocese of St. Asaph, with a preference to the kindred of Dr. Parry, 1622. These were all that existed at the time of the new Charter, so that at that period only eight out ot the sixteen Fellow- ships were confined, and that not so much to localities as to kindled. In 16 l 3 a Fellowship was founded and confined hy Act ol Parliament to natives of Abcr^civcnnyj Avitli prcicrciiCG to tliG kindrGcl of Ricliard tip David ap IIowgII Vaughan; in 1625, one Fellowship for a native of Wales, to he nominated by the heirs of Owen Lloyd; in 1629, one Scholarship and one Fellowship for natives of Denbighshire and Carmarthenshire; in 1629, one open Fellowship; in 1630, two Fellowships and two Scholarships for natives of Glamorganshire, Brecknockshire, and Radnorshire; one Fellowship, about the same time, by King Charles I. for natives of the Channel Islands; one for the natives of Cardiganshire, Carmarthenshire, and Pembrokeshire; two, in 1648, lor the kindred of G Wynne, or natives of Anglesea ; two, in 1661, for persons expert m the Welsh language. r ■ The Avhole arrangement of these Foundations was set on a new looting in 1685, by the will of Sir Leoline Jenkyns, who, besides adding considerable endowments to the College, set forth a scheme “ to show to what dioceses, “ county, toAvn, place, or family, each hy the disposition of the lespective ‘‘ Founders doth or ought of right to belong ; and in case there he any ol these “ places that are not already so asserted and fixed by the particular donors, then “ to set forth how and to what dioceses, counties, and places they may by the “ King’s Majesty’s authority as Royal Founder, succeeding in the right ol our “ first foundress Queen Elizabeth, of famous memory, be asserted and appro- “ priated (in their judgments) with strict regard to the dispositions ol the “ particular benefactors respectively, and with most advantage to the peace ol “ the said College.” This scheme was drawn out by way of indenture m 168o between the College on the one hand, and the executors of Sir Leoline Jenkyns on the other, and confirmed by Letters Patent of King James IL, u])on this scheme that the present Foundations rest. He added two new Fellows, who were to be elected from Cowbridge School, and to be employed in preaching the Gospel in the Colonies, and to he excepted from the observance ol the Statutes. The result of this arrangement is that all the Fellowships, Scholarships, and Exhibitions are confined. One Fellowship and two Scholarships are confined to England; one Fellowship to Jersey and Guernsey; one to North and South Wales alternately ; two Fellowships and two Scholarships to Cowbridge School (of which the Fellowships are appropriated by Statute to missionaries) ; seven Fellowships and Scholarships to North Wales, and seven Fellowships and Scholarships to South Wales, of which some are more closely confined tlian others to dioceses, schools, towns, and families. rn d • • i We now proceed to describe the present state of the College. I he Principal and Fellows, besides the old statutable maintenance allotted to them ol -Oi and 10/. a year respectively, divide between them the surplus of the whole estate of Sir Leoline Jenkyns (after all other charges have been deducted), ivlnch is understood to be very considerable. Ihis division is made m vntue o a eci ee of the Court of Chancery, given by Lord Chancellor Jeffreys. This decree appears to be inconsistent as well with the Statutes, as with the VV ill ol ii Leoline Jenkyns, which directs that the Scholars shall have a stipend amounting to half the stipend of the Fellows. This may be seen m a Resolution ol the Society, which we have procured from the British Museum, and caused to be printed amongst the documents relating to this College. I he Scholars, how- ever, share what is called residence money with the Fel^ws. The Principal is now married. “ It was,” says Mr. Foulkes, the position “ of the oath doubtless that gave colour to the idea that it might be left open » to future dispensation— and accordingly on the election ol Dr. Hoare to me “ Headship, the Visitor, Lord Pembroke, decreed that it might be omitted at “ his admission, and that of all future Principals. deciee what is expressly laid down as one of the statutable qualifications lor tne Head- ship. The Fellows are not allowed to marry, but there is nothing in the Statutes to hinder the election of a married man. The cook, porter, and butler, who are required to be single, have obtained the same dispensatioi , though not by the same authority as the Principal. The disqualifying estate REPORT. 243 now raised by the Visitor's decrees from 10«. to lOOi in landed property. The Jesus^llege. Fellows are not obliged to proceed to the higher degrees of D D. Leave of Evidence, p. 358 . absence is little more than a mere form, and absence may be had, if required, for life. Eleven Fellows are now non-resident. Two, hovyever, are by the reo-ulations of their peculiar Foundation, forbidden to r^ide. Disputations have ceased. The Statutes are not publicly read. The Chapel services are now performed twice a-day ; and attendance at them, and at the Univeisity sermons, has ceased to be rigidly enforced. . , . .1 Some changes have been effected in the College since the imposition ol le Statutes by the will of Sir Leoline Jenkyns. The resources ol the College were for the first time made worthy of the original foundation, and the pro- visional character of the institution so strongly marked in the Statutes, came to an end ; but on the other hand, the whole College was placed henceforwai;d in the anomalous condition of being subject to the regulations of one code, and yet continuino- to be sworn solemnly and emphatically to the oliservance ol anothei. The numbev of Fellows is now nineteen; the number of Scholars eighteen numbers. In 1851 there were forty Undergraduate Commoners. The total number ol names on the College books was one hundred and fifty-one. There have been no Battellers in the College for about fifty years. vi ence, p. There are now three Bible Clerks. 1 i. There are three Tutors, and a Mathematical assistant Tutor, and a Cate- tutoks. '’’at'Battds''of the Commoners (including tuition and all other College dues) b™ range between 50/. and 80/. a year. A^full statement of the economical arrange- ments of the College is given in the Evidence. advowsons. There are twenty Benefices in the gilt of the College. Witli reo-ard to the general condition of the College, the same principle must recommendations. be applied^as in other cases, and here with less difficulty than in most cases, as the existing Statutes emanated from Royal Commissioners. i We are of opinion that the oaths of the President and Fellows should be ^ That the President should be permitted to marry; that the President and Fellows should be permitted to divide the fines ; that they should be reffiased from the obligation to take Orders, from that of proceeding to the highei Degrees, from the necessity of vacating their Fellowships on coming into pos- session of 10/. a-year, as also from that of speaking Latin, Greek, or Hebiew, from that of perpetual residence, and from many other obsolete observances. We are further of opinion that the connexion between the Scholarships and Fellowships should be severed; that the Scholarships and Exhibitions shou be tenable for five years ; and that the College should be empowered to suppress five Fellowships for increasing the number, and if they do not now amount to 50/. per annum, the value of the Scholarships. The local restrictions of this College are in some respects peculiar. 1 he result of the numerous limitations of the Benefactions before and since the Sta- tutes were imposed, has been the almost entire closing of a ® on the face of its Statutes presents no restrictions whatever. Whether the original Founder had any intention of confining his College to Wales is difficult to ascertain. No such intention is expressed in the Charter granted at his request by Queen Elizabeth; and of the eight Fellows and eight Scholais appointed in the first instance by that Sovereign tvvo certainly Wood's Coile'•*• :,;» 1 I’iiri ■ *'•'■ ■ » A • » ^ ■ t* .« :'!^^ ■ ; ■'»'•• \l< ' T • ‘(fi <1 ' ■ 'iU •W'/ii. .Jd**'/'**^ * ' ■ ' • > .. - . - . , ... ^ .,., 1 . ^ . '. /4 to^iSitodK-' -I- . - 'IH. 1 hiW.>) •«»«I '|'.1 u»' IH»>(|'«I'»*'I "Tl# : ''I' f a'fii »■ ^3 , ’l<»>lQKv<>t'j>H »Vv' V.' I, ♦/*'**"•* ■ '* ■ ■ M )>■ '!/■' IV* ,Ar.?VT'*Ti’» r. V «.(*)« V'^*oiin''{, I . - -fr ' ‘ . . j j . '. ,Jf>’,>Vt*‘T^» '’■ K' -*!'■ - ■■ '■■'> • ,»wp »''-'#*ii(^ •i*ti - !♦' "i 4 ' e#^ r- “ \ -> 4 .+r-H J|^'' 4 |U»in' 4 li^ ' '-f '*': 4 ' t<* Jjii:W‘*|-' . U.'lil^j^/tf ,4 ■ a4 ^ (l¥** Pv.' :(- i) ft: ,. , n .^[^y , t & m :ii r 1 ] STATEMENT OF MR. GOLDWIN SMITH ON THE COLLEGES AND HALLS OF OXFORD. STATEMENT ON COLLEGES AND HALLS. \_See Reporty p. 129.] The Halls (Aulae) were houses in which Students lived, under a Master in Arts or Doctor in one of the Faculties, who was their dutor. Their code ol discipline and their system of study was tliat ol the Llniveisity. Anteiioi to the passing of the Laudian statutes, or the establishment of the custom Avhich they ratified, any Master or Doctor was jiermitted to open a Hall. It is stated by Wood that as many as 300 of these Halls existed in Oxford in the reign of King Edward I. Some, but, it is believed, not a large proportion, were endowed. i i i Five Halls alone now remain, and all endowed ; the estate, Avhicli in the case of New Inn Hall is lielieved to consist only of the Hall itsell, being held in trust liy the University. They may be considered as minor Colleges, without Fellowships. St. Mary Hall and Magdalen Hall have Scholarships or Exhibitions. The Headship of St. Mary Hall, Magdalen Hall, New Inn Hall, and Alban Hall, are in the gift of the Chancellor of the University. The Headship of St. Edmund Hall is in the gift of Queen’s College, and is passed down the list of Fellows, like a living. The Halls are nominally governed by the Aularian statutes, established, with the rest ol tlie Laudian Statutes, in 1636, and revised in 1835. It is, however, stated by the Principal of Magdalen HalHii his evidence, that these statutes, even as revised, have become a dead letter. The Colleges of Oxford were founded at various periods, from the end of the thirteenth century to the beginning of the eighteenth. Fourteen of the nineteen, including Christ-Church, were founded by Roman Catholics, though in some cases additional Fellowships, and more frequently Scholarships and Exhibitions, have been given to Roman Catholic foundations by Protestant benefactors. Too much stress has probably been laid on this connexion. In most instances there is nothing to show that the founders ol Roman Catholic Colleges would not have changed with the main body of the Church of England at the Reformation. Merton College produced some of the early reformers ; among others, W^ycliffe. The Fellows ol Colleges were all by statute seculars, and some antagonism appears to have subsisted between them and the regulars, who were the most strenuous supporters of the Papacy. On the other hand, Rotheram, the second founder of Lincoln College, has expressed in the most violent terms his antipathy to the Wycliffites, and has declared the College to be founded for the suppression of their heresies. Bishop Smith, one ol the founders of Brasenose, was a persecutor of the Reformers ; and his Statutes, contrary to those of other Roman Catholic founders, prescribe devotions ol a peculiarly Roman Catholic character. Wolsey was an enemy of the Reforma- tion, though a patron of the learning which contributed to its success. And it can hardly be doubted that Sir Thomas Pope and Sir Thomas White, who founded Trinity and St. John’s Colleges, in the reign of Philip and Mary, and under charters from those sovereigns, would have disapproved the appropria- tion of their foundations to the purposes of the hostile sect. It is to be observed, also, that the transfer of the Colleges from the old to the new faith was not accomplished without the forcible ejection of many Heads and Fellows who adhered to the religion of their founders. All the Colleges except Worcester (and Hertford College — now suppressed) were founded before the imposition of the Caroline Statutes, the effect of which was to confine the University to the Colleges and the few remaining Halls. It was not till after the foundation of the last College that the old system of Arts and Faculties, with the long period of residence which it required, ceased to be the recognised system of the Universities. In theory, indeed, its existence cannot be said to have ceased till the Examination Statute of 1801 was passed; and its forms remain at the present day. The specific object of the Colleges, as gathered from their Statutes, appears 2 N 2 OXFORD UNIVERSITY COMMISSION. STATEMENT ON COLLEGES AND HALLS. to liave ])eeii the maintenance of societies of Students, under a regular govern- ment and with a regular rule of life and study. They may be viewed historically in connexion with tlie Halls,* with the Monasteries, and establishments for the education of Regulars which subsisted by their side in Oxford, and with those benefactions of great men and prelates to poor Scholars which are of frequent occurrence in the early history of the University, and from which University and Balliol Colleges arose. The first regular College, and the type of all the rest, both at Oxford and Cambridge, was Merton. This is described in the Charter of Refoundation as being founded “ for the constant support of Scholars residing in the schools of “ Oxford or elsewhere where a University exists, and for the support of three “ or four Ministers of the altar of Christ, who are to reside therein.” The persons so described are the Fellows of Merton and their Chaplains. The founder of New College, which also marks an important epoch in the history of the Colleges, describes his foundation as “ a College of poor and “ indigent Scholar Clerks in the school (studium) of the University of Oxford, “ who are bound to study and make progress in divers Sciences and Faculties.” Jesus College, subsequent to the Reformation, is in the opening of the Statutes ordered to consist of a Principal, sixteen Fellows, and sixteen Scholars, “ Avho “ are all hound to apply themselves to the study of philosophy and theology “ according to the ordinances of the Statutes.” The increase of Divine Avorship, by the celebration of solemn services and processions, appears to have been an important collateral object Avith some of the Roman Catholic founders; and NeAv College, Magdalen, Christ Church, and St. John’s Avere furnished Avith choirs for that purpose. In other Colleges, hoAvever, especially the earliest, attendance at Divine service appears to have been only enjoined as a part of the rule of life. Some Colleges, as Balliol and Exeter, Avere originally Avithout domestic chapels, their members resorting for mass to a neighbouring parish church. The Scholars of Merton used the adjoining church of St. John the Baptist, and those ol Oriel the church of St. Mary. The celebration of prayers and masses for the souls of founders and benefactors Avas, no doubt, an important though subordinate object Avith the Roman Catholic founders ; and a multiplicity of such prayers and masses is sometimes prescribed by the Statutes ; but it noAAdiere appears that this Avas the chief object of the foundation. At Merton it is entirely omitted. A passage in the preamble of the Statutes of All Souls declares that College to have been founded as a chantry rather than for literary objects. Its Statutes generally are, hoAvever, nearly the same as those of NeAv College, Magdalen, Corpus, and other foundations of the same class ; and it must have been spared as a literary institution at the Reformation, when chantries were sup- pressed. Christ-Church, as refounded by Henry VHI., united the objects and consti- tution of a Cathedral Avith those of a College. Ail persons on the foundations of Colleges previous to the Reformation Avere Clerici. The same title appears to have been applied to all Students at the University, and even to the boys at public schools. But, besides this, the founders of NeAV College and All Souls have expressed a specific intention to increase and improve the clerical order, the decay of which they both lament. The injunctions to take Priests’ orders, from Avhich the clerical character of the Colleges at the present day arises, Avill be mentioned beloAV. In all the foundations there Avere a Head, under the various names of Warden, Master, Provost, Rector, President, or Principal, and a certain number of Students, generally called Socii, but, in the Statutes of the earlier Colleges, Scholares, and at Christ-Church Studentes. At Merton there Avere certain children of the Founder’s kindred to be main- .tained and educated by the College. At Balliol a poor youth Avas attached, in a menial capacity, to each of the FelloAvs. At Queens, a number of poor boys, in proportion to the number of the FelloAvs, Avere appointed by the Statutes to be maintained : they Avaited on the Fellows, and at the same time received their oAvn education, for Avhich a master was provided. From the foundation of Magdalen doAViiAvards it became the custom of Founders to add Ji Some of the earlier Colleges, as University, Oriel, Balliol, Queen’s, were called Aul®.^. MR GOLDWIN SMITH’S STATEMENT. 3 to the Fellowsliips, which were generally tenable only l^y Graduates, and sul)- ordinate foundations open to Undergraduates. These junior Members were called at Magdalen Semicommunarii or Demyes; at other Colleges, Scholares, the generic name of all Students. The Demyshi])s of Magdalen were wholly unconnected with the Fellowships ; hut the Scholarships in Colleges later than Magdalen were connected with the Fellowships, and apparently intended as nurseries of Fellows. The Postmasters (Portionistae) of Merton were a later foundation, and were at first lodged in a separate Hall, under one of the Fellows of the College, who was called Principal of the Postmasters ; l3ut they were ultimately received into the College, and placed on the footing of Scholars. The Avhole of these Undergraduate Members of foundations, including the poor Scholars of Balliol, the poor boys, now called Taberdars, of Queen’s, the Postmasters of Merton, and the Demyes of Magdalen, together with the Scholarships which have been founded either 1iy benefactors, or by the Colleges themselves, as at Oriel, Exeter, Lincoln, and University, have no^v been placed nearly on the same footing, and are known by the general name of Scholars. The Scholars were Members of the foundation, but they were excluded from the administration of the College property and business, and from the elections. The Statutes of Brasenose permit the College to receive the sons of noblemen and gentlemen, in number not exceeding six. The last statutes of Balliol pro- vide for the admission of Extranei, Avho, as they are preferred to the Fellows in the assignment of rooms, were probably also persons of rank and property, answering to the Gentleman-Commoners of the present day. At Jesus provision is made for the admission of Coinmunarii sive Batellarii. In the Statutes of Pembroke, also, there is a section, Pe Commensal ibus sen Conimunariis. These independent Members, however, seem novvhere to have been regarded by the Founders as an important part of the College. Even at Pembroke tliey are termed “ hospites et advence,” in the Statute relating to them. The Scholars and sons of noblemen and gentlemen at Brasenose were required by the Statutes to have the Principal or some Fellow of the College as their “ Tutor C to “answer for their expenses and fines.” There is a similar provision in the case of the Commoners at Jesus and Pembroke. This describes the original office of the College Tutors, which was quite distinct from the office of instruction discharged, where it was discharged at all, by the Praelectors. The choirs of Christ-Church, New College, Magdalen, and St. John’s have been mentioned. Every College had a Chaplain or Chaplains, who were sometimes Fellows, sometimes distinct Officers, and elected under different conditions. Bible Clerks, to read the Bible in Hall, and College servants, such as porters, manciples, cooks, barbers, &c., formed in some cases a part of the original foundations. All Souls, where there are none but the Warden and Fellows, with Chaplains and Bible Clerks, and New College and Magdalen, which admit only Gentleman-Commoners besides the Members of the foundation, answer in the present day to the original idea of a College as presented by the Statutes of the mediseval Founders. The rule of study was — 1. An application to the old University system, or a certain portion of it. This system consisted, firstly, of a course of general study called Arts, and sometimes in the Statutes “ Philosophy,” divided into two periods which were marked by the degrees of Bachelor and Master ; secondly, of the three Faculties of Theology, Law (civil and canon), and Medicine ; each of which, like Arts, was divided into two periods, marked by the degrees of Bachelor and Doctor. Arts occupied seven years. Theology twelve. Law and Medicine six each, after taking the highest degree in Arts ; so that the whole University course occupied thirteen or nineteen years. The Fellow was generally required by Statute, and, it is believed, everywhere expected, after completing his course in Arts, to proceed in one of the Faculties, and in the great majority of instances in the Faculty of Theology ; a few exceptions were made in favour of Law, and a still smaller number in favour of Medicine. 2. A system of College Exercises. These are unknown to the Statutes of some of the earliest Colleges. They appear at Queen’s, and assume consider- able importance at New College and in the subsequent foundations. They 2 N 2 STATEMENT ON COLLEGES AND HALLS. STATEMENT ON COLLEGES AND HALLS. OXFORD UNIVERSITY COMMISSION. consisted of disputations performed in tlie Collej 2 ;e hall a certain number of times each week in the then subjects of x\cademical study by the Students ot the respective subjects, who were bound to appearand take part under penalties. These exercises Mere analogous, and, probably, prej)aratory to those pei- formed in the public scliools ot the University ; and in some instances Deans, analogous to the University Deans of Arts and Faculties, Mere appointed to preside over them. rm j c To study, not to teach, Mas the business of the FelloM^s. The founder ot Queen’s College has even expressly stated that he intends his benefaction to relieve his Fellows from the necessity ol teaching. At New College, however, the sum of 100 shillings yearly was ordered by the Statutes to be paid to certain of the Senior Fellows who M^ere to be appointed triennially to instruct the Juniors; and in some of the later Colleges, Lecturers Mere established by the Founders. At Magdalen and Corpus, tliree of the Fellowships were united to Preelectorships, the holders of ndiich M^ere to lecture, both privately to the Members of the College, and publicly to all Members of the University, it M’as the intention of Moisey to found at Christ-Church Preelectorships ol the same nature. . i i t +i The rule of life was in tin earliest Colleges comparatively simple. the Statutes of New College it assumed a more elaborate lorm, Mdiich was adopted, Avith modifications, by subsequent Roman Catholic Founders. In its simplei form, at Merton, it included common meals, during which the Bible was to be read and silence kept, the use of the Latin tongue, uniformity in dress, strict obedience to the Head and College Officers, terminal scrutinies for the purpose of inquiring into the life, morals, and progress in studies of all the MembCTS of the College, and a system of surveillance to be exercised by the Senioi Fellows over the Juniors. At New College it extended to very minute par- ticulars regarding behaviour, manners, and dress, dictated the private prayers of the Fellows, forbade them to go out of the College Avithout a companion, and established a system of secret denunciation. Provisions are also found against the admission of Avomen, and against entering the houses of “ laymen, that is, inhabitants of the town avIio Avere not Members of the University. In the most recent Colleges many of these provisions disappear, but tlie rule ot life still retains some features of a monastic or mediaeval character. Regular attendance at the services of the Church Avas required of ail Members of the College, as Avell by Protestant as by Roman Catholic Founders ; and by some Roman Catholic Founders, as those of NeAV College, Magdalen, All Souls, and Corpus, a number of special services and processions were prescribed. _ , wi „ Residence Avas in all cases required. At Merton it Avas ordered that a rateable deduction should be made from the stipend of all parties avIio stayed aAvay from the schools, except on the business of the College. In other instances the number of days during which the Fellow or Scholar might be absent m the year Avas limited, a poAver being reserved to the Head, either alone or m coni unction with other Officers, of giving extra leave of absence on extraordinary occasions. The number of Fellows avIio may be absent at the same time Avas sometimes limited. ^ , ■ i. i The principal emoluments of a FelloAV or Scholar consisted of a hxed sum, paid annually or Aveekly, for their maintenance, and frequently termed in the Statutes their comnmnicB or commons. In addition to this there Avas sometimes an annual dole of cloth for garment, and occasionally a small yearly gratuity in addition to the commons. At All Souls there Avas a loan fund for the benefit of the Fellows ; and at New College, an allowance lor the payment of fees on taking degrees, Avhen the Fellow Avas too poor to pay tlirai himself, and had no friend Avho could assist him. Each Member of the College, of course, enjoyed the use of the College hall and library, and the attendance of the College servants, as well as a chamber, or, m the mediaival Colleges, a share of a chamber. No annual division of surplus receipts, Avhether arising from fines or other sources, among the FelloAvs, seems to be contemplated by the Statutes. An exception occurs in the case of^ the lesdale and WightAvick foundation at Pembroke, where, however, it is limited by an injunction to increase the number of the Fellowships when the estate permits 1 he number of FelloAvs Avas also ordered to increase Avith the estate at Meiton, (Jiief, Exeter, and Queen’s. MK. GOLDWIN SMITH’S STATEMENT. 5 The qualifications of a person to be elected Fellow, as they are variously halls. laid down, must be sought in the different Statutes. As much stress was generally laid on moral and social as on intellectual qualities, and the intel- lectual qualities required were usually rather those of a student than of a Teacher or a learned man. Candidates for Fellowships at New College were required to undergo an examination ; but in general no examination was enjoined by Statute. A period of probation, varying from six months to two years, was generally employed to test the qualifications of the Fellow elect. During this period he enjoyed the emoluments, but exercised none of the powers of a Fellow, and commonly bore the name of Scholaris, that of Socius being appropriated to the actual Fellow. i i • Poverty was also so much insisted on as a (qualification for a h ellowship, that the Colleges may be said to have been eleemosynary as well as literary and ecclesiastical foundations. In some cases the Fellow elect was required to swear that he did not possess above a certain amount of property. In others the Fellowship was limited to pauperes, pauperes et indirjentes, pauperes in facultatibus. The limitation at Merton is to indigentes ; and Archbishop Peck- ham, Visitor of the College, fourteen years after the date of the Statutes says, “ Moreover in receiving Scholars ye seem in various ways to attempt to over- “ throw the sacred purpose of your h ounder. In the first place, in that ye “ ought only to receive the indigent, as is shown in the eleventh (thirteenth ?) ‘‘chapter of the Regulations, whence it appears that ye have no libeity to “ receive such as have sufficient to provide for their necessities, eithei with “ their own means or at the expense of their parents, or sucli as are employed “ in any business or occupy any situation which brings them a competence. Ordinances of Archbishop Peck! lain, c. 12. The Statutes also provide that FelloAvships shall be forfeited on accession to a certain amount of property, or a benefice of a certain value. Celibacy was expressly imposed on the Fellows of most Colleges. At some, as Merton, Balliol, Queen's, Oriel, Lincoln, it was not expressly imposed ; but at Balliol, Queen’s, and Lincoln, where all the Fellow^s were required to take orders, it was imposed by implication, and in all cases it would be practically enforced by the rule of life and the obligation of residence. The Heads w^ere generally required to be in Priests orders, and where this was the case they would be thereby bound to celibacy ; in other cases the hindrances to marriage, arising from the rule of life and residence in College chambers, would be as strong in their case as in that of the Fellows. The Heads of Jesus and Wadham Colleges, which were founded after the Reformation, were forbidden by their Statutes to marry. i • i i Almost all the Fellowships were confined by restrictions of birthplace, school, or family, or by limitations to the Scholars on the foundation. Some of the Scholarships were in like manner confined to certain localities or schools. The Fellows of All Souls were required to be between the age of 17 and 26 ; and restrictions of age were common in the case of Scholarships. Restrictions as to University standing were also not uncommon. The great majority of the Fellows were required to take Priests’ orders uithin a certain period after their election. The Chaplain-Fellows nvere required to be in orders at the time of their election. Piovisions a.ie found in some of the Statutes forbidding the Priest-Fellows to celebiate mass excepc in the College chapel. n/r- i i In some of the later foundations, as at Wadham, Worcester, and the Michel foundation at Queen’s, the Fellowships were terminable. Each College ivas governed and its property administered by a Head, who was assisted in government by Deans or Censors, and in the administration of the property by Bursars or Treasurers. He was represented when absent, and in some instances assisted when present, by a Vicegerent. Tlie Head was elected by the Fellows, or by a seniority of them, and they were generally confined in the election to those who were or had been Members of their own body. He was confirmed by the Visitor. His qualifica- tions were suitalile to his office, and he was generally required to be above 30 years of age, and in Priest’s orders. The Fellows were elected by the Head and Fellows, or by a seniority. The Scholars were elected by the Head and Fellows, or by a Board of College Officers, as at Magdalen. 6 OXFORD UNIVERSITY COMMISSION. STATEMENT ON COLLEGES AND HALLS. Each College, except Balliol and the Colleges of Royal Foundation, had a Visitor nominated by the Founder, whose duty was — 1. to hear appeals and interpret the Statutes; 2. to visit at certain periods, either in person or by commission, for the purpose of inspection and relbrmation. The second power was not always conferred by Statute. In the earlier Colleges, each Fellow, on his admission, took a simple though unqualified oath of obedience to the Statutes. The Founder of New College introduced a long and elaborate form, by which the Fellow not only bound himself to observe the Statutes literally and grammatically, and resist any alteration in tliem, but also to perform all his various duties as a Fellow towards tlie College and its authorities. This form of oath was adopted, w ith modifications, l)y subsequent Roman Catholic Founders, the Founder of Magdalen adding a solemn adjuration, and the Founder of Corpus a pecuniary bond. The Statutes Avere to be read aloud annually or terminally to all the members of the foundation. A power of making iieAV rules subordinate to the Statutes Avas sometimes given to the College or its authorities, but no poAver of altering or repealing the original Statutes Avas anyAvhere reserved either to the College, the Visitor, or any other person : and in some important instances such a poAver Avas expressly denied as Avell to the Visitor as to the College. All appeal, except to the Visitor, and all legal remedy against the College, Avas expressly denied to tlie Members of the College by the Statutes ; and a renunciation of such remedy Avas sometimes included in the admission oath. The Statutes are silent as to tlie relation Avhich the Founders expected their Colleges to bear to the University. A strong College feeling Avas commonly encouraged : and in some instances, as at Brasenose, the FelloAvs Avere bound to vote together in the election of University Officers ; an obligation clearly inconsistent Avith any strong feeling of duty toAvards the University. Tlie Colleges have noAv become the University, and have absorbed all the I'unctions of that institution, both educational and literary. Its Students must all be Members of one of these Societies. Their Heads furnish its Vice- Chancellors, and form its Board of Executive Governors: their Fellows are its Teachers, its Examiners, its Proctors, its learned men, and its ordinary Legislature. The only elements of the University external to the Colleges are the staff of Professors and the five surviving Halls. And as regards even these, it is to be remarked, that most of the Professors are elected by the Members, and, to a great extent, by the Heads and Fellows of Colleges; and both they and the Heads and Tutors of the Halls are for the most part Ex-FelloAvs. Tavo of the Halls, St. Mary and NeAv .Iim Flail, are, to a considerable extent, tenanted by Undergraduates Avho have left Colleges Avith a “ hene discessit,” or “ liceat migrare.” All the Colleges except All Souls, NeAV College, and Magdalen have been opened for the reception of Commoners, Avho, in most instances, form the most numerous portion of the College. The function of teaching has Ijeen superadded to the statutable duties of a Tutor; and Tutorships, limited in number, have been established in all the Colleges. The Tutors are nominated solely by the Head, and are almost invariably chosen from the number of the FelloAvs. There are a Icav excep- tions, principally in the case of persons Avho, having been appointed as FelloAvs, liave retained their Tutorship after the expiration of their FelloAvship. Where College Lectureships Avere instituted by the Statutes, they have, it is believed, been generally combined Avith the Tutorships. One of the three Pi’cBlectorships at Corpus, and tAVO of the three at Magdalen, appear to have become extinct ; and the remaining Pra3lectors in those Colleges have ceased to lecture to the FTniversity. The rule of study imposed by the Statutes, as regards the Graduate Fellows, has, Avitli the change of the University system, become Avholly obsolete. The Degrees enjoined by the Statutes are still taken; but those in Theology and LaAv, as Avell as that of Master in Arts, have long since degenerated into a lorm. The Degree in Medicine alone retains anything of reality. The rule of life, as regards the Graduate FelloAvs, lias also ceased to be observed. Its only remnant consists in the use, Avhich is no longer obligatory, of a common Hall, and the retention of a feAv old customs. MR. GOLDWIN SMITH’S STATEMENT. 7 The Graduate Fellows have become entirely emancipated from all discipline and from the superintendence of the College Officers. They form the govern- ing, and, as they supply the Tutors, the educating body of the College, Avhile the Undergraduates form the governing and educated body. Residence, in the case of actual Fellows not holding College offices, is in all cases entirely dispensed with. The prayers and masses for the souls of deceased Founders and Benefactors, enjoined by the Statutes, ceased to be performed at the period of the Reforma- tion. The commemorations of Founders and Benefactors, appointed by the Statutes, are celebrated in a Protestant form. The Roman Catholic services and processions enjoined l)y the Statutes ceased to be performed at the Reformation ; and attendance in chapel is never enforced upon the Giaduate Fellows. All the statutable duties of a Fellowship having thus become obsolete, the Fellowships are sinecures, with the exception, perhaps, of those which are held by Tutors, and which may be considered as forming a part of their other- wise inadequate stipend. A certain, but very small number may be likewise regarded as forming prizes for academical merit bestowed by examination. The College estates have increased both by the general increase in the value of property and by benefactions : and after the payment of the stipends fixed by Statute for the different Members of the foundation, a surplus remains, which is divided among the Head and actual Fellows, and forms the principal portion of their present emoluments. A large number of livings has been acquired by benefaction or purchase, a fund being sometimes set apart for the purpose. The nomination to these livings, respecting which the Statutes are entirely silent, is, we believe, always regulated by the same customary rule, that of passing the vacant living down the list of F ellows. New Fellowships and Scholarships have been added to the Foundations of some Colleges ; and at Queen’s and University Bye-Fellowships, terminable within a certain period, have been founded. A considerable number of exhibitions has been founded at various Colleges within the last two centuries. These exhibitions are tenable by Undergra- duates, and are therefore as educational charities, better adapted than the Fellowships to the present system of University education. The statutable qualifications of a Fellow having reference to his statutable duties as a Student under the old system of education and discipline, have ceased to form an appropriate guide to the electors. The period of probation has become, as a test of moral qualifications, almost, and as a test of intellectual qualifications entirely, a form. At some Colleges its place as an intellectual test is supplied by an examination. Testimonials of moral conduct are universally required, though in one or two instances the requirement has been dispensed with. The restrictions on property, where the amount is specified, have been construed to apply only to real, to the exclusion of personal property, although the framers of the Statutes clearly intended them to apply to all descriptions of property then known or recognised. The restrictions on the tenure of benefices have been held to apply to the value rated in the King’s books, and thus benefices of considerable value are sometimes held with Fellowships. The general restrictions of Fellowships to poor and indigent persons have ceased to be observed. Persons answering to that description do not now resort to the University ; nor would they be able to afford the course of resi- dence necessary to the attainment of a B.A. Degree, which is generally required as a qualification for a Fellowship. Attempts to distinguish between the circumstances of Candidates are, however, sometimes made, rather perhaps by individuals than by Colleges. The clerical character being now confined to the orders of Bishops, Priests, and Deacons, general restrictions, whether express or implied, to clerici have become void ; and the Fellowships of All Souls, which are limited by Statute to those who have received the first clerical tonsure, are now lay F ello wships. The Statutes which require holy orders or Priest’s orders at the time of election, or within a certain period after it, are still enforced, though changed, as regards the intention of Roman Catholic Founders, by the changes which the Reformation made in the character and functions of the priesthood. At STATEMENT ON COLLEGES AND HALLS. 8 OXFORD UNIVERSITY COMMISSION. STATEMENT ON COLLEGES AND HALLS. Oriel and Merton, where orders are not required by Statute, they have been imposed on the majority of the Fellows by a bye-law of the College. Where orders are not required till a certain period after the election, the Statute is construed, though contrary to its probable intention, as ci eating a terminable lay Fellowship. . • i Celibacy is everywhere enforced upon the Fellows, whether enjoined or not by the Statutes. i i i i. i. i j The Heads are everywhere permitted to marry, and enabled to take aavan- tao’e of this liberty by being lodged in houses ol their own instead of theii orio’inal chambers. The AVarden of Wadham has been released fiom the Stedute proliibiting him to marry by Act of Parliament. In the case of Jesus, the provision forbidding the Principal to marry is omitted from his oath. The restrictions of birth-place, school, and family, imposed on the elections of Fellows, as well as the limitations in favour of Scliolars on the foundation, beino- enforced by private interest, are generally observed, and in some cases they have even been tightened beyond the Statute by the conversion of pie- ferential or conditional into absolute limitations. Great confusion naturally prevails as to tlie interpretation of tlie conditional limitations, the condition having reference to duties which have ceased to be performed. The restrictions respecting age and degree are still generally observed. The Visitors continue to receive appeals, which they try privately, with the exception of the Crown, which tries appeals in the Court of Chancery. They have long ceased to visit their Colleges, or to interfere spontaneously for the enforcement of Statutes, the correction of abuses, or any other purpose. The oaths to observe the Statutes are sworn as before. I APPENDIX AND EVIDENCE. [■ 1 ] A P P E N D I X. CONTENTS. Appendix A. — Corkespondence between Lord John Russell, the Duke of Wellington, AND THE Hebdomadal Board, 1-5. Appendix B. — Correspondence between Her Ma.iesty’s Commissioners and the University OF Oxford, 6-38. Letters from Her Majesty’s Commissioners inviting Co-operation, 6. Answers from the Chancellor and Vice Ciiancellor, 7. Answers from tlie Visitors, 7, 8. Answers from the Heads of Colleges and other Officers of the University, 9. Answers from the Professors, 10-14. Inquiry^ of Her Majesty’s Commissioners, 15. General Head of Inquiry, 15. Questions to the Professors, 15. Questions to the Vice Chancellor, 16. Questions to the Vice Chancellor’s Assessor, 17. Questions to the Public Examiners, 17. Questions to tlie Colleges in their Corporate capacity, 18. Questions to indiviciual Memliers of Colleges, 18-20. Legal Proceedings on the part of the University, 21. Case and opinion on the part of the University, 21-27. Case and opinion on tiie part of Brasenose College, 27-31. Communication of Her Majesty’s Com- missioners with Lord John Russell, 32. Opinion of the Law Officers of the Crown, 32. Petitions of the University, and of Biasenose College to Her Majesty in Council, and Orders in Council with respect to those petitions, 33-38. Appendix C. — Visitation of the University by the Crown, 39-41. Case of Archbishop Laud, 39. Case of Dr. Bentley, 40-41. Appendix D. — Question as to the Power of the University to alter the Laudian Statutes, 42-54. 1. Case of the Heads of Houses in 1758, 42-46. 2. Legal opinion of Alessrs. Morton and Wilbraham in 1758, 46-47. 3. Answer of the Proctors in 1758, 47-51. 4. Further Answer to Objections, 51. 5. Legal opinions of Sir J. Campbell, Dr. Lushington, and Mr. Hull in 1836, 52-54. Appendix E. — Report of a Committee of the Hebdom.yd.yl Board on the Extension of University Education, 55-57. Appendix F. — Tabular St.ytement respecting the Professorships at Oxford, 58-60. Appendix G. — Table of University Fees, 61-67. Appendix H. — Table of University Dues, 68. Appendix K. — Returns from the Officers of the Universities of Oxford, Cambridge, AND Dublin, respecting the Candidates for the respective Examina- tions IN THOSE Universities, 69-72. 2 P Letter of Lord John Kussell to THE Duke of Wellington. CORRESPONDENCE hameu LORD JOHN RUSSELL, APPENDIX A. [See Report pp. 1, 59, 93, 102, 152.] Correspondence between Lord John Russell, the Duhe of Wellington, and the Hebdomadal Board. The following Correspondence has been laid before Parliament. My Lord Duke, Having announced in my place in Parliament the intention of Her Majesty s Ministers to advise that a Koyal Commission should be appointed to inquire into the state and revenues of the Universities of Oxford and Cambridge ; into the provisions of the statutes by winch the said universities and their several colleges are governed, and to report their opinions whether any measures can be adopted by the Crown or fiy Parliament by which the interests ol religion and sound learning may be promoted in the conduct of education m the said universities, 1 am anxious to explain to your Grace the views of Her Majesty’s confidential servants in re- commending this measure for Her Majesty’s approbation. _ tt i n I will not enter here into the question of the legality of such a commission. Plad it been pro- posed to exercise powers going beyond inquiry and report, such a question niig it en ei in o consideration. But the present commission will be a commission to receive evidence and to report opinions, without powers to determine any question or to prescribe any course. t becomes the more expedient that the views which are entertained on the su jec s lou e ^^No"on*e will now denv that in the course of three centuries the increase of general knowledge the growth of modern literature, the discoveries of physical and chymica science have rendered chano-es in the course of study at our national universities highly expedient. 1 he univeisities themselves have acknowledged this expediency, and very large retorms ot this nature have been adopted both at Oxford and Cambridge. These improvements, so wisely conceived, retiect the hiorhest credit on those learned bodies. u * i e -i f t The object of the proposed commission is not to interfere with these chanps, but to facilitate their progress ; not to reverse the decisions of the Universities by an authomy a& e;r«ra, but to brino- Die aid of the Crown, and, if necessary, of Parliament, to assist in their comple- O ^'°This can be done in two ways:— First, by ascertaining and recording, for the information of the Queen and the two Houses of Parliament, the new regulations which have been promul- gated, and the mode in which those regulations are expected to take effect. Secondly, by obtaining a knowledge of the obstacles which are interposed by the wills ot founders, tlie retention of customs, and the decisions of competent authority to the full deve- lopment of that large and improved system of study which the Universities have sought to establish. I will explain the nature of the obstacles to which I allude. t i Tn many cases the advantages and emoluments of the separate colleges are limi e y . ^ wills of the founders, either to the natives of some particular county or district, or to the scholars educated in a particular school, or in some instances to the descendants ot the iounder and his family. Such restrictions cannot fail to be injurious, and to be injurious in piopot ion as the field of choice is narrowed by the particular condition annexed to t e ac van aj^es o college. In other instances the directions of the founder s will cannot e the existing law, and in such instances it might fairly be consideied w let ei le in eies learning and the wants of the country may not be better considered by an expansion ot Matters of this nature, however, require deliberate and calm inquiry. Commissioneis conversant with the state of our Universities, and versed in a knowledge of the general policy of our law, will be of essential service, as well in pointing out the path o sa eimproveme marking the dangers ol heedless innovation. „ , . . • • j. Various questions mav and must arise in the course of this inquiiy. or ms a , school which has the privilege of commanding fellowships or other advantages m any partic^ai college fallen off or increased in numbers and consequence since the bequest vvas made . Was the family of the founder left few or many descendants to enjoy his bounty . In the case ot reli may trench upon that visitatorial authority, which their statutes, tint er re now land, have entrusted solely to the Bishop ot this See. i .-. 01 * in Bp rnmnelled With great personal respect for your Lordship, and with unfeignec gii P thus to address you, I have the honour to be, My Lord, Your Lordship’s most obedient servant, H. Exeter. From the Bishop of Exeter. The Lord Bishop of Norwich. 8 CORRESPONDENCE betweenUER MAJESTY’S COMMISSIONERS Appendix C. From the Archbishop of York, Visitor of Queen’s College, a favourable Reply was received „ , 7 in a private communication, r rom the Arch- hisiiop of York. Frnn the Bishop of From the BiSHOP of WORCESTER, Visitor of Worcester College. Worccstfr. ,, T Tr 1 1 ^ ^ ° My dear Lord, Hartlehury Castle, near Stourport, Oct. 27, 1850. I HAVE received an official letter from you, as Chairman of the Oxford Commission, requesting that I would co-operate with the said Commission through my authority as Joint Visitor of Worcester College. It is hardly necessary that I should assure you that* I will do so with pleasure, although I am not at present aware in what way my authority, as Joint Visitor of Worcester College, can be exercised for the advantage of tlie Commission. I am, my dear Lord, Yours faithfully. The Lord Bishop of Norwich. H. Y’orcester. From the Bishop of Ffom the Bishop of Oxford, Visitor of Worcester College. Oxford. _ My Lord, Little Green, Oct. 30, 1850. I HAVE the honour of acknowledging the receipt (to-day) of your Lordship’s letter of October 21, and I beg, in reply, to assure you that 1 shall feel it 'mv dmy to render any assistance in my power, and consistent with law, to the Commissioners of Her Most Gracious Majesty the Queen. I am, my Lord, Your obedient Servant, The Lord Bishop) of Norioich. S. OxoN. From the Bishop of From the Bishop of Lincoln, Visitor of Balliol, Brasenose, and Lincoln Colleges. Lord, Regent Street, October 29, 1850. I HAVE the honour to acknowledge the receipt of your letter, in which you enclose a copy of a Commission issued under Her Majesty’s authority for inquiring into tlie State, Disci- pline, &c., ot the Colleges in the University ot Oxford, and express a hope that I will assist the Commissioners in executing Her Majesty’s commands, by co-operating with them througli my authority as Visitor of Lincoln and Balliol and Brasenose Colleges, I beg leave to observe in reply, that, in exercising my' visitatorial authority, I am bound to confine myself within the limits prescribed by the founder for its e.xercise, as well as constantlv td keep in view the pur- pose for which he conferred it — that of carrying into execution his intentions, as expressed in the statutes which he gave for the government of his College. As far as I can, consistently with the due fulfilment of these obligations, I shall be ready to assist the Commissioners in carryin<^ into effect Her Majesty’s commands. ° I have the honour to be. My Lord, Your faithful Servant, The Right Rev. the Lord Bishop of Norioich. J. Lincoln. From the Bishop of Bath and Wells, Visitor of Wadham College, and from the Earl ot Pembroke, Visitor of Jesus College, no answers have been received. ThejJisiu.p of Win- From the Bishop of Winchester, as Visitor of New College, Magdalen College, Jolm’s College, and Trinity College, no answer was received ; but his opinion ^‘'d'ge. as Visitor ot Corpus Christi College appears, in the Evidence from that Society. 'fhose Visitors who had returned favourable answers were requested to recom- Evi.ieiu o, p. 338 . mend the several Societies of which they were Visitors “ to assist and facilitate “ the inquiry of Her Majesty’s Commission.” With this request the Archbishop of Canterbury, the Archbishop of York, and the Bishop ot Worcester complied by communications with their respective Col- leges. The Bishop of Lincoln forwarded to the three Colleges of which he is Visitor a copy ot the letter which he had addressed to Her Alajesty’s Commission. The following is the reply of the Bishop of Oxford ; — S.'co (1 letter from the B shop of Ox- ford. My Lord, Fair Oak, November 5, 1850. I have the honour to acknowledge your Lordship’s communication of the 31st instant, and in reply to it would submit to their Lordships that it would be unbecoming in me, as Joint Visitor of Worcester College, to obtrude upon the Provost and Fellows, who are entitled to rny utmost re'spect, any advice for which they had not applied to me. I am, my Lord, Your Lordship’s obedient servant, The Right Rev. the Lord Bishop of Norwich. S. Oxon. Answers prom the From the Heads of Colleges and Halls were received for the most part, courteous Heads of Colleges, acknowledgments ol the communication of the Commission, without further ami the UXIVEHSITY of OXFORD. 9 «;xpression of tfieir intentions. These, with their subsequent communications, Appendix B. whether favourable or otherwise, will most conveniently appear in the Evidence, ~ Part IV. Fi •om the Dean of Christchurch, alone, of the Heads ol Colleges, no answer was received to any of the communications of the Commission. From the Proctors, the ’Public Orator, the Vice-Chancellor’s Assessor, and the Registrar, ivere received the following answers : — My Lord, Christchurch, Oxford, October 29, 1850. I HAVE had the honour to receive a copy of the Oxford University Conimission, acconipan ving a letter iroin your Lordship on behall of the Conimissioneis, respecting infor- rnation, which it is requested may be iurnislied on the part of the University; and I beg to state in reply, that I am prepared to supply any information in my power so iar as is con- sistent with my duty and obligations to the said University. I have the honour to be, my Lord, Your Lordship’s most obedient humble servant. Geo. Marshall, Senior Proctor. The Right Rev. the Lord Bishop of Norioich. My Lord, Magdalen College, Oxford, November 2, 1850. I HAVE to acknowledge the receipt of a letter Irom your Lordship on behalf of Ilei Majesty’s Commissioners for inquiring into the State, Discipline, Studies, and Revenues of the Univerhty and Colleges of Oxford, enclosing a copy of Her Majesty’s Commission, and expressing a wish that” I would furnish to the Commissioners such information as lay within my power. I shall be ready, if summoned by the Commissioners, to supply any such information, con- sistentlv with the rights of the University and my duty towards it. I have the honour to be. Your T,ordship’s most obedient servant, William G. Henderson, Junior Proctor. The Lord Bishop of Norioich, Oxford University Commission. My Lord, Oxford, November 16, 1850. I have received your Lordship’s letter, but it was unaccompanied by the copy of the Answer from the Commission referred to in it. This oversight, however, is oi little moment, as I have access to other copies. Although 1 cannot bring myself to think that your Commission is of other than dangerous precedent for both Sovereign and people, I am fully aware that that is not a question between the Commissioners and mvselt ; and, feeling this, I shall certainly not whthhold fiom Hei IVlajestv, or from those acting under her authority, any inlormation which it is in my powei to afford them with propriety. I have the honour to be. Your Lordship’s most obedient humble servant. The Right Rev. the Lord Bishop of Norioich. R. Michell, B.D., Public Orator. My Lord Bishop, Hj Neio-square, Lincoln’ s-inn, October 26, 1850. I HAVE had the honour of receiving to-night, your Lordship’s letter dated from Downing-street on the 21st of this month, and written on behalf of Her MajesWs Coni- missione^-s for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleses of Oxford, enclosing a copy of the Commission under which they act, and expressing their hope that I will assist them in executing Her Majesty’s commands by furnish- ing such information as may lie within my power. I will readily give you every assistance which I properly can give. In order that 1 may be the better able to do so, will you have the kindness to let me know what is the nature of the information you desire, and what is the ultimate object for which it is sought. Believe me, my Lord Bishop, Your very faithful servant, The Lord Bishop of Norioich, . J. B. Kenyon. ^-c. §-c. Answer from the V ice-Chancellor’ s Assessor. October 30, 1850. The Principal of St. Mary Hall begs to acknowledge the receipt of a copy of Her Answer from the Majesty’s Commission for visiting the University and Colleges ol Oxford, together \vith the vEoistrar. official letter by which it was accompanied, and to thank the members ol Her Majesty s Com- mission for the attention. The Right Rev. and Rev. Commissioners for visiting the University of Oxford. 2 Q 10 CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS Appendix B. Answer from the Bodleian Libra- rian. Answers from the Professors. From the Resins Professor of Modern HistorjL From the Vinerian Professor of Law.* From the Regius Professor of Divinity. From the Regius Professor of Medicine. jMy Lord, Bodleian Library, Oxford, Nov. 18, 1850. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 5th instant, enclosing a copy of Her Majesty’s Commission for Inquiring into the State, Discipline, Studies, and Kevenues of the University of Oxford, for which I beg to express my thanks to your Lordship. I have the honour to be, my Lord, Your Lordship’s very obedient servant. To the Lord Bishop of Norwich, Bulkeley Bandinel, ^•c. Bodleian Librarian. From the Professors of the Ilniver.sity the following answers were received:— My Lord, 38, High Street, Oxford, October 24, 1850. I HAVE to acknowledge your Lordship’s letter of the 21st instant, on behalf of Her Majesty’s Commissioners for Inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford, enclosing a copy of the Commission under which they act; and I beg to say, in reply, that I deem it my duty to furnish such information to the Commis- sioners appointed to execute Her Majesty’s Commands, as it may lie within my power to give, I have the honour, my Lord, to be. Your Lordship’s obedient servant, H. H. Vaughan, Regius Professor The Lord Bishop oj Norwich. of Modern History at O.tford. My Lord Bishop, 11, New-square, Lincoln’s Lnn, October 26, 1850. 1 HAVE had the honour of receiving, to-night, your Lordship’s letter dated from Downing-street on the 21st of this month, and written on behalf of Her Majesty’s Commis- sioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford, enclosing a copy of the Commission under which they act, and expressing their hope that I will assist them in executing Her Majesty’s commands by furnishing such information as may lie within my power. I will readily give you every assistance which I properly can give. In order that I may be the better able to do so, will you have the kindness to let me know what is the nature of the information you desire, and what is the ultimate object for which it is sought. Believe me. My Lord Bishop, Your very faithful Servant, The Lord Bishop of Norwich, J- R. Kenyon. ^c. My Lord, Christchurch, Oxford, October 1850. T BEG leave to acknowledge the receipt of the communication which you have done me the honour of making to me, in your capacity of Chairman of the Oxford University Commis- sion, and to assure you that, in the event of Her Majesty’s Commissioners deeming it expedient to address to me aiiy inquiries concerning the Professorship to which the Queen was graciously pleased to appoint me, the same shall receive my immediate and best attention. I have the honour to remain. My Lord, Your obedient Servant, The Lord Bishop of Norwich, • Jacobson. ^’c. ^c. kc. My Lord, Oxford, Monday, October 28, 1850. I beg leave to acknowledge the receipt of a communication, signed by your Lordship, from Her Majesty’s Commissioners for Inquiring into the State, Discipline, Studies, and Revenues of the University of Oxford, which arrived this niorning. If, instead of addressing my answer to your Lordship, I ought to have addressed it to the Secretary of the Commission, I trust your Lordship will forgive me on the ground of the early acquaintance which I had the happiness ot making with your Lordship, and to which I always lock back with great pleasure and satisfaction. I am, my Lord, With sincere respect. Your obliged Friend, J. Kidd. * From those Professors whose Letters are marked ivith an asterisk, no further communications were received. The answers of the others will appear in the Evidence. 11 and the UNIVERSITY of OXFORD. ^ Oxford, October 28, 1 850. My Lord, , , , , i i I HAVE the honour to nchnovvledge the receipt of your Lordship s letter, dated October 91 vplTtive to the Oxford University Commission. . in reply! 1 beg to state that I shall be ready to furnish such information as may he within my power. The Lord Bishop of Norwich, Oxford University Commission, I have the honour to be, My Lord, Your most obedient and humble Servant, W. F. Donkin, Savilian Professor of Astronomy. Aitesdix 13. Answers from the Professors. From the Savilian Professor of Astronomy. Lopp O.rford, Monday, October 28, 1850. ""iN ’reply to a letter of yesterday’s delivery (though dated the 21st inst.), bearing your LordshiUs signature, and expressing a hope on the part of Her Miyesty s Commissioners tor Inquiring into^the State, Discipline, Studies, and Revenues of the University and Colleges o O.xford 'that I will assist them in executing Her Majesty’s commands by fiirnis iiti^, . information as may lie within my power, I beg your Lordship to accept the assiiiance . , when called upoZ I shall be louiid ready to acknowledge the duty winch I owe to Hei Majesty in this^matter, by facilitating, as far as in me lies, the purpose of tne Commissionei - to carrv Her roval intentions into effect. , u- *' I have the honour to subscribe myselt. Your Lordship’s obedient humble Servant, %^lrduZeLy ComJssion. Clinical From the Clinical and .\ldrichian Pro- fessor of Medicine. , Oxford, October 28, 1850. ' "l have received a letter from your Lordship, in the name iCiler’s^lller Inquiring into the State of the University of Oxford, expressing a hope that 1 will assist ttiem in exiuting Her Majesty’s commands, in furnishing such information as may be in my p e . I beo- to state, in reply, that I consider it my duty to comply with this request ® I have the honour to be, my Lord, Your Lordship’s obedient Servant, J. D. Macbride, To the Lord Bishop of Norwich. Lord Almonefs Reader in Arabic. My LoRDi O.tford, October 28, 1850. I BEG leave to acknowledge the receipt of a letter udiicli your Lordship has done me the honour to address to me on behalf of Her Majesty’s Commissioners for inqmrnig into the State Discipline, Studies, and Revenues of the University and Colleges of Oxforc. I shall consider it my duty to give the fullest consideration to such questions as Her Majesty’s Commissioners may think fit to address to me, and, whenever I am at hbertv, to furnish such information as may be within my power. I have the honour to be, my Lord, Your Lordship’s obedient Servant, To the Right Reverend Henrv W. Ac land. The Lord Bishop of Norivich. Lee s Reader in Anatomy. Balliol, Oxford, October 28, 1850. In reply to your Lordship’s letter, which I received yesterday, enclosed with £i copy of From the Prsclector the Oxford University Commission, I beg to say that I shall be most willing and hapjiy to o .ogic. aive either orally or on paper, any information in my power which can assist the Commis- sioners in their most useful work ; but, as I am now labouring incessantly to get sorrie lectuies written for delivery during the present term, I must beg the indulgence of two or three weeks before I can enter on any other work. I have the honour to remain, my Lord, Your Lordship’s most obedient servant. The Right Rev. the Lord Bishop of Oxford. Henry Wall, Prcelector of Logic. My Lord, London, October 29, 1850. I HAVE received your communication, and shall be glad to fuinish any infoimation connected with my Professorship that may be of service to you. I am, my Lord, Your obedient Servant, J. M. Wilson, Professor of Moral Philosophy. 2 Q 2 From the Professor of Moral Phi- losophy. 12 CORRESPONDENCE heticeenWR MAJESTY’S COMMISSIONERS AprF.XDix B. Axsweks from tue Beofessoes. From tlie Reader in Mineralogy. From toe Professor of Anglo-Saxon. From the Reader in Experimental Philosophy. From the Regius Professor of Civil Law. From the Margaret Professor of Divinity.* Mv Lord, ^ Ashmolean Museum, Oxford, Octoher 2^}, \SoO. 1 HAVE to acknowledge the receipt of a comuninication from your Lordship, on tire part of the Oxford University Commission, in whicli a hope is e.xpressed that I will furnish such information as may he within my power, with a view to assist the Commissioners in the execution of Her Majesty’s commands. I beg, in answer, to state that in whatever way I may be able to assist Her Majesty’s' (mmmi.ssioners in executing the commands they have received, I shall be very happy to co- 0 ]) 8 i-ate with them, and to furnish what little information it may be in my power to provide. I have the honour to be, my Lord, ^Y^our Lordship’s obedient and faithful Servant, Nr.viL Story MaskelyxM';, . Deputy Reader in Mmeraloqu at Oxford. To the Rir/ht Rev. the Lord Rishop of iSforicich, ^'c. From the Laudian Professor of Arabic.* Ml Lord, O.rford, October 30, 1850. 1 HAVE the liononr of acquainting your Lordship that I have received your Lordship’s letter, on the part of Her Majesty’s Commissioners, dated 21st of October. 1 have the honour to be. My Lord, Your Lordship’s most obedient and humble Servant, S. E. Reav. From the Regiu.s Professor of Eccle- siastical History.* M\ Lord, ^ Beaumont-street, Oxford, October 31, 1850. r , ^ honour to receive a letter, signed by your Lordship, in the name of the U.xford University Commission. In reply, I have merely to say, that although I do not shun inquiry (having always endea- voured to do my duty in the University), there is nothing which I wish to bvino- before the Commissioners. ° I am, 5 our Lordship’s humble Servant, 'To the Loi d Bishop cf LJoricich. Rodt. Hussey Regius Professor of Ecclesiastical History. i I\ Lord, Oriel, November 2, I HAVE had the honour to receive a letter from your Lordship, together with a copy of the Royal Commission, which reached me on the 27fh of October. In your Lordship s letter I am requested to assist the Commissioners in executing Her Majesty s Commands, by furnishing such information as may lie within my power. I beo' to return answer, that I entertain a sincere hope that it may be in my power to satisly the reqinre- ments of Her JMajesty’s Commissioners. I have the honour to be, my Lord, _ V’our Lordship’s humble Servant, To the Right Reverend J . Earle The Lord Bishop of JSi or wich. Professor of Anglo-Saxon. My Lord, Wadharn College, Oxford, November 2, 1850. I SHOULD have acknowledged your letter (on the part of Her Majesty’s Commis- sioners) earlier had it not been for a few days’ absence from Oxford. I beg, hoivever, now to assure you that I shall be happy to answer any question you may please to put, as far as I am able, and to supply any other information in my power. I have the honour to subscribe myself. Your Lordship’s obedient Servant, The Lord Bishop of Norwich. Rob. Walker, ^ Reader in Experimental Philosophy. My Lord, Doctors' Commons, November Q>, 1850. I HAVE to acknowledge your Lordship’s communication of the 21st ultimo, and to express my regret that, owing to some mistake (occasioned probably by my absence from London), it has not reached me as soon as it ought to have done. In reply, I beg to state that I shall be very willing to give Her Majesty’s Commissioners every intormation I may happen to possess as to the subject matter of their inquiries. I have the honour to be. My Lord, Y^our Lordship’s faithful Servant, The Right Rev. Lord Bishop of Noncich,, Joseph Phillimore cj-c. IMy Lord, Heppington, Canterbury, November 8 , 1850. I have the honour to acknow ledge thereceqit of a letter from your Lordship on behalf of Her Majesty’s Commissioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford, and expressing a hope that I would assist them by furnishing such information as may lie within my power. and the UNIVERSITY of OXFORD. 13 Without at all supposing tliat I have any information to commtmicate to wnich there is not a ready access through outlier channels, T beg respectfully to diicline a course ot action by which i should consider myself as weakly compromising the established privileges ot my 1 ro- fessorship, and so far of the University at large, by acquiescing in an inquisition against which I am bound to protest as an unconstitutional stretch ot prerogative, fraught with immediate evil, and still more dangerous as a precedent. I have the honour to remain. My Lord, Your faithful and obedient Servant, The Lord Bishop of Norwich, Godirky Fal^sett, ^ Margaret Professor of Uivimty. \'C. Ari’EXDix B. AxSvVEHS I'ROJI THE I’ilOFESSOKS. g.p Radcliffe Observatory, Oxford, Nov. 8, 1 850. ’ I BEG to acknowledge the receipt of a communication dated the 7th instant, and signed From the Radcliffe bvtheBishopof Norwich on the part of the Oxford University Commissioners. With recrard to the Radcliffe Observatory, as it is neither maintained nor recognised by the University? I conceive that an inquiry into its affairs does not fall within the province of the Commission. I must, therefore, respectfully decline making any official communication about Everytliino- connected with its management is, I believe, pretty generally known, as are also my owii an d”assist ants’ emoluments. lf_ the Commissioners require any information on these points, I beer to refer them to the Radcliffe trustees. ^ ® I have the honour to be. Sir, Your obedient humble servant, M. J. Johnson. My Lord, . Novernher 12, 1850. Having been absent from home, it was only yesterday that 1 was able to peruse join Lordship’s letter of the 21st of October, expressing “on the part of Her Majesty’s Commis- sioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford,” a hope, that 1 will assist them in executing Her Majesty s commands, by furnistiing such information as may lie within my power. _ _ Individually, I am of opinion that if an inquiry of this description is determined upon, it ought, in justice to the University itself, to be as complete and as comprehensive as possible; and I should therefore feel disposed to communicate to Her Majesty s Commissioners all tae inibrmation that I can undertake to furnish on my own responsibilitj'. But your Lordship must be aware that, as a Fellow of a College, I cannot go_ counter to the express directions of the Visitor, or even to the deliberate voice ol the Society ot which 1 am a member, on such matters as those in which we are jointly concerned ; and that it would ttiere- fore he premature for me at the present moment to pledge myself further than to the extent of offering any information respecting the appointments in the University wnich 1 hold, tliUL it may be in my power to afford, beyond those particulars which, as the Commissioners are probably aware, were laid before the public some years ago by myself, with the intent ot^ior- warding, so far as I was able, those changes in the Academical System of Oxiord which nave recently been carried into effect by the University itself. " I have the honour to be, My Lord, Your Lordship’s most obedient and humble Servant, Charles Daubeny, To the Right Reverend Professor of Botany and Chemistry the Lord Bishop of Norwich. i‘i the University of Oxjord. From the Professor ol Boianv and Chemistry. 13, Cambridye-street, Hyde Park, November 28, 1850. ’ I HYVE the honour to acknowledge the receipt of communications from Her Majesty’s From die Professor Commissioners for the University of Oxford, dated the 28th of October and tlie 18th iiist In obedience to the desire of Her Majesty’s Commissioners, I beg leave respecttully to inclose herewith the statements requested of me in relation to rny office ; in which statements I have endeavoured to the best ot my ability' to answer the questions proposed. Any further information Her Majesty’s Commissioners may do me the honour to require, I shall, if in my power, be very happy to afford. I have the honour to be. Sir, Your most obedient, humble Servant, Henry R. Bishop, Knt., Professor of Music, Oxon. IMy Lord, I have the honour to acknowledge the receipt, under your Lorclship’s signature, ot From an invitation from the University Commissioners to assist them, by any information 1 can furnish, in carrying out Her Majesty’s commands ; and of a copy of the Commission itself under which they act. • 1 1 1 1 ’ i Replies to any questions touching my own office I see no reason to witliliold ; tnougli indeed I can furnish no information which, like all that regarding the general emoluments ot the Professorships of the University, is not already patent to tlie woild. i • i t i But beyond that I respectfully decline to go. 1 cannot aid in an object whicii 1 condemn. 14 CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS Appendix 1], and an inquisition against which I protest; but in thus declining to co-operate w'ith tlie — ^ Commission, 1 beg to assure you that I have no predilection for antiquated abuses— no wish Answers pkom tee to shun legitimate investigation — and no antiiialliv to chano-e PrOFPSSOKS. T „ a t i l i ^ r i • • ‘ , A am anxious that ttie venerable and powerlul institutions which are now to be put on their trial, without distinct charge or avowed accusation of any sort, should be rendered av adable, as tar as may be, to the intellectual, moral, and religious service of the whole commonwealth. I desire that they should adopt every science, foster every liberal pursuit, invigora'e every faculty; and that every department of man's culture should be freely- developed wilhiii their bosom, and under their protection. I rejoice at the recent extension of our studies, and the enlarged views which will vindicate in men s eyes our claim to educate the nation. I approve ot anv arrangements which, by cheapening education, shall extend its blessing, which shall brace and purify our discipline, and even by legislative enactments co-operate with individual societies in removing restrictions which manifestlv narrow their utility and mar the real objects of their founders. Let public opinion, and intelligent discussion, and the force of reason, by all means be brought to bear on these great bodies. They are largely open to such influences, though not servilely subject, to taem : their members -are neither, generally speaking, bigots nor recluses, and are united in a thousand ways with the busy practical world on which thev act, and by which they are in their turn acted upon. But no statesman who can value in the mid- sea of popular impulses a refuge lor independent opinion, no Churchman who discerns the connexion between sound religion and uselul learning, no Englishman who cherishes that traditional respect for ancient rights which divides change irom revolution, will, in my opinion, sanction any invasion from without to attain an end hovv'ever in itself desirable. The rights of property, the independent action of the Universities within their immemorial educational province, and tl'ie distinctive religious and Church character which has i'rom the earliest times consecrated and tnoulded, happily lor the nation, our academical studies, must be held inviolate. No respect for the abilities, attainments, and position of the members of your body can remove from thoughtlul men the apprehension that formidable innovations, and in our opinion disastrous changes, are contemplated under the present Commission, to ascertain what, for all jiractical ]iurposes, is really already known. There is nothing to re-assure us of the future. Honourable names and good intentions in those who are but instruments in the hands of another power, cannot reconcile us to a dangerous principle and an ill-omened precedent. Evil is intended, otherwise the inquiry vould not be prosecuted against the solemn, moderate, and dutiful remonstrances of the Universities themselves, in face of the pledge they have recently' given to the State oi their anxiety for any re-adjustment in harmony with the age, which is not incompatible with their independence, immemorial rights, and religious character. Never, if real improvement, according to their own jwinciples, were the object, could inter- ference be more ungracious, impolitic, or self-destructive. I say nothing of the jealousies the Commission will engender, the dissensions it w'ill provoke, the new elements of discord which it throws into a community already rent to pieces of itself. We crave peace and von give us chaos. But, if all objections on the score of expediency were removed, I should oppose the present Commission as illegal and unconstitutional in its loliole spirit and purpose if not in the letter, and in an age ot professed, and in many points real liberalism and improvement, a despotic stretch ot antiquated prerogative. It recalls the worst times, and the worst precedents Absit omen ! I remain, my Lord, Your humble obedient Servant, The Lord Bishoj) of Norwich. Isa.vc Garbett. From the Regius Professor of Hebrew.* From the Professor of Exegesis,* the Professor of Politi- cal Economy, and the Professor of , Sanscrit. My Lord, Christchurch, March 26, 1851. I DELAYED answering your letter, inviting me to give evidence before the University Commission, because I did not know at that time in w'hat way my answer ought to be framed ; I understood that there were grave doubts about the legality of the Commission. I was also very strongly convinced that the only sound and solid reforms in the University system must come from the University itself. Such reforms have been carried on, I believe, with good effect all through the pre.sent century. What is yet lacking will, I trust, be supplied not the less solidly, even although slowly. I would gladly have given any information in my power, but I felt convinced that I could not recognize the rights thus to inquire, without recognizing thereby the right to recommend and ultimately to legislate for the IJniversity, which would, I feared, be destructive to its well- being. But before I should send my answer, I thought it more respectful to wait to know what would be the answer given to the case submitted for legal opinion. Having to-day seen this, I beg respectfully to decline appearing before the Commission, or returning any answer upon the ground set forth in it. I fear that my long silence has been misinterpreted, but I waited in continual expectation of the- answer to the case submitted to Counsel. 1 remain. Your Lordship’s humble Servant, The Right Rev. the Lord Bishop of Norwich, E. B. Pusey. Chairman of the Oxford University Commission. The ansvver.s of the Professor of Exegesis, the Professor of Political Economy, and ol the Professor of Sanscrit, appear in the Evidence. and the UNIVERSITY of OXFORD. 15 Ari’Esmx 13. Ikquiky of Her Majesty’s Com- MISSIONEKS. Sir, Heads of Inquiry addressed to the Authorities of the University and other eminent persons. Fourteen successive meetings were then employed in tlie compilution of seven Danors of questions, which are subjoined. • ^ The first and most important, as emlwacing the wnlest range of inquirv, ™ sent to all Heads of Colleges and Halls, to all Professors and public officers of the University of Oxford, and to other eminent persons who were thought capable of furnishing evidence on the points therein enumerated. Oxford University Commission, Doioning- street, November , 1850. Her Maiestv’s Commissioners for tlic Universily of Oxford being charged with the duty ofTnor i, rto^Her Majesty on the State. Discipline, Stndtes, and Revenues ol tl e UitLrsItfand Colleges of Oxford, and required also to report tbetr op.nious on the snojects referred to them, are anxious to obtain Information and suggestions from persons who, by their Sat rand experience, merit public confidence. They therefore request that you will coui- rltlrate to tLm whatever, n't your judgment, may assist them ,u ‘h- f opinions, and enable tliem to give a faitliful repiesentation o e PY®*! yn the Universitv While they will be glad to receive from you any communication beaung on the sub,"; o^'theh- inquiry", they beg leave to call your attention specially to the lollowufg points : — , . , . , i- 1. The possibility of diminishing the ordinary expenses of a University education, ana o restraining extravagant habits. _ i- • r 2. The sufficiency of the powers which the authorities possess to enforce discipline. 3. The power of the University to make, repeal, or alter statutes. 4. The mode of appointing the Vice-Chancellor and Proctors. 5. The government of the University and its relation to the Colleges, as fina y es s bv the statutes of Archbishop Laud. _ i _ f! '6. The means of extending the benefits of the University to a larger mm.bei or student., (1.) By the establishment of new Halls, whether as independent societies, or m con- nexion with Colleges; , ,, timn (2.) By permitting Undergraduates to lodge in private houses more generally tliai. at present , students to become Members of die University, and to be educated in Oxford under due superintendence, hut without subjecting them to the expenses incident to connexion with a College or Hall ; , , . ■ r ovx... fvx (4.) By admitting persons to Professorial lectures, and authorising the Profcssois to grant certificates of attendance, without requiring any further connexion \Mth le University. . . . , . , , ,, 7 The expediency of an Examination previous to Matriculation ; of diminishing the length of time required for the first Degree; of rendering the higher Degrees so regulatmg the studies of the University as to render them at some peiiod of the more directlv subservient to the future pursuits of the student. „ i • ~ V TlTJpediencj of combining tb/ Professorial with the Tutona system ; of tendenng the Professorial foundations more available for the instruction of Undergraduates generally ; of increasing the number and endowments of Professorships ; of providing retii mg pensions The'mit eli.ible mode of appointing Professors ; and the effect of existing limitations or 'la to Fellowships, and in their teunre. 11. The propriety of abolishing the distinctions between Compoundeis and oidinaiy Graduates; between Noblemen, Gentleman-Commoners, and other students; and also le distinctions made with respect to Parentage at Matriculation. nr(fpr>^ and of 12. The means of fully qualifying students, in Oxford itself, toi Holy Oideis, and ot obviatine the necessity of seeking Theological instruction in other places. . 13 The capability" of Colleges and Halls, as at present constituted, to furnish adequate n- struction in the subje"cts now studied, and in those introduced by the recent Examination Sta u . 14. Ttie system of Private Tuition, and its effect both on Tutors and Pupils. 15. The means of rendering Bodley’s Library more generally useful than at ‘ . 16. The propriety of laying periodical Statements of University Accounts hefoie Convocation. Her Majesty’s Commissioners will be happy to receive your evidence, either orally or m writing, and in such a form as you may think best adapted to do justice to your suggestions and arguments. I have the honour to be. Your obedient humble Servant, A. P. Stanley, Secretary. The answers to these Heads of Inquiry will he found in Evidence, Pait I. To the Professors, this document was accompanied by the following queries . ^ ’ ^ . o , /'..v.iloU afntP- addressed to tlie Her Majesty’s Commissioners also request you, as Professor of , &c., o Professors, ments under the subjoined heads, and to give them any further information oi any sugges ions which may occur to you in relation to your office : — 1. The nature of the Endowment, and its present annual value; and whether any other sources of income are attached to it. Questions Ai’pexdix B. QuKSTioxy OF Ker JlA.iKyTY’s Co:.i- JIISyiOXEKS. Qik'sI io'is !i(l(lie^s('(l to the rrol'cssors. Questions addressed to the Vice-Chancellor. IG CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS •2. Whether any special qualifications are required by statute in the persons appointed. 3. AVhether any Residence, Lecture-room, Library, Apparatus, Collections, &c., are ]Dro- vided for you ; if so, whether there are any funds for keeping' them up. 4. Whether there are any statutes requiring the performance of specific duties ; and whether those duties are such as could not profitably be now enforced. 5. The mode of appointment to your office ; whether it is held for life or for a term of years, and whether the person holding it is removable. 6. The nature and number of Lectures usually delivered in each year; the average number of pupils attending, and the fee paid by each pupil. 7 . The general condition in the University of the branch of study to which your Professorship relates, and the means of promoting its advancement. Her Majesty’s Commissioners will be happy to receive your evidence, either orally or in I'liting, and in such a form as you may think best adajited to do justice to your suo'crestions and arguments. I have the honour to be, Your obedient humble Servant, A. P. St.vnley, Secretary). The answers to these Questions will be found in Evidence, Part II. Tlie documents which follow were intended to elicit such facts from the Uttiversity and College Authorities as w’ere not otherwise easily accessible. 01 those which related to the University, the first, on the general State and Revenues of the University, was addressed to its chief executive Officer, the Vice- Chancellor; the second, on the Yice-Cliancellor’s Court, was addressed to the Assessor or ordinary Presiding Judge of that Court ; the third, on the Studies and Examinations of the University, to the Public Examiners. Downinff-street, London, IZth November, 1850. Mr. Vice-Ch.\ncei,lor, LIer Majesty’s Commissioners for the University of Oxford respectfully request that you \m11 have the goodness to cause them to be turiiished with the Returns specified below. I have the honour to be, Mr. Vice-Chancellor, Your obedient Servant, (Signed) S. Norwich. 1. A copy of the University Statutes now in force. 2. A iSchedule of all Fees and Monies levied on Members of the Universitv, whether as University Dues, or as Payments to Government, (1) at Matriculation, (2) previously to Re- sponsions or Examinations, (3) as Annual Imposts, (4) on taking Degrees. 3. A Copy of the Agreement between the University and the other parties interested in the University Press. 4. A Statement of the Profits of the University Press in each of tlie last ten years, distin- guishing the Profits arising from the sale of Bibles, Testaments, and Prayer-books, and those arising from the sale of other works. 5. A Statement of the amount of the Balances now in hand, and the estimated value of the Stock. 6. A Statement of the application of tlie Net Profits of the Lhiiversity Press during the last ten years. ° /. A Statement of the Net Income of the University Estates, distinguishing between those which are held in trust, those which are intended for specific purposes, and those which are intended for the general objects of the University. 8. A Statement of the Grants made by the University during the last ten years to purposes not strictly academical. 9. A Statement of the Monies in the University Chest, other than those of the Universitv Press, which are applicable to the general purposes of the Universitv. 10. A Statement of the principles on which Fines are set for the renewal of Leases, and of the Leases, if any, which the University is now running out. 11. A Statement ot the Emoluments of the Vice-Chancellor, distinguishing the sources from which they arise. 12. A Statement of the Emoluments of the following Universitv Officers: — The Deputy Steward. The Proctors and Pro-Proctors. The Public Orator. The Keeper of the Archives. Bodley’s Lihrarian and Sub- Librarians. The Keeper of the Ashmolean Museum. The Radclifife Librarian. The Assessor of the Vice-Chancellor’s Court. 4’he Registrar of the University. The Registrar of the Vice-Chancellor’s Court. The Clerk and Deputy Clerk of the Market. The Bedells. and the UNIVERSITY of OXFORD. 17 13 A, Schedule of the Fees payable in the Vice-Chancellor s Court. r i f f IT A Statement of the Number of Persons who have offered themse ves as Candidates j^t the Examination for the Degree of B.M., and at the New Theo ogical Examination since the passhig of the Statutes which established those Examinations, and ot the Number of Candidates who ha^e of Matriculations and Degrees during each of tl^ last four years distinmiisbing between the Matriculation of Persons entered as Sons of Noblemen Doctors, Esquires, Gentlemen, Clergymen, and Plebeians, and between the Giadua ions o persons as Compounders and Non-Compounders. Ari’Exmx B. Questioxs of Her Majesty’s Com- missioners. Sir, Oxford University Commission, Downiny-sti eet, November , 1850. the Vice-Chancel- for’s Court. Her Majesty’s Commissioners for the University of Oxford request that you will have Q-f the goodness to furnish them with answers to the following questions What Persons may practise in the Vice-Chancellor’s Court . Is the number of such Persons limited by any Statute, or by custom What Qualification or Course of Study is required of those who are appointed to practise What has been the number of Suits in the Court in each ot the last five years? What is the most usual cause of Civil Action in the Court? _ c v r What is the Expense to each Party, under ordinary circumstances, m a Suit tor the Wh^t lengtl^^^^^ under ordinary circumstances, passes from the first to the last stqj in a defended Suit for the recovery of such a Debt? Are the Witnesses examine in open ou . Do they give their testimony orally ? Are they subject to oral cross-examination . If not, be so o-ood a^s to state how they are examined and cross-examined ? ff a Defendant be sentenced to pay a Debt or Sum ot Money to a Plaintiff, how is the p y- ment enforced? _ i i i i o How are the Costs of litigating parties in the Court taxed, and by whom . I have the honour to be. Sir, Your obedient humble Servant, A. P. Stanley, Secretary. Sir, Oxford University Commission, Doivning-street, February , 1851. Her Majesty’s Commissioners for the Universi.y of Oxford will feel much obliged if you will communicate to them whatever information may, m your judgment, enable t era live a faithful representation of the state of the public examinations and general studies of he University. Yoifr attention, as having filled the office of Public Examiner, is specially directed to ^ present system of public examinations well adapted to stimulate students generally to exert themselves to the best of their respective powers If not, do you think it fails most with regard to those of moderate or those ot good abilities . 2. How far do you think the recent statute likely to remove any detects that may exist in either case? Should you wish to see any further extension of studies, any further alterations in the examinations, or any change in the mode of classification . • i r 3. What were the o-eneral subjects for the ordinary examination during the period of your examinership? In what subjects was failure most common? What was the average proportion of candidates who were rejected or who voluntarily withdrew . ^ 4 Can you specify the books taken up by candidates for classical honours, and the number of ca,hhis bj whom each book was take, op ? Can you n,t*o any otbe. stansucal returns which appear to vou to bo important, as .llustraling the state ol study in the y _ 5 What are the general subjects of the mathematical examinations? What decree ot attention is paid to geometrical knowledge, or to expertness in the use How do you account for the comparative neglect of mathemat ics . Do you think tha * studies introduced by the recent statute will be as much neglected, and for like reasons . 6. Is the present mode of appointing Examiners sucti as you would recommend . Do j consider their payment sufficient? Do you think that Examiners for University Scholai ships should receive payment ? , • tt • u 7. Do vou tffiiik that the subjects of instruction now pursued in the University aie such as will attract any other classes to the University than those that resort to it at piesent . oi t o you think that the present studies could be advantageously modified with a view to that object. I have the honour to be. Your obedient humble Servant, A. P. Stanley, Secretary. The Vice-Chancellor and the Vice-Chancellor’s Assessor answered in the following letters : My Lord, University College, Oxford, November 15, 18o0. I HAVE the honour to acknowledge the receipt of your Vree'^Ghanc'^lbo instant, on the part of the University Commissioners; and I beg to state tha , 1 2 R 18 CORRESPONDENCE hetioeen HER MAJESTY’S COMMISSIONERS Appendix B. Questions of Her Majesty’s Com- missioners. circumstances, I do not feel myself at liberty to make any reply beyond such acknow- ledgment. I have the honour to be, my Lord, Your obedient Servant, The Lord Bishop of Norioich. F. C. Plumptre, Vice-Chancellor. Answer from the Vice-Chancellor's Assessor. Answers from the Public Examiners. -All Souls College, November 22, 1 850. Your letter, addressed to me as Assessor of the Vice-Chancellor’s Court, and beariuo- date the 18th of this month, arrived here this morning. ° The various subjects to which your questions relate shall have my best attention. Your obedient humble Servant, The Rev. A. P. Stanleij, j. r Kenyon. ^c. ^~c. The answers of the Public Examiners will be found in the Evidence, Part III, The questions relating to the Colleges were divided into two classes— those which, as touching on the Revenues and Statutes of the Colleges, were addressed to those bodies in their corporate capacity ; and those which, as touching on facts connected Avith the Colleges, but lalling under the cognizance of its individual Officers or Members, were addressed to the Heads, Senior Tutors, and other Members of the several Colleges. Questions addressed to the Colleges, as Corporate Bodies. Uxjord Umversity Commission, (jENTLemen, Downing -street, November , 1850. Her Majesty’s Commissioners for the University of Oxford will feel much oblio-ed for any infoimation which y'ou may be disposed to turnish on the following points! 1. The amount of your corporate revenues and their specific application. 2. The sources from which each portion of the income is derived, and the amount arising from each source. “ 3. The proportion of your corporate property which is let at rack-rent, and on lives, or for terms of years; and the principle on which fines are set, ’ 4. The emoluments of the Headship, of the several Fellowships, Studentships, Scholar- ships, Demyships, or the like. b. Tile number, value, and period of tenure, of the sev'eral unincorporated Scholarships, Exhibitions, or the like. Hei Majesty s Commissioners also request that you will furnish them with a copy of your Statutes, and with any Decrees made by the Visitor. I have the honour to be, Gentlemen, Your obedient humble Servant, A. P. Stanley, Secretary. Questions addressed to the Heads, Senior Tutors, and other Members of Col- lege.s. Oxford University Commission, ^ Doivning-street, London, December , 1850. Her Majesty’s Commissioners for the University of Oxford will feel obliged to you for any information which you niay be disposed to furnish on the following heads of inquiry, which, for the sake of convenience, have been arranged under the form of questions. I have the honour to be. Your obedient humble Servant, A. P. Stanley, Secretary. 1. Is your Society governed by statutes? If not, are there any orders or rules by which it is governed ? 2. If the Society is governed by statutes, were those statutes given by the Founder? Are the original statutes in force, wholly or in part? If they are not in force, by what authority, and when have they been altered ? 3. Is there any provision in your present statutes for their alteration and amendment; or was there, in your original statutes, any such provision? 4. M ill you state in what respects, if any, your statutes have ceased to be observed, whether owing to lapse of time or other causes ? 5. In what cases is the non-residence of your Head or your Fellows permitted by the statutes, and how many of your Fellows are non-residents? Would the University or the College be benefited, in your opinion, by the general enforcement of residence? 6. Is the marriage of the Head of your College permitted by the statutes ? If not, by what authority is such permission granted ? Is that permission applicable to any other Members of the Foundation, besides the Head? 7. Does the College consist of several Foundations? if so, do the Fellows on the several Foundations enjoy the same rights and advantages ? 8. Are there in your College any unincorporated or Bye Fellows? If so, by what statutes are they governed ? Do you consider such Fellowships beneficial to the Society? Or do vou think their present position might be altered with advantage ? 9. How many ot your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction ; and how many confined to particular places, or schools, or lo persons of the kin or name of Founders ? 10. Will you quote the clauses of your statutes on which any such restriction rests, together 1 and the UNIVERSITY of OXFORD. 19 with any special reasons which the Founder or framer of your statutes may have had for this iestrictiojii?e absolute? If not, has the College availed itself of any facilities which the statutes allow for opening the Foundation? . . 12. If the statutes give a “preference ” to certain candidates, how do you interpret such ^ 13. Do you consider the present restrictions, if any, on the election of your Fellows, Students, Schoiars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? , t i /■ 14. Are. vour Fellowships, Studentships, Scholarships, Demyships, or the like, disposed ot strictiy according to merit? Is such merit tested by examinations ? c u i . n- . 15. What is the statutable connexion between your F^'cllowships and your Scholarsnips, Demyships, or the like? What is the practice in this respect ? ' , . . ... ^ 16. If your Fellowships are limited to those who are or have been Scholars, or the like, ot vour Society, has this system been found beneficial to the College? _ o Ti< ■ 17. Are the Fellows of your College obliged to proceed to the higher Degrees? if so, in what Faculties ? _ i i t ri 18. Do your statutes enjoin that your Fellowships, Studentships, Scholarships, or the fike, be increased or diminished in number as the. revenues of your College vary ? Has such pro- vision of the statutes been acted upon? Do you conceive that the enforcement ol such provision at the present time would be beneficial to the Society ? 19. Do your statutes contemplate the residence in College of any Undergraduates not on the Foundation? Do they forbid it ? Will you quote the clauses in your statutes on which such permission or prohibition rests ? , i ti r + 20. What amount of property vacates a Fellowship, Scholarship, or the like, according to your statutes? Is the rule enforced equally with regard to real and personal property? Do you conceive that the enforcement of such a rule at the present time would be beneficial to tfie ^°2U^'s the Head of your Society statutably required to enter into Holy Orders? How many of your Fellows, Students, or the like, are subject to the same rule ? It the statute be not observed, on what authority does the non-observance or dispensation rest ? Is the obligation to enter into Holy Orders expressly laid down by statute, or is it deduced from an injunction to study theology, from injunction to discharge clerical duties now disused, or from any other like provision ? . . t o t i-i 22. Are your Fellowships confined to persons of a certain University standing is the admission of Undergraduates to Fellowships, or the restriction of Fellowships to persons ot particular degrees, productive of inconvenience ? i- o 23. Are clergymen excluded from presenting themselves as candidates lor your Fellowships . Are Laymen? i i ^ 24. Are Fellows, or other members of your Foundation, allowed by statute, or othei authority, to hold ecclesiastical preferment ? and if so, to what amount? 25. What statutable restrictions limit the selection of your Head ? • • i 26. How many benefices in the gift of your Society have been added since the original Foundation? Will you state at what time and in what manner each was acquired? Flave you at present a fund for the purchase of advowsons? n c \ i i 27. Are there any Prselectorships founded in your College for the benefit ot the whole University? Are Fellowships connected with such PrEelectorships ? It so, do the statutes allow any special liberty of choice in the Fellowships so connected? 28. Has the College the nomination to the Masterships of any Schools? V\ hat control does the College exercise over such Schools ? i i • r 29 Will you quote the clauses of your statutes which set forth the powers and duties ot the Visitor of your College? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the statutes, or to make new statutes or ordinances ? Appendix B. Questions of Hee Majesty’s Com- MISSIONEES. Questions addressed to the Heads, Senior Tutors, and other Members of Col- leges. 30. Are Gentlemen Commoners in your Society called upon to pass the same examination at entrance as other persons? Do they follow the same course of studies, and aie they subjected to the same discipline as other persons in statu pupillari? To what charges are they liable, beyond those borne by other independent members ? _ _ 31. Can you state how many members of your Society receive assistance from Exhibitions, or the like, not in the gift or under the administration of your Society ? What aie the souices and what is the amount of the .assistance so received? .32. How many persons are supported, wholly or in part, in your Society as Battelleis, Servitors, Bible-clerks, or the like ? What are their duties, and what are their stipends or other emoluments or immunities? How are they chosen ? Are they marked by any par- ticular dress ? Was the number ever greater ? It so, can you state why it has been reduced ? What do you consider to be the advantage or disadvantage ol such a body of scholars? 33. How many Tutors are there in vour Society ? How many Lecturers, Catechists, or other Instructors, who are not Tutors? Does the Head of your Society take any direct part in the instruction? 34. Are there any Tutors in your Society who are not, or have not been on the foundation? Do they all reside within the walls? 2 R 2 20 CORRESPONDENCE beticecn HER MAJESTY’S COMMISSIONERS Appendix B. Q.uestioxs of Her Majesty’s Coji- MISSIOXEBS. Questions addressed to the Heads, Senior 'I'litors, and other Members of Col- leges. Answers from the COI.LEGES. 35. Is each Tutor expected to lecture on all subjects; or is there a division of subjects? 36. During how many weeks in the yeai‘ are Lectures (riven in your Society? Will you state the average number of Lectures given weekly, and the subjects? How 'many Under- graduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? 3/ . Are any members of the College required to attend any Professor’s Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise ? 38. C an you state how many members of your Foundation and how many independent members of the Society are engaged as private Tutors ? 39. Can you state how many undergraduate members of your Society are now reading with private Tutors? 40. What attendance at Chapel is required by your statutes? What attendance is actually enforced? and by what means? Is attendance at Chapel ever enforced as a punishment? 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in other ways'? 42. What is the average amount of the “Battels” of eacii independent member of your Society? W’hat was the iiighest and what was the lowest amount in the year 1849 ? 43. Will you have the goodness to supply the Commissioners with a weekly Battel Bill of the average amount, and with a quarterly Battel Bill for each of the four quarters of 1849, also of the average amount ? 44. What is the lowest yearly sum for which you have known an Undergraduate to live in your Society ? What is the lowest amount which you have known an Undergraduate to expend from his matriculation to his graduation? 45. Do you conceive that the College expenses could be materially diminished? If so, will you state in what respects? 46. Is the College library open to all members of the College, and what fees are paid to the lib rary by each member ? 47. What number of Undergraduates is your College capable of accommodating? The Answers of the different Colleges will he found in Evidence, Part lU. It will suffice in this place briefly to state the course pursued by each, in the order in v.'hich their intentions liecaine known to the Connnission. Balliol College, as a body, declined to give evidence ; but its Dean and Bursar furnislied us with a statement of its Revenues, and cojiies of its Statutes and other documents. The Master referred himself to the Visitor of the College. University College, as a body, declined to give information respecting its revenues, or to supplyus with a copy of its Statutes. Brasenose College declined to give any information. The Warden and Fellows of New College referred themselves to the Visitor of the College. All Souls College deputed its Warden to give answers to the Questions, and to furnish the Commission with a statement of its Revenues and access to a copy of its Statutes. St. John’s College consented to furnish information on all points excepting its Revenues and documents. Merlon College consented to furnish information on all points excejding its documents. The President of Magdalen College, in a letter addressed to “ the Rev. A. P. Stanley, Fellow of University College,” declined to answer. The Fellows of Magdalen declined to answer, in a sejiarate letter addressed to the Secretary of the Commission. Corpus Christi College deputed its President to give full information relating to its Revenues, and to furnish a coj)y of its Statutes and documents. The ^Varden of Wadham College returned no answer to the communications, and did not lay our questions before the College. Eight Fellows of the College communicated to the Commission in a formal letter their regret that tliis course had been adopted. Lincoln College, through its Bursar, acting on behalf of the Rector and Fellows, referred to the copy of its Statutes in the Bodleian Library, and gave an account of its Revenues. The Principals of Magdalen Hall, St. Alban’s Hall, and St. Edmund Hall, gave information regarding their Societies. Oriel, Queen’s, IVinity, Jesus, and \Vorcester Colleges have answered only by courteous acknowledgments from the heads of those Societies. The Dean of Christchurch has returned no answer. and the UNIVERSITY of OXFORD. 21 The answers of individual Tutors of the Colleges of University, Balliol Mer- ton, Corpus Christ!, Christchurch, St. John’s, Wadhain, Jesus, and Pembioke, will appear in the Evidence. At the expiration of five months from the (late of the original application to tim Vice-Cliaiicellor, durintc which time no communication had heen lecened fo the authorities of the Uiuversity in their cillective capacity, ^ that application in the following letter, which, with the Vice , a < > is subjoined ; — ArPEKDix B. Case and Legal Opinion on the paut of the University. ]\Ir. Vice-Ciianckixor, D atoning -street, March 12, 1851. 'RErVllRino to a correspoadeoce which took place belwctja us in Oct«h« “"‘I Sc=rior“ last and still writinc. in behalf of the Commissioners appointed to inquire into the ® cSine &c orihe University of Oxford, I shall be obliged by your mtorming me whethei he Commissioners may expect the favour of an early reply to the request and the inquiries ivhich I had the honour to convey to you. (Signed) S. Norwich. The Vice-Chancellor of Oxford. ajy Lord Universitg College, Oxford, March 13, 18ol. ’ . , , , • r (■ raP tiro 1 Otli instant I reeret that it has Letter from the I BEG to acknowledge the receipt o( P"'. ^ in\-eference to the communications Vice-Chancellor, not been m my power to write to you at an caihu peiiocl TTniversitv which you addressed to me in October and November last on le J o„(a,-e that this Commission I believe your Lordship and your brother CommlSSlonel^ aie au ai e ttiat ttiis .iry i:" arise,, hum .hjcircun.stauck Hal the Board of Heads of felt it to be their duty, on behalf of the University, to take the opinion ol then legal achisus. They did not receive the opinion from their counsel till the 5th instant. I beg to transmit herewith to your Lordship a copy ol this opiaion, an 1 wTlt^^Umsi, be satisfied that the case is fairly and fully stated, and you will see that tbe counsel are of opinion that the Commission is not constitutional or legal. This opinion having been so recently received, it is • what course tiie Board of Heads of Houses and Proctors wil think of such grave importance. As soon as this shall be decided, win again with your Lordship. I have the honour to he, my J^ord, Your faiiliful and obedient Servant, F. C. Pltjmptre, The Right Rev. the Lord Bishop of Nonoich. ^ Chancclloi . The following documents accompanied the Vice-Chancellor s letter : Case and Opinion on the Part of the Universitg of Oxford. the UnUeSity'^f A Commission has been issued under the QuneVs .^iS^Manual “ for Oxford, the State, Discipline, Studies, and Revenues^oi the University of Oxford, and ol singular the Colleges in the said University. The following letter has been received hy the Vice-Chancellor of the University from the Bishop of Norwich, the Senior Commissioner . Oxford University Commission, D owning-street, Oct. 21, 1850. Mr. 5 ice-Chancellor, , . , tt at • + Boo,, I have the honour of transmitting to you a copy of a Conmussioii which ^ pleased to issue to myself and six others na,ued therein f ^ ’ cipline, Studies, and Revenues of the Universitj am , Lpf„re Her Maiesty the Commis- As it is important that trustworthy information should be laid co operation, sioners venture to express a hope that, in seeking sue i in ornia lo , - confidence and that of others, whose position in the University entitles tliem to P '^hc In determining the particular mode of prosecuting these inquuiec, y ■ nnthorities “IS Strsxt ov™.™ ?=! irSfrroill'T— .-IcrVieiic., a„(l usefulness. ^ 1 am, Mr. 5b ce-Chaiicellor, Your faithful Servant, S. Norwicit. The Rev. the Vice-Chancellor of Oxford. (Signed) Appendix B. Case on the part the University of Oxford. 22 CORRESPONDENCE heticeen HER MAJESTY’S COMMISSIONERS To this Letter the followings answer* has been returned : — 'f ^ University College, Oxford, Oct. 2^, 1850. My Lord, I HAVE tlie honour to acknowledge the receipt of your Lordship’s communication of the 21st inst., on behalf of the Commissioners appointed to inquire into the State, Discipline, Studies, and Re- venues of the University aiid Colleges of Oxford, and I beg to state that I will take an early oppor- tunity for laying them before the Board of Heads of Houses and Proctors. I have the honour to be. My Lord, Y'our faithful and obedient Servant, F. C. Plumptre, Tlie Eight Eev. the Lord Bishop of Norwich. Vice-Chancellor. The above-mentioned Letters, with the copy of the Commission, and of the Questions since addressed to the Vice-Chancellor, have been laid before the Board, consisting' of the Heads of Houses and Proctors, who have appointed a Committee for the purpose of pre- paring a Case for the consideration and advice of counsel on the subject of the Commission of Inquiry. y In order to guide the Committee in their recommendations to the Board, they are desirous of obtaining the opinion of Counsel on various points in reference to the legality of the Commission, and the course which it would be proper for the University to pursue. The folloiving short statement will, it is believed, be sufficient to lead Counsel to the main subjects for their consideration : The earliest authentic Records of the University commence in the reign of Henry the Third ; prior to this period its history is obscure, and the notices respecting it, whether by historical writers or in old records, are scarcely more than traditional. It is however beyond all doubt a Corporation by prescription, and is so recopiised in the first Charters of privileges extant (those of Henry the Third). In a Commission issued in 1272 (see f Food’s Annals under that year) reference is made to the Charters granted to the University by the predecessor of Henry; but whatever they may have been, they are now lost. It would be impossible therefore to speak with certainty of its origin, or the manner of its first foundation. This has been sometimes ascribed to King Alfred. He however, even by tradition, seems only to have been a Restorer and encourager of learning at Oxford. (See Wood’s Anymls,\o\. i. part l.p. 21.) He also is said (no doubt with reason) to have founded and endowed lectureships. (Ibid. vol. ii. part 2. p. 811.) But these facts are in themselves evidence of the previous existence of the University as a school of learning. As matter of conjecture, it is more than probable that its origin was in the nature of a voluntary association of students brought together by accidental circumstances. As learning began to dawn, professors and teachers of various kinds w'ould, in the natural course of things, plant themselves in convenient localities, and gather round them pupils and scholars. Thus the germ of an academical society would be formed which ivould grow and expand by degrees, copying the forms and customs of other like institutions. Bodies of this nature would receive encouragement from kings and other patrons of learning, and by degrees endowments would be acquired. Such indeed (as far as con- jecture goes) appears to have been the history of the University of Oxford. Its Municipal privileges, its rights of Jurisdiction, and the like, could alone flow from the authority of the supreme civil power. These remarks are only material as bearing upon the question sometimes raised as to the Universities (as schools of learning) having derived their origin from the creative power of the Crown. A proposition vdiich is undoubtedly true, if meant only as referring to their corporate privileges ; but for which, if it be meant to imply original foundation, in the more proper sense of the term, there does not appear to be any sufficient authority. The grant of corporate privileges and endowments to an existing society, though some- times spoken of as “ Acts of Foundation,” have not strictly or necessarily that character (Blachstone’ s Comment, vol. i. p. 480). Nor do they (according to the same authority) draw to the grantor or his nominees any right of visitorship or control ov'er the bodies so incorporated or endowed. It is to be remarked, that in the various records relating to the University, many of them proceeding from the Crown, no reference is made to any such original foundership by the Crown. The language of a patent (of the 50th of Edward the Third) is in refer- * Note to a ^Ind edition of the Case and Opinion. The copy of this Answer ■v\’as inadvertently taken from a wrong draught of a letter; that which was actually transmitted to the Bishop of Norwich is as follows:— My I.ord and Gentlemen, University College, Oxford, October 2^, 1850. I beg to acknowlede:e the receipt this day of your communication of the 21st October, addressed to the Vice-Chancellor of the University of Oxford, inclosing a copy of tlie Commission, which Her Majesty has been pleased to issue to inquire into the State, Discipline, Studie.s, and Revenues of the University and Colleges of Oxford. I have the honour to be, _ My Lord and Gentlemen, ihe Lord Bishop of Norwich and the Oxford Your obedient Servant, University Commission. F. C. Plumptre, Vice-Chancellor. and the UNIVERSITY of OXFORD. 23 ence to the University, “ prout earn ab initio privilegiis dotavimus et eadem privilegia ArPENPix B. saepius aunmentammusf . ^ r- •<. Case on the part of For the purpose of showing the precise nature of the various acts of authority exercised University of over the University, it has been thought expedient to analyze, with as much care as time Oxford, will permit, the Annals of the University published by Anthony Wood. The accompanying Paper (No. 1.) contains such analysis (with references to the years of the different occurrences) distinguished under the following heads 1. Acts done by the Crown. 2 ^ ^ ijy the Archbishop of Canterbury, whether as Metropolitan, or as Legatus Natus of the Pope. 3. , , by the Bishop of Lincoln as Ordinary. 4. , , by the Archdeacon of Oxford. 5_ ^ ^ by Parliament and the Protedor during the Protectorate. 6. , , by Synods or Councils. 7. , , by the Pope. 8. j , by the Pope’s Legate a latere, and in particular 9. ,, by Cardinal Wolsey. Added to which is a short note or reference to the principal occurrences relating to the different digests and compilations of the University Statutes down to the Laudian Code. The accompanying paper (No. 2.) contains an analysis of the principal Chai ter s ffi-anted by the Crown to the University, and of the Act of Parliament of 13 Elizabeth, c. 29, for confirming the privileges ; and references are therein made to the passages in Wood’s Annals where they are mentioned, or the circumstances, under which they were granted, alluded to. n . • rr • u The Book of Charters of the University, called “ Becjistrnm Privilegionm Umversitahs Oxoniensisf is sent herewith. It contains the Charters of Edward p previous Charters are set forth by way of inspeximus, the Charter of Henry Vlli., and the Act of Parliament of the 1 Sth Eliz. And the Statutes of the University are a so sent, in order that the Charter of Archbishop Laud and the Charter of King Charles the First, at the commencement, may be referred to. p n c i For the purpose of reference, Wood’s Annals and Ayliffe s History of Oxfoid are also sent. The latter contains in the Appendix various Records of the University, of which a note or index is sent herewith, pajier (No. 3). _ i t u The attention of Counsel is drawn to the following authorities, which are supposed to be The Case of the Universities argued before Charles the First in Council, reported in Rushworth’s Collection, vol. i. pt. 2. p. 324, and in Ayliffe’s History of Oxford, vol. ii. p. 257, 3 Rot. Pari. p. 652. King V. University of Cambridge, 3rd Burrow, 1656, 1 Wm. Bl. 547. Rex V. Dr. Purnel, 1 Wils. 239. Comyns’ Digest (title Visitor). Blackstone’s Commentaries, vol. i. p. 480. Bacon’s Abridgment — title Corporations _(F). Philips V. Bury, Lord Haym. Rep., vol. i. p. 5. In addition to the foregoing the following Acts of Parliament are conceived to have an important bearing upon the question, with reference to the visitations ol the University subsequent to the Reformation :• — 25th Hen. VIII. c. 21. c. 22. 26th Hen. VIII. c. 1. 1st and 2nd Philip and Mary, c. 8. 1st Elizabeth, c. 1. 16th Car. I. c. 11. 13th Car. 11. Stat. l.c. 12. 1st Wm. and Mary, Stat. 2. c. 2. With respect to the question as to the right of the Crown, constitutionally, to issue a Commission of Inquiry, it may be useful to refer to the following instances of inquiries made under the authority of Royal Commissions of a somewhat similar character : 1. Commission to inquire into the Nature and Extent of Institutions m Ireland for Education E'^24. First report presented June 3rd, 18-5. , to visit the Universities of Ecotland, issued 1826; renewed 1830 and 1837. • Reports, Parliamentary Papers of 1837, 8, xxxm. — l6o9, xxix. Supp. 78, 79 of Appendix' to the Glasgow Report of 183 J, vol. xxix. 373. , ,, to inquire into the State of the Irish Church, 1830. Hansau , xxix. p 1 300 ,, to inquire into Ecclesiastical Revenues in England and Wales, 1832, 1834, xxiii. 5; 1835, xxii. 15. j , to inquire into Administration of the Poor Laws, 1832. ,, to inquire into Municipal Corporations, 1833. , , to inquire into the State of the several Bishoprics in England and Wales, 1847. Bill of Rights against Commissions. 2 . 3. 4. 5. 6 . 7. 24 COllRESPONDENCE hetmen HER MAJESTY’S COMMISSIONERS Appendix B, Case on the part the University of Oxford. It has been stated that as many as 57 Commissions have been issued since 1815, and only four ox five b^ ^lict of 1 ailiamexxt* See Ilansai d, \ol. xxix. 13o0, For lists of Commissions of Inquiry, Royal and others, see Parliamentary Papers, 1826-7, vol. xx. ,, ,, 1834, vol. xli. p. 349. ,, ,, 1836, vol. xxxvii. p. 491. , , , , 1840, vol. xxix. p. 323. ,, ,, 1842, vol. xxvi. p. 373. And Blue Books containing Finance Accounts, particularly that for 1846. The Commission relates to all Colleges. The Queen is Visitor of only three. The other Colleges have their own Visitors. The University has no endowment from the Crown applicable to its general purposes. The payments which are received from the Crown, or bb Parliamentary vote, are as follows : Paijments formerly made out of the Royal Exchequer, hut now made by the Commissioners of IVoods and Forests, by 3 Will. IV. c. 86 ; — £'. s. d. For a Preachey or Chaplain, granted by King Henry VII. . . 7 19 6 Margaret Professor ot Divinity, founded by Margaret Countess of( , ^ Richmond, Stipend, 20 marks, King Henry VII. .’ . . ( o ^ Regius Professor of Civil Law, granted by King Henry VI II. . . 34 18 0 Regius Professor of Medicine, granted by King Henry VIII. . . 36 0 0 £90 2 8 Payments made to certain Professors, formerly out of the Privy Purse, but now by Annual Vote of Parliament : — £. s. d. Professor of Modern History, founded by King George I. 1724,1 r,-i n n confirmed by King George H. 1728 . . . . . j Professor of Botany, granted 1793 ....... 100 0 0 Grant to the Physic Garden . . . . . . . . 81 10 0 Reader in Experimental Philosophy, granted circa 1810 . . . 100 0 0 Reader in Mineralogy, granted circa 1813 ..... 100 0 0 Reader In Geology, granted circa 1818 . ..... 100 0 0 Professor of Chemistry, granted circa 1818 ..... 100 0 0 £952 10 0 The other revenues of the University are derived from the Benefactions of private persons, and the dues and other contributions of the Members of the University. It has been suggested that the Commission docs not purport to compel persoixs to give information, and that therefore it is legal. It will be seen however that authority is given to send for books and papers, &c. In suyiport of the argument that it is legal because not compulsoi’y, the argument of Lord Bacon as attorney-general in 13 James I. a.d. 1615, in sxxpport of the legality of ‘ Benevolences,’ may be quoted. (See 2 State Trials, 899, ed. 1809, and 12 Co. 119 ; see also Mr. Hargrave’s Observations, 2 State Trials, 899.) The authorities of the University are anxious to do what is right in this matter. They wish to show every possible deference and respect to the Crown, but they are told that if they submit to the present Commission, they ixxay not only compromise the rights and privileges which have been enjoyed by the Univei’sity from time immemoi’ial, or been granted by the Crown and confirmed by Parliament, but that they will virtually expose the University to attacks and Commissions at the will of the Minister of the Crown for the time being, to the great disquiet, if not to the ruin of the Univei’sity, and that conse- quently it is their duty not to submit to it. Under these cii'cumstances you arc requested to advise Whether the Commission is constitutional and legal, and such as the University, or the Membei’s of it, are bound or ought to obey ; and if so, whether it is suyi- ported by the authority of the Ci-own as Visitor of the University, or by any and what prerogative, or other right ? And if the Crown be Visitor, then for what purposes is it Visitor, and in what manner must its visitatorial authority be exercised ; i. e. in the Court of Queen’s Bench, the Court of Chancery, or how otherwise ; and can that power be exerted without any complaint being alleged, or any case made to I’equire it ? If the Commission is not legal, ixor such as ought to be obeyed, then is there any, and what course which the University ought to take with a view to being relieved from it, and to procure it to be cancelled; or what course ought the University or its mcmbci’s to take for the pi’otection, in the manner most respectful to the Crown, of the rights intrusted to them ? Should any other points occur to you material for the guidance of the University or its Membei’s uixder existing circumstances, you are requested to notice them, and advise thereon. and the UNIVERSITY 0 / OXFORD. 25 Houses and Proctors. Copy of Opinion. Appekdix B. “We are of opinion that the Commission is not constitutional, or legal, or such as the the University or its Members arc bound to obey ; and that the Commission cannot be sup- Legal Advisers of ported bv any authority of the Crown, either as Visitor, or under any prerogative or other the Heads of •' Houses and As to visitatorial authority, it may be granted that formerly the Pope and other ecclesiastics interfered in the affairs of the University ; but the Universities were then considered ecclesiastical bodies, and subject to the jurisdiction of the Ordinary : and it may also be granted that the power which had been exercised by the Pope as Supreme Ordinary was, after the Reformation, claimed by the Crown, and that acts were done by it under that claim : but it is clear now that the Universities are lay, civil corporations, and this character they would have received by the Act of 13 Eliz. c. 29, if they had not pos- sessed it before ; 'and ‘ being lay corporations, the Ordinary neither can nor ought to visit, [see the case of Sutton’s Hospital, 10 Co. 3P.] and consequently the Crown cannot visit under any supposed ecclesiastical claim. . , “ The other acts of the Crown referred to in the Case do not prove any visitatorial authority ; they are either the just acts of Royal prerogative, such as for the preservation of the peace, the administration of justice, &c., or the exercise of powers given to the Crown by Act of Parliament, the most remarkable of which were those conferred by the Act of 1 Eliz. c. 1. s. 18., from which the High Commission Court took its origin (and which will be mentioned again below) ; or if extending further, they may well be referred to undefined notions in those days of the Prerogative, to the personal character of t^he Sovereign, or to peculiar necessities of disturbed periods, which are no precedents foi other times. As Lord Mansfield said on this subject, ‘ the Croivn did in fact formerly exercise a power over the Universities which cannot be supported by any sound principles of law. It is now most certain that those corporations are lay incorporations.’ Rex. v. University of Cambridge, 1 W. Bl. 550. j i u “ Again : the present Commission does not purport to be issued by the Crown as Visitor of the University, nor docs it allude to any visitatorial authority ; while on the contrary it directs inquiries as to Colleges over which, as they have their own special Visitors, the Crown can have no authority as Visitor. “The visitatorial right, properly so called, is annexed to eleeniosynary foundations alone : and it arises from the right of a donor to regulate the distribution of his gift according to his intention. The University, however, is not an eleemosynary foundation, but a civil corporation, and as such it is subject to the control of the Court of Queen s Bench, which, upon complaint, acts with regard to it by mandamus, or othei wise, as it acts respecting other civil corporations. This species of control has sometimes, though inaccurately, been called Visitatorial, [see Rex v. Chancellor etc. of Cambridge, 1 Str. Oo7, 2 Ld. Raym. 1334.1 but where there is a Visitor a mandamus will not be granted as to any matters within his jurisdiction. [See Parkinson s case, 1 Show, 74, Widdrington s case, T. Raym. 31, Rex v. Warden of All Souls Coll. Oxon. T. Jones, 174. Rex v. Alsop, 2 Show, 170.1 , . , „ “ And further, it does not appear that the Crown ever assumed or used the title ot Visitor of the University ; and it is clear that the Crown has not in any way interfered with the University since the time of James II., when the Ecclesiastical Commissions weie finally abolished. “ \Ve are consequently of opinion that this Commission cannot be supported by any visitatorial authority in the Crown. “ Next as to the constitutional and legal character of the Commission. It purports to au- thorize an inquiry in order to the expression by the Commissioners of an opinion only, not the adjudication of any disputed questions. The subjects of this inquiry, as regards the University apart from the Colleges, are its rights, franchises, and property, and the con- duct of its Members ; all of which are brought into question, not in the regular course of law, but without any accusation being stated, or any accuser appearing, without being any power to adjudicate upon and settle the questions which may be raised, and Avithout any appeal from the Commissioners’ Report, or any means of correcting inaccura- cies in their representations. r • i “ No such Commission appears to have been at any time heretofore issued respecting the University, and no like Commission has ever yet been declared valid by a court of jus- tice : on the contrary, such Commissions not sanctioned by Parliament have, even in early times, been repeatedly condemned by Parliament and by the judges. 2 Rot. Pail. 15th Ed. HI. No. 14, No. 40 ; loth Ed. III. st. i. c. 2 ; 2 Rot. Pari. 18th Ed. III. No. 3, No. 5, and resp. No. 1, 18th Ed. III. st. 2. c. 1. and c. 4 ; 3 Rot. Pari. 2nd Hen. IV. No. 22 ; 3 Rot. Pari. 5thHen. IV. No 39 ; 2 Inst. 478, 4 Inst. 163, 165, &c. 42 Ass. pi. 5.See also 2Inst. oO, 51 . “The Commissions, which in later times were issued under the great seal by Hen. VIII. and Ed. VI. were considered by Lord Coke and the other Judges in 9 Jac. I. a,s illegal, except where their powers were derived from Act of Parliament, 12 Co. 84 ; and see >^11 Robert Atkyns's discourse concerning the Ecclesiastical Commissions, in 11 State Piials, p. 1152, 11 , (ed. 1811). . , ^ . “ AfterAvards the Act 1st Eliz. c. 1. s. 18, Avhich established the High Commission Court, enabled the CroAvn to give to the Commissioners in that Court the largest poAvers eAmr legally exercised by any Commissioners ; but Avhen their C ommissions purported to give further poAvers by virtue of the Royal prerogative alone, such further powers, though ! _.i — 1 i.„ „,i:,,,i — 1 :im,,.oi contested, and the 2 S often exercised and submitted to, Avere adjudged illegal, AvheneA'er Appendix B. Opinion oftheLegi Advisers of the Heads of Houses and Proctors. 26 CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS Commissioners were restrained by Prohibition from exceeding the powers expressly given by Parliament. Lord Coke refused to act on such a Commission, considering it illegal, and holding that where a Commission is against law, Commissioners ought not to sit by virtue of it ; and all the other Judges named in that Commission concurred with him, (See 12 Co. 49, 84, 85, 88, 4 Inst. 332, Cro. Car. i 14, and Drake’s Case, ibid. 220.) “ Subseijuently, in consequence of the ‘ oppression and mischiefs ’ occasioned by such Commissions, the Act of 1 Eliz. c. 1. s. 18. was repealed by the Act of 16 Car. I. c. 11. which also enacted that thenceforth all such Commissions should be utterly void. “King James II., notwithstanding, issued upon the strength of the royal prerogative alone a like Commission, under which the memorable visitation of Magdalen College in Oxford was held. 12 State Trials, 1, &c. See also 11 State Trials, 1143, &c. “ This led to the Declaration in the Bill of Rights, 1 W. and M. sess. 2. c. 2, that that Commission was ‘ utterly and directly contrary to the known laws and statutes and freedom of the realm and it was enacted, that the Commission so issued, and all other Commis- sions of the like nature, are ‘ illegal and pernicious,’ and ‘ ought not in anywise to be drawn thereafter into example.’ “It may be said that the present Commission differs from the Ecclesiastical Commissions above referred to, inasmuch as it directs inquiry only, whereas the former Commissions directed the Commissioners to hear and determine, &c. But Commissions for inquiry and discovery alone are illegal, because they put parties to answer otherwise than ‘accord- ing to the old law of the land,’ (see Magna Charta, 9 Hen. III. c. 29., 25 Ed. III. st. 5. c. 4, 42 Ed. III. c. 3.) and because, as Lord Coke writes, ‘ under them a man may be un- justly accused by false evidence, and he shall not have any remedy ; a party may be de- famed, and he shall not have any traverse to it,’ 12 Co. 31. 64. “ It is stated to have been suggested that the Commission is legal, because it does not ])urport to give compulsory powers for obtaining evidence: but in fact the Commission does purport to give such powers. It purports to ‘ authorize and empower the Commis- sioners to call before them such persons as they may judge necessary,’ and also ‘ to call for and examine all such books, documents, yiapers and records as they shall judge likel}^ to afford them the fullest information.’ This assumption of authority is illegal ; for the Crown cannot, by its own authority, compel persons to give information, except in the regular course of administering justice, the course of which the Crown cannot alter ; and the Commissioners cannot compel persons to give evidence, and they cannot legally ad- minister an oath even to willing witnesses : and wanting these powers, they cannot secure to any party a just and fair inquiry. (See 2 Inst. 479. 719, n ; 12 Co. 19. 49 : 3 Inst. “ Lord Bacon’s argument referred to in the case, that voluntary ‘ Benevolences ’ might legally be solicited l>y the Crown, has long been exploded and condemned. The Crown and the subject arc not on equal terms in such cases ; and the Crown cannot constitutionally solicit against a subject that which it cannot command. And this principle seems especially true and reasonable as to an inquiry, in which the subject has not the safeguards or helps which the law gives for the investigation of truth, and where he has no remedy of appeal in case wrong conclusions are drawn. Many Commissions for Inquiry alone have issued in modern times, and have been generally submitted to; but none of them, so far as we are aware, have been tested in courts of justice. They have not however been invai'ially submitted to : for example, the Municipal Corjioration Commission met unqualified and successful resistance from the Merchant Tailors’ Company in London, acting under the advice of Sir James Scarlett, Sir William Follett, and Mr. Rennell. Sir James Scarlett’s very elaborate opinion on that Commission may be found in the Annual Register for 1833, p. 158. “ The like argument from modern usage was urged in favour of additions made without authority of Parliament to Ecclesiastical Commissions, but it was refuted by Lord Coke, and rejected by him and all the judges. (See 12 Co. 85, and 4 Inst. 332.) “ Considering then that the object of this Commission is inquiry alone, that it is not authorized by Parliament, that there is no precedent for such a commission as regards the University, and no judgment of any court of justice establishing any like Commission ; considering also the authorities of common law and of Parliament against such Com- missions, and tiiat serious mischiefs may ensue from it; we are of opinion that this Com- mission is not constitutional or legal, and that it is not such as the University or its Members are bound to obey. “ Having said this, we feel it scarcely our province, in advising upon matters of law and constitutional jirinciples, to express an o])inion whether or not the University or its members ought to obey this Commission : that question, if intended to be considered apart from legal obligation, seems rather a question for the Members of the University than for its legal advisers. “ It is the constitutional course and practice of the Crown to recall and cancel instru- ments which it has issued, Avhenever they have been issued improvidently or incautiously. “ If the University, having regard to the rights, liberties, and ])rivileges of its present and future Members, shall, upon consideration, think that it ought not to submit to the authority of the Commissioners until the legal validity of their Commission shall have been established by competent authority, we are of opinion that the best and most respectful course will be for the University to bring under the consideration of the Crown the nature of this Commission, in order to the discussion of its legality, and to its being recalled and cancelled if illegal; and that, for such purpose, the University should petition and the UNIVERSITY of OXFORD. 27 Her Majesty in Council, stating hi effect the loyal wish expressed in the case, ‘ to show every iiossible deference and respect to the Crown,’ the nature of the advice which the University has received respecting the Commission, the dangers which may he apprehended from the precedent if the Commission is allowed to " that the Commission may be recalled and cancelled : sidered by Her Majesty in Council, and that, in the heard by Counsel against it. continue, and to pray accordingly or otherwise, that it may be recon- latter case, the University may be (Signed) Lincolns Inn^ March 3, 1851.” G. J. Turner, Richard Bethell, Henry S. Keating, J. R. Kenyon. Appendix B. Opinion of the Legal Advisers of the Heads of Houses and Proc- tors. Shortly afterwards another case and opinion on the part of Biasenose College was transmitted to the Commission by the Vice-Chancellor, which is heie sub- joined Case and Opinion on the part of the Principal and Scholars of Brasenose College. Case.* Case and Opinion on the part of the A Commission bearing date the 31st day of August, 1850, has been issued undei the Queen’s Sign Manual, - for inquiring into the State, Discipline, Studies, and Revenues of the University ^of Oxford, and of all and singular the Colleges m the said University. A copy of the Commission is sent with this Case. On the 27th of October a letter dated from Dovvning-street, 21st October, was received by the Principal of Brasenose College in that University from the Bishop of Norwich, written on behalf of the Conimissioners, sending a copy of the Commission, and asking, in geneial teims, for information, the receipt of which letter was duly acknowledged by the Principal. On the 21st of November a printed letter, dated'from Downing-street, 18th November, from the Secretary to the Commissioners, asking for answers to 16 distinct questions, was received by the Principal, and the receipt duly acknowledged. On the 29tb of November the Principal received another printed letter, dated from Downing- street, the 28th of November, from the Secretary to the Commissioners, addressed to the Principal and Fellows of the College, asking for answers to five distinct questions. A College meeting was without delay duly convened, and the subject considered on the 2nd ot December, and an answer dated the same day was written and sent by the Principal, as diiected by that meeting. . /- i x- tv On the 7th of December another printed letter, dated from Downing-street, 6.n ot Qc- cember, from the Secretary to the Commissioners, and containing 47 distinct interrogatories, was received by the Principal. Copies of these four letters, and of the answer sent b^ the Principal on the 2nd of December, are sent with this Case. It is feared that if the authority of this Commission is admitted, the College may be ex- posed, at all future times, in the fluctuations of political parties, to attacks and influences very injurious to its peace, and to the steady performance of its duties; and it has been suggested that the Commission itself is unconstitutional and illegal, and such as cannot be properly assented to. • v- The College therefore desires to be advised by you (as mentioned below), respecting this Commission, and the course which the College and its several members ought to adopt with reference to it. The members of the College wish to act in the most respectful and loyal manner to the Crown, and at the same time to obey their statutes, to preserve unimpaired their rights and privileges, and to discharge rightly the duties to which they are bound by their oaths, and by their obligations to their founders, benefactors, and College. King Henry VIII., by his charter, dated 15th January, in the 3rd year of his reign, A.D. 1511, granted to William Smyth, then Bishop of Lincoln, and to Sir Richard Sutton, that they and either of them might found a new College in a messuage, hostel, or tenement in the University of Oxford, then commonly called Brasenose, to consist of one Principal and Scholars, to be instructed in the sciences of sophistry, logic, and philosophy ; and afterward, and above all, in divinity, and to be called by the name of “ the Principal and Scholars of the King’s Hall and College of Brasenose,” to be ruled and governed according to ordinances to be made by the same Bishop and Sir Richard, or either of them, with power to sue for and accept letters and Bulls Apostolic from the Pope for the erection and establishment of the said College, &c., notwithstanding the Statutes of Provisors. And that the said Principal and Scholars, and their successors, should be a body Corporate, and have perpetual succession, and a Common Seal, and be empowered to acquire and hold lands, tenements, &c., with power to sue and be sued. And it was further granted thereby to the Bishop and Sir Richard, that after the erection of the College they might give and grant to the said Principal and Scholars the said mes- suage, hostel, or tenement, with its curtilages, gardens, and appurtenances, and that the same Bishop and Sir Richard, or any other persons whomsoever, might grant lands, tenements, rents, &c., to the said Principal and Scholars, to the yearly value therein mentioned, with * Copies of the following Documents accompany this Case, viz.; — Commission, 3lst August 1850 ; Letter, 2lsl October, from the Bishop of Norwich to the Principal of Brasenose College ; Letter, iStli of November, to the same; Letter, 28th of November, to the Principal and Fellows; Answer, 2nd of December; Letter, 6lh of December, to the Principal ; Charter, 15th of January, 3 Henry VIII., marked A1 ; a copy of the College Statutes ; Entries in the College Books, marked B. C. D. E. F. G. H. 2 S 2 Note to the Case. 28 CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS Appendix B. Case on the part o Brasenose College power to the Principal and Scholars to receive and hold them for ever, notwithstanding the Statutes of Mortmain, or any other Statute, &c. A copy of this Charter accompanies the Case. King Edward VI., by his Letters Patent of Inspeximus, dated 1st July in the first year of his reign, recited verbatim and confirmed that Charter. And King James I., by his Letters Patent of Inspeximus, dated 2nd September in the second year of his reign in England, recited verbatim and confirmed in like manner the Letters Patent of Edward VI. A body of Statutes was composed by Bishop Smyth and Sir Richard Sutton, and afterwards revised, and the whole were ultimately reduced into systematic order, and ratified by the Seal of Sir Richard Sutton, then the survivor of the two Founders, on the 1st day of February, 13 Henry VIII., A.D. 1521, and these statutes have ever since been and are now the governing Statutes of the College. The original Endowments of the College were .given in nearly equal portions by the two Founders before named ; other Endowments were at later periods, and after the Statutes had been given, added by other Benefactors, who, however, did not annex to their gifts any stipu- lations as to visitation, &c. No Endowments have been given by the Crown. The Statutes provide, among other things, that the College shall consist of a Principal and 12 Fellows, allowing, however, additions to be made by subsequent Benefactors to that num- ber; under which permission the number has been since accordingly increased to 20 Fellows, besiiles Scholars, Exhibitioners, &c. The Statutes also provide that the Principal, after his election, and before he enters upon any duties of his office, shall swear, among other things, that he will keep, and cause to be kept by others, all the possessions, rights, liberties, privileges, and goods of the College : — That he will not, so far as he is able, permit any confederacies, &c., to be made against the advantage, good, and honour of the College, nor give any advice, help, or favour to persons making them, nor give any consent, either expressly or by implication, to them : — That he will not, directly or indirectly, ask for any dispensation against his Oath, or the Ordinances and Statutes of the College; and that if any such dispensation be obtained or offered by any authority whatsoever, or in any form, he will not use or in any way consent to it. It is further provided by the Statutes, that if any cause arises for which it is thought by the College that the Principal ought to be removed, it shall be stated on behalf of the College, to the Bishop of Lincoln, who is to remove him, if, after examination into the matter, he shall think right to do so. A Fellow, when elected, is required by the Statutes to swear, among other things, to observe all and singular the Statutes of the College, and to obey the interpretations, declarations, and expositions of them made by the Bishop of Lincoln, and not to accept or consent to any other Statutes, Ordinances, or Changes in any way derogating from or contrary to the Statutes of the Founders (Smyth and Sutton) : — that he will reveal to nobody the secrets of the College to its damage or prejudice : — that he will not ask for any dispensation from this Oath, or any part of it ; and if any dispensation be obtained by any one else, or be freely offered him, by what- ever authority or in whatever way, he will not use it. Another statute makes the consent of the Bishop of Lincoln for the time being essential to an alienation by the College of any part of their real property. By the Statute “ de Visitatione, &c ,” it is provided — in order to guard against injury from want of discipline or neglect, abuse or disuse of the Statutes, &c., that the Bishops of Lincoln for the time being shall be Patrons and Protectors of the College, Supervisors of the College and of all and singular the persons, possessions, rights, liberties, and privileges of the same, and of the Founders’ Ordinances and Statutes, and be Visitors of the College. And that it shall be lawful for the Bishop for the time being, as often as he shall be requested by the Principal and six senior Fellows of the College, or by the common consent of the whole Col- lege, and without any request, once in three years, to come to the College by himself or his Commissaries, and call together the Principal, Fellows, and Scholars, and to make minute inquiries, and to do all things necessary or fit, to the extent of removing the Principal, Vice- Principal, or any of the Fellows or Scholars, according to the exigencies of the Founders’ Statutes ; — and the Principal, Fellows, and Scholars, and all other Officers of the College, are required to attend upon and obey the Bishop. The same Statute also gives directions as to the payments to be made to the Visitor or his Commissaries upon a visitation ; but it provides that there shall not be more than one pay- ment made in one and the same year for such purpose. Copies from the College Statutes of the Oaths of the Principal and Fellows, and of the Statute “ de Visitatione,” are left herewith. The visitatorial power of the Bishop of Lincoln is undoubted, and it has been exercised from time to time, whenever occasion has required it. It was last exerted in an important matter which has been decided since the commencement of the present year. During the reign of King Henry VIII., there does not appear to have been any interference on the part of the Crown with this College after the grant of the Charter. In the third year of the reign of King Edward VI., A. D. 1549, a Royal Commission was issued to visit and reform the Colleges and University of Oxford; it was dated 8th May, and is set out in Rymer’s Foedera, Vol. xv. p. 183, of the London edition, and Vol. vi. Part III. p. 171, of the Hague edition. Under the authority of the Commissioners appointed by that Commission, one person seems to have been admitted a Probationary Fellow of this College by the seven senior Fellows, who, in the absence of the Principal (who appears not to have been present on this occasion), are by the Founders’ Statutes, the persons authorised and and the UNIVERSITY of OXFORD. 29 empowered to elect and admit Fellows : and leave of absence appears to have been given to App™ B. another Fellow upon the application ot the Commissioners. . the Case on the part of entries were made having been mutilated, the exact meaning of the -j P ■ Y Brasenose College. last one, cannot be ascertained with certainty. . hut Cardinal In the reian of Queen Mary the Crown did not interfere with the College , but Pole seems ?n the year of ou/ Lord 1556, to have exercised visatatorial authonty as Ihe Po'p " The case in a Ihch he dul so seems to have been first suhm.tled to hnn by the Principal oMlio College, who asked him to confirm by his authority the expulsion of certain BchZs The Cardinlb it will be seen, clearly ackuowledps the Bishop of Lincoln to be Visitor, and the Bishop concurs in and enforces the Cardinal ^ i PHncinal’s The result shows that the expulsion was for disobedience and rebellio g P ^'"L^the’ reiaJ^d' Q.reen EU^ Royal Commissioners appear to have recting an unfounded report, that a Master of Arts had he s^te of whereas he had in fact resicrned voluntarily ; and afterwards by looking into the state o Colleae, ordering that the battels be duly paid, the cautioii-moiiey that the accoiintl of the officers be regularly kept, and certain officers who we e were ordered to pay those arrears by a stated time; appear to have declared, that a Fellow who had not acquired Priest s Ciders uithin ■nreseribed bv tbe Colle Cf oge m ,he further than by confirming, as before mentioned, the Letters I atent of Kin^ E ^ , ' l irlhe reian of Kin646, Iheve was a.. made bv the Lofds and Commons for abolishing Archbishops and Bishops (see Scobell s Acs Pak I. p. bb) ; and on the 1st of May, 1647, a like Ordinance, appomlino isi The biter remdatinn and reformal ion of Ihe University of Oxford, and the sevm-al Colleges and Halls in tie” ame, “and also appoinling a Standing Committee of Lords and Commons ,0 hear and determine Appeals from the Visitors (fi. 116). , oV,r>r,<;bpd in 1648 Afterwards, the King having been murdered, and the House of there was on the 2nd September, 1654, an Ordinance by Cromwell and Ins Council tor applTing Visitors for both' Universilies (ffi^Par. 11., p, 366), who wee >° power as any former Visitors had, which Ordinance was confirmed by him and his l^ariia mTt in 1^6 (cap 10, ib., p. 394), and continued for six months after the end of the fi st Session of that pLliament. ^Tbe Visitors tlms appointed interfered frequently and violentU with the College and its Members, ejecting Dr. Radcliffe, the_ Principal, and many of the Fellows, and substituting Mr. Greenwood in place of the Principal, and other persons m orre'"Thc last sc of these Visitors, the Bishops of Lincoln are described as ■■ &Itf wZ^nC Ze®wZn’t’ opposition from College. The Princlgl, Dr Radcliffe. was thus ejected on the 20th January, 1647, ‘''<=4 26lh Ju^ which the Fellows, not noticing what had been done by the Visitois m a^ointin . :I,od in Dr. Radciiffe's place, put np a citation for the V orLSb. i 13th Tulv 1648 they elected Dr. Yate, who was admitted by the Bishop of Lincoln as V isitor. Mr, Sm-ood,’ however, having the support of the parties then in power, con.mued tn pos- session until the restoration of King Charles II. tccp , i tPoi tVip riiancellors After the restoration, the House of Lords, 4th ot J.nie 1660 ordered of the Universities should take care that the several Co eges le . tt jg^°jpg pgl- respective Statutes, and that persons who had been unjustly put out of then Headships, Be '“'if a the Chancellor of Oxford Commlss^ Visitors, who made some inquiries, with a view to a Report on the ^ g j But afterwards they applied for and obtained a Commission under the G ^ dated 23rd July, 1660, appointing the same persons (with tvvo ^''®®P Visitors, who held a Visitation which continued about ten weeks, and ^^^im y ^ removal of Mr. Greenwood, and directed the restoration of Dr. Vate. ey removal of three persons who had been unduly put into hellous ips^, , ^ . ^ xpegy who had been unlawfully ejected, should be received again mto their Fellowships, orders and directions seem to have been carried into effect by the CoUege This Royal Commission of King Charles II. is mentioned and le g TheTst'’ife.frcnce’o‘i; o'e part of the Crown with this College, until the Commission of oO CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS Appendix B. 31st of August, 1850, was by King James II., wlio by Letters Patent, dated 3rd of May in Case on the part of to one of the I'ellows a dispensation licensing Brasenose College, himsell from the church, chapel, or place of common prayer, as used in the Clunch o, England, and to abstain from receiving or administering the Sacrament of the Eorcls bupper according to the usage of the said Church, and from taking the Oaths of Allegiance and Supremacy, or making or subscribing any Declaration, &c., required by the Act lor “Uniformity of Public Prayers” (13th and 14th Car. 11.), or any other Act or thino in conlormity vvnih the doctrine, discipline, or Liturgy of the Church of England, which by reason ol his Fellowship, the Statutes of the Realm, or the Statutes or Customs of the University, or of his College, he was obliged to perform or subscribe, and allowing him to lio d his fellowship notwithstanding, and dispensing with all Acts of Parliament and Statutes ot tile Uiiiversiiy or College to the contrary. It will not be forgotteii that this a.ssiimed power of the Crown to dispense with laws and tae execution of laws is the first of the violations of the laws and liberties of the kiimdom stated III the Act o( Parliament called “ The Bill of Rights” (I Will, and Mary, sess 2 cap. 2), as leading to the “abdication ” of King James II. The third of such violations, it will be remembered, IS the revival of the Commissioners for Ecclesiastical Causes; and the Act declares that such dispensing power, and the late exercise of it, are illegal, and that the Commi.ssion for erecting the Court of Commissioners for Ecclesiastical Causes, and all other Uommissions and Courts of like nature, are illegal and pernicious. There has been no attempt on behalf of the Crown to interfere in any way with the riahts property or regulatioi^ of this College since the grant of the dispensation above-mentioned’, until the issue of the Commission, dated the 31st of August, 1850. Copies of the eyries in the College Books relating “to these several acts on the part of the Urowii and or the Pope s Legate accompany this case. Under these circumstances you are requested to advise on behalf of the Principal and oclioiars of Brasenose Colleofe — ^ O Whether the Commission of the 31st of August, 1850, is, as respects Brasenose Co lege, constitutional and legal, and such as the College or its Members are bound or ought to obey. And it so, then, upon what prerogative or other right of the Crown it is founded. It the Commission is not constitutional or legal, or such as Members of the Colleo-e are bound to obey, then can such Members, consistently with their duty and obligations “to tie College, give information to the Commissioners respecting the College? Andean those who have in their possession papers or documents belonging to the College be in any and what manner restrained from producing them, against the will of the CoTleo-e to the Commissioners ? ^ And IS there any and what course which the College ought to take with a vievv to being relieved from the Commission and its possible ill consequences? And how ouaht the College or its Members to act, so as best to discharge their duty and protect the rights intrusted to them, in the manner most respectful to the Crown ? Should any other points occur to you, material for the guidance of the Colleofe or its 1 lembeis in this matter, you are requested to notice them and to advise thereon. Opiniun oftheLeyal Advisers of Brase- nose College. Copi/ of Opinion. We aie of opinion that the Commission of the 31st August, 1850, is not, as respects B.asenose College, constitutional or legal, and that it is not such as the College or its Members aie bound to obey ; and that the Commission cannot be supported by any preroo-ative or other right m the Crown. J J i ^ Ihis College, like all other Colleges in the Universities, is a lay eleemosynary corpora- In such Foundations the persons who first endow are the founders,! and, by common law, t le l ight of visitation belongs^ to them and their heirs, or to the persons whom such Founders appoint to be visitors, and to no others. Bishop Smyth and Sir Richard Sutton were the co-founders by whom Brasenose College was oiigiually endowed, and under their appointment the Bishop of Lincoln for the time beino- IS Aisitor of the College. ” The subsequent benefactors having made no stipulation as to Visitation, their endowments and New Foundations are subject § to the same Visitatorial authority as the Original Founda- tion, and the Bishop of Lincoln is consequently Visitor of the whole Society and all its revenues. ■■ I he Visitor s jurisdiction (which, as Lord Hardwicke, || Lord Mansfield, H and others ha\e shown, is the most convenient jurisdiction for the purposes for which it is intended) springs fiom the rights of property which entitle** a Founder to regulate the conditions on which the objects ol his endowment shall enjoy the property given by him. By the Common Law, the authority of a Visitor ff is absolute and final as to all matters Note to the Opinion. •-* Rex V. New College, Oxford, 2 Lev. 14. Philips v. Bury, Ld. Raym. C. S. I Case of Sutton’s Hospital, 10 Co. 33“ . J Philips v. Bury, Ld. Raym. 8. pi^ 1 Ves. 473. St. John’s College v. Toddinaton, 1 Burr. 199. Rex v. Bishop of Ely, 1 Will. Bl. 87. II 1 Ves. 79. if l Burr. 198. 1 Will. Bl. 82. - Lev. 15, 16. Green v. Rutherford, ] Ves, 472. ' Y ill. Bl. 82. St. John’s College v Toddington, 1 Burr. 199. Rex v. Bishop ol Chester, 1 \tils. 209. Rex v. Grundon, 1 Covvp. 322. Berkhampstead School Case, 2 V. and B. 134. Kcx t’. Alsop, 2 Show 170. Attorney-General v. Talbot, 1 Ves. 79. Widdrington’s Case, 1 Lev. 23. Rex V. Neu College, 2 Lev. 15, IG. Philips v. Bury, Ld. Raym. 8. and the UNIVERSITY of OXFORD. 31 Appendix B. within his jurisdiction, and his power as to those matters cannot be taken away, exercised, or controlled 'by any other authority, excepting of course the - , p Opinion of the Legal “ The present Commission purports to authorize an inquiry (the object of which is wliolly of Brase- undefined) into the state, discipline, studies, and revenues ot the College, and to empower the College. Commissioners to call persons before them for examination, and to call lor and examine sucli books, documents, papers, and records, as they think proper. But these subjects of inquiry are matters which belong- to the exclusive junsdic ion of the Visitor, and are comprised in the various matters particularly pointed out for Ins attention by the College Statute ‘ de Visitatione.’ , . ■ ^ r „ „„„ “ That; therefore, which the Commission purports to auttiorise would be an interfere with and exercise of the Visitor’s authority. But the Courts of Cornmon Law and Equity have repeatedly decided that they cannot interfere with or exercise the Visitor s authority , and the Crown canLt by prerogative create any new Court or authority with powers contiary other than those of the Common Law. . , , tt- ’ i • • « We are of opinion, therefore, that this interference with the Visitors exclusive juiisdiction renders the Commission illegal and unconstitutional as it respects Brasenose College. We are also of opinion, that this Commission is, as it affects the College unconstitutional and illeo-al for the reasons given in our Opinion, dated the 3rd of March, 1851, respecting us const itudonal and legal character as it regards the University of Oxford apart from i s Colleges, and which reasons we do not now repeat, because that Opinion has been since pu lished and communicated to the College. • i • i » “ As to the question whether Members of the College can, consistently with their duty and obligations to the College, give information respecting it to the Commissioners, vye feel that in advisitm upon matters of law, we ought not to express an opinion upon any duties or obli- Sat lonAxcept such as are of a lepal raSure; as to those we are of optmon that Members of the College cannot legally be required to give any such information ..... , » And that whatever justification or protection a person might have in giving information to a legally constituted tribunal, he can have none from the present Commission, it, by voluntai i y mvina information under it, he violates any statute of his College, or any duty or obligation “ The oath* * * § of a Member on the Foundation of the College, has, in addition to its other obligations, the force of a Statute ; and the question, whether in any particular case any such Member of the College shall have off’ended against his duty and obligations to the College by givitm information, must depend on the nature of the information, and the circuinstances ot the case.'’ The question, should it arise, will be one for the decision of the ^ isitor, who, ii he finds that' such an offence has been committed, will also have to decide what penalty or consequences have been thereby incurred by the offender. i u “ As to any other Members of the College not expressly recognized by he Statutes, they aref mere Boarders, bound, while they continue such, to obey the rules ot the Society, and subject, not to the Visitor, but to the auUiorities of the College, who may remove them at their pleasure, and give directions for their conduct in the mean time, directions which it will be their duty to obey, either in regard to the Commission or otherwise. , . “ With regard to papers and documents belonging to the College, the College has a right to give directions as to their custody and disposition, and may remove them from the pos.session of Inv person who may be supposed likely to produce them improperly. 1 he mode ot pro- ceeding against any suc-h person, if he should resist the College, will depend on the re ation in which he stands towards it. If he should be a Member, the course of proceeding would be by a College order, and if necessary, an application to the Visitor. “ If not a Member, but a person who has got possession of the documents or obtained in- formation in the course of confidential communications, or by reason of a fiduciary relation between himself and the College, the Court of Chancery would probaby interfere to compel him toj deliver up such documents, and, in the mean time, on an immediate application, to restrain § him from disclosing information so obtained. i . i • ti “ If the Colleo-e shall deem it incumbent on them in the discharge of their dutj’^, and in ttie protection of the^rights entrusted to them, not to submit to this Commission until its legality shall have been duly established, we are of opinion that the most constitutional and most respectful course for the College to take will be to petition Her xMajesty in Council, lepiesent- incf the loyal and respectful wishes of the College as stated in the case, the dangeis vv iic i are apprehended from the Commission, and the advice which the College has received respecting it, and praying that the Commission may be recalled and cancelled, or supCTseded so far as regards Brasenose College; or otherwise that it may be reconsideied by ei^ ajes y in Council ; and that in the latter case the College may be heard by counsel against it. “ G. J. Turmkr. “ Richard Bethell. “ Henry S. Keating. “ Linjcolris Inn, March 10, 1851.” “ Kenyon. On receiving this intimation, that the act of the Crown in issuing the Com- mission was impugned, the Commissioners felt it to be their duty to communicate the circumstance to Lord John Russell, as recorded in the following jMinute . * Stat. Brasenose College, cap. 7 and 8. t Ex parte Davison, quoted 1 Cowper, 3l9. t See Jackson ri. Butler, 2 Atk. 306. Wood «. Roweliffe, 3 Hare. 304, 2 1 lull. 382. ,a § See Evitt v. Price, 1 Sim. 483. Yovett v. Winyard, 1 Jac. and W. 394. Cliolniondcley v. Clinton, 19 Ves. 261. 32 CORRESPONDENCE between HER MAJESTY’S COMMISSIONERS Ai’Pekdix B. Minute of March 18, 1851. Communication of Hei- Majesty's Com- missioners with Lord John Russell. A communication having been received from the Vice-Chancellor of the University of O.xford, comprising a case submitted by the University Authorities to Counsel, and the opinion of Counsel thereon, together with a letter from the Vice-Chancellor It was resolved to lay the case and opinion before Lord John Russell, and to represent to him that so long as the act of the Crown in issuing the Commission is subject to the imputa- tion which the opinion throws on it, of being not legal, the Commissioners anticipate serious obstructions to their inquirv. ^ That they, therefore, submit to Lord John Russell the question whether it will be advisable or not for him to take some step which may satisfy those who entertain doubts of the lethality of the Commission, and are therefore deterred from giving evidence. ° The Solicitor of the Treasury was accordingly instructed by Lord John Russell to submit the case of the Board of Heads of Houses and Proctors to the Queen’s Advociite-General, the Attorney-General, and the Solicitor-General, with other documents, which will appear in Appendix C. The opinion of the Law Officers of the Crown is here subjoined : — Officers" of the Crown {Sir John Dodson, Advocate- General Sir A. J. E. Crown.* ° ^ Cockhmi,^ Attorney -General, and Sir W. P. Wood, Solicitor- General), respecting the legality and constitutional character of the Oxford University Commission. We are of opinion that the Commission which has been issued under the Queen’s Sign Manual, for inquiring into the state, discipline, studies, and revenues of the University of Oxford, and ot all and singular the Colleges in the said University, is not in any respect illegal or unconstitutional. ° In arriving at this conclusion, we have given full attention to the case on the part of the University ot Oxford, and the opinion of Counsel thereon, whicli have been submitted to us. It appears to us that the authorities on the subject of Special Royal Commissions relied on in that opinion are quite beside the present question. The Commissions prior to that issued by James II. are referred to in the margin of the passages cited in the above opinion from Lord Cokes Reports, and from his fourth Institute. They resolve themselves into, Istly, Com- missions to impose burdens upon particular districts, such as providing vessels, &c., without the authority of Parliament ; in other words, illegally taxing the subject by the sole authority of the Crown. 2ndly. Comrnis.sions armed with power of fine and imprisonment. Srdly. Com- missions to hear and determine offences in a manner contrary to law ; both which classes of Commissions were clearly illegal, as superseding the established law and tribunals of the land, and establishing new jurisdictions unknown to the law. 4thly. Commissions to hear and inquire into oflfences without determining them ; — also a course of proceeding unknown to and contrary to the law. It is to this latter sort of Commission that Lord Coke refers in his Twelfth Report, page 31 (as is plain when the whole passage is cited), when he says, “ No such Commission was ever seen to enquire, i. e., of crimes.” And it is to such a Commission that he applies the remark that, “ A man may be unjustly accused by false evidence, and shall not have any remedy.” The Commission of James 1 1., which was condemned by the Bill of Rights, “ together with all other Commissions of like nature,” was a Commission to the persons therein named, to hear and determine all ecclesiastical offences which by law are determined by the Eccle- siastical Courts, including powers for deprivation of Ecclesiastics, and piiiiishment of adultery and other offences, which are the subject of Ecclesiastical jurisdiction, and a power also to award the costs ot suit ; and it further purported to authorize them to alter the statutes, not only ot the Universities but of “all Cathedrals and Collegiate Churches, Colleges, Grammar- schools, and other Ecclesiastical Corporations.” Here again was a substitution of a new jurisdiction for the constituted tribunals of the country, and a direct and open violation of public and private rights. It is obvious that there is nothing in common between Commissions of this nature and a Commission ot Inquiry, such as is now before us, — a Commission issued by the Crowm for the purpose of obtaining infoi mation on a matter of public concern, without the assumption of any compulsory powers, and whose sole authority is derived fi-om tlie respect with which it may be expected that a Royal Commission will be treated by Her Majesty’s subjects, more especially by public bodies and constituted authorities. There is no autliority which appears to us to throw any doubt upon the legality of a Com- mission ot Inquiry ot this nature. We observe that Sir James Scarlett, in giving his opinion that the Merchant Tailors’ Company could not be compelled to answer the inquiries put to them by the Municipal Corporation Commissioners, admits that ‘'Commissions of Inquiry may be the source of much useful information furnished voluntarily.” Furthermore, these Commissions have now been sanctioned by very frequent usage in modern times. Several of them have been suggested by addresses of the Houses of Parliament, and have included, as Com-missioners, Judges of the Superior Courts, Law Officers of the Crown, and barristers of the highest eminence, who have acted and reported thereon, — it is to be presumed, with a full belief that the authority under which thev acted was neither unconstitutional nor illegal. and the UNIVERSITY 0 / OXFORD. 33 We therefore see no reason to clonbtthe perfect propriety of the present commission on legal or constitutional grounds. (Signed) John Dodson. A. J. E. CoCKBURN. Doctors' Commons, April 10, 1851. W. P. Wood. Appendix B. Opinion of llie Law Officers of tlie Crown. Tliis ojtinion tva.s communicated to the Vice-Chancellor in the following letter, to which is subjoined tlie Vice-Chancellor’s answer: — Oxford University Commission, Downiny-street, Mr. Vice-Chancellor, A/ay 3, 1851. Letter to the Vice- In consecpience of your letter of the 13th March last, enclosing a legal opinion that Chancellor. Her Majesty’s Commission for inquiring into tlie State, Studies, &c., of the University of Oxford is “ not constitutional or legal,” the question has been submitted to Her Majesty’s legal advisers. Having obtained permission to make known their opinion, I have the honour of transmitting to you a copy of it, for the purpose of having it communicated to the Board ol Heads ot Flouses and Proctors. (Signed) S. Norwich. My Lord, University College, Oxford, May 5, 1851. I BEG to acknowledge the receipt of your Lordship’s communication ot the 3rd inst.. Letter from the enclosing a copy of counsel’s opinion in reference to the University Commission, which has this Vice-Chance or. dav been laid before the Board of Heads of Houses and Proctors. May I be allowed to ask whether there woidd be any objection on the part of the Commis- sioners to the Board having some copies of this opinion printed, for distribution among other members of the University besides the members of the Board of Heads of Houses and Proctors, if it should be found desirable. I avail myself of this opportunity to express my regret that in the case submitted for a legal opinion on behalf of the Board of Heads of Houses and Proctors (a copy ot which 1 trans- mitted some time ago to your Lordship), there should have been an error in regard to the letter therein stated to have been sent by myself in reply to your communication ot the ‘21st of October last. The letter was inadvertently copied from the draught ot an answer, which it has since appeared was not actually sent to your Lordship. I beg to remain, my Lord, Your faithful servant. The Right Rev. the Lord Bishop of Norwich. F. C. Plumptke, Vice-Chancellor. The next and last communication from the Vice-Chancellor was as follows : — ■ My Lord, University College, Oxford, May 13, 1851. I BEG to inform your Lordship that it has been resolved at a meeting ot the Board of Heads of Houses and Proctors, on the 12th instant, to propose to Convocation, on Wednesday i„cio'gin^acopy the 21st inst., to affix the University Seal to a humble petition to Tier Majesty the Queen in Petitioifof the Uni- Council, praying to he heard by counsel against the Oxford University Commission. I enclose versity to Her a copy of this petition. Majesty in Council. I trust it is unnecessary to assure your Lordship and your brother Commissioners that the Board, in adopting this resolution, have been influenced solely by a sense of what they con- ceived to be their duty towards the University ; and they trust that in so doing they may not be considered to show any want of courtesy and respect for those who have been appointed to act under this Commission. I have the honour to be, my Lord, Your faithful servant, F. C. Plumptre, The Right Rev. the Lord Bishop of Norwich. Vice-Chancellor . At a Meeting of the Board of Heads of Houses and Proctors : — The opinion of counsel having been taken upon the constitutional and legal character of the Commission of Inquiry into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford, and that opinion being that that Commission is not constitutional and legal : In Convocation to be holden on Wednesday, the 2Ist instant, at two o’clock, it will be pro- posed to affix the University seal to the following humble Petition, as settled by counsel, to the Queen’s Most Excellent Majesty in Council. F. C. Plumptre, Delegates' Room, May 12, 1851. Vice-Chancellor. In the Privy Council. To the Queens Most Excellent Majesty in Council. The Humble Petition of the Chancellor, Masters, and Scholars of the University of Oxford, Showeth, That the University of Oxford has from time immemorial been an University or Body Corporate, which, since the passing of the Statute made in the Parliament holden in the 13th year of the reign of Queen Elizabeth for the incorporation of both the Universities, has been 2 T' 34 CORRESPONDENCE leticeen HER MAJESTY’S COMMISSIONERS ArPEXDix B. Petition of the Uni- versity to Her Majesty in Council. and is known by the said name or style of The Chancellor, Masters, and Scholars of the Uni- versity of Oxford, and your petitioners have had and enjoyed, and still have, and are justly entitled to, divers rights, franchises and privileges, as well by prescription as by various Charters and Letters Patent granted by divers' of your Majesty’s Royal predecessors, and also by the aforesaid Statute, by virtue of which your Petitioners and tlieir predecessors have been and still are a Civil Corporation, justly entitled to the sole care, supervision, government, and correction of the same University, and of all members thereof, and to the sole regulation and direction of the state, discipline, and studies of the same University and its members, and also to the sole care, management, and disposal of the property and revenues of or belonging to the same University. That your Petitioners have used and exercised, and are still using and exercising, their several rights and privileges, in accordance with the principles of their constitution, for the maintenance of true religion, the advancement of literature and science, and the virtuous education of youth within their University. I'hat your Petitioners humbly believe that in such use and exercise of their said rights and privileges they and their predecessors have greatly contributed towards the improvement, wel- fare, and happiness of Your Majesty’s subjects, to the supply of persons qualified to serve in Church and State, and to the honour of this kingdom. That a Commission under Your Majesty’s Royal Sign Manual, and countersigned by one of Your Majesty’s Principal Secretaries of State, has been issued, bearing date the 31st day of August, 1850, a printed copy of which was, on or about the 21st day of October, 1850, trans- mitted by the persons therein named as Commissioners, to the Vice-Chancellor of the said University, and was in the words and figures following (that is to say) — “ VICTORIA R. “ Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Right Reverend Father in God, Samuel Bishop of Norwich ; Our trusty and well-beloved Archibald Campbell Tait, D.C.L., Dean of Carlisle; Francis Jeune, Clerk, D.C.L., Master of Pembroke College in Our University of Oxford ; Henry George Liddell, Clerk, M.A., Head Master of St. Peter’s College, Westminster; John Lucius Dampier, Esq., M.A., Vice- Warden of the Stannaries of Cornwall ; Baden Powell, Clerk, M.A., Savilian Professor of Geometry in our University of Oxford ; and George Henry Sacheverell Johnson, Clerk, M.A., of Queen’s College in our University of Oxford, greeting : Whereas We have deemed it expedient, for divers good causes and considerations, that a Commission should forthwith Issue for the purpose of inquiring into the State, Discipline, Studies, and Revenues of our University of Oxford, and of all and singular the Colleges in Our Universities: Now know ye, that We, reposing great trust and confidence in your knowledge, ability, and discretion, have authorised and appointed, and do by these presents authorise and appoint you, the said Samuel Bishop of Norwich, Archibald Campbell Tait, Irancis Jeune, Henry George Liddell, John Lucius Dampier, Baden Powell, and George Henry Sacheverell Johnson, to be Our Commissioners for inquiring into the State, Discipline, Studies, and Revenues of Our University of Oxford, and of all and .singular the Colleges in Our said Universiiy. And for the better enabling you to carry these Our Royal Intentions into effect. We do by these presents authorise and empower you, or any four or more of you, to call before you, or any four or more of you, such persons as you may judge necessary, by wliom you may be the better informed on the matters herein sub- mitted for your consideration ; also to call for and examine all such Books, Documents, Papers, and Records as you shall judge likely to afford you the fullest information on the subject of this Our Com- mission, and to inquire of and concerning the premises by all other lawful ways and means whatsoever. And it is Our further will and pleasure that you, or any four or more of you, do report to Us, in writing, under your hands and seals, within the space of two years from the date of these presents, or sooner if the same can reasonably be, your several proceedings by virtue of this Our Commission, together with your opinions touching the several matters hereby referred for your consideration. “ And We will and command, and by these presents ordain, that Our Commission shall continue in full force and virtue, and that you. Our said Commissioners, or any four or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment. _ “ And for your assistance in the due execution of these presents We have made choice of Our trusty and well-beloved Arthur Penrhyn Stanley, Clerk, Master of Arts, to be Secretary to this Our Com- mission, and to attend you ; whose services and assistance We require you to avail yourselves of from time to time as occasions may require. Given at Our Court at St. reign. James’s, the 1st day of August, 1850, in the 14th year of Our “ By Her Majesty’s Command, ^ “ G. Grey.” That the said Commission is not sealed by any seal or signet, and your Petitioners believe there is no former instance of such a Commission having issued with respect to the said Uni- versity. . -j That your Petitioners beg most humbly to represent to Your Majesty that the said Com- mission, and the powers therein expressed to be granted, are inconsistent with the legal rights and privileges of your Petitioners, and that in consequence thereof your Petitioners are placed in the painful situation of being compelled either to give up their just legal rights and liberties, or to decline obedience to the Commands of Your Majesty. _ • u -r That your Petitioners are advised, and humbly beg leave to submit to Your Majesty, that if there existed any cause of complaint against your Petitioners, the same should have been openly preferred and decided in some one of Y^our Majesty’s established Courts of Justice, and according to the known laws of the land, but that the said Commission has been issued bj and the UNIVERSITY of OXFORD. 35 the advisers of Your Majesty without your Petitioners having had any opportunity of being Appendix B. heard respecting it, and without tlieir having received any previous intirnation of complaint ; „ Uni- and that the so doing does, in an undefined manner, and without assigning any charge, impute blame to your Petitioners, and invite secret accusations against them, which your 1 etitioneis Majesty in Council. humbly submit is not only contrary to Your Majesty’s love of justice, but also is calculated to create general distrust, to impede the course of improvement, and to destroy that confidence and stability which are essential for the well-being of an University. That your Petitioners, feeling the most loyal affection for Your Majesty, and earnestly de- sirino- to manifest their duty, and obedience to your authority, did not venture to approach You? Majesty with the language of complaint until they had ascertained by careml investiga- tion the true nature and extent of the rights, privileges, and franchises which have been ^ranted to your Petitioners by Your Majesty’s Royal predecessors, and confirmed to them by Statute ; and also had been advised that the said Commission was not m conformity with the law, and must be taken to have been improvidently issued. _ _ That your Petitioners being thus advised, and believing that the said Commission is uncon- stitutional and illegal, forthwith communicated the same to the Commissioners acting under the said Commission for their consideration. That the said Commissioners are, notwithstanding, continuing to act under the said Uom Your Petitioners therefore humbly beg leave to approach Your Majesty with this theii Petition, and humbly pray that Your Majesty will be graciously pleased to direct that^the said Commission be forthwith revoked and cancelled ; or that, if necessary. Your Majesty wdl be graciously iileased to direct this Petition to be taken into consideration before \ our Majesty in Council, and that Your Petitioners may have Your Majesty’s permission to attend such Council, and full liberty to be heard before the same by their Counsel learned in the Law, am that on full investigation and discussion of the matters aforesaid, Your Majesty will be pleasec to direct the said Commission to be annulled, or to make such other order respecting the same as to Your Majesty, in your grace and wisdom, shall seem fit. And Your Petitioners will ever pray, &c. We approve of this draft petition. Richard Bethell. “ Lincolns Inn, May 7, 1851.” This Petition was sanctioned in the House of Convocation by a majonty of 249 to 105, on the 21st of May, 1851. The following is the Order in Council with respect to the above Petition : At the Court at Buckingham Palace, the 17th day of July, 1851. Present : The Queen’s Most Excellent Majesty in Council. Order in Oouncil^^ Whereas there was this day read at the Board, a Report of a Committee of the Lords of Her Majesty’s Most Honourable Privy Council, dated the 14th of this instant July, in the words following, viz. : — Your Majesty having been pleased by your Order in Council of the 25th day of June last to refer unto this Committee the humble Petition of the Chancellor, Masters, ant Scholars of the University of Oxford, praying for the reasons therein set forth that your Majesty would be graciously pleased to direct that the Royal Commission bearing ^te the 31st day of August, 1850, issued for the purpose of inquiring into the State, Dis- cipline, Studies, and Revenues of the said University of Oxford, and of all and singulm the Colleges in the said University, be revoked and cancelled, or that, if necessary. Your Majesty would be pleased to direct the said Petition to be taken into consideration before Your Majesty in Council, and that Your Majesty’s Petitioners might have permission to attend such Council, and full liberty to be heard before the same by their counsel leainec in the law ; the Lords of the Committee, in obedience to Your Majesty s said Order of Reference, have this day taken the said Petition into consideration, and do agree humbly to report, as their opinion, to Your Majesty, that it would not be advisable for Y oui Majesty to comply with the prayer of the said Petition. Her Majesty having taken the said Report into consideration, was pleased, by and with the advice of Her Privy Council, to approve thereof. At a later date the following copy of a similar petition on the part of Braseiiose College was transmitted to the Commission. Scholars, and the . ^ -1 Visitor of Brasenose To the Queen s Most Excellent Majesty in Council. College, to Her The Humble Petition of the Principal and Scholars of the King’s Hall and MajesVin Council. College of Brasenose, in the University of Oxford, and of the Right Reverend John Lord Bishop of Lincoln, the Visitor of the same College, Sheweth, That King Henry the Eighth, by his Charter, bearing date the 15th day of January, in the third year of his Reign, granted to William Smyth, then Bishop of Lincoln, and to Sir Richard Sutton, that they, and either of them, might found a new College in a messuage, 2 T 2 cG CORRESPONDENCE heticeen HER MAJESTY’S COMMISSIONERS ArPExmx B. Petition of ilic Principal and Scholars, and the Visitor of Brasenose College, to Her Majesty in Council. hostel, or tenement in the University of Oxford, then commonly called Brasenose, to consist of one Principal, and Scholars to be instructed in the Sciences therein mentioned, and afterward, and above all, in Divinity, and to be called by the name of the Principal and Scholars of the Kino’s Hall and College of Brasenose, to be ruled and governed according to Ordinances to be made by the same Bishop and Sir Richard, or either of them ; and that the said Prncipal and Scholars, and their successors, should be a body corporate, and have perpetual succession and a Common Seal, and have power to acquire and hold lands, tenements, and hereditaments, together with power to sue and be sued, and other rights and privileges. 'I'hat the said Charter was afterwards confirmed by Letters Patent of King Edward the Sixth, bearing date the 1st day of July, in the first year of his reign, and by Letters Patent of King James the First, bearing date the 2nd day of December, in the second year of his reion in England. ° That under or by virtue of the .said Charter, the said Bishop Smyth and Sir Richard Sutton duly founded the said College, and composed a body of Statutes or Ordinances for the regula- tion and government of the same, and of the members thereof, which Statutes or Ordinances were afterwards revised, and ultimately reduced into systematic order, and duly ratified by the seal of the said Sir Richard Sutton, then the survivor of the said Founders, on the 1st day of February, in the thirteenth year of the reign of King Henry the Eighth, and the same have ever since been, and are now, the governing statutes of the said College. That the oiiginal endowments of the said College were given in nearly equal proportions by the said two Founders, and the said Founders duly appointed the Bishops of Lincoln for the time being Visitors of the said College. That other endowments were at later periods added by other private benefactors, but such other benefactors did not annex to their gifts any stipulation as to visitation. That the said College has not at any time received any endowment from the Crown or from any public source. That your Petitioners beg humbly and dutifully to represent to Your Majesty that your Peti- tioners, the said Principal and Scholars, are, under the circumstances aforesaid, a lay eleemo- synary foundation, and that your Petitioner, the said Bishop of Lincoln, is the sole Visitor thereof, and of all and singular the members of the said foundation, with full power to provide against want of discipline therein, or neglect, abuse, or disuse of the said Statutes ; and to make minute inquiries, and to do all things necessary or proper to the extent of removing the Principal, Vice-Principal, or any of the Fellows or Scholars thereof, according to the exigencies of the said Statutes ; and that the members of the said College are bound by solemn obliga- tions to ob.serve the Statutes of the said College, and to obey the interpretations, declaratioms, and expositions of them made by their said Visitor, and not to accept or consent to any other Statutes, Ordinances, or changes in any way derogating from, or contrary to, the said Sta- tutes; and not to reveal the private matters of the College, to its damage or prejudice. That a Commission under Your Majesty’s Royal Sign Manual, and countersigned by one of Your Majesty’s Principal Secretaries of State, has been issued, bearing date the 31st dav of August, 1850, a printed copy of which was on or about the 27th of October, 1850, transmitted by the persons therein named as Commissioners to the Principal of the said College, and was in the words and figures following (that is to say). “ VICTORIA R. “ Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the Right Reverend Father in God, Samuel Bishop of Norwich ; Our trusty and well beloved Archibald Campbell Tait, D.C.L., Dean of Carlisle ; Francis Jeune, Clerk, D.C.L., Master of Pembroke College in Our University of Oxford ; Henry George Liddell, Clerk, M.A., Head Master of St. Peters College, Westminster ; John Lucius Dampier, Esq., M.A., Vice-Warden of the Stannaries of Cornwall ; Baden Powell, Clerk, M.A., Savilian Professor of Geometry in Our University of Oxford ; and George Henry Sacheverell Johnson, Clerk, M.A., of Queen’s College, in Our University of Oxford, greeting: Whereas We have deemed it expedient, for divers good causes and considerations, that a Commission should forthwith issue for the purpose of inquiring into the State, Discipline, Studies, and Revenues of Our University of Oxford, and of all and singular the Col- leges in Our University : Now know ye, that We, reposing great trust and confidence in your knowledge, ability, and discretion, have authorised and appointed, and do by these presents authorise and appoint you, the said Samuel Bishop of Norwich, Archibald Campbell Tait, Francis Jeune, Henry George Liddell, John Lucius Damjiier, Baden Powell, and George Henry Sacheverell Johnson, to be Our Commissioners for inquiring into the State, Discipline, Studies, and Revenues of Our University of Oxford, and of all and singular the Colleges in Our said University ; and for the better enabling you to carry these Our Royal intentions into effect. We do, by these presents, authorise and empower you, or any four or more of you, to call before you, or any four or more of you, such persons as you may judge necessary, by whom you may be the better informed on the matters herein submitted for your consideration ; also to call for and examine all such Books, Documents, Papers, and Records as you shall judge likely to afford you the fullest information on the subject of this Our Commission, and to inquire of and concerning the premises by all other lawful ways and means whatsoever. And it is Our further will and pleasure that you, or any four or more of you, do report to Us, in writing, under your hands and seals, within the space of two years from the date of these presents, or sooner if the same can reasonably be, your several proceedings by virtue of this Our Commission, together with your opinions touching the several matters hereby referred for your consideration. “ And We will and command, and by these jiresents ordain, that Our Commission shall continue in full force and virtue, and that you. Our said Commissioners, or any four or more of you, may from time to time jiroceed in the execution thereof, and of every matter and thing therein contained, al- though the same be not continued from time to time by adjournment. And for your assistance in the and ilm UNIVEKSITY of OXFORD. q Master of the said College thereunto annexed, it is ordered by their Excellencies the Lords Justices in Council that the said petition and articles (copies whereof are hereunto annexec }, be, and they are hereby referred to the Right Plonourable the Lords of the Committee ot Privy Council (appointed a Committee to consider of a form of Commission for visiting the University of Cambridge), to consider the same, and Report their opinion to this Board what method may be proper to be taken thereupon. . i nu Upon reading this day, at the Board, the Order made by His Majesty in Council, the Jth day of this instant, relating to a Committee appointed to consider the form ot a Commission for visiting the University of Cambridge, in order to inquire into and determine the matter ot the Petition of Dr. Bentley, and such other things as shall be found proper to be inquired ot and determined, it is ordered by their Excellencies the Lords Justices, m Council, that notice of the said Order, together with a copy thereof, be forthwith sent to the several parties concei net . Other documents relating to this subject will be found in Appendix D. (p. o4), and the Postscript to Mr. M^ilkinson’s Evidence, (Evidence, Part I., pp. 245-249.) 4-2 ALTERATION OF 4 HE LAUDIAN STATUTES. Api^endix D. APPENDIX D. 1. Case of the Heads of Houses IN 1758. Statutes made and altered by the University before the Laudian Code. [See lleport, pp. 4, 5, G.] Documents relating to the Power of the University to alter the Laudian Statutes.'" 1. Case of the Heads of Houses in 1758. 'fhe University of Oxford is a corporation liy prescription, and likewise by Act of Par- liament, 13 Eliz., which also confirms “the University Charter 1 Apr. 14 Hen. VIII., and all other Charters granted by the Queen’s progenitors or predecessors, and all liberties, franchises, immunities, quietances, and privileges, which the University had held, occupied, or enjoyed, or of right ought to have had, used, occupied, and enjoyed, at any time before the making of the said act ; any statute, law, usage, custom, construction, or other thing to the contrary notwithstanding.” The Uni versity assembled in Convocation, or great Congregation (consisting of the Chan- cellor, Doctors, Proctors, Regent and Non-Regent Masters), hath used time out of mind to make by-laws or Statutes for its own domestic regimen and government. Of which there are some extant, bearing date so early as a.d. 1252, 36 Hen. III. [Registr. A. 58. 76.] The Convocation hath also from time to time asserted and exercised a power of altering and repealing the former Statutes of the University, in the whole as well as in part, as appears from the following instances : — ■ On the complaint, and by the advice of the Chancellor, x4bp. Warham, 14 Jan. 1513, [Reg. F.F. Bodl. 14] “ 1 Feb. 1513, Decretuin est, ut eligantur vel deputentur quinque vel septem viri secundum discretionem Congregationis majoris, ad examinandum, refor- mandum, et adnichillandum omnia et singula Statuta nostra jam edita, et in unam veram et fidelem copiam reducendum.” Seven Delegates are accordingly named, and large instructions given them ; [Registr. G. 208, 209] in tlie same manner as in the year 1510 a similar power had been delegated to, and in jiart executed by, one Dr. Younge. [Registr. FF. Bodl. 7.] In a letter from the University to their Chancellor Abp. Warham, about the beginning of the year 1518, they inform him that Cardinal Wolsey intending to settle some Lectures in the University, therefore “ qui ejus dominationi maxime assistunt, nobis et amici et benevoli, suasion es fecerunt ut in omnibus Statutis bonarum literarum usum spectantibus reformandis, revocandis, edendisque, ei omnem nostram auctoritatem delegatam faceremus.” [Registr. FF. Bodl. 30.] To this the Chancellor answers, 22 May, 1518 : — “ Si meam in hac re sententiam expec- tatis, (et Cancellarii Universitatis consensus in tali negotio sane maximo, ut meum est judicium, requii’endus est;) non inficias eo, quod si reverendissimus Dominus Cardinalis tales Lecturas destinatas perpetuo duraturas effecerit, pium et egregium magnique merit! opus tanti auctoritate viri dignum et prsesentibus et futuris ostendet, per quod et vivus sua gloria pei'fruetur et nominis seternitatem consequetur ; unde, c^uantum ad Statuta edenda super noviter instituendis suis lecturis, bene erit ut ille reverendissimus Dominus decernat c|U8e sibi maxime videbuntur necessaria et opportuna quoad conservationem earum lecturarum et ad plenissimum studii scholastic! pi’ofectum. Verum ut in ilium reverendissimum Dominum Cardinalem transferatur omnis auctoritas reformandi, revocandi, delendi, et con- dendi omnia Statuta concernentia usum bonarum literarum, (sic enim scribitis) non assentior id futurum conducibile aut expediens Universitati, tametsi prmdictus reverendissimus Dominus Cardinalis omne suum studium atque conatum ad commodum Universitatis in ea re referre velit. Nam cum fere omnia Statuta Universitatis, aut in seipsis aut respective, concernant usum bonarum literarum studiique scholastic!, si omnis auctoritas quoad talia Statuta transferetur in alium ab Universitate, hoc est, a Cancellario, Congregationeque Regentium et Non-Regentium, non video quid auctoritatis restabit apud eosdem, eritque Universitatis auctoritas inane nomen. Si vero reverendissimus Dominus Cardinalis velit animum suum super hujusmodi Statutis reformandis, revocandis, et condendis declarare, postulareque ut secundum animi sui sententiam ab U niversitate confirmetur, si tarn salutaria Statuta erunt quam futura credibile est, facile omnes in suam sententiam convertet, non dubito.” [Ibid. 30.] Notwithstanding this letter the University made a Decree of Convocation, 1 Jun. 1518, in these terms ; “ In hujus itaque amplissimi patris virtute, industria, fide, dementia, et benignitate plenissime confisi, meliore modo formaejue qua valemus efficaciusque possumus, de communi consilio et consensu omnium Regentium et Non-Regentium, necnon omnium et singidarum facultatum, Statuta, ordinationes, et consuetudiues ejusdem Universitatis quas- cunque eidem amplissimo Patri humiliter submittimus, sibique plenam et liberam cpiantum in nobis e.st concedimus potestatem eadem Statuta et ordinationes quascunque, etiam sedis Apostolicae aut cujusvis alterius auctoritate confirmatas, innovandi, instaurandi, non abo- litas vero reformandi, interpretandi, mutandi, revocandi, abolendi, extirpandi, novasque sibi ]irout visum fuerit opportunum condendi, etc.” [Ibid. 31.] Which Decree, couched in more and still stronger words than are here recited, the Chancellor afterwards in a letter, 6 May, 1522, thus speaks of to the University : “Cujus reverendissimi Cardinalis auctoritati personas vestras successorumque vestrorum sponte submisistis ; singulis Statutis, privilegiis, ac libertatibus ejusdem Universitatis (me tunc Cancellario inconsulto) in vim ])acti renunciantes.” [Ibid. 51.] * Copies of these papers, heino- tracts printed at the time to which they respectively refer, are to be found in Gough's Collection, Oxford, 96. ALTERATION OF THE L AUDI AN STATUTES. 43 Aery little appears to have been done in consequence of these ample powers. But a.d. Appendix D. 1.549, in the minority of Edward V I ., C’ommissioners, being appointed under the Great Seal, ^ q^^se of the visited and new modelled the University and every College therein, and made a new body qj. Houses of Statutes, which are still extant. [Reg. E. Bodl. 78.] 1758. Afterwards, a.d, 1556, Cardinal Pole, then Chancellor, sent down to the University a statutes made and body of new Statutes to be observed, till a delegacy ap])ointed by Convocation of two or altered by the three discreet persons in each faculty, together with the Vice-Chancellor, should determine University bdbre in what manner to correct and amend the former Statutes, “ superflua tollendo,prtesentibus the Launan o e. temporibus non convenientia immutando, contraria ad concordiam, et inordinata ad ordinem reducendo, diminuta supplendo, aliaque Statutaprout necessitas et utilitas ipsius Univer- sitatis suadebit de novo condendo.” [lb. 83.] And “ 13 and 14 Nov. 1 d 56. In celebri Convocatione perleguntur Statuta a Domino Cancellario per D. Colum Universitati tradita. Atque pro feliciore regimine istius Academise, ex mandate Cardinalicio simul ac suffragio Convocationis, designantur quidam doctissimi viri ex unaquaque facilitate, qui una cum D. Colo, D. Haynoldo, dispiciant in unaquaque re quid factu optimum fuerit, atque quod faciendum fuerit, decernant.” [Reg. I. 163.] “11 Maii, 1565. Celebrata est Convocatio Magistrorum llegentium et Non-Regentium, in qua publice lecta sunt decreta qugedam edita prius, spectantia ad reformationem et emendationem et Statutorum ipsius Academim et aliarum rcrum, prout ipsis dccretis continetur, auctoritateque ipsius Convocationis confirmata et stabilita sunt.” [Registr. KK. 11.] “25 Oct. 1576. Data est potestas egregiis viris inferius nominatis omnia Statuta antehac edita considerandi, imperfecta corrigendi, inutilia et superstitiosa abrogandi, et male disposita in ordinem redigendi ; proviso semper ut omnia ea quie de novo adjicientur, sive ut Statuta integra sive ut partes Statutorum, nullum robur habeant, nisi a Convoca- tione postea fuerint approbata.” A Delegacy of 21 a]>pointed. [Reg. KK. 222.] “12 Sept. 1599. Procuratores nominabant quinque Delegates qui una cum A ice -Can- cellario et Procuratoribus in ordinem redigant et exscribi curent libros Statutorum Acade- micorum.” [Reg. M. a. 35.] “ 1.3 Dec. 1606. Cum Statuta et ordinationes ad perpetuum faustumque hujus alintB Academise Oxoniensis regimen a praedece-ssoribus nostrisper tot quot preeterierunt annorum curricula feliciter excogitatm, editm, provisse, sancitse, ac stability, ad tanta? magnitudinis mensuram numerique multitudinem excreverint, ut eas vel recensere, multo magis investi- gare atque invenire, opus sit plane arduum et permolestum ac pene infinitum, ea'que non solum in varies libros sive chartas ab invicem sepai’atas dispergantur, sed etiam sint inter se admodum repugnantes et in multis plane contrarim, per venerabilem Convocationem decretum est quod omnium et singulorum librorum,chartarum, scriptorum, et munimentorum, in quibus Statuta atque ordinationes hsec prsedictse insinuantur, describuntur, sive regis- trantur, diligens habeatur scrutinium et examen ; quodque ex illis quae quotidiano et perpetuo usui, atque ex re Universitatis praedictae publica, maxime conveniant et sint necessariae retineantur, legumque et Statutorum perpetuis futuris temporibus vim habeant et auctoritatem ; eaeque ordine et methodo qua fieri possit optima, et ad inveniendum maxime apta et expedita. digerantur, componantur, atque describantur, arbitrio et judicio venerabilium virorum infra nominatorum, et ad haec per venerabilem domum praedictam delegatorum ; ad uberiorem felicioremque almae hujus Academiae gubernationem, et ad vitandum perjurii reatum vel saltern periculum, necnon ad expeditiorem paratioremque uniuscujusque Statuti, sive ordinationis, prout opus fuerit, et res exigerit, inventionem. Procuratores nominabunt xi delegates.” [Reg. K. 1.] In King James the First’s and the succeeding reign, many ordinances were sent to the University from the Crown, which were either made the ground-work of new Statutes, or else were I’ead and approved in Convocation in the very terms wherein they were sent. As, “29 Jan. 1616. Directiones quaedam in scr ip tis concept ae a Regia Majestateet manu sua propria signatae pro meliori regimine, etc., celebri coetui Doctorum, etc. manifestatae sunt.” [Reg. N. 32.] Whereupon, “ 12 Feb. 1616, Delegati nominantur (among whom Dr. Laud was one) ad deliberandum et statuendum de quibusdam ad directiones regias propositas spectantibus, necnon de Statu tis hujus Academiae Oxon. in ordinem redigendis, castigandis, et de reliquis ad eadem Statuta nccessariis constituendis.” [Reg. N. 36.] “31 Mar. 1617. Significavit Dominus Procancellarius se edicta regia cum decreti.s desuper per delegates sancitis ad Cancellarium nostrum honoratissimum misisse, eurnque Regiae Majestati eadem ostendisse, dictai^ue decreta Regiae Alajestati perplacuisse : hineque voluisse Cancellarium nostrum ut dicta decreta publicentur et executioni omni cum cura et diligentia demandentur. Quibus decretis publice perlectis, eadem per celebrem coetum Doctorum, Magistrorum, etc., approbata fuerunt, et pro publicatis cum consensu venerabilis Domus Convocationis habita fuerunt.” These consisted of eight Articles [Reg. N. 4i], which are now with some little alterations incorporated in the present body of Statutes, 1 it. ix. sect. 5, § .3 & 6 ; Tit. xvi. § 6, 7 & 10 ; Tit. viii. § 1 & 6 ; Tit. xv. § 5 ; Tit. xiv. § 3 ; 1 it. xv. § 1 . Some progress having been made by the Delegates of 1616 in amending the Statutes, “21 Jun. 1617, Placuit ut exemplar iilorum Statutorum quae jam nuper vel a Delegatis confirmata, vel noviter adinventa, vel aliqua ex parte emendata sunt, exscribatur et in Bibliothecam publicam reponatur, ut ea videant Academici omnes et explorent; cjuieque ratificanda, quae corrigenda, quae delenda et abroganda, vel quae alia illis addenda sint, palam et publice dicant et significent.” [Reg. N. 47.] 16 Apr. 1628. Some new Statutes being sent down from the Chancellor, restraining the right of voting in academical elections to Foundationers only, and such Commoner Masters as had resided 100 days in the preceding year, “ a majore parte Doctorum, Magistrorum 44 ALTERATION OF THE LAUDIAN STATUTES. Appendix D. 1. Case of the Heads of Houses IN 1758. Statutes made and altered by the University before the Laudian Code. The Laudian Code. Rco'cntium et Non-Regeiitium admissa, approbata et confirmata sunt. Procuratovibus recla- mantlbus et negantibus.” [Reg- N. 254.] This occasioned the Crown again to interpose, who sent down a body of Statutes concern- ing the election of Proctors and Collectors, which was directed to be put to the vote in Convocation, and ever hereafter to be held inviolable ; and if any of the younger Masters made any disturbance therein, the King willed that the Vice-Chancellor should presently send up him or them so offending to answer it, who should be sure to find the King s displeasure heavy. [Rt'g. R- 2.] Accordingly, “31 Dec. 1628. Has Ordinationes, Statuta et Decreta serenissima; regirn Majestatis Celebris ille coetus Uoctorum, etc., summa cum acclamatione, omnique animi alacritate, accep- taruiu et unanimi omnium consensu confirmarunt et ratificarunt.” [Peg. R. 4.] These are now comprised in Tit. \'i. sect. 2. § 4 ; Tit. xvii. sect. 4, § 1. et appendice Statutoium, dc Procuratoribus. 17 July, 1629. A new Delegacy of 15 persons was appointed at the instance of the Chancellor (Lord Pembroke) “ de redigendis Statntis hujus Universitatis in certum ordinem et certain formam, etc.” [Registr. R. 12.] 24 Aug. 1631. On occasion of a dispute relating to a Sermon preached before the University, the King sent down certain Articles concerning Sermons, Appeals, the Meeting of the Heads of Houses, etc. [Reg. R. 38.] which being reduced into Statutes, 15 Dec. 1631, “ In Convocatione ])roniulgabantur et unanimi assensu et consensu Doctorum, etc., com- probabantur.” [Rt'g. R. 41.] The substance of them, and for the most part sub iisdem ter- minis, is now comprised in Tit. xvi. § 9; Tit. xxi. § 11, 16, 17, et Tit. xiii. The Delegates named in 1629 having finished the work allotted them, in a Convocation held 20 A ug. 1633, “certiorem fecit Vice-Cancellarius venerabilem coetum Doctorum, etc., Statuta Academim longo et fido examine in conventu Pracfectorum ventilata, suppletis jam tandem quae defuerunt, conciliatis antinomiis, obsoletis sepositis, ultimam Cancellarii manuin expectare. Roganti igitur an ])laceret ut Cancellarins Academia; nomine rogaretur hanc inter curas suas numerare provinciam ; ut legibus illius etiam judicio limatis et firmatis auctoritas et fides major adesset, et reverentia : proponenti ista Vice-Cancellario assensu unanimi annuit Convocatio.” [Reg. R. 69.] In a letter sent by the University to Archbishop Laud, their Chancellor, upon this occasion, and sealed in Congregation i Sept. 1633, they express themselves in the following manner : “ Ultro compegimus jugum quod pronis cervicibus annectas, vestrisque manibus recepta jura obsequendi pra^stituent alfectum, et libertatem ex onere ferent. Vestrum igitur patrocinium implorant una nobiscum Statuta, qua' Pi^msulatum vestruin prmstolari sunt visa, ut. gratiam et pondus authenticum a tc accipiant, et vestrum annexum Diploma Statutis ipsis valentius nos componat.” This Act seems to have been considered by the Chancellor as vesting him with as full legislative powers as Wolsey had before him. He accordingly corrected the draught, and having caused a number of copies to be printed upon vellum in folio, he sent theni down to the University 18 July, 1634, to be deposited in each College or Hall for a years proba- tion, that any amendments which might appear necessary might be made in the margin, and then one authentic copy might be written fair to be a rule to posterity of greater credit. He then proceeds, in his letter directed to Convocation, in these words: “ Ihese are therefore (according to the power given unto me by an Act with full consent in Con- vocation, bearing date in August, 1633) to declare and publish to the University and ev’ery member thereof, that the Statutes now printed are and shall be the Statutes by which the University shall be governed for this year ensuing, that is, until the Feast of St. Michael the Archangel, which shall be in the jmar of our Lord God 1635; reserving to myself power, according to the Decree before mentioned, to add that which shall be fit, and alter or take away from these Statutes, or any of them, that which shall be found by this intervening practice to be either unnecessary or incommodious for that government. And then, God willing, at or before that time, I will discharge that trust which the University hath commended to me, and absolutely make a settlement of the Statutes for future times, even so long as it shall ]Jease God to bless them with use and continuance. “22 Jul. 1634. His literis perlectis V. Cancellarius Librum Statutorum publice exhibuit in Domo Convocationis. Rogavit insuper an Literm ad honoratissimum Cancel- larium mitterentur ab Academia quibus gratitudinem nostrain intelligeret. Perplacuit. [Registr, R. 91.] . . i • In these letters the University thus expresses it’s sense of this proceeding:—' Smgularis quidem dementia et adhuc inaudita ! lieges et prmscripta ad tempus posuisti, ut nostra demum suffragio et arbitrio confirmentur ; et siqua occurrerint errata, non statuentis auctoritate sed patientis experientia corrigantur.” [Registr. R. 92.] N.B. Among these Statutes there is one (Tit. x., sect. 2. § 2. De Statutis et Decretis in Domo Convocationis condendis et interpretandis) in the following terms : “ Si quandq ex usu Academia' futurum videbitur, aliquid de novo statuere vel deccrnerc ; vel si quando circa Statuta et Decreta jam condita vel in posterum condenda dubitatio aliqua einergat, unde ulterior eorundem explanatio requiratur (modo ne, sub explanandi obtentu, sensus Statuto ciiivis aflingatur omnem ipsius vim eludens aut enervans ; neve ha?c expla- nandi potestas ad Statuta regia auctoritate sancita vel confirmata extendatur, sine special! ipsius Regis licentia) Statutum est quod, etc.” Then follows the form and order to be observed in making new Statutes or explaining old ones. And in § 3 (De Statutis Lbiiversi- tatis transcribendis et custodiendis) directions are given in what manner the Registrar of the University “omnia et singula Statuta Universitatis in posterum condenda in Registro suo fideliter describet.” ALTERATION OF THE LAUDIAN STATUTES. 45 Appendix D. 27 Sent. 1634. “In Convocatione significavit Vice-Cancellanus corpus Statutorvim Universitatis in orclinem cligestum, serenissimam Regis Majestatem tanquam eum ® ^ j Case of the rem officiose petere patronum ; cujus hortatu et cura sacpius instigante, opus toties inlelici- hqu^es ter tentatum ultiinam manum fere assecutum sit. Eoque nomine ad serenissimum Regcin ngg. nostrum Carolum litera' missa> fuerunt.” . tt • u ■ Laudian Code. In tL epistle dedicatory this passage in particular occurs: “ Hujus opera, non huic tantum sed It futuris sacull impensa, non aliud apud posteros nuam ut ipsi nobis vicem reyiendant, et corpus hoc Statutorum assidue interpolando tandem in novum ^jlane corpus transforment. bias siquidem leges baud aliud manet fatum quam quo olim Las novinus Lycurgi Rhetras, Axonasque Solonis, quas, msi nomma ip^aimm idhuc superessent, fuisse aliquando quis sciret ? Ergo ut constet reverentia.utque clementius seu scalpro seu spongia ^ in sinum sacratissima Majestatis tua confugiunt atque mtra ^"g"^tf^YuiTnaT4 sacrari, gestiunt. Pudebit scilicet posteros ab Archetypo morum et disciplina sua penes te deposito longe desciscere.” [Registr. R. 96.] At Michaelmas 1635 nothing appears to have been done. ISut, i i -ti, i fi, 2 June 1636, the Chancellor, Archbishop Laud, by leUers of Xir (and bis Archiepiscopal and Chancellor’s seal, a^ ^citing the process f e w^le^affa^^^ amongst tlie rest the powers given him by Act of Convocation 20 i ^gge words: “ Dicta convocationi tunc placuit me Y^■‘''^'^’''^,YT"!per?fore ra^^^^ ut dictum Statutorum corpus recenserem atque sigillo confirmarem ); he theictoie ratities, “Tb's JutTGSr The KLr^y I-t.cr. Patent of that date, rec.tes the .aid letters of confirmation by the Chancellor, and that ho “ hum, llime nobis et sin-ree was then attain- able, and which passed the Heads of Houses, 21 Jun. 1662, when Dr. Baylie was ao-ain \ ice-Chancellor ; who had been President of St. John’s some years before the Statutes were compiled, and was made Vice-Chancellor the first time 22 July, 1636, within a month after the King’s confirmation. And the Statute for transferring the Act Exercises and other solemnities from St. Mary’s to the Theatre, which ]iassed 27 May, 1669, under tjie auspices of Archbishop Slieldon, who himself had been Warden of All Souls ’at the time of the King’s confirmation. All these, and many others of a later date, were (pro tanto) alterations of the former Statutes. But there has been no instance of any licence either given by the Crown, or requested by the University, to enable them to ma“ke such alterations. It must however be observed, that no alteration has been attempted in any of those particular Statutes before mentioned, which had received a special sanction or confirmation from the Crown before the present body of Statutes was compiled and published. ’ Upon a proposal lately made to compile a new explanatory Statute, concernino- a matter not affected by any of the said Royal Statutes, a difficulty has arisen with re-ard to the power of the University to make Statutes or explanations of Statutes, without a Royal licence; it being conceived by the objectors, that the general confirmation superadded to the Corpus Statutorum by King Charles the First, 3 June, 1636, has brought the whole body within the exception or parenthesis of Tit. x. sect. 2. § 2, above stated, and made ^'ery Statute in the book unalterable and unexplicable, unless by the King’s authority. Therefore — ° ’’ Question 1. Has the University power of raakinsr Statutes, or By-Laws, (^not contrary to the law of the land or u s own particular Charters confirmed by Act of Parliament), without obtaininu a Royal licence, where the subject matter of such Statutes is entirely new, and imports no infrin^’^ement on former Statutes ? " ^ Question 2 Has the University power of making snch Statutes, without obtaining such licence, where the subject matter of them imports an alteration or explanation of any former Statutes, which were not specially confirmed by Royal authority before the compilation of the present body, but which are now included in the subsequent general confirmation of 3 June, 1636 ? Question 3. Has tlie University power of making such Statutes without obtaining snch licence, where the subject matter of them imports an alteration or explanation of such former Statutes as were specially confirmed by Royal authority belore the compilation of the present body of Statutes? Ur has the Act of the Predecessors (confirmed by the King’s Charter) abridged in these points, or m any ol them, the legislative power of the succes.sors ? M hat the compilers of our Statutes hiteiided by Statiita Reejia auctoritate sancita vel cotifirmata, in Tit. x. sect. 2. § 2. above cited, may perhaps be still farther explained by comparing that clause with the following, in Tit. x. sect. 2. § 5. De inateria indispensahili, in qua Convocationi disjicnsare non permittitur. Quia ex nimia dispensandi licentia grave incommodnm Universitati aiitehac obortum est (nec aliter fieri potuit ;) statuit et decrevit Uiiiversitas, ne in posterum dispensationes ullateiius projionantur in casibus sequentibus. Et primo statuit et declarat. ne super aliquo Statute vel Decreto (auctoritate Regia juhente vel monente) condito vel condendo, in toto vel in paite disjieiisatio proponatur, nisi pari auctoritate Regia, ejusdem mutatio, vel aliqualis relaxatio, expresse mandata vel permissa fuerit.* * * [1 his clause was omitted to be stated in the above case for the opinion of Counsel.] 2. Legal ojiiiiion of Messrs. Morton and M’^ilbraliaui. (Question. We are of opinion that the University as a body corporate by prescrip- tion, and confirmed by charter, has a poiver of making By-Laws or Statutes for their good government; such power being inherent in their constitution, and included in the original Act of Incorporation. And in this case we think such power may he exercised, without obtaining a Royal licence, where the subject matter doth not infringe upon or any way affect any former Statute. 2nd. Question. We likewise are of opinion that the University has, by the same inherent power as a body corporate, a power of making Statutes where the subject matter of them imports an explanation or alteration of former Statutes, which were not specially confirmed by Royal authority, before the compilation of the present body of Statutes ; hut which are now included in the subsequent general confirmation of the 3rd June, 1636 ; for the reasons offered in our answer to the next question. 3rrf. Question. We are also of opinion, that the University has the power of making such Statutes, without obtaining a Royal licence, where the subject matter of them imports an explanation or alteration of such former Statutes as were specially confirmed by Royal authority, before the compilation of the present body of Statutes. For, first, we think that the King has no power vested in him by his prerogative, or otherwise, to give laws or Statutes to the University after its original Act of Incorporation, without their acceptance, assent, or confirmation. And we also think, that it was not in the power of the University to delegate their right of making perfect By-Laws or Statutes to any subject, or even to the King : and that no Statutes, made by such delegation, would be valid without the assent or confiiination of the Convocation. It is that which we think gives vidam et niodum to every Statute. And as it was not in the power of the University itself to enact any Statutes ivhich should remain unalterable or unrepealahle, so we think it could not delegate a power to any subject or to the Crown, to enact or make any laws that should not be repealable without the consent of such subject or his heirs, or such King or his successors. And though powers have in some instances been actually delegated by the University to the Crown, to ALTERATION OF THE LAUDIAN STATUTES. 47 give them Statutes for their government, and the Crown has accordingly so done, and such Statutes have been confirmed by Royal authority, yet even such Statutes so made and so confirmed cannot (we think) abrogate the legislative power necessarily inherent in, and incident to the University. And we observe, that in all the instances laid be foie us of Statutes recommended or given by the Crown, or the Chancellors of the University, to that body, the assent and confirmation of Convocation (which we take to be the legislative power of the University) has been uniformly required and obtained, before any such Statutes have been received as complete, effective, and perfect laws. John Morton. JU. 2, 1759- R- WiLBRAHAM. 3. A representatiou'of the conduct of the Proctors with respect to the two explana- tory Statutes proposed by the Vice-Chancellor to them and the Heads of Houses. On Friday the 15th of June there was a meeting of the Heads of Colleges and Proctors for explaining two of the Statutes confirmed by King Charles the First : the Statute which authorises the meeting of these gentlemen sujiposes, that they are seriously to deliberate and debate upon all matters which shall be proposed, before they come to any resolution ; and therefore the Proctors, having previously considered of the matters which were to be the subject of their debate, reduced into writing the several reasons which, they conceived, would clearly prove that the University had no power to make an ex]>lanatory Statute ; and they expected, that every gentleman who thought otherwise, would at least have endeavoured to have shewn, that they were not restrained by their oaths, or by the law, from making such Statutes. It was well known that several gentlemen had consider- able difficulties on both these heads ; but the question was put, and opinions delivered, the majority of which was, that the University had this power, without offering any other reason than the opinions of Counsel taken on their own state of the case, which was thought by several pi’esent to be a very defective state of it : however, the Proctors could not satisfy themselves with declaring, that they had very different sentiments of this matter, without mentioning the reasons which induced them to be of a contrary opinion from the majority ; and accordingly they gave many reasons why they could not concur in that vote. One gentleman would have prevented the Proctors from entering into any discussion of the matter, saying, “We do not want your reasons, but your votes perhaps this hath been the usual way of proceeding at this meeting ; but the Proctors being strangers to such a sort of practice, and apprehending, that in matters of trust and importance, every man should be ready to give a reason for his opinion, ventured to offer their reasons openly, (notwithstanding the dislike that was expressed of it,) in the following words : — The difficulties which we made, touching the power of altering any of the Statutes estab- lished by King Charles the First, were founded upon the oath which every member of the University had taken to observe them, and upon the Charter which granted these Statutes to the University. We never conceived the least doubt, whether Statutes which had no other sanction than the ancient Statutes of the University had, or By-Laws made by other corporations, could be altered or explained ; we knew they might, and did not want the opinion of Counsel to convince us of it : but whether the King’s charter, reciting the several titles of these Statutes, and not only solemnly confirming them, but also granting to the Chancellor, Masters, and Scholars, and their successors, that they shall for ever be in force in the University can be disobeyed, after it hath been accepted, and acted under for so many years, still remains a difficulty, and is not stated in the Case, nor answered by the Counsel. It seems to be admitted by the Answer to the Case, that the King may, by the same charter'which creates a corporation, give By-Laws, which shall be always binding to it ; and if he may do this by the original charter, what reason can be assigned why he may not also, by a subsequent charter, give laws or Statutes to a corporation, if such corporation shall think fit to accept it ? This was not doubted by our predecessors ; for it is very remark- able, that the present Statutes, so far as they vary from the ancient ones, do not appear to have been enacted by Convocation, or to have had any other authority than the King’s charter. The University indeed received the charter, and the Vice-Chancellor nomine Universitatis amplexus est, the book of Statutes ; but the Convocation doth not seem to have passed any vote for the enacting or the reception of them. It is well known in this place, that every member of the University upon his admission takes a solemn oath, that he will observe all the Statutes of the University ; but the Case industriously avoids to state that fact, and only takes notice, that the Heads of Colleges and Halls, and Proctors, upon receiving the book of Statutes from the King, took the oath. It is hoped that this was not done to induce a belief, that none of the present members have taken it. If this oath had been made part of the Case, it is possible it might have varied the Opinion ; but whatever weight it would have had with the Counsel, it is certain it will have its proper weight in the University, and gentlemen will consider, whether they are at liberty to unmake a Statute which they have sworn to observe. It will be no answer to say, that when it is re^jealed it will be no longer a Statute, and that the observance of it cannot afterwards be exacted ; for supposing that to be true, the persons who have sworn to observe it, and concur to repeal or alter it, on purpose that it may not be observed, seem to violate the oath, inasmuch as they, by their own act, make it impossible to observe it. If any one shall not think this reasoning conclusive, he is desired to read the Statute, Tit. X. sect. 11. § 2. which expressly forbids the explaining any of the Statutes confirmed Appendix D. 2. Legal Opinion OF Messrs. Morton AND WiLBRAHAM. 3. Answer op the Proctors to the Case of the Heads OF Houses. Question at issue. The Laudian Code not “confirmed” by the University. All members of the University sworn to observe the Statutes. 48 ALTERATION OF THE LAUDIAN STATUTES. Appendix D. 3. Answer of the ]-'rootors to the Case of the Heads OF Houses. Statutes before the Laudian Code not “ confirmed ” by Royal authority. Special pround of complaint. by Royal authority, without the special licence of the King. A man must have uncommon talents that can make his oath to observe this Statute, consistent with the new Statute proposed to be made for no other purpose but to explain Royal Statutes. 'J'he Case laid before Counsel states, that several alterations were, from time to time, made by the University in their ancient Statutes before the present body of Statutes was received ; and likewise states, that in some instances, rules and orders had been sent by the Crown, with a recommendation to the University, to make them into Statutes. It is difficult to understand why these things were made part of the Case, unless the framers of it thought that these instances were so many proofs that the former Statutes had received the Royal confirmation ; but if they will be pleased to reflect, that all these Statutes were enacted by the Convocation, and ivere never afterwards confirmed by the Crown, they will find reason to alter their opinion in that particular. Some gentlemen to avoid the force of this Statute, have supposed the words Statuta con- jirmata mentioned in it, do no way influence the present question, and that they refer only to Statutes which had the Royal sanction, before the Statutes under which the University now acts, were given. But it is very unfortunate for these gentlemen, that they have not in their Case pointed out one single Statute which had been so confirmed, and we think they never will be able to do it. We do not charge these gentlemen with an intention to reproach the King who granted the present Statutes to the University, or the great man who procured them ; we know they have great respect for the memories of both : but if this be tlie true sense of the Statute, and it only restrains the explaining or altering Statutes which never had any existence, it must be allowed to be an absurd and ridiculous Statute. If these gentlemen would consider, what care the King took in his charter, that our present Statutes should always be in force, and that every member of the University is thm’eby enjoined to take a solemn oath that he will observe them, they could not but be convinced of the great absurdity of this interpretation. For it is incredible, that the King, intending that his own Statutes should be for ever observed, and making a Statute on purpose to prevent alterations, should be only solicitous to secure the observance of ancient Statutes, and lea,ve all his own to be repealed or altered at the pleasure of the University : such a construction sufficiently exposes itself. If these gentlemen had attended to the words of the Statute, they would not have proposed such an interpretation. The Statute supposes it might at some future time be useful to the University to make new Statutes or to explain doubts in Statutis jam conditis vel condendis, and gives them ])ower to do it in either of those cases; so that under the pretence of explaining they do not elude the force of any Statute, and so as this power of explaining be not extended to Statutes Regia auctovitate sancita vel covjirmata. Can anything be plainer than that the Statute formds the explaining any Statutes vel condenda, which should have had the Royal sanction at the time such explication is proposed to be made ? • v • r j • u As soon as the Proctors had read their opinion, two gentlemen being dissatisfied with the supposition that the King had never given his Royal confirmation to any Statutes before the present body was granted and confirmed, and conceiving that such a supposition would make their construction of the Statute Tit. x. sect. 11. § 2. absurd, insisted, that the curatorial Statutes had been made, and confirmed by the King, some years before ; and foi proof of it, mentioned the title prefixed to them, viz., Statuta de cyclo Procuratorio edita auctoritate serenissimi Regis Caroli Primi, confirmata in Domo Convocationis, A. n. 1628. The Proctors answered, that this title was no proof of a Royal confirmation, for it appeared by the Register of that time, that the King only commanded the University to make these Statutes, but that they were passed by the University, and never had any confirmation the King*, till they were made |)avt of the present Statutes and confirmed with them. It these gentlemen had considered the plain meaning of the title, they would not have men- tioned it ; for it is so far from contradicting the Register, or proving that the King confinned these Statutes, that it expressly declares, that they were publislied (edita) by the Kings command, or authority, and confirmed in Convocation, which exactly agrees with the account the Register gives of this matter, and proves that the Proctors were not mistaken an their oiiinion that they were not confirmed by the Crown. n i, j It plainly appears then, that these Procuratorial Statutes (as they are called) stand exactly upon the same footing, as to their confirmation by Royal authority, as the P^hers, having been confirmed not before, but at the same time, and in the same manner wit t e The Proctors being convinced that the University is restrained from explaining any of the Statutes confirmed by the Charter of King Charles the First, did not think it worth while to make any observations upon the Statutes pi-oposed at the meeting ; but as they are now printed, it will not be improper to take notice, that a complaint hath for some years been made against keeping names upon College books, to give a colour of voting to irentlemen who have left the University, and are wholly unconcerned in the real interest of ft, and that this complaint is pretended to have given occasion for one of these Statutes : but doth this Statute cure the mischief? If the complaint be just, it affects those who had names in College books before last Easter, as much as those whose names shall at any time hereafter be found in College books ; and therefore the Statute, if it was designed to remove the evil complained of, ought to have excluded every foreign voter, how long soever he may have kei)t his name in a book for the purpose of voting only. Will not the world suspect that the distinction was made to answer private schemes, and that the good of the Univer- sity was entirely disregarded ? There is no occasion to mention that this Statute takes no care to preserve the negatives of the Vice-Chancellor and Proctors ; it will occur to every person who shall read it : perhaps 49 ALTERATION OF THE LAUDIAN STATUTES. Appendix D. 3. Answep. of the Pkoctoes to the Case of the Heads OF Houses. it will be said, that the negatives are not directly taken away: it is true ; but is it not declared that the votes of the Vice Chancellor and Proctors in Convocation shall be numbered with the other suffrages; and if they are to be taken into the number of votes, inust not the majority determine every question ? In a matter of this nature some disguise is neces- sary to be put on ; they who design so important an alteration must not speak their meaning too plainly, lest they should destroy their own schemes : but in this, they have discovered enoigh lo raise a jealousy ; for the Statute, as it was first peunod, had a particular saviug B of the negatives, which is omitted in the Slafute as it is now settled. With what view P could this be done? Doth it not afford too much reason to believe, that at some future time this point is intended to be disputed, and that this very Statute is to be used as an argu- ment against the negative ? , a,. . . , • -s. . 1 , • As to the other Statute, if it was in the power of the University to give it their sanction, it might pass very innocently, for it makes no alteration of the former Statute. Matricula- tion was never understood to give any person a title to the privileges o t e nivei^ y, unless he was admitted of some College or Hall, and had victum et cubile in it. Ihe contrary opinion, which was lately advanced by some gentlemen, hath had its etfect, and these gentlemen are now willing to return to the true meaning of the Statute ; but, to avoid an apparent inconsistency in their conduct, desire that a new Statute may be enacted. \ e should have no objection, if we were at liberty to consent to it ; but as we are .p highest obligation to oppose it, we can only recommend the reading of the Statute lit. iii. sect. 1. which seems clearly to prove, that Matriculation alone doth not give a right to the privileges of the University. . i c . It may be thought impertinent to produce arguments in so plain a case, and theretoie we shall only add, that if Matriculation alone doth subject a person to the laws of the University, then every gentleman in England, who hath been Matriculated, continues a member of the University, and subject to the laws of it, and consequently can neither sue nor be sued in any other court than the Vice-Chancellor’s. This is an opinion too wiM to be avowed by any one, and yet it is the direct consequence of what some gentlemen have advanced. 3. The two explanatory Statutes, upon which the late Proctors were indeed pleased to put their negative, not wantonly, but because it was their duty, being now to be reconsidered ; the publisher of the following papers cannot forbear offering to the members of Con- vocation what in his opinion throws considerable light upon that subject, by showing that the prevailing opinion of all times has been against the power of altering or explaining the present Statutes : and with the single view of doing public service, he has given h™self the trouble of collecting what follows ; which, without further preface, shall now be laid The first thing that occurs, is a letter of Convocation addressed to Archbishop Laud ; returning him the thanks of the University for the great care and concern he had had in perfecting the Statutes : Tacere non possumus (says the Convocation) increiHbilem vestram in tanta sedulitate prudentiam, quae experiendo aptavit jiigum, priusquani affixit, et accura- tissime recognitionis ergo annum integrum operi consummato indulsit quoniam in annum Platoniciim duraturo. This letter is dated the day after the solemn delivery of the Statutes bv the King’s Commissioners ; and it is probable, that some of the persons deputed to assist in compiling the Statutes were present at this Convocation, and concurred in returning the public thanks. From this letter then it appears that the compilers of our laws supposed that they were to remain for ever unalterable ; and, that the University at that time under- stood it thus. , , , , The copy of Lord Clarendon’s letter, which comes next, may be depended upon as authentic; having been carefully transcribed by one who has had the inspection of the TTniversity Records. This liberty, though every member has an equitable right to it, fevv aie Tiermitted to enjoy ; at least not without so much trouble as discourages most persons from ^ plying for it. But to quit this digression, the reader is now referred to the letter itselt. Letter of Convo- cation to Arch- bishop Laud, lG-36. Letter of Lord Clarendon to the University, 1C6’2. Mr. Vice-Chancellor and Gentlemen, I have received a letter from Mr. Vice-Chancellor, of March 26th, 1662, upon occa- sion of one I had wrote to him March 23d. 166i, concerning the difference that is now between four of your Colleges about the Proctorship this year. I have reviewed what 1 formerly wrote, the stale of the case in question being the same in his last that it was in his formed ; and you will find by what I then wrote to him, that I did deliberate very well upon it, and desired the assistance of my Lord Bishop of London in the determination, after we had heard all that was alleged by the Dean of Christchurch and Mr. President of Magdalen ; nor do I see any cause to change the opinion I was then oL 1 do not dis- semble to have so much esteem and kindness for Magdalen College (which they shall never have cause to suspect) that, if I could with justice have determined it foi t em, wou never have made scruple of owning that my inclinations had likewise led me to it ; an should the rather have been induced to it out of the reverence 1 have to the memory of my poor tutor, and have expiated his fault to the College by his inadvertency last year that the office belonged to them. But ’tis as clear that it doth now belong to Christchurch and Brasenose College; and though the intention and equity of the Statute might be pre- served by the expedient mentioned by Mr. Vice-Chancellor, yet since that cannot be ma e use of without a particular dispensation from the King, I am more afraid of intioducing those dispensations, and of the evil consequences which may in future times succeed that 50 ALTERATION OF THE LAUDIAN STATUTES. ‘ Appendix D. 3. Answer of the Proctors to the Case op the Heads OF Houses. Letter of Lord Clarendon to the University, 1662. Pelifion of the University, 1675. precedent, than of any inconveniences from the strict observing the rule of the Cycle at this time. And upon my conscience, it was the intention of those who made the Statutes, in that mannerly reservation of the King’s power to dispense, that he never should be moved to dispense but in a case of extraordinary public consequence for the visible and substantial benefit of the University; and this is the principal reason that guides my judgment against my affection ; and the logic of the late ill times, having introduced so many inconveniencies and mischiefs, by distinguishing between the equity or intention and the letter of the law, I am not willing to open that door to any decisions in the University, which may possibly hereafter produce dispensations very unagreeable. Upon the whole matter I cannot change my opinion, but do still believe that of right Christchurch and Brasenose ought to have the Proctors this year. Clarendon, C. Worcester House, March 29, 1662. The opinion, that the University had not of itself power to alter the Statutes, ivas uniformly preserved down to the year 1675, when the following petition, which is very clear and express on this point, was drawn. Neither does thei'e from that time appear any one instance even of an attempt to exercise the authority now claimed, till within a very few years past. So that the argument drawn from precedents makes wholly against any such power. The Petition of the Principals and Masters of Arts of the several Halls in the University of Oxford. H UMBLY ShOWETH, That your Majesty’s royal father of blessed memory, to avoid some inconveniencies and disturbances in the election of Proctors for the University of Oxford, which frequently happened when they were chosen by Convocation, caused a cycle to be made, that the several Colleges in their respective turns should choose a Proctor amongst themselves ; and at the same time for the regulating such elections provided Statutes, (which cannot be altered nor interpreted by an}^ power whatsoever but by the same Royal poiver that made them) among which Statutes one was, that no person shall be admitted to the office of Proctor, who had not completed four years after his standing in the Act, or should exceed ten to be accounted after the same manner. That there never was any person chosen and admitted Proctor in this University (till after the late Rebellion) which was not so qualified, and the admission of those few that have been since elected under four years standing hath been always protested against by the Principals of Halls and Mastei’s in Arts in those societies as unstatutable, that they might preserve their right for the future. May it therefore please your Sacred Majesty (for the prevention of differences and animosities in your Majesty’s said University for the time to come) to make such decision herein, as shall seem in your Majesty’s princely wisdom to be most agreeable to right, and the true meaning of your Majesty’s royal father, and of our Statutes confirmed by his Majesty. And your petitioners, as in duty bound, shall ever pray. The favourers of the new Statutes still urging their old distinction of a special confirmation of some Statutes previous to the general confirmation, and citing the Procuratorial Statutes as an instance of such special confirmation, it will be proper to show by extracts from the University register that the King did not then do more than direct the publication of them ; but that their whole force and authority were derived from the Act of Convocation. The King’s letter to Lord Pembroke, the then Chancellor of the University, and by him trans- mitted to the University, fully proves this; from which letter the following clauses are extracted. “ Your Lordship knows that upon our letters sent down with the Statutes which we had “ prepared for the choice of Proctors, the Governors of Colleges and Halls have with joint “ consent allowed of those Statutes as fit, and have returned to us by your Lordship a dis- “ creet and prudent answer, which we take well from them. In this answer they have (as we “ directed) considered of the Statutes, and presented to us some additions to them, or rather, “ explanations of them ; with some moderate desires of their own. These we have taken into “ our princely care likewise ; and that the University may see how much we value their temper “ in this business, we have provided that almost all which they have offered to us are granted “ by us, as they may see by this copy of Statutes altered accordingly, and which we have “ recommended to your Lordship to be sent down again to them to be passed in Convoca- “ tion.” “ These are therefore to will and require .... “ That your Lordship signify to your Vice-Chancellor that he presently call a Convocation, “ and in that deliver our royal pleasure and command, that now this whole frame both of “ the circle for the turns and the Statutes belonging to it be published there, and the votes “ and suffrages taken privately or otherwise as he shall find fittest^for the present business. “ And though we doubt not but the younger Masters, and others, will be as conform- “ able to their own good, and as uniform in their consent to our commands in this kind as “ their governors have to our great contentment shewed themselves ; yet if any one or “ more shall make any disturbance in this .... we will that your Vice- “ Chancellor do presently send us him or them so offending to answer it, and they shall “ be sure to find our displeasure heav}'.” ALTERATION OF THE LAUDIAN STATUTES. 51 This letter being read in Convocation, Celebris ille coetus Doctorum, Magistrorum Appekdix D. Reffentium et Non-Regentium summa cum acclamatione omnique animi alacritate accept- . arunt et unanimi omnium consensu confirmarunt et ratificarunt ordinatioues has, Statuta et Decreta serenissimae Regise Majestatis. , ,1-, • i Case of the Heads It appears then by these extracts that the King did neither make the Procuratorial of Houses. Statutes into laws, nor confirm them before the general confirmation, but that they nere (sancita) enacted and made into laws, mei’ely by the authority of the University. 4. An answer to the objections made in Convocation to the representation of the conduct of the Proctors. Objectioxs. The business of the Convocation being opened by the Vice-Chancellor, the Statutes were read; and a proposal being made to give them a second reading, it was rejected by tlie Proctors • who in delivering their negative used the following words, “ Quibus de causis vetamus,’id palam fecimus, &c.” Upon which the Vice-Chancellor rose up and spoke to this effect : “ Your reasons are said to have been made public ; I have received a, printed paper, and would know, whether this paper contains your reasons ; ” addressing himself to each Proctor separately. To this question the Proctors having rephed in the affirmative, the Vice-Chancellor said, — In hac chartula omnia sunt falsa et futilia et prave detorta: haec chartula continet libellum. When he was called upon by the Proctors to ma,ke good his accusation, two instances of unfairness were alleged by him. First, that notwithstand- ing the Statutes had been many months under consideration, yet the Proctors commence their account from the fifteenth day of June only. This was true, but nothing to his pur- pose ; and it was answered, that what had passed before this tune, was transacted under the administration of the preceding Proctors; to which the Proctors now in office being utter strangers, were under a necessity of beginning their representation from the time the Statutes were laid before them. The Vice-Chancellor went on to give a long detail of the proceedings with respect to the new Statutes in the Conventus Prsefectorum ; and took occasion to mention, that it had been obiected, that the University had no power to alter or explain a Royal Statute ; and that to obviate this difficulty, a Case had been drawn by a very skilful person, and laid before two eminent Council ; who had given their Opinions in favour of the power claimed by the University. This gave him an opportunity of introducing his second instance of unfairness charged upon the Proctors ; and of calling upon them to declare, what they meant by the words, “ their own state of the case.” These words were repeated with much earnestness and warmth. But yet he did not, nor can he assert, that the gentlei'^n of opposite sentiments were at all consulted with, or had any hand in drawing up the Case ; or that they ever saw it, till it was produced by the Vice-Chancellor at one of their meet- ings. It is true they heard it read over ; but considering the length of the Case, £uid that several matters mentioned in it were quite new to them ; it could not be imagin(m that they on one cursory reading only could form any judgment of it : and yet, it is said, the question was put whether it should not be immediately laid before Council. So that the Vice- Chancellor is no more happy in this instance of unfairness than he was in the other, for if the gentlemen of opposite sentiments w'ere not consulted with in stating the Case, nor do to this day know who drew it up, and only heard it once read : it remains undeniable that these Opinions were taken on their own state of the Case. The Vice-Chancellor probably did not intend a compliment ; but the gentlemen, who are of opinion that explanatory Statutes could not be made in the manner pioposecp aie obliged to him for his acknowledgment, that they had suggested a method by which all difficulties mio-ht be removed. What the method was, and how received, will best appear from his own '’words. “ It is said. Ad Regem adire nos posse : plenum opus alese. De Rege ipso prseclara omnia et dice et sentio ; at ministro ministris ejus, etc. The practice of the University was mentioned by the Vice-Chancellor as a proof of its rio-ht to explain or alter Royal Statutes. Ab ipsis Academise incunabulis (says he) Statuta explanavimus. What is this more than to say, we have done it, therefore we may lawfully do it^ That the University might lawfully do it, till they received their present Statutes, nobody disputes. It was expressly admitted by the Proctors in their former representa- tion. But the instances produced of their explaining or altering any Statutes since that time are nothing to his purpose ; nor do they prove the least inconsistency in the conduct of the Proctors. One of the instances was, that Declamations are enjoined by a Statute made since the general confirmation ; and that one of the Proctors in obedience to that Statute hath regularly attended them. But if it had been considered that one of the con- firmed Statutes gives power aliquid de novo statuere; and that the exercise a luded to is entirely new, and not an explanation of any former Statute, this objection would not have been made. , i • x c A late Statute relating to Delegates of the Press was urged as another instance ot the University’s having made explanatory Statutes ; and the attendance of the 1 rectors upon this Delegacy was also mentioned as a further proof of their inconsistency. But can it be shown, that the Proctors attend this Delegacy in obedience to the new Statute Are they not Delegates of the Press in virtue of their offices? And therefore, though they have been present at several meetings, might they not have met in virtue of their office . The Proctors claim no power from the new Statute : they act under their ancient rig t. The last instance produced by the Vice-Chancellor, referred to the holding of Convoca- tions on some occasions in the T heatre. But is there among the confirmed Statutes any one which appoints Convocations to be held in any particular place ? If there Corxlact of the Vice-Cliancelloi'. Answer to alleged cases of alteration of Statutes. Appekdix D. 4. Answer of the Proctors to Objections. Proctors’ veto disregarded. Answer to another alleged case of alteration. General complaints. 5. Legal Opinion OF Sir J. Campbell AND Dr. Lushing- TON IN 183(3. 52 ALTERATION OF THE LAUDIAN STATUTES. this instance affect the Proctors ? Did they ever deny that the University might make rules at their pleasure, concerning matters not provided for by any of the confirmed Statutes ? But suppose these instances had been so many proofs that the University had made Explanatory Statutes ; what advantage could the Vice-Chancellor have made of it ? Could he have said, that whatever hath been done, may lawfully be done again ? ^Vould not all serious men examine the instances by the Statutes ; and if they are not warranted by them, would they not repent of having done wrong, rather than persist in doing it ? The Vice-Chancellor, having finished what he thought fit to say with respect to the behaviour of the Proctors, addressed himself to the members of Convocation for their opinions touching the Explanatory Statutes. The Proctors here found it necessary to re- peat their negative ; whereupon the Vice-Chancellor called upon them in the following words; Jubeo vos facere scrutinium. How far this was consistent with the constitution of the University, or the power expressly given by Statute to the Proctors ; they do not determine, d hey know not any Statute which countenances such a command. 'J'hat no objection which hath come to the ears of the Proctors relating to their conduct, however trifling it he, may be left unanswered, some notice must be taken of an observa- tion made by some gentlemen upon the Statute for transferring certain Act Exercises from St. Mary’s Church to the Theatre. These gentlemen sa}^, that the Act Exercises were directed to be performed in St. Mary’s Church by one of the Statutes confirmed by King Charles the First ; and conclude, that if the University had power to make this alteration, it has the same authority to alter any other of the confirmed Statutes. This argument is founded on an imagination that these Exei’cises were directed to be performed in St. Mary’s Church for ever. But suppose that this imagination is without foundation ; and that the Statute expressly impowers the University to transfer these Exercises to any more conve- nient place ; what then will become of this argument ? And this was really the case. For that very Statute hath the following clause in it. Donee alias de commodiori loco provisum fuerit. The Proctors think that they have not omitted or misrepresented anything which was said by Mr. Vice-Chancellor ; and that both in this paper, and in that which they printed before, they have treated him, and every other gentleman, with as much respect as is con- sistent with a true representation of their conduct, and therefore they have a right to com- plain of the treatment they received at the last Convocation. Reproaches and hissings were plentifully bestowed upon them, without any provocation : to put their negative, where the interest of the University, or their own oaths recjuire it, is an undoubted privilege of the Proctors : and though they are no more obliged to give reasons for doing it, than other gentlemen are obliged to give reasons for their votes ; yet they submitted to publish many objections to the two Explanatory Statutes, several days before they were proposed in Con- vocation. The Proctors expected that the University would at least have been satisfied that they were candid and impartial ; and that their objections, if they were not well founded, were the result of their judgment. But this expectation, reasonable as it was, proved vain ; and they Avere treated with reproaches from one whose duty it was to have protected them ; and^vith hisses from other gentlemen, whose education should have taught them a more ingenuous and liberal behaviour. The Proctors’ objections had been public more than ten days, and gentlemen had sufficient time to have shown the falsity or futility of them in a proper manner, if they had been able to do it. This was attempted by no one, except the V ice-Chancellor ; how far he hath fallen short of doing it, hath been already observed. So that the Proctors may now affirm, that no one fact stated in their represen- tation hath been proved to be false ; nor one reason proved to be futile. Reason and truth are too strong to be borne down by noise and clamour ; and whoever sets himself against them, will for ever be foiled. Though the Proctors are entirely satisfied that what they have done is right, and have no uneasiness from the treatment they have met with ; yet they thought themselves concerned to give this further representation of their conduct : and they think that gentlemen, when their heat and passions subside, and they can coolly reflect upon what has passed with respect to these Statutes, will justify the Proctors, and condemn the violence with which they have been pursued. 5. Legal opinions on the Statute passed May 5th, 1836, in the Convocation at Oxford, having for its object to deprive the Regius Professor of Divinity, during the pleasure of the University, of certain privileges annexed to his office by the Laudian Statutes. The First Case. Opinion of the Attorney- General and Dr. Lushington. Queries. 1. Do the king’s letters patent, authorizing the adoption of I he Caroline Code of Statutes, amount in law to a charter, and is the accept- ance of the University of such a nature as to bind them to the strict observance of the whole Code ? Opinion. 1. We are of opinion that the king’s letters patent authorizing the adoption of the Caro- line Code of Statutes, are, in legal contempla- tion, a charter, and that the University of Oxford accepted the same. There being no- thing in those Statutes to show that the Uni- versity should have an option to accept in part and reject in part, we think the whole body of Statutes was accepted, and consequently that they are binding on the University. ALTERATION OF THE LAUDIAN STATUTES. 53 Queries. 2. Can any usage subsequent to 1759, (the date of Mr. Morton’s and Mr. Wilbraham s opinion) if such usage exist, control the effect of the Statutes? 3. What power, if any, does the University possess of abrogating or altering the Caroline Statutes, or any existing Statutes which may have passed prior thereto ? 4. Are you of opinion that the proposed Statute, hereto annexed, can be lawfully passed by the Convocation ? Temple, April 30fA, 1836. Opinion. 2. We are of opinion that no usage, subse- quent to 1759, can control the effect of the Statutes. 3. We think that the University possesses such power of abrogating and altering the Statutes as is conferred by the Statutes them- selves, and further, such power of making or altering Statutes, as existed by usage prior to 1 636, and is not inconsistent with, or contrary to, the Caroline Statutes. 4. As a material part of the proposed Sta- tute appears to us to be inconsistent with the Caroline Statutes, we are of opinion that it cannot legally be passed by the Convocation without the consent of the Crown. (Signed) J- Camprell. ^ J, Lushington. Appendix D. 5. Legal Opinion OF Sir J. Campcei.i. AND Dr. Lushing- ton IN 1836. The Second Case. Opinion of the Attorney-General, Dr. Lushington, and Mr. W. Hull. ^ T-» f r /*\XT Queries. 1. Had the University in 1636, power to accept a Charter from the King which should bind their successors, such Charter abridging the powers conBrmed to the University by the Act of Parliament of the 13 th of Elizabeth j and if so, are not the words “ Statuia Regia auctoritate sancita vel confirmata, ’ p. 119, to be understood of particular Statutes alone passed in 1634, and included in the words “ Statuta jam condita” ? Opinion It is obvious from the opinions of Mr. .Justice Blackstone and Messrs. Morton and Wilbraham, that doubts have heretofore existed as to the extent of the power of the University in repealing the old and making new Statutes. If the University possessed an unlimited power of repealing old and making new Statutes pi ior to 163b, and that power is not modified by the Statutes of 1636, it can exist only by force of the Act of Parliament of 13th Elizabeth, lor no less authority can prevent the doctrine established in the case of the “ King and Westwood,” attaching on this case. There is no proof, to our knowledge, that any such unlimited power ever existed, and certainly in 1636, none such was supposed to exist. We think, therefore, that the answer to the 3rd Query of the former case is well founded. We think the Laudian Code is binding on the University as a Charter accepted by it. In that Code we find no general repealing power. The accustomed power o( making °new Statutes is reserved, but under certain restrictions. Nothincr done by the authority of the Crown could (as'’ is most clear) have the effect of repealing an Act of Parliament ; but we do not conceive that the Act ol Elizabeth bound the University from accepting a new Charter from the Crown. The intention of that Act was to make the Charter theretofore given “ good, effectual, and available in law and in our judgment, as Charters, and nothing rnore, curing all legal defects which may have existed in them, and preventing any possible bygone forfeiture from attaching, but not to alter the nature of the Charter, and to make it and every part of it binding. A Parliamentary confirmation of this kind, does not in our judg- ment, tie up the Crown and the University, the one from the granting and the other from accepting a new Ciiarter. 1. We are disposed to think that it w'as competent to the Cniversity to accept a new Charter from the Crown, though, in some respects, it might abridge the powers enjoyed^ prior to the statute ot Elizabeth. But even if this were otherwise, it would be necessary foi them who contend that a power contrary to the Legal Opinion of Sir j. Campbell, Dr. Lushington, and Mr. W. Hull, IN 1836. 54 ALTERATION OF THE LAUDIAN STATUTES. Appendix D. Legal Opinion op Sir J. Campbell, Dr. Lushington, AND Mr. W. Hull, IN 1836. Queries. 2. Is the University bound by the legal construction of the passage, such construction being assumed not to have been contemplated by those who framed or confirmed the sta- tutes ? 3. Is the whole statute or any part of it, for any and what reasons illegal or void, or in any or what way voidable? 4. Must it be put in operation before any proceedings are had to declare it void, or quash it ; or can any and what proceedings be now instituted for that purpose? 5. What proceedings, and before what tribunal, are open to the Regius Professor, or to any other and what person, for the purpose of declaring void or quashing this statute ; and what proceedings for that purpose, by what person, in what character, do you recom- mend in behalf of the Regius Professor of Divinity ? 6. Is there a Visitor of the University of Oxford? In w'hom is the power of visiting vested, and what is the mode or process by which Dr. Hampden can bring before the Visitor the question of the legality or illegality of the statute against him ? Opinion. Charter existed prior to the statute of Eliza- beth, to show it. Some obscurity rests upon these words, Statuta Regia auctoritate sancita vel confir- mata,” as used in the Statute Book, tit. x. sec. 2, par. 2, p. 119 ; but we are of opinion that these words are not to be confined to par- ticular statutes passed in 1634, comprehended under the terms “ statuta jam condita,” but that they do extend to all statutes to be made after that period by the authority of the Crown. 2. We apprehend that the University must be governed by the legal construction. 3. We think that the statute of 1836 is illegal, as violating the restrictions imposed by the Laudian Code, and as passed by the assumption and exercise of a power which has not been conceded to the University. 4. We think the statute must be put into operation before any proceedings could be taken by action in any Court of Common Law. 5. We think the Regius Professor, or any Member of the University, may present an appeal against the statute of the Visitor. 6. We are of opinion that there is a Visitor of the University of Oxford, and that the power of visiting that University is in the Crowm; and that a petition in the usual form will bring before His Majesty the legality or ille- gality of the late statute, and other proceedings against Dr. Hampden. Temple, December \7th, 1836. (Signed) J. Campbell. Stephen Lushington. William Winstanley Hull. [ 55 ] APPENDIX E. [See Report, pp. 17, 18, 24, 25, 30]. Report of a Committee of the Hebdomadal Board, in answer to an Address upon the Extension of University Education. — Presented to the Board of Heads of Houses and Proctors, March 16, 1846. Appendix E. Report of a Com- mittee OF THE Heb- domadal Board on University Ex- tension. The following paper, with some others on the same subject, was communicatecl to your Committee : — “ Considerable efforts have lately been made in this country for the diffusion of civil and “ Spiritual knowledge, whether at home or abroad. Schools have been instituted for the lower “ and middle classes, churches built and endowed. Missionary Societies established, further “ schools founded, as at Marlborough and Fleetwood, for the sons of poor clergy and others ; ‘‘ and, again, associations for the provision of additional ministers. But between these schools, on the one hand, and, on the other, the ministry, which requires to be augmented, there is a “ chasm which needs to be filled. Our Universities take up education where our schools leave “ it, yet no one can say that they'have been strengthened or extended, whether for clergy or “ laity, in proportion to the growing population of the country, its increasing empire, or deepening “ responsibilities. _ . . “ We are anxious to suggest that the link which we find thus missing in the chain of im- provement should be supplied, by rendering academical education accessible to the sons of parents whose incomes are too narrow for the scale of expenditure at present prevailing among the junior members of the University of Oxford, and that this should be done through the addition of new departments to existing Colleges, or, if necessary, by the foundation of new collegiate bodies. We have learned, on what we consider unquestionable information, that in such institutions, if the furniture were provided by the College, and public meals alone were permitted, to the entire exclusion of private entertainments in the rooms of the Students, the annual College payments for board, lodging, and tuition might be reduced to 60/. at most, and that, if frugality were enforced as the condition of membership, the Student s entire expenditure might be brought within the compass of 80/. yearly. u j -i r • “ If such a plan of improvement be entertained by the authorities of Oxford, the details of its execution would remain to be considered. On these we do not venture to enter, but desire to record our readiness, whenever the matter may proceed further, to aid by our personal exertions, or pecuniary contributions, in the promotion of a design which the exigences of the country so clearly seem to require.” Sidney Herbert. Canning. Mahon. W. B. Baring. .1. Nic HOLE, Judge Advo- cate. W. J. James. Sir R. G LYNNE. J. E. Denison. Wilson Patten. R. Vernon Smith. S. Wilberforce. “ Sandon. Ashley. R. Grosvenor. W. E. Gladstone. T. D. Acland. Ph. Pusey. T. H. S. Sotheron. Westminster. Carnarvon. T. D. Acland, Bart. W. Bramston. Lincoln. R. Jelf. W. H. Hale. W. Heathcote. Edw. Berens. J. Woolley. Horace Powys. Hon. W. Herbert, Dean of Manchester. G. Moberley. A. C. Tait. H. Labouchere.” Your Committee, having considered these communications, and having made some inquiries Answer of the into the present state of the University, with respect to accommodation and expense, beg to Committee, submit the following Report. It appears to your Committee most desirable that the University should be considerably extended; that the advantages of academical education should be a,tiorded to many more of the sons of the higher classes of the community, whatever their destination in after-life ; and, above all, they apprehend that there is an urgent call for many more than the University now sends forth to meet the daily-increasing demands for additional labourers in the ministry of the Church of England at home and abroad. They believe it also to be highly desirable that increased aid and facilities should be afforded to the sons of the poorer clergy and gentry, who are often unable to sustain the usual expense of a Univ'ersity education. It should not, however, be forgotten that much has been already done within the University of Oxford to meet the increased demand for admission subsequently to the peace of 1814. The number of Undergraduates on the books of the University increased from l,0-/2, in Increase of the 1812, to 1,346 in 1820, to 1,481 in 1830, and it was 1,480 in 1845. The matriculations (a Number of Oxford better criterion of the number of Undergraduates under actual instruction), which were 22/ in 1812, rose to 444 in 1824, and they averaged 415 during the ten years ending 1829; thus, the period of residence being three years, we find an increase of above 400 resident Under- graduates, and below the standing for the B.A. an increase of 550. During the ten years ending 1839, the matriculations averaged 385, and 407 during the six years ending 1845. The number of Students who passed their examination for the degree of B.A. was 153 in 1812; but it amounted to 224 in 1820, to 273 in 1830, to 323 in 1840, and 297 in 1845. The number of educated persons, therefore, sent forth annually by the University has been considerably increased ; in a ratio, indeed, exceeding that of the increase of the population of 56 REPORT of a COxMMlTTEE of the HEBDOMADAL Appendix E. IIeport of a Com- mittee OP THE Heb- domadal Board on University Ex- tension. Reduction of Expenses. Actual Expenses. Proposal of a new College. England and Wales during the same period. And not to speak of the larger increase in the number of persons educated at Cambridge, within the same period, or of those who have been sent forth by the new Colleges and Universities which have arisen since the peace, the number of persons now existing who have been educated at Oxford alone must be between 4,000 and 5,000 more than were living 30 years ago. To accommodate so much larger a number of Students (all, with very few exceptions, obliged by statute to lodge for the first three years within the walls of the collegiate buildings), several Colleges and Halls have added considerably to their number of rooms, some to the extent of a third or fourth, the total addition being about 170. At the present time, however, notwithstanding the great increase in the number of Under- “■raduate Members, as well as in the total amount of names on the books of the University ^above 2,200 more than there were 30 years since, and nearly 500 more than in 1830, when the matriculations were the most numerous), it may nevertheless be inferred, from the decrease in the average number of the matriculations subsequently, in 1829, and the increase in the number of rooms, that there are rooms in the University unoccupied, perhaps, from 60 to 80; so that a considerable number of Students might obtain immediate admission in the University. With regard to expense, also, much has been done with a view to the regulation and dimi- nution of the necessary expenses of the Students, and it will scarcely be found practicable to reduce them to a much lower scale. It is probable that in some cases the regulations are somewhat too strict at present, the Students being thus exposed to the temptation of supplying from without what they think deficient within the walls. In some instances, when a College has itself supplied everything, it has done so at an actual loss; and in all cases the expenses would be higher, were it not for the contributions of the Colleges themselves towards the sup- port of the establishment. The expenses of the Commoners, as they appear on the books of several Colleges and Halls, are found to vary from about 55/. per annum to about 104/., the average annual rate of expense being in some Colleges 65/., in others 75/., in others 80/. These include, besides the expenses of the table (except grocery), tuition, room-rent, coals, dues to the University and the College, servants’ wages, and, in some cases, washing and other items. Suppose the whole expense to be 73/., and deduct for tuition 16 guineas, room-rent 10/., dues 3/., servants 4/., then the exjiense of living will appear to be about 39/. for the academical year. But individuals are living at a still smaller expense — at little more than 30/. per annum, and this without being secluded from the general society of the College. To estimate these expenses properly, we should compare them with those of our public schools and new Collegiate institutions. They would, in fact, be larger were it not for the endowments of Colleges and Prol'essorships. Hence, the Commoners tuition for the entiie period of academical education is from 48 to 64 guineas (the payment being distributed over the several terms, usually of four, sometimes of three years) ; whilst Professorial is, in many cases, gratuitous, the lectures in the department of Theology entirely so, for which, in other places, the remuneration exceeds the whole expense of tuition at Oxford. As to expenses without the walls of Colleges, they must depend for the most part upon the prudence and principle of the Students themselves, and upon the efficient co-operation of their parents with the endeavours of the College authorities. The subject has frequently engaged the serious attention of the authorities of the University. There are existing and effective regulations against expense ; others have from time to time been devised, and abandoned as^ ineffectual. If the Student will combine with the tradesman to evade the sumptuary laws of the University or the College, he will frequently succeed and escape detection , and additional impediments have been opposed of late to the University laws affecting the tradesmen of the place by the rapidity of communication with the metropolis. These are circumstances, then, to be borne in mind in considering the suggestions which have been offered for increasing the accommodation and diminishing the expenses of the University. , -u tj u For these purposes it has been suggested to found a new College, or build a new Hall, under its own officers and government ; to add new buildings to existing Colleges, with a distinct economy, but under the government of the existing College authorities; to provide exhibitions tenable by Members of any College or Hall ; to provide for the accommodation of a great number of Students, by abridging the statutable residence, within the walls of Colleges or Halls; or to allow Students to lodge in houses not locally attached, as the statutes at present require, to some College or Hall, but under the supervision of some senior Member or Fellow of a College. u tt • • 1. There appears to be no reason why the Crown should refuse a Charter, or the University deny incorporation, to a new College properly endowed and regulated. But to build and adequately endow a new College is suited rather to ancient munificence than to the economical views of modern times. A Hall without endowments, or a College insufficiently endowed, would of course entail heavier expenses upon the Students for tuition and other advantages than they incur in the ancient foundations, where the Tutors and other officers being usually Fellows — are in part, and the Heads of Colleges are altogether, sustained by the endow- ments. A new College should also be independent. The University, it is presumed, would decline to incorporate any institution analogous to a proprietary school. But supposing a spirit of munificence to arise equal to the occasion, it is little likely that a new institution (although for a time under peculiar and stringent regulations it might introduce some improvements or diminish some expenses) would long continue better or more economical than the old. The average expenses at the New University of Durham, for e.xample, do not fall below the amounts above mentioned at Oxford. In a few years, the general character and regulations of any new institution would probably be as like the rest as these are like one another. BOARD on UNIVERSITY EXTENSION. 57 2. To add new buildings to existing Colleges, whether with or without a distinct economy or regulations, or with a diminished rate of tuition, or lower rent of rooms, or with furniture or other advantages supplied gratuitously, is a much simpler expedient, and would require much smaller funds ; and it would of course require no other consent than that of any College which might be willing to receive aid from without for such a purpose. It does not, however, appear desirable to create any order of Students in a lower rank, or what would be considered a degrading position, nor to endeavour to restrict them altogether to public meals. 3. A still simpler expedient, and one which might either be united with the former or kept distinct from it, would be the foundations of exhibitions to be conferred, not upon grounds of literary merit, but of poverty, character, and economical habits, for the direct purpose of aiding those, and only those, who need such assistance, and to be forthwith taken away from those M'ho would not conform to regulations of strict economy. No plan can be suggested more consistent than this with our actual system. Advances of money also, to cover the first expenses of the University, the fees, caution money, and cost of furniture, might often be serviceable to parents of narrow incomes, and might be afterwards in part, or altogether, repaid ; and such advances or exhibitions might be given at the discretion of the College authorities or by other parties, either openly, or, as is sometimes the case at present, privately, without the knowledge of any one besides the persons who confer and who receive them; since, in the year 1812, it may be mentioned, about thirty scholarships and exhibitions have been founded at Oxford (in several cases by the Colleges themselves), besides five Fellowships and nineteen University prizes or scholarships for literary attainments. Few, however, if any of these, are intended solely to meet the case of straitened circumstances. 4. With respect to the suggestion for increasing accommodation and diminishing expense, by abridging the statutable residence at the University, your Committee are of opinion that it would not be expedient to shorten the period of necessary residence. .5. Lastly, as to the suggestion, that Students might be permitted, under proper regulations, to reside in houses not locally attached to Colleges, but kept and superintended by senior Members of the University, responsible for the Students under their supervision, your Com- mittee are, for the most part, not prepared to recommend any relaxation of the existing statutable restrictions upon the residence of Undergraduates without the walls of Collegiate buildings. But it would appear, upon the whole, that there is ample room for the exertions of benevolence and liberality, such as your Committee are required to see indicated in the paper prefixed to this Report, whilst there are several methods by which they might be carried into efl'ect con- sistent with the present statutes and practices of the University. Resolved — That the Board, without expressing any opinion upon the suggestions contained in the preceding Report, permit the Provost of Worcester to communicate copies to any of the parties whose names are attached to the paper prefixed to it. B. P. Symons, Vice-Chancellor. Delegates’ Room, March 16, 1846. 2 A Appendix E. Report of a Com- mittee OP THE Heb- domadal Fioard ox University Ex- tension. 2. Proposal of new Buildings annexed to existing Colleges. 3. Exhibit! ins. 4. Diminiili )■) of Residence. Private LoJiring Houses. STATEMENT reqiecting the PROFESSORSHIPS at OXFORD. X Pm Pm <1 X- i STATEMENT respecting the PROFESSORSHIPS at OXFORD. I, GO STATEMENT respecting the PROFESSORSHIPS at OXFORD. o Z' O) o .§ CS u ^ o a 5 ^ o — ^5 ^ 00 ^ i> CO a CO c ^ 00 a CO 3 a Q 5 a o c 332 2 a a ^ 04 00 CO ^ t- 00 2 3£ — a a- -a U !r" ' 5 ^ "rt a a , a a ^ c/: u >» ;CAj g 1 o § - o a . a^ 'S. ;3 ^ 13 I i -^1 a a 'a ^ 5 *o ad ^ ^ JO S' ad a. & •n ■ o a : C ^ ^-T 04 3 a 3 •a: o •*j o ^ TO 04 ^ 'to O 9 • 3 0 a 3 "a t/3 ’-— 1> s<: ^ go ^ a 3 *3 ^ O j " « L3 a •-• H ="~ .ar« f J-3 a 4) c3 . ^ t/5 o 3 ! O) U3 b- 4J aa= J .. 3 I c a & H — ■ °o I C3 O) ^ - , ’d u J J C3 J “"S § “"S s, g E.B-S-' a a 5 *a .ts o 3 a; 5->E J 0.2 - * ■^z ■ a,«a o\ Si S 3 ^ O (/3 O' u 8g o a a ^ ti t- fe a ^ (A a 3 . a a S ^ 15 ^ ^ 3 O to- CS >» TO a a TO a bfl a ^3 C a 1* a: P5 Oh ca o Oh C^ .V ^ g^ V-( r r S-* ..^ Um ^ C c/:' O >< tw ^ 43 Cl. -J o 3 o cq >> O a o O 3. 3 ^ TO J" O Is s * 3^ i j ^ Z! ^ 1^ ^ a ad.iii o ^ fc- j3 o=« a St p U < p a (D ad ad O TO o c i-q %6 oCQ > a t, a° .2 a "to *2 to '1 g O > o a lcS_ Cf-( '2 i rt O § 2 O ^ Q p ! = 3 P a ^ <- fcc ^ 3 'o oO o> a as « o a S* S g-s o H d TO — ^ 2 W • ~ > TO ^ *3 — C 04 a o K o a a > fe te goo O t« _o o o ^ .*3 5- 55 O H -51 ?; 31 tH (fi U P 2 o» ■li a: o « • t- >s ^ a <1^ ad cu 3 . X o W g a ^ — Oh c ;;.^ c*a a a ^ o W3 O S J J j « J .2 J ^ U O .-. *03 TO ^ a: 0- . W. ‘‘ ^ a *r tb *a 'bjD g^ O o ca y o a TO U S 3 a ^ s a. it 33 s s .= Piaster hsec et alia solvenda sunt ab habentibus SOU”, pro convivio et chirothecis. TABULA FEODORUM IN MEDICINA. 63 c» a- .2; a, * " -O bD^ y 0 ^ Cl CO ^ O rt ^ *T3 a; ^ o *n ™ ’3 rD . •— y ~ no -- D ”"g ^ o ’ 5 x) 0-0 pg 3 y ^0-0 . 2 D.-S S? o 2 a: -c S "o = d 5 00 5 5 *o CO 5 5: CD O o CO O Cl 00 5 5 o t>» CO Cl t>. 5 5 5 Cl CO CP •rp d CO 5 -!P 0^00 • •^ CO 5 5 5 5 Cl Cl 5 CO d Tp 5 ^ 5 5 5 -!P CO CO CO CO 5 «D 5 O CO o CO 5 5 O 5 5 5 CO ^ O O cS ‘2 -D O y y Q. «:S s O) 5= 3 5:2 2 o cu aj 5 o ! rt j 5 rp CO rp • CO 00 CD CO . . Tp . ^ 5 00 5 GO . CO cs CO o> • CO ♦CO • CO CO 00 CD 5 ^ CO s ■ a “3s ^ TO C S Ph «5 ^ ^ CU »-H CO CO 00 CD CD CO CD 00 QQ ^ 00 «5 O = CO ^ =o> 2 ts*Tp CD ff>CDM< CD t>* ^ ^ ^ I-Hd 5 == Piieter hsec et alia solvenda sunt pro convivio et chirothecis. G4 TABULA FEODORUM IN SS. TFIEOLOGIA, (^Licentia ail priBilicamluin 68 UNIVERSITY DUES. Appendix H. APPENDIX H. [See Report, p. 126.] University Dues to be charged on the Books of the several Colleges and Halls. Doctors of Divinity, Law, or Medicine . Bachelors of Divinity, Law, or Medicine M.A. of 2 years’ standing from Regency Other M.A. of Colleges Do. of Halls B. A. of Colleges Do. of Halls Undergraduate Students in Law orl Medicine j Other Undergraduates of Colleges . Do. of Halls QUARTERLY. Culets. Bodleian Library.* Charter. St. Mary’s Gallery. Divinity Clerk. Unendowed Lectures.f Police Tax.J s. d. d. s. d. s. d. d. d. s. d. 1 8 2 0 0 3 0 1 1 3 1 0 2 0 0 3 0 1 1 3 0 6 2 0 0 3 0 1 1 3 0 3 2 0 0 3 0 1 1 3 0 2 2 0 0 3 0 1 1 3 0 3 2 0 0 3 0 6 0 1 0 6 1 3 0 2 2 0 0 3 0 6 0 1 0 6 1 3 1 1 0 0 3 0 6 0 1 0 6 1 3 0 3 • . 0 3 0 6 0 1 0 6 1 3 0 2 • • 0 3 0 6 0 I 0 6 1 3 YEARLY (IN ACT] TERM).** ++ PhP.< O =T bo ^.S If ( 1 ( 1 -^ s. d. s. d. 0 6 0 4 0 4 0 4 0 6 0 6 0 6 * Undergraduates of four years’ standing are also to be charged with 2s. t Appropriated by Decree of Convocation May 14, 1839, to the Prselector in Logic, after deducting a payment of 9Z. due to the Saviiian Professors of Geometry and Astronomy. t Subject to slight variations. Now Is. § Charged on all who have resided fourteen days within the last four terms. II Charged on all members. ^ Depending on the assessment made by the University Bailitf, according to the expenses of the year. Servitors are not charged for culets, gallery, or public walks. ** The last year ending November 18,'jO, 6s. 9rf. Delegates^ Room, Oct. 28, 18.50. F. C. Plu.mptke, Vice-Chancellor. [ 69 1 APPENDIX K. [See Eeport, p. 61.] Returns for the last Five Years from the Vice-Chancellor and Heads of Houses in Oxford and Cambridge, and the Provost of Trinity College, Dublin, of the Number ot Students entered annually i.i the Books of each College or Hall within the Universities ol Oxford, Cambridge, and Dublin; the Number of Candidates in each Year for the Decree of Bachelor of Arts, specifying the Number both of successlul and of unsuc^sstul Candidates in the Degree Examination ; the Number of Testimonials for Holy Orders granted annually by each College or Hall within the said Universities ; the Averap_ lumber in each Year of Resident Undergraduates in New College, Oxford, and Kiisg s College, Cambridge ; and the Annual Number of Candidates from those two Colleges in the University Examinations for the Degree of Bachelor of Arts. UNIVERSITY OF OXFORD. gjjj University College, Oxford, January 5, 1850. I HAVE the honour to transmit to you certain Returns relating to the University of Oxford, to be laid before the House of Commons, which I have prepared, so far as was in my power, in obedience to the commands of Her Majesty the Queen, as conveyed to me in your communication ol the 16th of July last. These Returns have been made up to the 31st of December, 1849. I have, &c., F. C. Plumptre, The Right Hon. Sir George Grey, Bart., Vice-Chancellor. Secretary of State, ^c. §’c. 1. A Return, for the last Five Years, of the Number of Students entered Annually on the Books of each College or Hall in the University. It appears from the Register of Matriculations, that the following number of Students weie matriculated and entered on the books of the several Colleges and Halls in each of the last five years ending 31st December, 1849. This list does not include the number of S^dents who, subsequent to their matriculation, may have removed from one College or another, in consequence of election to vacant Fellowships or Scholarships, or otherwise, there not being any public record kept of such removals : University of Oxford Return of Matriculations. 1845 4846 184T 1848 1849 University College 12 22 19 15 21 Balliol College 23 22 27 26 26 Merton College 10 11 5 10 12 Exeter College 44 42 32 37 43 Oriel College .... Queen’s College . 16 25 13 18 18 23 10 30 22 28 New College .... 8 3 4 10 5 Lincoln College All Souls’ College . 12 14 15 13 16 1 • . 2 • • 1 Magdalen College . 7 6 4 3 2 Brasenose College . 33 31 25 26 26 Corpus Christi College 5 5 7 6 6 Christchurch College . .63 53 60 54 46 Trinity College St. John’s College . 25 25 19 16 27 24 18 16 20 r5 Jesus College .... 13 14 16 10 17 Wadham College . 31 27 24 20 26 Pembroke College . 28 25 15 23 26 Worcester College . 30 31 28 33 33 St. Alban Hall ... 2 1 1 1 St. Edmund Hall . 10 5 12 7 7 St. Mary Hall .... 7 4 6 7 11 1 New Inn Hall .... 1 . e 1 2 Magdalen Hall 20 16 25 32 27 Total . 1 438 410 406 411 440 1 2. A Return of the Number of Candidates, in each of the said Five Years, fm- the Degree Return ot Degrees of Bachelor of Arts, specifying the Number of successful and unsuccessful Cam idates in the Degree Examination. It appears from the Printed Lists issued by the Senior Proctor previous to the commence- ment of each Examination, that the Number of Candidates for the Degree of Bachelor ol .Arts in each of the said five years, was as follows : — 70 RETURNS FROM UNIVERSITIES OF Ai'rENDix K. Return of Tes- timonials for Holy Orders. University of Cambridge. 1845 1840 184 T 1848 1849 Easter Term .... 219 197 186 223 227 Michaelmas Term . 179 187 176 181 216 Total . . 398 383 362 404 443 It also appears by the Printed Lists issued by the Public Examiners at the close of each examination, that the number of those who passed the Examination, either with or without “ Honoui’s,” in each of the said five years, was as follows : — 1845 1846 184T 1848 1849 Easter Term .... 147 142 151 172 153 Michaelmas Term. 130 140 136 132 154 Total 277 282 287 304 307 No record is kept of the names or number of unsuccessful Candidates, nor of the number (which is usually considerable) of those Candidates, who, from various causes, voluntarily withdraw their names previous to their examination. 3. A Return of the Number of Testimonials for Holy Orders granted annually by each College or Hall within the University, in each of the said five years. There are not any records from which a Return of the number of Testimonials for Holy Orders granted annually by each College and Hall can be made. 4. A Return of the Average Number, in each of the said Five Years, of Resident Under- graduates in New College, Oxford. No Returns are required to be made each year of the number of Resident Undergraduates in any of the Colleges or Halls within the University; and I am unable to state the average number of Resident Undergraduates in New College in each of the said five years. 5. A Return of the Annual Number of Candidates from New College in the University Examinations for the Degree of Bachelor of Arts. It appears from the Printed Lists issued by the Senior Proctor previous to the commence- ment of each Examination, that the number of Candidates from New College, in each of the said five years, was as follows : — 1845 1846 1847 1848 1849 Easter Term .... 1 3 3 4 Michaelmas Term 3 2 2 2 Total 1 3 5 5 6 F. C. Plumptre, University College, Oxford, January 4, 1850. Vice-Chancellor. UNIVERSITY OF CAMBRIDGE. Sir, St. Peter s College, Cambridge, November 1, 1849. In compliance with the request contained in your letter of the 16th of July last, I have the honour to transmit to you certain Returns relative to the University of Cambridge, in order that they may be laid before the House of Commons. I was unable to prepare them immediately on the receipt of your letter, in consequence of the absence of several members of the Uni verity during the long vacation ; but I forward them to you with as little dela}^ as possible, and as complete as I can furnish them. I have, &c., H. W. COOKSON, To G. Cornewall Lewis, Esq. ^'c„ Vice-Chancellor. Whitehall, London, OXFORD, CAMBRIDGE, AND DUBLIN. 71 Return, for the last Five Years, from the Vice-Chancellor and Heads of Houses in Cam- Appendix K. BRIDGE, of the Number of Students entered Annually in the Books of each College or . Hall within the University of Cambridge ; the Number of Candidates in each Year for the Degree of Bachelor of Arts, specifying the Number both of successful and unsuccessful Candidates in the Degree Examination; the Number of Testimonials for Holy Orders granted annually by each College or Flail within the said University ; the Average Number in each Year of Resident Undergraduates in King’s College, Cambridge; and the Annual Number of Candidates from that College in the University Examinations for the Degree of Bachelor of Arts. Name of College. Number of Students entered in the Year ending 10th October, Number of Testimonials for Holy Orders granted during the Year ending lOtli October, 1844 1845 1846 1847 1848 I 1844 1845 1846 1847 1848 St. Peter’s . 14 21 23 22 21 10 14 14 13 15 Clare Hall . 12 20 19 11 19 5 12 5 10 4 Pembroke . 10 9 5 5 10 14 9 5 6 7 Caius .... 32 33 41 31 26 11 9 9 15 15 Trinity Hall . 14 16 12 8 10 3 7 3 5 4 Corpus Christi 33 26 29 21 24 21 20 20 25 22 King’s .... 5 3 2 2 4 • . No record kept. .. Queen s . . . 38 39 36 25 36 17 7 15 14 IS Jesus .... 10 17 15 16 23 16 12 10 12 3 Christ’s 24 28 33 23 20 14 18 14 21 24 St. John’s . . . 128 104 125 126 97 . • No record kept. Magdalen . 20 14 15 22 21 13 12 8 12 9 Trinity . . . 141 155 167 153 151 51 55 58 51 65 Emmanuel 30 27 30 27 25 • • No record kept. . • Sidney .... 15 13 6 15 8 8 9 8 6 6 Downing n 2 2 8 4 1 1 • • 1 1 Number of Candidates for the Degree of Bachelor of Arts in the Year ending October 10. Retain of Degrees. Years. Successful Candidates. Unsuccessful Candidates. Total. 1844 312 30 342 1845 354 28 382 1846 328 28 356 1847 351 24 375 1848 335 35 370 Those Candidates for the Degree of Bachelor of Arts who are members of King’s College are not subjected to any examination by the University. KING’S COLLEGE, CAMBRIDGE. Number of Resident Undergraduates. 1845 . , 12 1846 11 1847 • • 15 1848 16 1849 • 14 68 Average Number for five Years ... 13 H. W. COOKSON, St. Peters College, Camhridge, November 1, 1849. Vice-Chancellor. TRINITY COLLEGE, DUBLIN. Trinity College, Dublin. Sir, Trinity College, Dublin, September 21, 1849. In accordance with your letter of the 16th July last, and the printed instructions which 72 RETURNS, &c. Appendix K. Return of Matricu- lations. Return of Degrees. accompanied the same, I am directed by the Provost of Trinity College, Dublin, to forward to you the enclosed official Returns. You will have the kindness to acknowledge the receipt of the same. I have, &c., Richard M‘ Donnell, D.D., To G. Cornewall Lewis, Esq. Registrar. Return of the Number of Students that entered the University of Dublin for the Five Years ending on the 8th of July, 1849. Number. From 8th July 1844, to 8th July, 1845 . 366 99 1845 „ 1846 . 368 9 ’ 1846 1847 . 371 99 1847 1848 . 333 99 1848 „ 1849 . 327 Return of the Number of Candidates for the Degree of Bachelor of Arts, for the Five Years ending- on the 8th of July, 1849. 1844, to 8th July, 1 845 Number. . 281 Rejected. 15 1845 „ 1846 . 254 17 1846 55 1847 . 267 16 1847 „ 1848 . 261 20 1848 „ 1849 . 254 12 Thomas Luby, St Return of the Number of Students who have obtained Divinity Certificates for the last Five For the year ending 8th July, J) 55 55 9 > 99 99 September 17, 1849. Years. Number. 1849 . 93 1848 . 96 1847 . . 116 1846 . 128 1845 . . 124 C. R. Elrington, Reg. Prof, of Divinity, Trin. College, Dublin. EVIDENCE ALPHABETICAL INDEX. Page A. Acland, H. W,, Esq. . 235, 282 B. Bishop, Sir H. . 264 Browne, the Rev. R. W. . 4, 341 C. Cardwell, the Rev. Dr. 264, 382 Chase, the Rev. D. P. 379 Clough, A. JL, Esq. . 211 CoLLis, THE Rev. J. D. Congreve, the Rev. R. 23 151, 370 CoNiNGTON, J., Esq. 115 CoNVBEARE, THE ReV. C. R. . 339 CONYBEARE, THE VeRY ReV. W. D 221 Cotton, the Rev. Dr. . 378 Cox, THE Rev. W. H. . 92 D. Daubeny, C. Esq. 14, 267 Denison, S. C., Esq. 197 Deteissier, the Rev. 0. F. 336 Donkin, W. F., Esq. 106, 260 Duncan, P. B., Esq. 9 E. Eaton, the Rev. J. R. T. 204, 319 Evans, the Rev. E. 373 F. Foulkes, the Rev. E. S. 222, 358 Fox, the Rev. Dr. 323 Freeman, E. A., Esq. . 134 Page M. Macbride, j. D., Esq. 219, 280, 379 M ANSEL, THE ReV. H. L. . 19, 357 Marsham, R. B., Esq. 31S Maskely'ne, N. S., Esq. 185, 286 Melville, the Rev. D. 50 Merivale, H., Esq. 200 Metcalfe, the Rev. F. 325 Morgan, G. 0., Esq. . 196 N. Neate, C., Esq. . 239 Norris, the Rev. Dr. • • 335 0. Ogle, J. A., Esq. • 40, 278 P. Pattison, the Rev. M. 41 Phillimore, j.. Esq. . 232, 254 Plumptre, the Rev. Dr. 305 Powell, the Rev. B. . 257 Price, the Rev. Bartholomew . 59, 373 Price, Bonamy, Esq. . * 181 Pritchard, the Rev. H. • 336 R. Rawlinson, the Rev. G. . 216 Reade, C., Esq. . 334 Rew, W. a.. Esq. 352 Richards, the Rev. J. L. 322 Rigaud, the Rev. S. J. 322 Routh, the Rev. Dr. . . 334 G. Greenhill, W. a., Esq. 227 Griffiths, the Rev. J. 202, 368 Grove, W. R., Esq. • 27 H. Harington, the Rev. Dr. 335 Hawkins, the Rev. Dr. 323 Head, Sir E. 157 Henney, the Rev. T. F. 206, 372, 373 Hessey, the Rev. Dr. . 346 Hext, the Rev. G. 336 Hill, the Rev. J. • 383 J. Jacobson, the Rev. Dr. 253 Jelf, the Rev. W. E. . 179 Jenkyns, the Very Rev. Dr. 313 Jeune, the Rev. Dr. . 372 .JOWETT, THE ReV. B. . • . 30, 314 K. Kidd, J ., Esq. • 255 L. Lake, the Rev. W . C. . 165, 313 Litton, the Rev. E. A. 174 Longley, the Right Rev. C. T. . 210 Low'is, R., Esq. . * , 12 Lyed ., Sir C. * * 119 S. Scott, the Rev. R. 110 Senior, N. W., Esq. . 17, 280 Short, the Right Rev. T. V. 164 Sneyd, the Rev. L. 327 Stanley, the Rev. A. P. Stoddart, the Rev. W. W. 305 229, 355 Strickland, H. E., E.sq. . 99, 285 Symons, the Rev. Dr. 368 T. Temple, the Rev. F. , 123 Thompson, the Rev. Dr. Twiss, T., Esq. . • 383 • 154, 293 V. Vaughan, H. H., Esq. . • . 82, 268 W. Walker, the Rev. R. 21, 284, 291 Wellesley, the Rev. Dr. . Wall, the Rev. H. 381 143, 287, 314 Whately, the Most Rev. R. 24 Wilkinson, the Rev. J. . 67, 245 Williams, the Rev. Dr. 324 Wilson, H. H., Esq. Wilson, the Rev. J. M. . 10, 281 262, 295, 336 Wilson, the Rev. Dr. 340 Wynter, the Rev. Dr. 340 3 A [ ii ] TABLE OF CONTENTS. [Note. — T he figures denote the paging of the Evidence.] PAKT I. The Rev. R. W. Browne, M.A., Prebendary of St. Paul’s, Professor of Classical Literature in King s College, London, Chaplain to the Forces, and late Fellow and Tutor of St. .John’s College, Oxford : — Expenses — -Bible clerk at St. John’s. Checks to necessary expenses; college regulations; weekly bills ; dinners; rooms, 4. Other expenses — checks: parents; regulations on recovery of debts ; tutorial intercourse; new Examination Statute. University Extension — affiliated halls — independent halls, 5. Members of the university living at home — attend- ance of strangers on professorial lectures: Exami- nation at Matricul.ytion ; duration of residence ; the higher degrees; Professional study — Pro- fessorial SYSTEM — appointment of Professors — Convocation the worst mode, 6. Restrictions on Fellowships — connexion of St. John’s and Mer- chant Tailors’ School — alteration of wills — Magda- len College — limitation of tenure of Fellowships— limitation of marriage. Distinctions of wealth AND RANK — Grand Compounders, 7. Noblemen and gentlemen commoners — matriculation fees. The means of qualifying students for holy orders in Oxford. Inadequacy of the present means, of in- struction. Libraries, 8. Oaths — Subscription at matriculation, 9. P. B. Duncan, Esq., M.A., Keeper of the Ashmolean Museum, late Fellow of New College: — Expenses — University Extension — Examination at Matriculation, 9. Professional studies— English composition and elocution — ^Restrictions on Fellow- ships— Gentleman-commoners — Private Tuition, 10. H. H. Wilson, Esq., M.A , Roden Professor of San- scrit : — Expenses— discipline —private lodgings — Profes- sorial system, 10. Restrictions on Fellowships — Private Tuition — Bodley’s library— university ac- counts — Sanscrit Professorship and Scholarships, 11, 12. Robert Lowe, Esq., M.A., Barrister at-law, late Fel- low of Magdalen College : — CollbgeTuition — Priv.ate Tuition, 12. Pro- fessorial System — Professorships the natural re- wards of Tutors. Independent Halls — study of Sanscrit and of physical sciences, 13. Charles Daubeny, Esq., M.D., Professor of Che- mistry and of Botany, and Fellow of Magdalen College : — Expenses — enforcement of study — law of reco- very of debt — Discipline — appointment of the Vice-chancellor and Proctors— powers of the Proc- tors too ample — -veto of the Proctors — University Extension, 14. New halls in connexion with col- leges. Matriculation Examinatio.n — Profes- sional Studies — the higher degrees — Profes- sorial System — pre'^ent defects — restrictions on Professorships, 15. Professor.s of Physical Science — appointment of the Keeper of the Ashmolean Museum — suggestions for the removal of restric- tions — Gentleman-commoners, 15. Adequacy of the present means of instruction— Bodley’s library, 16. Reading-room, 17. Nassau W. Senior, E>^q.. M.A., Professor of Political Economy, and late Fellow of Magdalen College :— Rest rictions on Fellow'ships, 1 7. Appointment of Rector of Colleges— state of Magdalen College- evils of Clerical Restriction, 18. The Rev. H L. Mansel, M.A., Fellow, Tutor, and Dean of Aits of St. John’s College:— Expenses — parents — legislation — University Extension, 18. The University a training school for the clergy — poor scholars, 19; their after fate — marked difference between English and German universities — Professorial System — Mr. Price’s pamphlet, 20. Private Tuition — its advantages — its expense, 21. The Rev. R. Walker, M.A., Reader in Experimental Philosophy : — Expenses. 21. Legislative interference. Convo- cation — Hebdomadal Board — Proctors — University extension — Examination at Matriculation — Profes- sional studies — Professorial system — Mr. Litton’s pamphlet — poverty of Professors — retiring pensions — distinctions of rank and wealth, 22. Present means of instruction — Private Tuition — Bodley’s library — University Accounts, 23. The Rev. J D. Collis, M.A., Head Master of King Edward’s School, Bromsgrove, and late Fellow of Worcester College : — Expenses at Oxford and at Durham, 23. Richard Whately, D.D., Lord Archbishop of Dub- lin, late Fellow of Oriel College, and formerly Princii al of St. Alban’s Hall, and Professor of Political Economy : — Examin.ation at Matriculation — its advan- tages — evils of its absence— effect on schools — no distinctions at this examination — printing the names of all candidates for a degree — its effect on univer- sity extension, 24. On the Professorial system — on private tuition — the higher degrees — failure of attempts to revive the exercises necessary for them — proposed limitation of Ihe higher degrees in number — alphabetical arrangement in the classes, 25. University Extension— lodging in private houses — Independent Halls — Halls connected with colleges — distinctions of rank and wealth — Gentleman-commoners^ — reasons for allowing them — restrictions on fellowships, 26. Limitation on tenuie of Fellowships injurious — evil of separate foundations in the same College, 27. W. R. Grove, Esq., M.A., F.R.S., of Brasenose Col- lege, Barrister-at-ldw : — Expenses, 27. Legislative interfeience — college interference — discipline — University Extension — halls— private houses — students not attached to colleges or halls — attendance of strangers on pro- fessorial lectures — matriculation examination — Professorial System — P hysical Sc.ences and Mo- dern History — restrictions on fellowships, 28. Marriage of fellows — proposed course of Univer- sity studies — the value of physical sciences — mo- dern languages — French, 29. Distinctions of RANK AND wealth — PRIVATE TUITION, 30 The Rev. B. Jowett, M.A., Fellow and Tutor, and late Bursar of Balliol College, and Public Examiner. The CONSTITUTION — Hebdomadal board — Con- vocation, 29. A proposed scheme of a revived con- gregation, 30. Objections to it — scheme slightly different— objections to scheme proposed — evils of elections — Proposal of uniting the Board of Heads and Professors, 31. Proctors — Expenses — col- lege expenses — modes of reducing other expenses — money lending — college authorities in some degree responsible for extravagances — minimum expense under actual system — university extension — persons now excluded — poor students of the lower classes, 32. Sons of the clergy— dissenters— be- nefits of University Extension — private lodgings — attendance of strangers on professorial lee’ures — real benefits of university education to the lower classes, 33. Halls in connexion with colleges — Fellowships appropriated for the use of halls, — cal- culated expense in such halls — scholarsh ps and exhibitions — answer to objections — sinecur ; fellow- CONTENTS TO EVIDENCE. hi ships no longer possible — objections to the scheme of independent halls— dissenters— restrictions on FELi.owsHiPS — number of fellowships — open fellow- siiips — number — local restrictions, 34. Founders’ wills virtually set aside— restrictions of fellowships to places— to' founder’s kin— Craven scholarships — New College— All Souls— restrictions of fellowships to schools— New College and Winchester, 35. Mer- chant Tailors’ Sehool—Weslminslei— clerical re- strictions — property restrictions — ^elections from favour the peculiar disgrace of Oxford — want of scholarships, 36. Visitation — professoria.l sys- tem — use of Professors — defects of Tutorial System — means of combining the two systems — tests for new professors inexpedient, 37. Professorships wanted — whence are the funds to come — college revenues — proper position of professors — mode of appointment — best and worst mode of appointment — payment — deputies — residence — remedies for inefficiency — Professorial fund, 38. Libraries — MATRICULATION EXAMINATION — duration of resi- dence. Distinctions of rank — study of theo- logy. 39. Want of learning not the common defi- ciency. Private tuition, 40. J. A. Ogle, Esq., M.D., Aldrichian and Clinical Pro- fessor of Medicine in the University of Oxford : — University Extension — Expenses — Distinctions of Rank — -Independent Halls — lodging in the houses of parents, 40. Professorial and Tutorial sys- tems — Constitution — Hebdomadal Board confined to collegiate interests — Medical Faculty neglected — appointment of Professors — Matriculation Exami- nation, 41. The Rev. Mark Pattison, M.A., Sub- Rector and Tutor of Lincoln College : University extension — lodging out of college the most desirable plan, 41. Insufficiency of in- creased accommodation in Colleges, or of new Halls — residence within College not essential to collegiate discipline — origin of Colleges, 42. Original idea of a College life does not exist any longer — Tutorial influence alone useful now — chief temptations of young men, scarcely diminished by living within walls — obsoleteness of the domestic system — the time now come for experiment, 43, to be made upon a large scale — great importance of extending the University — Police Act of 1829 — new class of students — objections to the admission of students unconnected with college or hall, 44. Profes- sorial SYSTEM, compared with catechetical or Tutorial instruction, 45. The real objects of Pro- fessorial teaching are the diffusion of popular know- ledge, and (in the University) the advancement of Science, not the instruction of students — Changes of education at Oxford and Cambridge — substitution of classical taste for logic — and of philosophy for classical taste, 46 ; the bad tenden- cies of this change encouraged by the Professo- rial system, 47. The Professor a less useful in- strument of education than a book, a private tutor, and especially a College Tutor — defects of the present system of College Tuition, 48. Idea of the College system in its best state — summary of proposed reforms: (1) permission to lodge in pri- vate houses in connexion with colleges and halls; (2) removal of restrictions on Fellowships ; (3) im- provement of the Tutorial system, by which a suc- cession of able tutors will be secured, 49. The Rev. David Melville, M. A., Principal of Bishop Hatfield’s Hall, and Tutor in the University of Durham : — University Extension — Affiliated Halls — ob- jections, 50. Private lodging-houses — objections — Independent Halls — advantage of these — -expenses recognised and unrecognised — Tutorial fees, 51. Causes of extravagance — unrecognised expenses should be forbidden — idleness discouraged, 52. Expenses in a hall — difficulties arising from the various classes of students — some of whom avow- edly do not come to Oxford to study — the system designed for the mass, by which the best suffer — the minimum of admission is too low, but is de- termined by the extent of the examinations, 53. These then require to be raised — Matricula- tion Examination — separation of the two classes of passmen and candidates for honours — to be examined again at the end of the first, second, and third year — advantages of this system — its con- nexion with making the higher Degrees tests of merit — study of a specific subject during the fourth year in preparation for the Degree of M.A., 54. Specific training in Theolovy — needful in Oxford — practicable there— students unconnected with Col- leges or Halls. Distinctions of rank, 55. Scale of fees — graduation after three years — private tuition — causes of its growth, 56. Remedies — true em- ployment of Private Tutors — Profe-sonal system — ■ constitution. Defects of government by the Hebdo- madal Board, 57 ; dangers of inaction at this mo- ment — necessity of altering the Hebdomadal Board — expenses of building and keeping up an independent hall— expenses to each member 60/. a-year, 58. Surplus income to pay for capital ex- pended — great want in Oxford — use of Halls, 59. The Rev. Bartholomew Price, M.A., Fellow, Tutor, and Mathematical Lecturerof Pembroke College : — Constitution — Hebdomadal Board, 59. New House of Congregation — new Hebdomadal Board — advantages of the new Constitution — Collegiate foundations — evils of close Fellowships, 60, Re- strictions ON Fellowships — -scholarships not to lead to Fellowships — abolition of limitations — Fel- lowships, terminable generally — ecclesiastical pa- tronage — limitation of Fellowships in value, 61. Application of surplus revenues — Visitors of Col- leges — Tutorial system — private tuition, 62. Professorial system — indisjiensable under the new system — number of professors needed, 63. Public Lectiirers — their duties and salaries — ^experi- mental philosophy — pure mathematics, 64. Mixed mathematics— to he apportioned between the Sa- vilian Professor of Geometry and the Sedleian Reader of Natural Philosophy — matriculation e.x- AMiNATioN — UNIVERSITY EXTENSION, 65; need of it at this day — expense the great obstacle to it — Affiliated Halls fiartly supported by the Colleges — Independent Halls, 66. Lodging in private houses — Distinction of Rank, 67. The Rev. ,)ohn Wilkinson, M. A., of Merton College, and Rector of Broughton Gifford, Wilts : — Expenses; (1) University expenses, 67; (2) College expenses, 68. Extravagance within the walls of colleges — without the walls — hunting — remedies for extravagance, 69. Constitution — the Laudiun code unalterable — Sub'^cription to Ar- ticles, 70. Initiative power of the Hebdomadal Board — dispensations forbidden, yet in use — Dele- gates — use of Latin — statutable limitation of the power of dispensation, 71. Appointment of the Vice- Chancellor and of the Proctors — Hebdomadal Board — delegates once appointed by Convocation — changes in the mode of appointing Proctors, 72. Its evils — proposed Board of Heads an 1 Professors — Need of the interl'erence oflhe Crown — Univer- sity extension — new Halls, 73. Lodving in private houses — students unconnected with College or Hall — statutable system of Tuition — Cardinal Wolsey's Lecturers — Lecturers at Corpus Christi College, 74. College tuition — proposed staff of University in- structors, 75. Advantages to pupils and instructors — objections to students lodging in private houses answered — attendance of strangers on professorial lectures — little encouragement to ability in Oxford, 76. Great need of advance in Oxford — matricu- lation EXAMINATIONS HIGHER DEGREES Special studies, 77. Professorial system, 78. Income of professorial endowments — from college property — pensions to literary men — university oaths — college oaths, 79. Visitors’ power inadequate — Corpus Christi College, 80. Appointment of pro- fessors, 81. Postscript on the visitatorial power of the Crown, 245. H. H. Vaughan, Esq., M.A., late Fellow of Oriel Col- lege, and Regius Professor of Modern History ; — Constitution of the University — Hebdomadal Board — present position of the Professors — pro- posed Board, 82. University Extension — lodging of students in private houses unconnected with colleges — advantage of such a scheme, 83. New halls — lodging of collegians in private houses — attendance on Professorial lectures of persons unincorporated in the University — Matriculation Examination— its advantages, 84. The Higher Degrees — -examinations for them impracticable — Professorial Studies, 85. Defects ol' the new Statute — preponderance of the theological element — Tutorial system — Professorial Sy.stem — need 3 A 2 IV CONTENTS TO EVIDENCE. need of it — obstacles to it, 86. Combination of the two systems — Examination by Piol'essors — idea of a good Examination — new Professorships — Menial Philosophy — aesthetics — history of philo- sophy, 87. Professors of English history and other European history — endowment of Professor- ships — their value to exceed that of Tutorships — sourci sof their endowment — C dlege revenues — reasons for such appropriation of them, 88. Superannuation — appointment of Professors- — -the Crown — the Faculties — limitations on Professor- ships. Restrictions on Fellowships — reasons for removing them, 89. The vital importance of this — Fellowships should be open to various merit, and to laymen — cause of the decline of mathematical studies — Fellowships must he open to those who obtain distinction in the new studies — in each col- lege a certain number to certain branches of know- ledge, 90. Appeal in case of elections by favour — principle on which Fell'wships were founded — inadequacy of the present Tutorial instruction — Private Tuition — proposed mode of reorganisation — salaries of College Tutors — office of Tutor in the modified system, 91. The Rev. W. Hayward Cox, B.D., late Fellow of Queen’s College, and formerly Vice-Principal of St. Mary’s Hall : — Expenses — Constitution — the Laudian code — opinion of Lord Campbell and others, 92. Heb- domadal Board — appointment of Vice-Chancellor and Proctors — proposed Board of Heads and Pro- fessors — elections by Convocation, 93. University Extension — new Halls mischievous — lodging in private houses as now permitted mischievous — but under due superintendence advisable, 94. Admis- sion of strangers to Professorial lectures advisable — Matriculation Examin.vtion — diminution of time required for the first degree — Higher Degrees — arts — medicine — law — theoloiry. 95. Professo- rial System combined with Tutorial system — en- dowments of professors — mode of appointment, 96. Restrictions on Fellowships — local — clerical — celibacy — terminable fellowships — Distinctions of rank — study of Theology in Oxford — Inadequacy of the present means of instruction — College Tuition, 97. Aularian tuition — evils inherent in both — Private tuiiion — remedy for evils mentioned — Bodley’s library — University accounts, 98. H. E. Strickland, Esq., M.A., Deputy Reader in Geology : — University expenses — University leirislation — Statutes in English — oaihs in English — University Extension — diminution of vacations, 99; admis- sion of strangers to professorial lectures — arrange- ment of hours for professorial lectures — Examina- tion in modern language.s — Prolessorship of zoology wanted — Distinct! ms of rank — B odleian Library, 100. Books should not be lent out — the library should be open longer — underirraduates should be admitted — Radcliffe Library — could it not be united to the Bodleian? — Other Libraries in Oxford, 101. Deficiencies of the Bodleian— literature of Oxford — intention of the Copyright Act not fully carried out as to the provinces, the Colonies, and the United States — Scientific ‘Trans- actions ' — book of De.siderata, 102. Radcliffe Library — R adcliffe’s intentions — Address to the Radcliffe Trustees for an increase of the Library funds, 103. Deticiency of the Radcliffe and Bod- leian in physical science — proposed circulation of books from the Radcliffe librarv — publication of University accounts — ^office of Deputy Reader in Geology, 105. Office of Reader in Geology: (1) the study, 106. W. F. Donkin. Esq., M.A., Savilian Professor of As- tronomy, Mathematical Lecturer, and late Fellow of University College : — Expenses — D iscipline, 107. University Ex- tension — new halls — lodving-houses — admission of strangers to lectures — Matriculation Examina- tion — Higher Degrees — suggestions as to Degrees in Music — professorial system, 107. Numher of professors — endowments — appointment of pro- fessors — Piivate Tuition — Bodley’s library: (I) reading-room; (2) bo dws — Distinctions of Rank — Grand Compounders — Gentleman-commoners — noblemen — study of theology at Oxford — scientific study of theology, 113. Oxford not a place for parochial training — rather the cathedral towns — PRIVATE tuition — -evil of private tutors in public examinalion.s — Bodley’s Library, 114. John Conington, Esq., M.A., Fellow of University College : — Restrictions on Fellowships — local restric- tions — Individual nominations — clerical restric- tions, 115. Celibacy — married heads of houses — great evils which result from celibacy of fel- lows — private tuition, 116. Want of some pro- vision for those who wish to live for study, 117. Extension of the professoriate — whence the funds might come from, 118. Sir Charles Lyell, M.A., F.R.S., President of the Geological Society of London : — Expenses — causes of extravagant expenditure, 119. Studies of the place — influence of the Col- leges in contracting the sphere of study — Tutorial system inadequate at the present day, 120. An organic change wanted in the system — Gieek and Latin forced on the unwilling — aristocratic notions — remedies — extension of subject studied — Matri- culation Examination, 121. Excellent effect of this on schools — the minimum not to be high — present neglect of natural science — Restrictions ON Fellowships — orders and celibacy — mode of appointing professors, 122. Lodging in private houses — Subscription at Matriculation, 123. The Rev. Frederick Temple, M.A., Principal of Kneller Hall, late Fellow and Tutor of Balliol College : — Expenses — instance of a Balliol undergraduate, 123. Annual expenses at a good College — Uni- versity Extension — attendai.cc at professorial lectures without connection with College — lodging in private houses — the evils of it — graduation after two years — Halls — proliable cost of a Hall, 126. Might be built by the richer Colleges — Discipline deficient in amount — Distinctions of Hank — . Studies, 127. Extension of studies — only effec- tual mode of this — special teaching unsuitable to a University — Matriculation Examination — Higher Degrees — rewards and emoluments — Professors needed — -mode of paying them, 128. Collegereve- nues — best mode of appointment — retiring pensions — tests to be abolished — Restrictions on Fel- lowships — great reform needed — of 542 Fellow- ships, only 22 are open, 129. Evils of close fellowships— restrictionsofbirthplHce and founder’s kin — Jesus College a possible exception — New College — Christ Church and St. John’s — Pem- broke — poverty— orders, 130. Celibacy— elections by favour— scholar'hips — attach-d to halls — inter- ference with founders’ wills justified — colleges not private trusts — present system as different from the system proposed by the founders as can be conceived, 131. Colleges now constitute the Uni- versity, and must be dealt with accordinglv — sum- mary of reasuns for interference — this reform the primary one — Constitution, 132. Convocation — Hebdomadal Board — proposed Hebdomadal Board — Future Working — visitation of colleges — proposed Board of Visitor.s— fund for miscellaneous purposes, 133. Libraries — Procuratorial Cycle, 134. Edward Augustus Freeman, Esq., M.A., late Fellow and Rhetorical l.ecturer of Trinity College: — Legislative powers of the University — its inde- pendence as a corporation — its actual constitution — Convocation, 134. Hebdomadal Board — wants new elements in it — power of amendment in Con- vocation, 135. The Vice-Chancellor — the Proctors V CONTENTS TO EVIDENCE. ' — Procuratorial Cycle — Matriculation Examina- tion, 136. Higher Degrees — Divinity — Civil Law— Medicine— Arts. 137. Diminished length of residence — new Examination Statute — olijections to it — school of Modern Hist wy, 138. Pro- FESSORiAi. System — different kinds of Professors, 139. Additional Professors— appointment of Pro- fessois — restrictions on Professors, 140. Restric- tions on Fellowships — changes, how far required — demies of Magdalen — Fellowships for a limited number of years — Distinctions of Rank — Grand Compounders — Gentleman-commoners, 141. In- adequacy ot present means of instruction — Bodley’s Library — -books to be taken out — Reasons lor answering the questions of Her Majesty’s Com- missioners, 142. The Rev. Henry Wall, M.A., Fellow and Bursar of Balliol, Vice-Principal of St. Alban’s Hall, and Praelector of Logic : — Expenses, 143. Parents — diminution of college expenses, 144. Abolition of profits to servants, 145. Extravagance out of co'lege — modes of re- pressing it — by opening the University to other classes — University Extension — new halls — ob- jections, 146. Lodging in houses without con- nexion with college or hall — advantages of it — pro- fessotial lectures — probable admission ol Dissenters — accession of strength to the Universitv, 147. Inadequacy of the present discipline — attendance of strangers on professorial lectures — Matricu- lation Examination — its prot'ahle evils — Higher Degrees, 148. Special studies — proposed re- ariangi ment of the examinations, 149. Pro- fessorial System — Fees — Kestrirtions on Fellow- ships — Distinctions of Rank — Bodleian I.ibrary — books to be taken out, 150. Hebdomadal Board, 151. The Rev. Richard Congreve, M.A., Fellow and Tutor of Wadhimi College : — Expenses — publicity of college expenses, 151. vigilance of parents needed — C onstitution — evils of present legislation — evils of appointment of proctors — University Extension, 152. Matri- culation Examination — Higher Degrees — Pro- fessorial System — appointment of professors by Convocation the worst mode — R estrictions on Fellowships — local restrictions an evil — con- nexion with scholarsliips good — clerical and celi- bate restrictions an evil — Distinctions of Rank, 153. Inadequacy of collegiate instruction — Pri- vate Tuition— Bodley’s library — suggestions as to Vacations, 1 54. Dr. Twiss, late Tutor and Dean of University College, Professor of Political Econnmy, and Public Ex- aminer in Classics and in Mathematics ; — Expenses, 154. Discipline — Constitution — Caro- line Statutes — Vice-Chancellor — Proctors — Chan- cellor — connexion of the Colleges and the Uni- versity- — Hebdomadal Board, 155. University extension —olijections to Halls — advantages of per- mission to reside in lodgings — Matriculation exa- minalion — Higher Degrees — Professorial System — Convocation, bad sources of patronsge — Restric- tions on Fellowships, 156. Distinctions of Rank — study of theology — Inadequacy of present means of instruction — Private Tuition — Bodley’s Li- brary — University accounts, 157. Sir Edmund Head, K.C.B., Governor of New Bruns- wick, and la'e Fellow and Tutor of Merton Col- lege Olijects of the Commission • — • mode of interfe- rence with the University — mode of interference ■with the colleges, I58. Expenses — discipline, 159. University sta'utes — appointment of the Vice- Chancellor and Proctors— Cons 1 itution — proposal of new Hebdomadal Board — University Extension — Matriculation examination — Professorial System, 160. Combination with tutorial system — Latin pro- fessorship — Ph\ sical Sciences — endowments — ap- poiniment of professors — Best rictions on Fellow- ships — Distinctions of Rank — servitor-hips, &c., good — Private Tuition — University accounts — Bodleian Library, 161. The Right Rev. ’’ homas Vowler Short, D.D., Lord Bishop ot St. Asaph ; — Pr- bable results of the Commission — University Extension — Matriculation examination — Profes- sorial and tutorial systems — Resiiictions on Fel- lowsliips — the colonies — Distinctions of Rank — theological study, 164. The Rev. W. C. Lake, M.A., Fellow, Tutor, and Senior Dean of Balliol College: — Inadequacy of ccdleges and halls, as at present constituted, to furnish instruction in the subjects now studied — and in the studies introduced by the recent Examination Statute, 166. Professorial System — combined with Tutorial — objections an- swtred: (l) objection of danger to the tutorial sys- tem ; (2) objection of uselessness, 1 66. (3) Difficulty of finding endowments — these may be supplied from certain colleges, 167. Private Tutors, 1 68. Theo- logical instruction — theological lectures to be open to undmgraduales — University Extension — Affiliated Hails the best plan, 169. Independent halls— Lodging out of college— lo 'ging in private houses without connexion with colleges, under due snperintendtnce — olqections to this plan, 170. Not applicable to older men — Restrictions on fel- lowships — evilsofsuch restrictions, 171. Meansof removing them — visitation — partial removal of re- strictions — complele removal with a cateris paribus preference— scholarsliips — exceptions, 172. Re- striction of celibacy — restriction of Holy Orders — DISCIPLINE — evils of the present system of proc- tors — evils of ihe lax discipline in Halls, 173. The Rev. Edward Arthur Litton, M.A., late Fel- low of Oriel College, Vice-President of St. Edmund Hall :— Expenses — to be restrained by indirect means, 174. Discipline — constitution — evils of Hebdo- madal Board — proposed admission of Professors, 175. University extension— lodging-houses — objections — -attendance of strangers on professorial leciures, 176. Matriculation examination — theo- logical insiruction — appointment of Professors, 177. Appointment by the University the worst — ap- pointment by the Crown the best — restrictions on fellowships — distinctions of rank — theological study — inadequacy of present means of instruction — private tuition, 178. Objects of the Commission, 179. The Rev. W. E. Jelf, B.D., late Student and Censor of Chris' Church : — Expenses — college expenses — social expenses, 1 79. Extravagance — restrained by University and college discipline, 180. Dining clubs — debt, 181. Discipline — houses of ill-fame — intoxication, 182. Tandem-driving — hunting — steeple-chases and horse-racing, 183. Evils of the present mode of appointing Proctors — lodging houses — lax disci- pline of Halls, 184. Government exammatious — new Halls— matriculation examination — theologi- cal study, 185. N. S. Maskelyne, Esq., M.A., Deputy Reader in Mineralogy to the University: — Expenses, 185 — University Extension — at- tendance of strangers — professorial lectures — Ma- triculation Examination, 186. Higher degrees — professorial system — combination with tutorial, 1 87. Endowment or application of fellowships and scho- larships — Professors of the Physical Sciences, 188. Retiring pensions to Professors — appointment of Professors — inadequacy of the present means of instruction — the Libraries— Ashmolean Museum — minera^ogical collection, 189 — Residence of the Keeper of the Ashmolean Museum— study of phy- sical science in Oxford in the seventeenth century, 190 — Services of the present Keeper — Ashmolean Society, 191. B. Price, Esq., M.A., late Fellow of Worcester Col- lege, and formerly ^ Assistant Master in Rugby School :— Expenses, 191. Discipline — constitution — new Hebdomadal Board — Proctors — University Exten- sion — 1 cen-ing of independent halls — Matriculation examination, 192. Professional studies — Profes- sorial System — Suggestion of Sir William Hamil- ton on the appointment of Professors — Restrictions on fellowships, 193. Local and clerical restrictions, 194. Distinctions of rank — theological study — private tuition, 195. G. O. Morgan, Esq., M.A., Stowell Fellow of Uni- versity College : — Private Tuition— Restrictions on Fellowships, 196. Stephen Charles Denison, Esq., M.A.. late Stowell Fellow of University College, Deputy Judge Advo- cate General. Legal education — evils of the present state of legal education, 197. The remedy, 198, 199. VI CONTENTS TO EVIDENCE. Herman Merivale, Esrj., late Fellow of Balliol Col- lege, and Prolessor of Political Economy : — Restriciions on Fellowships — advantage of close Fellowships, 200. Extension of university studies, 201. The Rev. John Griffiths, M.A., Fellow and Senior Tu*or of Wadham College : — Expenses — discipline — constitution — Vice Chan- celloi — Proctors — University Extension — Halls — lodgings in connexion with colleges, 202. Lodgings without connexion with colleges under due super- intendence — attendance of strangers on professorial lectures — Matriculation Examination — grace terms — higher degrees — Professors — appointment of Pro- fessors — Distinct ions of Rank — Gentleman-common- ers to be retained — Theological study — Inadequacy of present means of instruction — Private Tuition — Bodley’s library — University accounts, 203. The Rev. J. R. T. Eaton, M A., Fellow and Tutor of Merton College: — Expenses and idleness — University restraints — college restraints, 204. University extension — Affi- liated Halls, 2U5. The Rev. T. F. Henney, M.A., Fellow and Tutor of Pembroke Cnllege : — Expenses — Vice Chancellor’s court — University statutes — appointment of Proctors — Constitution — new Hebdomadal Board, 2o6. U niversity extension — affiliated Halls — foundation of a new college for poorer students, 217. Matriculation Examination — its advantages — Professorial System, 208. Ap- pointment of Professors' — Restrictions on Fellow- ships — present violation of statutes by non-residence — fellowships to be rendered terminable, 209. Dis- tinctions of Rank — Theological instruction — ade- quacy of the present means of instruction — Private Tuition, 210. The Right Rev. Charles Thomas Lokgley, D.D., Lord Bishop of Ripon Expeii'^es, 210. University extension — Matricu- lation Examination — Professorial System — Private Tuition, 211. A. II. Clough, Esq., M A., late Fellow and Tutor of Oriel College, and Principal of University Hall, Gordon-square, London, and Prol'essor of the English Language and Literature at University Col'ege, London : — University extension, 211. Arguments against it - arguments in favour of it, 212. Religious tests — halls — Matriculation Examination — Professorial system, 213. Tutorial system — R estrictions on Fellowships — restrictions to localities and schools, 214. Restrictions of scholars to poverty and to the clerical profession — annexation of fellowships to professorships — Private Tuition, 215. The Rev. George Rawlinson, M.A., late Fellow and Tutor of Exeter College : — Private tuition, 216. Remedies — suggestions, 2l9. John David Macbeide, D.C.L., Principal of Magda- lene Hall : — Expenses — discipline — University statutes — Vice-Chancellor — Proctors, 219. University exten- sion — one independent hall — Matriculation Exami- nation — -higher degrees — professors — retiring pen- sions — Distinctions of Rank — fees — ^ Theological study, 220. Adequacy of present means of instruc- tion — private tuition — Bodley’s library — Univer- sity accounts, 22 1. Professorships : — Evidence of : — The Rev. William Jacobson, D.D., Regius Professor of Divinity, 253. J. Phillimore, Esq., D.C.L., Regius Professor of Civil Law, 254. J. Kidd, Esq., M.D., late Regius Professor of Medicine, 255. The Rev. Baden Powell, M.A., F.R.S., Savilian Professor of Geometry, 257. W. E". Donkin, Esq., M.A., Savilian Professor of Astronomy, 260. The Rev. J. M. Wilson, M. A., Professor of Moral Philosophy, 262. The Rev. E. Cardwell, D.D., Camden Professor of Ancient History, 26 4. Sir Henry R. Bishop, Professor of Music, 264. C. Daubeny, Esq., D.C.L., Professor of Che- mistry and of Botany, 267. The Very Rev. W. D. Conybeare, M.A., of Christ Church, f'.R.S. and Dean of Llandaft : — • Approval of the Commission — improvements in the system of Examinations, 221. The Rev. E. S. Foulkes, M...\., Fellow and Tutor of Je.-ius College: — Expenses, 222. Discipline — Constitution — Vice- Chancellor and Proctors — hebdomadal board — TJni- versity extension — Atfiliated halls, 22-3. Matricu- lation Examination — higher Degrees — Professorial and tutorial systems, 224. College professorships — suggestions for the appointment of professors — Restrictions on EVllow'ships, 225. Distinctions of rank — theological study — inadequacy of present means of instruction — private Tuition, 22G. Bod- ley's Library — University accounts, 227. W. A. Gkeenhill, Esq., M.D., of Trinity College, Oxford : — Proctors — Professors — retiring pensions — ap- pointment, 227. Theological study — use of medi- cal study for clergymen —Bodley’s Library — its wants: (1) more sub-librarians; (2) freer use of books (under due restriction) ; (3) longer time allowed for study — Its peculiar advantages, 228. Radcliffe library — University accounts —University Press, 229. The Rev. W. W. Stoddart, B.D., Fellow and Senior Tutor of St. John’s College, Oxford : — Expenses — disci jdine — Constitution — legislation — Proctors' cycle — University Extension — indepen- dent Hal's — ■ Matriculation Examination — profes- sional studies, 230. Professorial system — appoint- ment of professors — Restrictions on Fellowships — case of St. John’s College, 231. Distinctions of rank — Theological instruction — adequacy of pre- sent means of instruction— Private Tuition, 232. J. Phillimore, Esq., LL.D., Regius Professor of Civil Law : — Expenses — Discipline — Constitution — Laudian statutes — Vice-Chancellor — Proctors — veto of Proc- tors — University extension — halls — lodging-houses . — attendance ot strangers on professorial lectures — matriculation examination, 233. Professional studies — Professorial system — Restrictions on Fel- lowships — Distinctions of Rank — grand-compoun- ders — noblemen — fees — theological studies — ade- quacy of present means of instruction, 234. Private Tuition — Bodleian library — University accounts, 253. H. W. Acland, Esq., M.D., Lee's Reader in Anatomy: — What the University can and cannot do for me- dical study, 235. Natural Sciences to be taught at Oxford, 236. Changes requisite, 237. Charles Neate, Esq., M.A., Barrister at Law, Fellow of Oiiel College : — Restrictions on Fellowships. — R ight of Foun- ders' heirs extinct, 239. Precedents of the Refor- mation, 240. Recent precedents, 240, 241. Foun- ders’ kin, 242. Schools, 243. Management of College Property, 243-245. Postscript to the Evidence of the Rev. J. Wilkinson : — V isitation of the Crown, 245. The University not merely a civil corporation, 245. Cases of re- cognition of the Crown by the University, 247. Cases of Royal interference, 249. r II. H. H. Vaughan, Esq., M. A., Regius Professor of Modern History, 2b8. James Adey Ogle, Esq., M.D., Aldrichian and Clinical Professor of Medicine, 278. J. D. Mavbride, Esq., D.C.L., Lord Almoner’s Reader in Arabic, 280. N. W. Senior, Esq., M.A., Professor of Political Economy, 280. H. H. Wilson, Esq., M.A., Boden Professor of Sanscrit, 281. H. W. Acland, Esq., M.D., Lee’s Reader in Ana- tomy, 282. Postscript, 287. The Rev. R. Walker, M.A., Reader in Experi- mental Philosophy, 284. H. E. Strickland, Esq., M. A., Deputy Reader in Geology, 285. N. S. Maskelyne, Esq., Deputy Reader in Mi- neralogy, 286. The Rev. Henry Wall, M.A., Praelector of Logic, 287. CONTENTS TO EVIDENCE. Vll PAKT III. The Public Examinations ; — Evidence of — The Rev. R. Walker, M.A., Public Examiner in the Mathematical Schools, 291. Travers Twiss, Esq., D.C.L., F.R.S., Public Ex- aminer in the Classical and the Mathematical Schools, 293. The Rev. .1. M. Wilson, At. A., Public Examiner in the Classical Schools, 295. PART IV. Colleges and Halls : — University College., 305. Letters from the Master. 305. The Rev. A. P. Stanley, M.A., Fellow, Dean, and Senior Tutor : — Statutes— founder, 305. Alteration of statutes — non-observance of statutes — residence of Fellows — marriage of Master or Fellows — variety of foun- dations — bye-fellows — Restrictions on Fellowships, 306. Restrictions on Scholarships — open scholar- ships — exhibitions — mode of restriction, 307. Pre- ferences — examinations — connexion of Scholarship^ and Fellowships — Commoners — Property disquali- fication — Clerical restrictions, 308. Academical restrictions — exclusions — ecclesiastical preferments — election of Head — Benefices — Visitor — Exhibi- tions— BU>le clerk, 309. Tutors— Lecturers, 310. Professors’ lectures — Private Tutors — attendance at chapel — religious instruction — expenses, 311. Library —number, 312. Balliol College, 313. Letters from the Master, 313. The Rev. H. Wall and the Rev. B. Jowett, Fel- lows, Tutors, and Bursars of Balliol College Statement of the income of Balliol, and its appro- priation for the year 1850, 314. Statutes and founder — alteration — non-observance of statutes, 314. Residence of Fellows — marriage — variety of foundations — restrictions on fellowships — scholar- ships — exhibitions — opening of the fellowships and scholarships — preferences — restrictions, 315. Ex- aminations— hig'ner degrees — increase of fellow- ships — - Commonei s — Property disqualification — Clerical restrictions — Academical restrictions — ex- clusions — ecclesiastical preferments — election of head — advowsons — Prmlectorships — schools — visitor, 316. Gentleman-commoners — bible clerks — tutors — lectures — Professors’ lectures — Private Tutors — attendance at chapel — religious instruction — expenses — library — numbers, 317. Merton College, 318. The Warden and Fellows : — Documents — revenues, 318. Chaplains — post- masters — scholars-— bible clerks, 319. The Rev. J. R. T. Eaton, M.A., Fellow and Tutor of Merton College ; — - Gentleman-commoners — exhibitions — bible clerks — tutors, 319. Lectures — Professors’ lectures— pri- vate tutors — attendance at chapel — religious in- struction — expenses — library — members, 320. Weekly bills, 321. Exeter College, 322. Letters from the Rector. The Rev. S. J. Rigaud, M.A., late Fellow of Exeter College ; — The Petrean fellowships — the average annual value of a fellowship of Exeter College, 322. Oriel College, 323. Letters from the Provost. Queen’s College, 323. Letter from the Provost. New College, 324. Letters from the Warden. bitions— Statutes— Visitor’s decrees— Battels, 325. Summary of the total college expenses of various undergraduates in 1849, 326. All Souls College, 327. Letters from the Warden '• — Statutes— founder— alteration — non-observance ofstatutes, 327— residenceofW’ arden— Residence of fellows — marriage of Warden, Chaplains, and Fel- lows — Restrictions on Fellowships — qualification for Fellowships, 328. Founder’s kin — elections and examinations — higher degrees, 329. Commoners — property disqualification — clerical restrictions, 330. Ecclesiastical preferment — election of Head — benefices — Adv owsons fund — Schools visitor, 33 1 . Bible clerks— Tutors— Professors’ lectures— Private Tutors — attendance at chapel, 332. Li- brary members — Corporate Revenues— application of revenues, 333— value of Wardenship— value of Fellowships, 334. Magdalen College, 334. Letter from the President — Letter from the Vice-President and Fellows, 334. Brasenose College, 335. Letters from the President. Corpus Christ i College, 335. The Rev. James Norris, D.D., President : Corporate revenues, 335. Value of headship, fellowships, chaplainries, scholarships, and exhibi- tions — statutes, 336. The Rev. J. M. Wilson, the Rev. George Hext, the Rev. Henry Pritchard, the Rev. J. F. De Teissier, Fellows and Tutors of Corpus Christ! College ; — Statutes — alteration — non-observance of statutes — residence and marriage ofthe Head — the Fellows • — restrictions on Fellowships — elections and exami- nations, 336. Higher degrees — decrease of fellow- ships — Commoners — property disqualification clerical restrictions — ecclesiastical preferments — Prmlectorships — schools — visitor — gentleman -com- moners — exhibitions, 33 7. Tutors ^ lectures private tutors — attendance at chapel — religious instruction — expenses — meml ers, 338. Christ Church, 339. The Rev. C. R. Conybea’e. Expenses, 339. Trinity College, 340. Leiter from the President. St. John's College, 340. Le.tters from the President. The Rev. R. W. Browne, M.A., Professor of Classical Literature in King's College, London, and late Fellow and Tutor of St. John’s College : — Statutes — founder — alteration of statutes — non- observance of statutes — Residence of Fellows — marriage ofthe Head and Fellows — Restrictions on Fellowships, 341. Connexion of Scholarships and Fellowships — hieher degrees — property disqualifi- cation — clerical restrictions — academical restric- tions, 342. Ecclesiastical preferment— election of the head — advowsons- — visitor — gentleman-com- moners — exhibitions^ — Bible clerks, 343. Tutors — lectures — Professors’ lectures — attendance at cha]iel — religious instruction — expenses, 344. Li- brary — numbers — battels, 345. The Rev. J. A. Hessey, D.C.L.,Head Master of Merchant Tailors’ School, formerly Fellow of St. John’s College : — Statutes — non-observance — power of alteration, 346. Visitor’s poweis — residence of the head — residence of the fellows — marriage ofthe Head and Fellows, 347. Restrictions on Fellowships — Lincoln College, 325. The Rev. F. Metcalfe, M.A., Fellow and Bursar of Lincoln College, on behalf of the Rector and Fellows : — Corporate revenues— endowments of Headships, fellowships, and scholarships — scholarships — exhi- CONTENTS TO EVIDENCE. viii Bristol, Coventry, Reading, and Tunbridge sehools Merchant Tailors’ school, 348. Success of Mer- chant Tailors’ school, 349. Higher degrees — clerical restrictions — evil of admission of iin lergraduates to fellowships — ecclesiastical preferment — election of the head — benefices — schools, 351. W. A. Rew, Esq., D.C.L., Fellow of St. John’s College : — Statutes — Residence of Fellows — Commoners, 352. Restrictions on Fellowshijis — to founder’s kin — to Merchant Tailors' setiool— to other schools — exhibitions — causes of restrictions — effects of restrictions, 353. Admission of undersria luales to Fellowships — increase or diminution of fellowships — higher degrees — clerical restrictions, 354. Pro- perty disqualification — college expenses, 355. The Rev. W. VV. Stoddart, B.D., Fellow and Tutor of St- John’s College : — Gentleman - commoners — exhibitions — Bible clerk — tutors, 355. Lectures — ^professors’ lectures — jrnvate tutors — -attendance at chapel — religious instruction, 356. Battels, 357. The Rev. H. L. Man.sel, M.A., Fellow, Tutor, and Dean of Arts of St. John’s College : — Jesxts College, 35 S. Letter from the Vice-Principal. The Rev. E. S. Foulkes, B.D., Fellow and Tutor of Jesus College : — Statutes — alteration of statutes — non-observance of statutes, 358. Residence of Fellows — marriage of the Head, the Fellows, the cnqnus, promus, and janitor — various Foundations — Restrictions on Fel- lowships, 359. Preferences — elections and exami- nations, 360. Connexion of Scholarships and Fel- lowships — higher degrees — increase and diminution of fellowships — commoners — property disqualifica- tions — -clerical restrictions — the Head may be a layman — academical restrictions — ecclesiastical preferments — election of Head, 361. Benefices — protectorships — schools — visitor — gentleman-com- moners — exhibitions — battellers — servitors— Bible clerks, 162. Tutors — lectures — Ptofessors’ lectures — Private Tutors — attendance at chapel — religious instruction — expenses, 363. Battel-bills, 364. Lilnary — numbers — -alteration of tests — quarterly battel-hills, .364. Rate of cliarges to be made in the kitchen, 366. Opening of Fellowships, 367. Wadhani College, 368. Letters from the Warden. Letter fr-crc eight Fellows. The Rev. John Griffiths, M.A., Fellow and Senior Tutor of Wadham College : — Statu'es, 368. Restrictions on fellowships — preferences — examinations — commoners — property disqualification — clerical restrictions — ■ ecclesias- tical preferments — benefices and advowsons, 369. Gentlemen commoners — Bible clerks — tutors — lecturers — attendance at chapel — religious instruc- tion — library — members, 370. 4 he Rev. Richard Consrreve, M.A., Fellow and Tutor of Wadham College: — Alteration of statutes — non-observance of sta- tutes, 37o. Residence — marriage of Head and Fellows — examinations — connexion of Scholar- ships and Fellowships — visitor — lectures — Private Tutors — battels — expenses, 371. Pembroke College, 372. The Rev. Francis Jeune, D.C.L., Master of Pembroke : — Revenues — statutes — corporate revenues — spe- cific application of revenues, 372. The Rev. D, F. Henney, M.A., the Rev. E. Evans, M.A., the Rev. B. Price, M.A., Fellows and Tutors of Pembroke College : — Statutes — alteration of statutes — non-observance of statutes — residence of head and Fellows, 373. Marriage of Head and fellows — variety of founda- tions - — restrictions on Fellowships - — preferences, 374. Examinations — higher degrees — increase and diminution of fellowships — commoners — property disqualification — clerical re'-trictions — academical restrictions — exclusions — ecclesiastical preferments — election of Head— benefices — pieelec- torships, 375. Visitor — gentleman-commoners — exhibitions — Bible clerks — Tutors — lecturers— Profes.«ors’ lectures — Private Tutors — attendance at chapel — religious instruction, 376. Expenses — battels, 377. Worcester College, 378. Letter from the Provost. The Halls. » St. Mary Hall, 379. Letter from the Principal. Letter from the Vice-Principal. Magdalene Hall, 379. ,T. D. Macbride, Esq., D.C.L., Principal : — Revenues — headship, 379. Exhibitions — sta- tutes of halls — residence of head — marriage of head — clerical restrictions — election of head — benefices — gentleman-commoners — exhibitions — Bible clerks, 380. Tutors — lecturers — professors’ lectures — private tutors — attendance at chapel — religious instruction — expenses — library, members, 381. New Inn Hall, 381. Letter from the Principal. St. Alban's Hall, 382. The Rev. E. Cardwell, D.D., Principal : — Statutes of halls — ^ gentlemen commoners — exhibitions^ — -lectures — attendance at chapel — emoluments of the headship, 382. Quarterly bill, 383. St. Edmund Hall, 383. Letters fiom the Principal. The Rev. John Hill, B.D., Vice-Principal : — Statutes — gentlemen commoners — - exhibitions, 383. Bible clerk — tutors — lecturers — private tutors — attendance at chapel — religious instruc- tion-expenses — regulations to be subscribed by every member on admission to St. Edmund Hall, 384. Battel-bills, 385. Supplement to Lincoln College, 387. J. L. Kettle, Esq., B.C.L., Fellow of Lincoln College. Decision of Bishop of Lincoln as visitor. OXFORD UNIVERSITY COMMISSION. EVIDENCE. Part I. 3 B 2 OXFORD UNIVERSITY COMMISSION. The following Paper was addressed to all Heads of Colleges and Halls, to all Professors and Public Officers of the University of Oxford, and to other eminent Persons connected with the University. Oxford University Commission, Downiny-street, gjjj November , 1850. Her Majesty’s Commissioners for the University of Oxford, being charged with the duty of reporting to Her IVIajesty on the state, discipline, studies, and revenues of the University and Colleges of Oxford, and required also to report their opinions on the subjects referred to them, are anxious to obtain information and suggestions from persons who, by theii station and experience, merit public confidence. They therefore request that you will corn- municate to them whatever, in your judgment, may assist them in the formation of their opinions, and enable them to give a faithful representation of the present condition of the University. While they will be glad to receive from you any communication bearing on the subjects of their inquiry, they beg leave to call your attention specially to the following points : — 1. The possibility of diminishing the ordinary expenses of a University education, and of restraining extravagant habits. _ 2. The sufficiency of the powers which the authorities possess to enforce discipline. 3. The power of the University to make, repeal, or alter statutes; 4. The mode of appointing the Vice-Chancellor and Proctors. ^ i i- i i 5. The government of the University and its relation to the Colleges, as finally established by the statutes of Archbishop Laud. 6. The means of extending the benefits of the University to a larger number ot btudents. (1.) By the establishment of new Halls, whether as independent societies, or in con- nexion with Colleges ; ^2.) By permitting Undergraduates to lodge in private houses moie geneially than at present ; • i i, i ^ i (3.) By ariowing Students to become Members of the University, and to be educated in Oxford ■ under due superintendence, but without subjecting them to the expenses incident to connexion with a College or Hall ; (4.) By admitting persons to Professorial lectures, and authorising the Professors to o-rant certificates of attendance, without requiring any further connexion with the University. 7. The expediency of an Examination previous to Matriculation ; of diminishing the length of time required for the first Degree; of rendering the higher Degrees real tests of meat, of so regulating the studies of the University as to render them at some period of the course more directly subservient to the future pursuits of the Student. r i • 8. The expediencv of combining the Professorial with the Tutorial system; of lendering the Professorial foundations more available for the instruction ot Undergraduates genera y , of increasing the number and endowments of Professorships ; of providing retiring pensions for Professors. , „ „ . . v 9. The most eligible mode of appointing Professors; and the effect of existing limitations or disqualifications upon the appointment of Professors. 10. The effect of the existing limitations in the election to Fellowships, and in their tenure. 11. The propriety of abolishing the distinctions between Compounders and ordinary Graduates; between Noblemen, Gentleman-Commoners, and other Students ; and also the distinctions made with respect to Parentage at Matriculation. xt t ^ i i 12. The means of fully qualifying Students, in Oxford itself, for Holy Orders, and of obviatino' the necessitv of seeking Theological instruction in other places. 13. The capability'' of Colleges and Halls, as at present constituted, to furniyi adequate instruction in the subjects now studied, and in those introduced by the recent Examination Statute. 1 T) -1 14. The system of Private Tuition, and its effect both on i utors a,nd 1 upas. 15. The means of rendering Bodley’s Library more generally useful than at present. 16. The propriety of laying periodical Statements of the University Accounts before Con- vocation. . . , . . 11 • Her Majesty’s Commissioners will be happy to receive your evidence, either orally or in writing, and in such a form as you may think best adapted to do justice to your suggestions and arguments I have the honour to be. Your obedient humble servant, A. P. STANLEY, Secretary. OXFORD UNIVERSITY COMMISSION. 3 To those copies of this Paper whicli were transmitted to Professors, the following request was annexed, to which the answers will be found in the Second Part of the Evidence, although in some instances where they were sent together with the ansAvers to the more general paper, they will be found in the First Part also. Her Majesty’s Commissioners also request you (as Professor of ) to furnisli statements under the subjoined heads, and to give them any further information or any suggestions, which may occur to you, in relation to your office: — 1. The nature of the Endowment, and its present annual value; and whether any other sources of income are attached to it. 2. \Vhether any special qualifications are required by statute in the persons appointed. 3. Whether any Residence, Lecture-room, Library, Apparatus, Collections, &c., are pro- vided for you ; if so, whether there are any funds for keeping them up. 4. Whether there are any statutes requiring the performance of specific duties ; and whether those duties are such as could not profitably be now enforced. 5. The mode of appointment to your office ; whether it is held for life, or for a term of years, and whether the person holding it is removable. 6. The nature and number of Lectures usually delivered in each year; the average number of pupils attending, and the fee paid by each pupil. 7. The general condition in the University of the branch of study to which your Professor- ship relates, and the means of promoting its advancement. [ 4 ] Rev. R. W. Browne, M.A. Expenses, Bible Clerk at St. John’s. Checks to College expenses. 1. College regula- tions. 2. Weekly bills. 3. Dinners. 4. Rooms. OXFORD UNIVERSITY COMMISSION. EVIDENCE. [The Evidence has (with very few exceptions) been corrected in print by the writers themselves.] Answers from the Rev. R. W. Browne, M.A., Prebendary of St. Paul's, Professor of Classical Literature in King's College, London, Chaplain to the Forces, and late Fellow and Tutor of St. John's College, Oxford. Question 1. The present expenses of a University education may be classed under two heads : — (1) . University and College fees, tuition, room-rent, and battels.' (2) . Those which result from the tone of society and the habits of the Under- graduates, and the ideas of expense in which they have been educated, either at home or at school, previous to coming to the University. The expenses enumerated in the first of these classes are, in well-regulated Colleges, very moderate, lower than in most good schools, and, I should think, scarcely capable ot much reduction. I have known a Bible Cleric of St. John’s, ot which College I was Tutor, whose allowance from the College was 40/., with rooms and tuition free, receive a balance of 12/., after paying all his expenses, altliough his statutable residence was three weeks longer than that of a Commoner. The rooms at St. John’s are let at 8/. 8^., 6/. 65., and 4/. 4^. per annum, according to their size, &c. In some other Colleges I believe the rents are higher, and, if so, I see no reason why they should not be reduced, except where there has been any very great outlay for new buildings. Although I do not think that these necessary expenses in College can be materially reduced below the standard of well-regulated Colleges, they can be kept in check by the following means : — 1. That Undergraduates should be allowed to have everything which they can reasonably wash in their position in life for breakfast, luncheon, dinner, and supper, including even, if possible, wine and dessert, from the College kitchen, buttery, and cellar, at a fair and proper price. Thus the bringing anything into College from hotels or pastrycooks, or the giving entertainments at such places, might be prohibited by the severest penalties. 2. By letting every Undergraduate know' weekly what he is spending. Much extravagance is caused, not only among the young, but in the W'orld at large, from ignorance of the rate at which a man is living, and from clisinclination to look into accounts. As College Tutor, I found this plan produce very striking effects. The plan pursued was (which is still continued in St. John’s) to have a bill, containing every item ot each day’s consumption, made out, and left weekly at each man’s rooms; not merely if asked for, but without exception ; so that no one could avoid knowing his expenses. The model* of this bill I got from Balliol. I subjoin a copy of it, from which it is evident that, ivith a very slight addition, it would include every comfort, and even luxury, in the way of living that an Undergraduate could possibly require for himself or for his friends. Thus the adoption of it would render the payment of enormous prices to pastrycooks and others utterly inexcusable. 3. That the hall-dinner should be paid for at a certain rate per term by all alike. The hall-dinner at King’s College, London, which is as good as the best provided for Under- graduates at Oxford, consisting of joints, pastry, cheese, bread, beer, and what are commonly called decrements {yu. decoraments), is charged 5/. 5s. for a term of more than 10 weeks. The charge at Oxford therefore would not be more than 4/. 4s. per term. 4. I venture to suggest the question whether the rooms might not be furnished well and completely by the College, and a rent charged for the use of furniture, including glass, china, &c. The debts into which Undergraduates are led by the growing taste for turniture and decorations, totally unsuitable, are ruinous. If it is thought that, owing to men of dif- ferent ranks and habits of life repairing to the Universities, a uniform mode of furnishing would not be expedient ; surely, even then, some rooms might be furnished more expensively than others, and charged for accordingly. The responsibility, then, ot occupying more * This Bill, for the sake of convenience, is transferred to Mr. Browne's Evidence under the head of the Evidence from St. John’s College, Part IV., p. 341-345. EVIDENCE. 5 expensively-furnished rooms would rest with the parent or guardian, who would be then aware of the exact amount of the expense incurred. In fact, in all cases, one great point to aim at is, that parents should have an exact estimate of what the education of their sons costs. But my firm opinion is that parents (and with their washes the University has to do far more than with the wishes of their children) even of the highest ranks would gladly see comforts substituted for luxuries. d'he rooms in King’s College, London, are furnished plainly and comfortably, and those of the Theological Students, whose means are generally scantier than those of the others, are furnished even in a more economical style than the rest, I am also of opinion, that expenses of this class would be much reduced by the rate of each Undergraduate’s living being weekly known to the College authorities, the parents, and HIMSKLF. It is plain that measures similar to those above would tend somewhat to diminish the expenses of the second class above enumerated. But expensive personal habits in dress, horses, &c., are far more difficult to deal with, because they are often formed before the student enters the University, at school or at home, and means for indulging them are supplied in a profuse and extravagant degree from sources over which the University authorities have no control. It is a well-known fact that boys at many of our great schools are permitted to form luxurious and expensive habits, and that in many cases the pocket-money with w'hich they are furnished is so profuse that it is very difficult for University authorities to repress and remedy the habits thus formed. Besides, the habits to which young men are accustomed at home 'render it difficult to fix any arbitrary standard of expenditure. That mode of living which would be unnecessary self- denial to the son of wealthy parents or to the heir of great property, might be extravagance in the son of a poor clergyman. The only method of dealing with these difficulties appears to me to be — fl). A clear understanding between the authorities and parents as to what allowance their sons are to have, and urgent remonstrances against those allowances being too great. (2) . The most stringent regulations respecting the delivery of tradesmen’s bills within a certain period, and, if possible, stronger legal prohibitions against recovery of debts after the expiration of such period from persons in statu pnpillari. (3) . Above all, a serious feeling of the responsibility of the tutorial office, shown by personal intercourse and Iriendly influence over the minds of the pupils, and a determination to ga,in their confidence. The more Tutors can live without stiffness with their pupils, the more influence will their mode of life (w'hich is now universally moderate and frugal) exercise on the general tone of Under- graduate society. (4) . I am not without hopes that, as idleness is one great temptation to extravagance, the introduction of a greater variety of subjects of study by the new Examina- tion Statute may interest and occupy many who do not take sufficient interest in Classics and Mathematics, and thus produce an effect upon expenditure. Question G. — (1). A sound collegiate system harmonizes well with the English character ; it has, on the whole, w’orked well, and produces that moral effect which is the result of mutual and self-education, and which, notwithstanding tb.e defects in our University system, is in almost all cases the residuum of a University education. In effecting, therefore, that most desirable object, the extension of the benefits of that education far more widely, I think regard should be had to the maintenance of a good collegiate system. While, therefore, 1 feel the necessity of permitting the establishment of new halls, as occasion may require, I would rather they were in connexion with Colleges than independent of them. Halls must generally be small societies, and the natural tendency in small societies is for their discipline to be laxer than that of large bodies. Their support depending on the number of their members is also a strong temptation to diminished strictness of discipline. It is a well-known fact, that the discipline of the existing Halls is far more lax than that of the Colleges. Besides, the establishing of Halls attached to Colleges, and presided over by one of the members of the College, would scarcely be an innovation. It would be but an extension of the College itself. The lisprit de corps w'ould be the same, the associations the same, and the system by which the College w’as governed would apply to the Hall. If it be thought expedient to establish independent Halls, the University should itself lay down the internal regulations by which they are to be governed on those points which are now left by the University to the College authorities, viz., manner and expense of living, residence, lectures, terminal examinations, &c. In fact, very stringent means must be taken by the University to prevent Halls becoming refuges from the stricter discipline of the Colleges. (2). The difficulty of placing confidence in the reports of keepers of lodging-houses, and the inexpediency of subjecting students to the surveillance of such persons, seems to me to render it inexpedient to permit the residence of Undergraduates in the town, unless (as under the present circumstances) when of a certain standing. I do not see w'hy the admission of students of a more advanced age than is at present usual should be so much discouraged as is now the case ; and should men of this class wish to take advantage of a University education, they might, as well as married men, be permitted to live in the town. Rev. R. W. Browne, M.A. Other expense!!. Checks. 1. Parents. 2. Regulations for Recovery of debts. 3. Tutorial inter- course. 4. New Examina- tion Statute. University EXTENSION. Affiliated Halls. Independent Halls. 6 OXFORD UNIVERSITY COMMISSION. Rev. R. W. Browne, M.A. Members of the University living at Home. Attendance of strangers on Professorial Lectures. 1. Examination AT Matriculation. 2. Duration of RESIDENCE. 3. The higher Degrees. 4. Professional Study. Tutorial and Professorial System. Appointment of Professors. Convocation, the worst mode. (3) . I tlo not see whji students should not be allowed to be members of the University without being members of Colleges, if residing in the house of a M.A. didy licensed by the University, and bound by certain fixed rules and regulations, or ot a parent or guardian; for although I think the Collegiate system most valuable, still those who do not think so should not be debarred from the privileges ot the University. Some parents think the union of public education in the hours of study, and the advantages of domestic society and the protection of the paternal home, the best kind of education ; and the case in question would be analogous to that of parents who reside near our great public schools for the express purpose of maintaining home influences, at the same time that they profit by the advantages of great educational institutions. (4) . Whilst I think discipline is necessary for those who are to go forth into the world stamped as members of the University, I do not see how there can possibly be an objection to persons of any rank or kind whatever attending the Professors’ lectures, either gratis or on payment of a fee, and receiving a certificate of this matter of fact, or even of having passed an examination, if the Professor chooses to subject them to it, and they choose to submit to it. It would be as unreasonable to forbid this as to forbid strangers from being present at the University sermon. The only security which the University need take from such residents would be a declaration of submission to the University regulations for maintaining the peace and public morals of the place, and of course for any breaches of order and decorum, they must be like matriculated students subject and responsible to the authorities of the University. At Kincr’s College, London, any person may enter for each Prolessor's lecture, as what is termed an occasional (f. e. non-matriculated) student, of whatever religious persuasion he may be, and no inconvenience has ever resulted from this practice, with reference to maintaining the discipline and moral condition of the College. Question 7. (1). As an examination at matriculation is required by most Colleges, it would in my opinion be beneficial that a uniform standard of qualification should be established, and I do not well see how this end could be attained, except by a University examination instead of a College one. (2) . If the provisions of the new examination statute are to be carried out, the present term of residence, namely, three years, does not appear too much, but I cannot see why the studies required for B.A. degree should be theoretically four years, and the residence i educed piac- tically to three years by the contrivance of Grace Terms. (3) . The time required for B.A. degree might perhaps be diminished, and the M.A. be made a real test of merit, by making the second examination under the new statute the test for the B.A., and the third examination for the M.A. degree. With respect to the higher degrees, I do not see my way clearly enough to offer an opinion ; but I think if a test of acquirement be demanded, the fees at taking them should be lowered, and certainly the time should be diminished. The superior degrees at the University of London, in the Universities of Scotland, and in all foreign Universities, are granted at a tar younger standing than at Oxford or Cam- bridge, in fact with them the Doctorate implies a standing scarcely so far advanced in point of time as an M.A. degree. Few men at the age now requisite for a D.D. degree, would submit to the annoyance of an examination. If they w'ere men of real distinction, they might probably think themselves as competent to be examiners as to be examined; if they had arrived at such high positions as are popularly thought to require a D.D. degree, without possessing any literary qualifications or knowledge of divinity at all, they would not venture to be examined; and if a degree were in these cases conferred by diploma or any other method without examination, the degree would become almost a mockery. (4.) The degrees in Arts must be certificates of a general liberal education, not ol one of a particular or professorial character. But tliere appears to me to be no reason why means of education should not be provided having reference to the student’s future pursuits; in fact this would be the case if all possible efficiency were given to professional instruction. Questions. It is totally impossible that College Tutors should lecture on every subject of the University course, Moral Philosophy, History, Criticism, Logic, Mathem.atics, See., with the same efficiency as Professors who devote their whole time and attention to the study and investigation of one class of subjects. College Tutors may tell their pupils all that got them their own first or second classes ; they can thus reproduce copies, some better and some w'orse, of their own minds, and they can prepare men to undergo an examination, but they cannot possibly give them such enlarged views, or keep them so on a par with the progress of modem discovery as professors can, simply because they have not so much time to pursue such a course of study and investigation themselves. The instruction of a University should not be confined lo preparing men for examination ; but a system of mere tutorial instruction has a tendency to degenerate into this. By a professorial system, I of course mean not the mere delivery of oral lectures, but cate- chetical lectures also, occasional examinations by the Professor, the use of text-books, and above all strictness in requiring (as in the present tutorial system) a certain preparation for the lectures on the part of the students. Question 9. With respect to the most eligible mode of appointing Professors, I do not feel competent to give any opinion further than that the worst mode would be by a body constituted as Convocation is. Where responsibility is so divided it is scarcely felt, and a sacred trust too^ often becomes a mere question of patronage, or of College or party feeling. I am not aware of the nature of the existing limitations or disqualifications upon the appointment of Professors, but I cannot conceive any to be expedient except the not being the most competent person who can be found for the office. Question 10. I cannot refrain from stating it as my firm conviction, that if all foundations EVIDENCE. 7 were perfectly open, such a state of things would be most advantageous to the interests of lite- rature, of the University, of the Colleges, of the public, and even of the present privileged classes themselves. In proof of this it is sufficient to appeal to the condition of those Colleges which enjoy the privilege of open foundations. But cases in which it can be shown that good is beiii" done by close foundations, may perhaps form strong exceptions. There is a great difference between fellowships and scholarships attached to eminent schools, which furnish an ample supply of competent candidates, and those attached to Grammar Schools now decayed, to counties, districts, towns, and families. I refer here to the students of Christ Church, who are elected from Westminster, the fellows of New College from Winchester, and those of St. John’s from Merchant Taylors’ School. Of the University honours gained by the fellows of New College, and by the Westminster students of Christ Church, I have no means of forming an estimate, but il they can be shown to bear a fair proportion to the numbers elected, it will be plain that they answer their end in fostering men distinguished in the path of honour which the wisdom of the University has pointed out. Of the fellows of St. John’s who are elected from Merchant Taylors’ School, I find (taking an average of some years past) that besides other University distinctions, about one-half have taken first and second classes, and nearly three-fourths have taken some University honour. It is evident, therefore, that in the majority of instances (if we take the test of proficiency which the University has established), these Fellowships are filled by men whom the founder himself intended should enjoy them. I find that scarcely any honours have been gained by those who from time to time have filled the other 13 Fellowships. I find, too, that candidates for these Fellowships are sometimes rejected for actual incompetency. I imagine, therefore, that it is equally evident that it would be better for the College, as well as the University, if such Fellowships as these were thrown open. One of the great evils of close Foundations is, that the stimulus to exertion which endow- ments furnish, is thus taken away or diminished. This evil might partially be remedied (1) by limiting the duration of Fellowships, as then they would not be looked upon as provisions for life, and (2) by raising the absolute qualification for election. But here there is often a diffi- culty. At St. John’s, for instance, a candidate for a probationary fellowship of good character cannot be rejected if sufficiently instructed in Grammar to commence learning Logic, and when at the end of three years he is again examined for a full Fellowship, he can scarcely be refused, if able to do what the University requires as the test of fitness for a B. A. degree. The extension of powers to electors as to fixing the minimum qualification, would of itself be an improvement. How far the wills of founders may be interfered with is of course a grave question, but wherever strict adherence to them evidently does not produce the good effects, wdiich the founders themselves intended, scarcely a doubt can be entertained as to what ought to be done. Instances might be given in which the letter of a Founder’s will, has become in process of time, entirely at variance with its spirit and intention. For example, the Founder of Magdalen directs that certain Fellows and Demies should be elected from persons born in the City of London, meaning thereby to benefit the families of Tradesmen and Merchants, &c., residing therein. Now in the present day, scarcely any of this class of persons, which he intended to benefit, reside in the City, they now inhabit the suburbs, and are thus by statute excluded from the benefits which the Founder intended they should enjoy, and not only that, but from every Fellowship in his College, if they reside in Middlesex ; because he imagined that County was provided for when he provided for the Londoners. The limitation of the period of holding Fellowships appears to me most desirable ; if they were held for a period not exceeding 12 years, the following good results would take place. (1.) Fellows would look upon a Fellowship, not as a maintenance and provision for life without further exertion, but (as the best men do now,) as a valuable help at the outset of life, when in every vocation or profession, a man of slender means finds almost insuperable difficulties. (2.) The assistance of Fellowships would be extended to a great many more persons than at present. (3.) Those who received the College church-preferment, would receive it at a period of their lives when their habits would not be too m.uch formed for a peculiar manner of living, and when they would be most fitted for discharging the duties of parochial Clergymen. Exceptions might, perhaps, be made in the case of Fellows filling the office of College Tutors, altho\igli, in my own opinion, a man is better fitted for dealing v/ith young men when he is himself young, and this advantage appears to me to counterbalance even the evil of fre- quently changing the Tutor of a College. To allow Fellows to marry would, as it appears to me, be most prejudicial. Married men have necessarily another sphere for their social sympathies, and cannot live with and mix amongst Undergraduates so much as ought to be the practice of College Tutors. Question W. The additional fees exacted from Grand Compounders very often press with unjust severity. I know an instance of a young clergyman of very small means, whose pre- ferment, althoucrh of little value, is rated so high in the King’s books as to constitute him a Grand Compounder. The consequence is, that he is debarred entirely from taking Ins M.A. degree. Men, too, who have inherited a small patrimony are subject to these extra fees, when those who are heirs to vast properties are exempt. These are cases of absolute hardship, and prove that the practice is unfair. Nor do I see a single reason in favour of its maintenance. Whatever may be the value of a degree it is the same to a rich as to a poor man. In fact, this, like all fixed money payments, although suited, perhaps, to the times in which the regulation was instituted, is totally unfit for the present. Then a living valued at 10/. in the King’s Rev, R. W. Browne, M.A. Restrictions on Fellowships. Connexion of St. John’s and Merchant Taylors’ School. Alteration of Wills. Magdalen College. Limitation of tenure of Fellowships. Limitation of Marriage. Distinctions of WEALTH AND RANK. Grand Com- pounders. 8 OXFORD UNIVERSITY COMMISSION. Reo. R. W. Browne, M.A. Noblemen and Gentleman- Commoners. Matriculation Fees. The means of QUALIFYING Students for Holy Orders in Oxford. Inadequacy of THE PRESENT MEANS OF Instruction. Private Tuition. Libraries. books was a good one ; now this sum is scarcely a test of value ; nay, in the case of Vicarages, I believe it would generally be a test of small value. With respect to private property, 300Z. per annum then constituted a rich man, now it constitutes a poor one. Of course, nothing can be said in favour of keeping up the distinction of petty Compounders. Neither can I imagine any argument in favour of the distinction between Noblemen, Oentleman-Commoners, and Commoners; they are distinctions by no means of the same character as those social distinc- tions which exist in the world. The privilege ot graduating earlier also appears to me inexpedient ; if less time be sufficient for any student to prepare for a degree, all should have the advantage of this fact; if not, it is not probable that sons of Noblemen and Privy Councillors will prove exceptions. Some leading Colleges have already lecognized the inexpediency of this distinction. Cases of actual hardship often arise fioin this distinction. In some Collettes I have heard that eldest sons are refused admission, except as Gentlemen Commoners!’ and thus are thrown, against the will of their parents, into society of expensive habits, and not devoted to study. The difference of Fees at Matriculation is peculiar to Oxford, and there can be no reason why it should be maintained there, when it is entirely unknown at the Sister University. Question 12. The means of qualifying Students in Oxford for Holy Orders will depend upon the efficiency of the Theological Professors, and if the present staff is insufficient in point of numbers, the increase of it will of course form part of any scheme for the general encourage- ment of the Professorial System. The principal reason why the majority of Students go elsewhere for Theological Instruction is, that few can support the expense of an Oxford residence beyond the period of a B.A. decree. They cannot exchange their Undergraduate mode of life for a less expensive one, wlnle living in the same place and amongst the same associates; they therefore seek a new scene in which they begin a new and more frugal career, where all their companions are of somewhat the same rank, have the same object in lile, and the same destination , just as all prudent men of the middle ranks and small means would when they left the University for the study of the law or any other profession. If by any slatutary regulations a less expensive tone of Society could be introduced amongst the Undergraduates, Bachelois studying Divinity would be more likely to continue in residence, instead of seeking instruction at Theological Colleges. Question 13. It is quite impossible to expect that any individual College and Hall could sup- ply men qualified to teach all the subjects of study introduced by the New Examination Statute. If the whole University can produce a body of eminent Professors duly qualified for so important a task, it will well and amply discharge its duty. This is one strong reason why it is so important that the Professorial System should be combined with Tutorial. Question 14. Under the existing system, in which each Public Tutor is discharging duties, which under a Professorial System would be divided amongst two or three Professors, it is almost impossible for the I utor sufficiently to direct and superintend the piivate studies ol his Pupils. Hence Private I'uition is almost a necessary evil ; still it is an evil which has much increased of late years. Eighteen or twenty years ago it was custonyary to have a Private Mathematical Tutor, because there were only a few Tutors in the University then competent to give instruction, but many then who took the highest honours, had no private Classical Tutors. Now I believe private Tuition is universal. I speak of it as an evil for the following reasons : — (1.) It is the private Tutor’s business to take care that his Pupil pays attention to nothing but what will tell in the examination. This is, of course, destructive ol comprehensive views, as well as of original and independent thought. . „ (2.) The Pupil learns to rely so completely upon his Tutor for the immediate solution of all his difficulties, that he is deprived of the opportunities of Ibrming those invaluable habits of mind which result from struggling with difficulties unassisted, and pursuing for himself a course of patient investigation. (3.) The most useful system of private Tuition is that which is carried on by the formation of small classes, numerous enough to elicit various views, and to leave lyom for some inde- pendent exertion on the part of the Pupils, and not too numerous to admit of personal super- intendence on the part of the Tutors. By such a system students are encouraged not to look to their Tutors to suggest every subject tor their consideration, or to give them only such information as he thinks fit, but to consult him in their difficulties. If the Professors relieved the Tutors of the Public Lectures, the latter would be able to form classes of this kind in which to direct their Pupils in their studies, with reference to the Public Lectures, and this would probably, in great measure, supersede the necessity of private X uuiuiu . . -I Tk * m 1 If students were thus relieved from the great additional expense of a 1 rivate 1 utor, such Fees micfht fairly be demanded for attendance on Professors’ Lectures as would afford them a remuneration for their arduous office. The effect {intellectually^ produced on the Private Tutors themselves, by repeating the same lesson, as it were, year after year, and term after term, for eight or ten hours a-day, can well be imagined, but I fear many men, worthy of better things, are doomed to the same fate, who are engaged in the lower walks of the educa- tional profession. 1 r> IT Question 15. The regulations under which Books are allowed to be borrowed imm the Public Library at Cambridge, “appear to work ivell, and to give general satisfaction. Why should not rules somewhat similar, be adopted at Oxford '( Probably Manuscripts, and such Books as are unable to be replaced, should not be lent, because it would be quite worth the while of those who wished to consult them to visit the Library for that purpose. It should also be enacted EVIDEiNCE. 9 that books lost or damaged sliould be replaced by the borrowers ; but it would be far better Rev. R. W. Browne, that a few pounds worth of books should be lost or damaged every year, than that the Library M.A. should not be made as extensively useful as possible. There are two other points not alluded to in the printed questions on which I feel very strongly. (l.'t The importance of abolishing hy law all Oaths, except that of Allegiance and O.-vths. Supremacy (which from its solemn nature may be retained), and substituting Declarations in their place. The practice of taking Oaths to observe Statutes which, if read at all, are never read until after the Oath is taken, does much to lessen the awe and veneration with which so solemn an appeal ought to be regarded. The irreverence and injury to reasonable religious feeling, caused by taking unnecessary Oaths, has long ago been felt by serious persons, and recognized by many alterations in the law of the land. The explanations offered in defence of the practice by persons, who conscientiously approve of College Oaths are beginning to be considered, if not evasive, at least the arguments dealv SiatpvXarTovTwv. When Members of Colleges obey Statutes, their motives are not strengthened by the fact of their having sworn to” do so; and when they disobey, I fear they never reflect that they are infring- ing their oath. All that is necessary is a declaration of willingness to submit to discipline and authority, and therefore this is all that ought to be required. Nothing more than this is demanded at King’s College, London, and the maintenance of discipline is quite possible there. (2.) The inexpediency of subscription to Articles at Matriculation; Instructions in the Ar- Subscription at tides form part of the University course of Education. It is, therefore, evidently assumed that Matriculation. most Students at Matriculation do not understand them. The inconsistency of subscription to a formula, the meaning of which is not understood by the subscriber, is so universally admitted, thatit hasbeen urged in defence, that subscription to the 39 Articles at Matriculation only means, “ a willing assent to be educated in the principles of the Church of England if so, why should not this very declaration be substituted? Regard to truth imperatively demands that when a pledge is required, there should not be the slightest room for misun- derstanding the language in which it is expressed. In dealing with the young especially, care should be taken to avoid even the appearance of trifling with solemn things. Besides, subscrip- tion at Matriculation is not required at Cambridge, and I do not see why the practice in this matter should not be assimilated at both Universities. R. W. BROWNE, M.A. Answers from P. B. Duncan, Esq., M.A., Keeper of the Ashmolean Museum, late Felloio of New College. ' My Lord and Gentlemen of the Oxford University Commission, There is nothing in which I should feel more pride and delight in doing than in giving any useful information for the improvement of my beloved University, were it in my power to suggest anything worthy of your attention for its advantage. Although I have ceased to be a Fellow of New College for some years, I have resided within its walls occasionally for above 60 years, and have had great satisfaction in witnessing many admirable improvements in discipline, morals, and education in the University. What more remains to be done is, I understand, the object of your present inquiry. As to your 1st Question, respecting “ the possibility of diminishing the ordinary Expenses of Expenses. the University, &c.” As to the present necessary College expenses of lodging, food, and tutors, I cannot think they can be much, if at all, reduced. The average rate of them might be published to show parents that the debts contracted in the Universities were not imputable to collegiate charges. It is almost impossible to conceive a plan for checking extravagant habits and incurring debts that cannot be evaded, and that has not been often considered and been attempted to be carried into effect in vain. If Oxford tradesmen do not run the risk of future payment London tradesmen will. As to the 6th Question: “The means of extending the benefits of the University to a larger University number of Students.” I think this may be done more effectively and consistently (with the Extension. present system of University discipline^ by establishing new Halls, than by permitting Undergraduates to lodge in private houses, or by any of the other expedients submitted to consideration. As to the 7th Question : “ The expediency of an Examination previous to Matriculation, &c., Examin.\tion at as operating on the more attentive preparation of scholars to be admitted into our Universities. Matriculation. I should think it very recommendable, and I take the liberty of suggesting that this examina- tion should be made as to some branches of knowledge, which, as they are supposed to have been taught at schools, aie not thought necessary to be inquired of, or to be the subjects of instruction in Colleges, such as good hand-writing, the elements of arithmetic, and distinct propriety of reading and geography, as well as a sufficiency of classical learning. 3 C 10 OXFORD UNIVERSITY COMMISSION. P. B. Buncnn, Esq., M.A. Profks&iosai. Studies. English Composition and Elocution. liESTUICTlONS ON Fellowships. Gentlem.^n- COMMONEUS. Priv.vte Tuition. H. H. Wilson, Esq., M.A. ExrENSE.S. ])lSCIPLl.\E. Private Lodgings. Professorial System. As to “ I'ogiilating the Studies of the Universities, so tis to render tliem nt some pciiod of the course more directly subservient to the tuture pursuits of the Student, and as to the expediency of combining the Professorial with ttie utorial system, I cannot conceive how this can be well done consistently with our present system of examination, unless a hona fide residence of four years was required, with shorter vacations, the fourth or last year being dedicated to the elements of scientific and professional studies, as in the United States of America, with certificates of attendance and examinations by each professor. The o-eneral complaints I hear against our Universities, after the great complaint which touches on that most sensitive part of parents, dieir pockets, are the great cleficiencies in our students, ot good veadin^, correct wanting oi their ovvm language, and capability of dehyeiiiig their sentiments in public, so well as many of our common artisans and tradesmen, as manifested in the pulpit, in the parliament, at the bar, and in common assemblies on public occasions. Our Greek and Latin, the great passports of gentility, not being producible, cannot be tested, and the good fruits of them not being apparent are thought not to exist. It is, therefore, very desirable that some knowledge, bearing on the purposes of life, should be communicated, which may be gradually developed elsewhere, and made subservient to professional occupations. I am far from undervaluing classical studies, to which I owe my original connexion with the University, and many of the best hours of intellectual instruction and gratification I have enjoyed, but think they should be accompanied with other branches of useful education. As to the lOth Clause, I cannot think that any adequate public benefit would arise from an alteration of the present system of election to Fellowships. Regarding the llth Clause, the abolition of the rank of Gentleman- Commoners, as distin- guished from that of Commoners, I conceive might be attended with a very good economical effect as to the expenses of both. 14th Clause. The system of private tuition seems to imply the necessity of more tutors in each College, or more attention to their pupils by those at present appointed to that office. I think it must be often the effect of the former. With sincere wishes for the success of any improvements you can make in the management of the University, I am yours respectfully, P. B. DUNCAN. Answers from H. IL Wilson, Esq., AI.A., Boden Professor of Sanscrit Sir, I HAVE the honour to acknowledge the receipt of your circular letter of (he 18th instant, communicating to me the request of Her Majesty’s Commissioners that I would furnish them with sucli views as I might conceive likely to promote the objects of the Commission, and directing my attention to various subjects of inquiry relating to the University in general, and to my own department in particular. With respect to the first, I beg to state that my position in the University has such slender connexion with its general management, or with the conduct of its constituent establishments, that I have little or no experience with respect to them on which to found any opinions worthy of consideration. The Commission will, therefore, excuse my declining to reply in detail to the first series of interrogations, and will, I hope, be satisfied with my noticing only those of which the subject matter bas come under my observation: — 1. If by ordinary expenses be meant the customary charges for tuition, board, and lodging, I do not conceive that any material diminution can be effected, as it appears to me that they are exceedingly moderate. Some retrenchments might be made perhaps m the unauthorized charges for attendance, and the fees and perquisites claimed by College servants ; but the chief source of expense, the extravagance of the young men themselves in matters wholly unconnected with their collegiate career, cannot be suppressed by any sumptuary regulations. The remedy of this evil, as far as it is remediable, lies more with parents and guardians than uith College authorities. _ . , • , 2. As far as the public is concerned, whether in the town or within the precincts of the Colleges, the maintenance of order and decorum is most successful. The discipline of many establishments of very inferior extent and importance is much less effectually enforced. 6. Permission to occupy private lodgings more generally than at present, on first joining the University, would no doubt increase considerably the number of students, and although it might render it more difficult to keep up the present discipline, yet this might not be impossible, as long as the young men were members of a recognized society, ot a College oi Hall ; but 1 think it would be impossible, if students were allowed to become members of the University, without such a connexion being insisted on, as suggested under this query ^ 8. The expediency here suggested may be readily admitted; the first has been in part provided for by the present statutes, and can only be accomplished by the system of examina- tions and necessity of certified attainments in s\ich extra-collegiate branches of instruction as are taught in the University by Professors. To render the lectures more available, as far as the abohtion of existing fees; to increase the number and endowments of Professorships, and to provide retiring pensions for Professor.«, may be very desirable, but their being effected EVIDENCE. 11 depends upon the adequacy of funds, which there is little prospect, I apprehend, of being able to raise. -nr. 9, 10. Whatever may be the effect of existing limitations, regarding Professorships and Fellowships, they cannot in justice be interfered with, except by an authority recognized by the original endowment ; and* if, in some cases, they prove inconvenient, yet the effect of being able to impose restrictions is not unlikely to be the multiplication of endowments. Many persons influenced not unnaturally by local affections will appropriate funds to the benefit ot a town or county which they would withhold altogether from a more general and comprehensive appropriation. It may hereafter be a question whether the University should accept an endowment shackled by such limitations, but once accepted the conditions should be observed, or benefactors will become rarer than ever. 14. Private combined with public tuition appears to me to be indispensable for the perfection of education in any branch of letters or science. It is impossible that a Professor or a Tutor of a College, who teaches in classes, should give to each individual the time and instruction he especially requires, or even be aware of the nature and extent of the assistance which each of his pupils stands most in need of. It is in the immediate and intimate intercourse with a single student that the amount of his deficiencies, and the best means of supplying them, can alone he correctly appreciated, and the best methods be applied. Unless the students could be apportioned among the College tutors, in classes of three or four at most, which is not possible, the supplementary accession of private instruction must always be of use. 15. It might possibly add to the usefulness of Bodley’s Library, it, in particular cases, the books were permitted to be borrowed ; but this should be done with great, caution, and restricted to books of least rarity and value, and they should always be within reach, for however inconvenient it may sometimes prove to be unable to take away a volume from the library, yet, on the other hand, it is of the utmost importance that persons coming from a distance, perhaps from abroad, should be sure of finding at hand the works they come to consult. The lending plan is not without serious disadvantages, without taking into account the risk, to a given extent indeed, the certainty ot loss. 16. I see no objection to the submission of the University accounts periodically to convo- cation, although I doubt if any real benefit would result from the practice. In reply to the questions which the Commissioners have put regarding the Prolessorship of Sanscrit, I may state that the circumstances of the endowment, and the statutes by which the appointment is regulated, were determined by the University Board, in communication with the Court of Chancery, and confirmed by convocation. They are, therefore, sufficiently notorious, and are to be found in the Oxford Calendars of various periods, but I have no objection to obviate the necessity of further reference by here repeating them ; (1.) The endow'ment consists of a fixed amount of bank stock, from the interest of which the salaries of two scholars and a Professor are defrayed. The former are 50Z. a-year each for four years. The latter, which is for life, was expected to reach eventually to 1,OOOZ. a-yeai% to which sum it was limited, but it has never approached that amount, and is actually but 850<. per annum. However liberal this may be, I should have hesitated to accept anything less than the sum originally proposed, as I had to relinquish appointments in India of four times the value. No other sources of income are attached to the Professorship. (2.) Knowledge of the language, being a matriculated member of some College or Hall, and of the Church of England. (3.) No residence is provided, nor is there any collection of books or manuscripts. The Bodleian contains a good collection of Sanscrit manuscripts, the greater part originally in my possession, and transferred to the University, w’ith the condition that the Sanscrit Professor, for the time being, should be allowed to take home any he might require to use. There is no lecture-room, and although the room at the Clarendon is available, yet its use is sometimes inconvenient, being interfered with by other lectures. A public lecture-room, however, is not much needed for classes of so limited a number as the Sanscrit classes must alw'ays be. (4.) The statutes impose no duty that may not be reasonably required, although they are more stringent than is usually the case in similar endowments. (5.) The Professor is appointed by convocation; he is removable in the event of his non- compliance with the conditions of his appointment, for neglect of duty and immoral conduct. (6.) The statutory number of lectures to be given in a year is 42, 16 in each of the longer terms, 5 in each of the shorter. I have kept a register of my lectures since 1836, and find the average annual number that I have given amounts to 98. The same voucher shows that the average annual number of students has been 10. They pay no fees, nor any charge whatever. (7.) The general condition of the study of Sanscrit in the University is quite as flourishing as could in reason be expected. Study for its own sake, prompted by a disinterested loye^ of intellectual labour, and looking for no other rewards than accumulated knowledge and gratified curiosity, would be a strange thing in these times, and would be more likely to incur ridicule than respect in this country. It would be preposterous, therefore, to propose popularity for the study of a branch of literature which is not calculated to lead either to private emolument or public distinction ; and I think it very creditable to the members of the University that, in addition to those whom the Scholarships attract to my lectures, so many should have been induced to make themselves, more or less, acquainted with the language from purely literary motives. I do not think that any material advancement of the study, beyond the point it has attained, can be anticipated. Two more Scholarships will, in the course of time, be at the disposal of the University, and they will bring some addition to our strength, but, in general, 1 do not think the study owes its best advancement, or most beneficial application, to pupils of the description to which the limit of age, 24 years, usually confines the Scholarships. It 3 L 2 H. H. Wilson, Esq., M.A. Restrictions o.\ Fellowsuix's. Private Tuition. Bodley’s Library. University Ac- counts. Sanscrit Profes- sorship AND Scholarships. 1. Endowment. 2. Qualification. .3. No residence or lecture-room pro- vided. 4. Statutable re- quirements. 5. Appointment. 6. Lectures r.nd fees. 7. Study of Sanscrit at Oxford. ^ Zfl 12 OXFORD UNIVERSITY COMMISSION. H, H. Wilson, Esq., M.A. Lisjgested altera- iion of Sanscrit Scholarships. niicbt, perhaps, be advisable to affix no limit of age, but to leave the Scholarships open to members of the University whatever their age or standing. The salary might sometimes be such an assistance to the means of Bachelors oi' Masters as to enable them to protract their residence in the University for the purpose of pursuing extra-collegiate studies. It would also, no doubt, afford some encouragement to the study if it were made a subject of public examination under the system now adopted, and if meritorious proficiency entitled the student to certified distinction. Whatever is taught publicly in the University should, I think, be publicly tested. I have the honour to be, Sir, Your obedient servant, H. H. WILSON, Boden Professor of Sanscrit, University of Oxford. Eobert Lowe, Esq., M.A. Coni.EGE Tuitiox. Private Tuitiox. Evils of it. Answers from Robert Lowe, Esq., M.A., Barrister-at-Law, late Fellow of Magdalene College. Sir, 2, Paper Buildings, Inner Temple, I HAVE thrown together the results ol' my own experience (which you are aware has been as a private Tutor pretty extensive), in the form ot a letter, finding it easier to explain myself so than to answer questions, and availing myself of the permission given to take that course, ]\Iy observation has been that Undergraduates seldom read but for examinations, and seldom attend to instruction except from a private Tutor, whom they select and pay themselves. I do not think that you can alter this state of things, and the next best thing to be done is to direct and modify it so as to cure the defects and increase the efficiency of the system. As long as a degree at Oxford and a place in the class list shall be looked on as an important step in life, and as long as private tuition shall be looked upon as the readiest way to attain these objects, the one will be the end to which study is directed, the other the means resorted to for its attainment It is only when students are too poor to afford this assistance that it will be foregone, and even then I have knowui very great sacrifices made to attain it, and that by persons whose College Tutors were men of unquestioned attainments and ability. I entertain the strongest objections to the present tutorial system. It is a monopoly of education given to the Colleges at the expense of the efficiency of the University, and has very often been grossly abused by the appointment of incompetent persons. The Tutor has no stimulus to exertion beyond his own conscience ; let his success be ever so brilliant, the termi- nation of his career is not likely to be affected by it. The expected living drops at last, and idle or diligent, learned or ignorant, he quits his College and is heard of no more. 1 he plan also of teaching in large lectures, while it gives but little instruction to the less advanced, is inexpressibly tedious and disgusting to the more forward student. I never shall forget the distaste with which, coming from the top of a public School, I commenced construing, chapter by chapter, the 21st book of Livy. This has a bad effect on the mind. A boy (for he is nothing more) finds the requisitions of College incomparably easier than those of school; he becomes arrogant and conceited ; the tutorial system has not only taught him nothing, but has actually given him no idea cf the course of study required for a high degree, and in the pleni- tude of ignorance and self-sufficiency he wastes, at least, one most valuable year in idleness, if not in dissipation. The instances in wdiich the tutorial system has worked really well are when the Tutor-ship of a College has fallen into the hands of some celebrated private Tutor,^ — • a success which affords an indirect homage to the superior system of private tuition. I am, therefore, opposed to the continuance in any shape of the present College tutorial system. Of the sj^stem of private tuition the advantages are manifest. The pow'er of selection has great efficacy in attaching the pupil to the T’utor, and I can speak fi-om experience that the tendency is strong to overrate the abilities and industry of a private Tutor, a leaning which I have never observed in the case of public tuition. The unfettered intercourse, — the power of stating a difficulty without incurring ridicule, — the greater equality of age and position, — all tend to give the system efficiency, and whether desirable or no, I am convinced that it will be the working system of the Universitv- The Dean of Christchurch issued an order that no man of his College should read with a Tutor of another College. I do not think the order an unreasonable one, and I doubt not that Christchurch contained plenty of competent persons ; but I know that all the time one-half of my pupils came from Christchurch. The system of private tuition is a necessary and unavoidable concomitant to any examination. No sooner were examinations established for the masters and mates of merchant ships, than there arose a class of men whose business was to cram the Candidates. The system of private tuition has, however, many defects. The persons into whose hands it principally falls are young men of unformed character, knowing little of the wmrld, or pro- bably of anything except the course of study by which they have gained distinction. They have nevertheless very great influence over their pupils, and are from their youth, their sin- cerity, and their earnestness, the most dangerous missionaries of wdiatever opinions they take up. T’hey are the persons who are really forming the minds of the Undergraduates before they have formed their own. The University knows nothing of them except their names in the Class list ; in their Colleges they have no status, and it is quite optional with them whether they enter into the Society there or no. Everythingis entrusted to them, and no caution whatever is taken for the execution of the trust. As regards the private Tutors themselves, I cannot but think it EVIDENCE. 13 bad for them tliat the moment they have taken their Degree, they should be considered as at Robert Lmve, Esq., once elevated to the highest intellectual eminence, and spend their whole time in teaching that ■ which they have but just and barely learnt. The tendency to narrow the riiind and generate habits of self-conceit is obvious. It also stands seriously in the way of their acouiiing much useful knowledge; though I think this in some degree compensated by the ardent desire to learn, which the habit of teaching is almost sure to produce. Young men are often at this time pressed by College debts, or otherwise in narrow circumstances, and the temptation is irresistible to labour to any extent so as to avoid these embarrassments. I have myself taken ten successive Pupils in ten successive hours, term after term, — a task neither fitting for the Tutor noi just to the Pupil. , , • , • The result of this is. that I think the system of private tuition ought to obtain a Proposed recogm- recognized place in the institutions of the University, of which it is the mainspring,— that it tion of it. oucrht to replace the inefficient system of public tuition, — that the Collegial monopoly ought to be abolished, and a free choice of a Tutor left to the Undergraduates individually. I think that the University ought to have some power over the tutorial class, so as to insure as far as possible their moral and religious fitness for the trust which they are to execute ; their intellectual fitness I would leave to be ascertained, as hitherto, by the unerring test of compe- tition. I think the number of hours ought to be limited, as well as that of Pupils, to be taken by those who are still in statu pupillari ; after that I would not attempt any such limitation. Those who were unable to pay the amount required for an hour a-day, might easily combine so as to reduce it to a sum which they could afford. I think also the absence of pupils fiom lecture ought to be made known to those to whose care they are entrusted in matters of disci- pline. To make such a system work well, the number of examinations must be increased, so that the student should never feel himself free from this stimulus; and I cannot help thinking that with such superior provision tor instruction, a little more might be required than the veiy moderate quantum which now forms the standard ot the University. Of the Professorial system, I cannot speak from experience, as during my residence in the Professorial University it was almost totally in abeyance. I have no very great hopes that it will be of ystem. much service as a means of Undergraduate education ; the only chance will be to make it subservient to the examinations, which would materially detract from its dignity and general utility. University success is in my experience rather the reward of memory than of mind, and is more likely to be secured by fixing facts and doctrines firmly in the memory, than by drawing from them remote and subtle inferences, or by establishing between them refined and logical distinctions. But the benefits of the Professorial system to those who, afier having passed their examinations, are commencing the task which every intellectual person must achieve foi himself of self-education, and for those who resort to our Universities without the purpose of taking _ degrees, cannot be overrated. The Professorships are the natural and appropriate reward of Professorships the , those who have distinguished themselves as Tutors and Examiners, and their multiplication lewar s o and efficiency would tend above all things to raise the character and promote the efficiency of the University. There is nothing more hopeless than the career of a private 3 utor at present. He has nothing to look forward to from his occupation but endless labour, leading to no result, and with much more labour and higher acquirements is not so well paid as a country school- master. I have always looked upon the Colleges as clogs to the efficiency ol the University, uhose Isdepesdext benefits they contract within their own limited circle. Without offering any opinion upon their alls. internal reform, I think that the most efficient reformation would be a reformation by compe- tition from without. I am, therefore, clearly of opinion that it ought to be the privilege of every Master of Arts of good character, who is so minded, to open a Hall in connexion with the University, subject to such general rules as may be laid down for the government of such institutions by the University authorities. I would leave it to him to provide the buildings and accommodation for the students, and I would trust to competition to lower the expenses ot living to the proper point. I am not in favour of allowing very young men to attend lectures, or belong to the University, without being attached to some College or Hall, from an apprehen- sion that it would be found impossible to subject them to efficient coercion. My view is, that the University ought to be thrown open as wide as is consistent with the due maintenance of academic discipline. . c e - I regret to see that Sanscrit, for the study of which the bequest of Colonel Boden oilers such liberal encouragement, has not been included among the subjects for a proficiency in which honours can be conferred. I must also, as a sincere well-wisher to the University, express my hope that the Physical Sciences will be brought much more prominently forward in the scheme of University education. I have seen in Australia, Oxford men placed in positions in which they had reason bitterly to regret that their costly education, while making them intimately acquainted with remote events and distant nations, had left them in utter ignorance of the laws of Nature, and placed them under immense disadvantages in that struggle with her which they had to maintain. With these remarks, I am. Sir, Your obedient servant, ROBERT LOWE. 14 OXFORD UNIVERSITY COMMISSION. Charles Dauheny, Esq., DM. Expenses. Enforcement of Study. Law on recovery of Debt. Appointment of THE V ICE-ClI.VN- CELLOR AND Proctors. Powers of the Proc- tors too ample. Veto of Proctors. University Ex- tension. ^ Answers from Charles Dauheny, D.M., Professor of Chemistry and of Botany in the University of Oxford, and Felloio of Magdalen College. Botanic Garden, Oxford. In noticing the questions submitted to me Ly Her Majesty’s Commissioners for the University of Oxford, I ouglit in the first instance to state, that as the scientific pursuits con- nected with appointments I hold in the University have at all times engrossed the chief part of my attention, the opinions T may have formed on many of the points referred to, cannot be regarded as deserving the same weight which would attach to those of persons actively engaged in the management and discipline of the University generally, or of their respective Colleges. It is, therefore, with great diffidence, that I reply to the first portion of the questions addressed to me by the Commissioners, having relation to the State, Discipline, Studies, and Revenues of the University at large, and offer the following remarks on those points connected with the subject upon which I feel myself at all competent to supply useful suggestions. 1. The possibility of diminishing the ordinary expenses of a Universty education, and of restraining extravagant habits. The problem here proposed, is indeed one of much difficulty^, the main cause of the extrava- gance too often indulged in by Junior Members of the University, being the example set them by a comparatively small number of young men of fortune, who continue at Oxford the same luxurious and expensive mode of living which they see practised at home. It would doubtless neither be just nor expedient to exclude from the advantages of an Academical education, persons of any grade of society capable of profiting by it, but on the other hand it cannot but be prejudicial to the interests of learning, to admit persons, whatever their rank may be, who are so deficient, either in education, or in abilities, as to be unable to avail themselves of the means of instruction which the University affords, and who, therefore, resort to it with other objects than those of study. I would, therefore, propose to render it obligatory on every College and Hall to dismiss, at the expiration of a certain num’oer of Terms, those of their Undergraduate Members, who shall not be found to have passed their Responsions, unless they can show that they have attendeil, during the whole period of their residence, some of the Professorial Lectures. The only other suggestion I can offer with the view of lessening expense, w’ould be to pro- cure the passing of a law, by which no tradesmen should be able to recover a debt from an U ndergraduate under the age of 23, except for what are regarded as necessaries with reference to his rank and station; it being notorious that a large proportion of the Students of this Uni- versity do not at present obtain their Degree of B.A. before the age of two or three and twenty, and that the debts contracted by them are most frequently incurred during the latter period of their residence. 2. The sufficiency of the powers wliich the authorities possess to enforce discipline. Without professing to be very familiar with the regulations for enforcing discipline in Oxford, I may state my belief, that the existing pow'ers, if duly put into execution, would be found suffi- cient for the purpose. 4. The mode of appointing the Vice-Chancellor and Proctors. I see nothing to w'hich to object, in either instance, with regard to the mode of appointing these officers. It seems natural and proper, that the Chancellor should have the right of appointing his own Deputy ; nor do I think, that either in his case, or in that of the Proctors, any practical evil has been found to result from the present custom of accepting under ordinary circumstances the senior candidate who ofi'ei’s, instead of resorting to an election from the whole number of persons eligible. Those evils of a frequently recurring popular election, which were experienced so sensibly in the case of the Proctorship, as to have led to the substitution of the present mode of appoint- ment, for that which w'as I'ormerly adopted, would reappear in an aggravated form, if the Vice- Chancellor were selected by vote of Convocation from the general body of heads of houses ; as every one acquainted with the presesnt state and temper of the University must be fully aware. Nevertheless, inasmuch as the Proctors are at present nominated by their respective Col- leges in rotation from their owm members exclusively, it would seem undesirable, that these Officers should retain those same ample privileges, with which they were invested, when, being chosen out of the general body of the University, they were sure of possessing the confidence, and of speaking the sentiments of, at least, the majority of the electors. In two recent instances, the extraordinary power possessed by the Proctors of nullifying the proceedings of Convocation, by interposing their joint veto to its decisions, has been put forth by them in direct opposition to the sense of the majority, instead of being exercised, as was intended, in vindication of the rights of that body. G. The means of extending the benefits of the University to a larger number of Students, — (1.) By the establishment of new Halls, whether as independent societies, or in connexion with Colleges. (2.) By permitting Undergraduates to lodge in private houses more generally than at present. (3.) By allowing Students to become Members of the University, and to be educated in Oxford, under the superintendence, but without subjecting them to the expenses incident to connexion with a College or Hall. (4.) By admitting persons to Professorial Lectures, and authorizing the Professors to grant certi- ficates of attendance, without requiring any further connexion with the University. * For Dr. Daubeny’s Professorial Evidence, see Part II., p. 267. EVIDENCE. 15 T ought not to reply to this question, without correcting, in the first instance, two errors, which seem to be implied by the heads 3 and 4, included under it. It there seems to be assumed, first, that the connexion with a College or Hall is necessarily a source of expense to a Student ; and secondly, that no person can attend the Professorial Lectures, without being a Member of the University. Neither of these propositions can be admitted as correct. A connexion with a College limits the necessary expenses of a student within a smaller sum than would otherwise be the case; and most of the public lectures are perfectly open to every townsman or stranger, on the same terms as those on which Members of the University them- selves attend them. Doubtless, however. It would be desirable to admit a larger number of Students than can be at present received under the actual regulations, and with this intent I should, under existing circumstances, wish to see removed the regulation enforced on Undergraduates, of residing for the first three years within the walls of some College or Hall, not disputing the desirableness that all who apply for admission to the University, should be so accommodated, but at the same time, conceiving it better, that such as cannot, should nevertheless receive the benefits of an academical education, even under these circumstances, rather than be excluded from them altogether. This choice of diflficulties might, however, be removed, if a sufficient number of new Halls were to be established in connexion with one or other of the Colleges ; and, if I am inclined to look favourably on such a measure, it is rather with the view of increasing the University, so as to meet the increase of population, than under an expectation that the expenses in these establishments would be reduced below those of a well-conducted College, where the existing endowments would seem to afford better means of economising the necessary expenses ot their inmates, than would be possessed in an unendowed Hall. 7. The expediency of an examination previous to matriculation ; of diminishing the length of time required for the first Degree ; of rendering the higher Degrees real tests of merit ; ot so regulating the studies of the University, as to render them at some period of the course more directly subservient to the future pursuits of the Student. I strongly recommend, that the University should impose a preliminary examination upon all candidates for matriculation. I can conceive nothing better calculated to improve the pre- paratory schools, to raise the general standard of education in the University, and to amend the tone and morals of the place; as it would prevent those young men from gaining admission, who, not being themselves fitted for the appropriate pursuits of the place, interfere by their presence and example with the studies of those who are. On the other hand, I should not think it desirable to shorten the length of time required for the first Degree, nor does it appear to me expedient that the studies directly subservient to the future profession of the Student should commence before he has attained it. How far it would be practicable to render the Degrees in Divinity real tests of merit I am unable to say, but the Faculty of Law at least miglit be placed with advantage on the same footing as that of Medicine, in which the Degree of Bachelor has for some years past only been conferred after a strict examination. With regard to the Degree of M.A., I see great difficulties in rendering it anything more than a Certificate of a certain Academical standing, as it is at present ; but I conceive that some addition to the amount of residence now exacted would be advisable, with the view’ of securing an attendance on certain of the Courses of Professorial Lectures. 8. The expediency of combining the Professorial with the Tutorial system ; of rendering the Professorial foundations more available for the instruction of Undergraduates generally ; of increasing the number and endowments of Professorships ; of providing retiring pensions for Professors. Undoubtedly if the system which has recently obtained the sanction of the University is to be carried out, ari’angements must be made in the respective Colleges for giving catechetical lectures on the subjects treated of by the Professors. It never can be expected that a mere attendance on the Professorial Lectures will quality the Student, generally speaking, to gain distinctions in the newly-created Schools, or even to pass a common examination in any one of them. Much likewise is required for rendering the Professorial Foundations more available for the instruction of Undergraduates generally. Amongst the first requisites are new Lecture-rooms, Apartments for Apparatus and illus- trative Specimens, an Observatory under the superintendence of the Professor ot Astronomy, in w’hich Pupils might learn the use of the Instruments, and a Laboratory, w'here they might be instructed in the Manipulations of Chemistry. Nor can it be doubted that the University would be a gainer in reputation and efficiency, were each Professor allowed such a compe- tency as should enable and justify the University in requiring him to devote his whole time to the duties of his office, instead of seeking to supply the deficiency of means by other occupa- tions. 9. The most eligible mode of appointing Professors, and the effect of existing limitations or disqualifications upon the appointment of Professors. It strikes me that the limitation of certain of the Professorships connected with Physical Science to the Members of the Medical Profession, as, owing to the regulations of the Founda- tion, has been the case with that of Botany, and as it would seem with that of Chemistry, by custom (since there has hitherto been no instance of any other than a Medical Graduate occu- pying that Chair), is injudicious, especially considering the smallness of the irrespective endow- ments. Charles Daubeny, Esq., D.M. New Halls in con- nexion with Colleges. Matricucatiox Examinatiox. Professioxal Studies. Higher Df.grees. Professorial Syste-w. Present defects. Restrictions os Professorsiiii’s. 16 OXFORD UNIVERSITY COMMISSION. Charles Dauheny, Esq., D.M. On Professorships of Physical Science. On the appoint- ment of the Keeper of the Ashmolean Museum. Suggestions for their removal. Ge>ti.eman-Com- MOXERS. Adequacy or the PRESENT MEANS OP Instruction. Hodley’s Library. I’he number of Physicians educated at Oxford is never large, and amongst them few com- paratively entertain that strong predilection for science, which should induce them to forego for its sake their prospects of Professional emolument. Hence it so often happens tliat these Chairs are held by persons actively engaged in Medical Practice. It would seem, therefore, preferable that all the Professorships, excepting those of Law, Medicine, and Divinity, should be thrown open generally to Graduates; and even that in the event of no fit candidate presenting himself, persons not connected with the University should be invited to stand. It may not be irrevelant hero to allude to the Keepership of the Ashmolean Museum, as an illustration of the evils arising from the injudicious limitation of the terms of admission to a small number of persons. By a lucky accident indeed the office has of late been filled successively by two members of the same family, who have deserved the warmest praise for their exertions and liberality in the cause of Natural History. But previously to their appointment the Museum had fallen into great neglect, and even many of its valuable contents, placed there more than a century before, had perished through ignorance and want of care. That this should be the case will not be a matter of surprise, when it is considered that the Curator of the Museum, in order to be entitled to receive the only salary attached to the office, namely, that bequeathed by Dr. Rawlinson, must neither be a clergyman, nor a married man; must possess no higher Degree than that of M.A. or B.C.L. ; must not be a Fellow of the Royal Society, nor yet one of the Society of Antiquaries ! Accordingly all those Members of the University who come under any of the above cate- gories are at present virtually excluded. I hope it will not be impertinent for me here to suggest, that in this instance these injuiious restrictions might be removed without injustice or loss to any one, if the Society of St. John s College, whose funds are charged with the payment of the above legacy, would let it be under- stoodj that in future they would be willing to endow the Curatorship to the same amount as that which Dr. Rawlinson’s Will prescribes, provided the individual appointed by the Univer- sity, although not able to claim the salary under the conditions of the Will, was one whom thev, in consideration of his character and attainments, shall approve. If something of this kind is not done, it may be feared that the Museum may hereafter relapse into the same condition from which it has been rescued by the public spirit of the present and the late Curator. 11. The propriety of abolishing the distinctions between Compounders and ordinary Graduates; between Noblemen, Gentleman-Commoners, and other Students ; and also the distinctions made with respeet to Parentage at Matriculation. The only one of the changes here alluded to which I consider important would be the abo- lition of the name and privileges of Gentleman-Commoners, which exert, as I conceive, a veiy injurious influence upon the young men who assume them, as well as upon the Univeisity gerie- rally, as this class may be regarded, taken collectively, the worst educated portion of the Undergraduates, and at the same time the one least inclined for study. ... If the qualification were even that of rank or station something might be said in its defence, but it is notoriously only that of wealth ; and it it be alleged in its behalf, that its existence tends to set up a wholesome line of separation between those who can afford to incmlge in expensive luxuries and those who cannot, and thus to diminish the chance of rivalry between the two, with respect to their habits of living; it may be replied, that in the larger and more aristocratical Colleges it fails in effecting this, now that so many wealthy parents are wise enough to enrol their sons in them merely as Commoners, whilst it might be expected that if the Class of Gentleman-Commoners were abolished, there would be then no inducement for men of fortune to resort elsewhere, excepting it were to secure the advantages of superior or more careful discipline; and hence that the remaining Societies would either consist w o y of youths of moderate means, or that, if they contained an intermixture of young men of w'ealth, the latter would consist of such as were studious in their habits and disinclined to extravagance. . • i i u * Hence in the University generally a much more effectual line of separation would be set up between that class of young men who commonly enter as Gentleman-Cornmoners and the rest than exists at present, as the two would be placed for the most part in different Colleges, instead of occupying different grades in the same. 13. The capability of Colleges and Halls, as at present constituted, to furnish adequate instruction in the subjects now studied, and in those introduced by the recent Examination Statute. I see no reason to doubt that in all the larger Colleges persons can, or at least will shoitly be found competent to aid the Professors in providing adequate instruction on all the subjects embraced witliin our present scheme of study. With regard to the smaller Colleges and Halls, it may perhaps be found necessary that two or more should unite together in engaging a tutor for some ot the subjects of recent intro- duction, who should catechise the members of their respective Societies in them conjointly. 15. The means of rendering Bodley’s Library more generally useful than at present. Judo-ing from such experience as I possess of other libraries abroad or in this country, I shoukf infer that greater facilities are afforded at the Bodleian for those who consult it than exist in most establishments ot a similar description. EVIDENCE. 17 The only improvement in its arrangements that occurs to me is the establishment of a read- ing-room in connexion Avith, but detached from, the Library, which should be open during certain liours of the evening. To this I should propose that books consulted in the morning miglit, at the wish of tlie Student, be transferred, witli the view of accommodating persons whose engagements give them little time to frequent the Library by day, and also those whose literary labours are of a nature to require the devotion of more hours of the day than those during which the Library itself is open to the public. This arrangement would indeed involve the necessity of an additional sub-librarian, but the accommodation afforded would more than compensate for that expense. The reading-room itself might serve as an Auctarium to the Library. Evidence of N. W. Senior, Esq., M.A., Professor of Political Economy, and late Fellow of Magdalen College, Oxford.^ I believe you were one of the gentlemen who some time back waited upon Lord John Russell to pray for the issuing of a University Commission. What were the objects for which you took that step ? I thought then, and 1 think noAV, that many important alterations ought to be made which require the assistance of Parliament, and that Parliament Avould require information, which the Commission could best elicit, in order to justify and guide Parliamentary inter- ference. The most obvious subject of Parliamentary interference is the throwing open of close foundations. Even supposing that we are now bound in any respect by the wishes of founders, we cannot be bound to obey their Avills when formed under circumstances Avhich have since changed. When William of Waynflete directed that three of his fellows should be born in Berkshire, he intended to provide for three Berkshire men. At present the accident of birth does not imply much real relation to the county of birth : though 1 Avas a Berkshire felloAV I never resided in Berkshire after I was six months old, and probably such Avill be found to be generally the case. Fcav persons haA’e any real connection Avith the place Avhere they happen to have been born. London, using that Avord to express the bills of mortality, probably noAv contains about half as many persons as all England contained in the time of William of Waynflete; but as it then contained at the outside 100,000 persons, he allotted to it only one felloAvship. Again : the British colonies noAV contain a larger British population than all England contained 500 years ago ; but there are very feAv colleges in Avhich persons born out of England are eligible, so that not only the colonies but even Ireland and Scotland are generally excluded ; so are the vast numlaer of persons Avho are born Avhile their mothers are abroad, though English subjects by laAV for every other purpjose. Close foundations of course, in proportion as they are close, prevent or diminish competi- tion. If confined, as they sometimes are, Avithin very narroAV limits, they become a sort of perpetual entail in favour of particular families, in defiance of the ])rinciple of English laAV that perpetuities are abhorred. We have just refused at Magdalen College an endowment of 20,000/., AA'hich the testator proposed to confine to his kindred in the first instance, and then to the county of Stafford. It is notorious that the founder’s kin at Winchester have been the least distinguished boys in the school. This is indi- cated by the common Winchester proverb, “ as thick as a founder.” I heard the other day of three members of one family, entitled under a close foundation, being plucked Avithin a few years. For the purposes of education and literature such foundations are often useless, and even Averse than useless, as they introduce mischievous elements into the government of the university and of colleges. Another evil which also Parliament can remedy is the selection of heads of houses. They are generally taken from those who are or have been fellows of the college. When taken from those Avho have been felloAvs, the incumbent of a valuable college living is frequently chosen, as tAvo persons unite their influence for that purpose, the incumbent and the person Avho according to the habits of the college is entitled to succeed him. When an actual felloAv is chosen, it is frequently a man Avho has passed an idle Oxford life, and become familiar therefore Avith all the fellows, or has been an active useful bursar, and is supposed likely therefore to manage Avell the college revenues, or is recommended by sym- pathising in the doctrinal or political opinions of the majority, or simply by an easy temper. I am inclined to think that the peculiar qualities Avhich fit a man to preside over ?, place of education have seldom much influence ; the selection is made from a very narroAV circle, and even in that \'ery circle the best, or even the second best, man is seldom chosen. In whose hands would you place the power of selection ? I Avould give it to the Crown under the advice of the Prime Minister. The Executive is perhaps not a remarkably good distributor of small patronage, nor are the heads of departments perhaps abvays the Lest distributors of considerable patronage ; but im- portant patronage, Avhen exercised by so conspicuous a person as the Prime Minister, cannot noAV be given except on public grounds. We are not likely to have any adminis- tration strong enough to be able to afford' to make obviously bad appointments. I believe * This Evidence was taken orally before the Commissioners, in consideration of the circumstance that Mr. Senior was on the point of leaving England for a lengthened period, and that the questions of the Com- mission had at that time not been prepared. 3 D Charles Daiibc.ny, Esq., jD.il/. Reading-room. N. W. Senior, Esq., M.A. Need of a Com- mission OF Inquiry. Removal of re- strictions ON Election to Fellowships. Appointment of He.vds of Houses. Reasons for pre- ferring THE patronage of the Crown. 18 OXFORD UNIVERSITY COMMISSION. JV. W. Senior, Esq., M.A. Constitution of Magdalen College. Elections by favour. Value of Magdalen Fellowships. Clerical IIestric- TIONS. Their effect. that few selections would he more scrutinized than those of heads of houses : the Prime Minister would never venture, and very seldom avouIcI wish, to a]>point any one whom he did not believe to be fit, and even peculiarly fit. 1 should wish the choice to embrace not only the whole of one, but even of both Universities. I should not be sorry to see soiTietiincs a person well accjuainted with the habits of Cambridg-e appointed to an Oxford headship, and vice versa ; such an appointment would not take place unless justified by peculiar merit. Do you consider that the heads of Christ Church, Oxford, and Trinity, Cambridge, have on the whole * been superior men ? I believe that they have ; but it must be recollected that in the first place the fieldfof selection has been practically narrower than the one which I propose. The Deans of Christ Church have, I believe, always been selected from those who are or have been students. The Masters' of Trinity have usually been Trinity men. Those heads of halls in Oxford who are appointed by the Chancellor have generally been superior to an equal number of the heads of houses elected by the fellows, though the office is one of much less emolu- ment. What was the amount of education given at Magdalen College when you were an undergraduate.? As far as I recollect the average number of undergraduates was about 12; seven or eio-ht demies, and three or four gentlemen commoners. The founder made no provision for commoners. He wished to educate only 30 demies, and I believe 20 persons of rank. By the statutes he does not appear to have contemplated the succession of demies to fellowships, or their continuance in College after their 25th year, though there is a tradi- tion in the College that the present practice existed during his lifetime. In the case of demyships has nomination by individuals in any degree superseded the statutory mode of election? I believe that it has, but I never was an elector. As far as I recollect, the "rery best candidate generally came in, and the very worst was excluded, but between these two extremes two or three may have come in inferior to some who were rejected. Meiit, there- fore, thouo-h not the sole element in the election, ivas an important one. 1 heard, lor instance, that, at the election at which I came in, the two who were supposed to be the best candidates out of 57 received the first two nominations. Is it regarded as a legitimate exercise of patronage to appoint friends and relatives 1 I can speak only as to the practice 40 years ago. At that time a very bad candidate would not have been admitted, and I do not think that a pre-eminently good one would have been rejected, but the son of a friend may often have been preferred to a candidate slightly his superior. What was the value of your fellowship? I was a fellow from 1811 to 1821. I think that the largest amount I received in any one year was 250k, having been elected immediately after taking my B.A. degree, and therefore belonging to the lowest class of fellows. Do you know the value of the senior fellowships? I never resided as fellow: I think there was a rumour that they were worth 400k or 500k, but I never attended an audit or looked into the College accounts, probably never entered the Bursary. What restrictions as to professions are there in the fellowships of Magdalen ? Out of the 40 felloAvs three are supposed to profess the Civil Law, and three to profess Medicine. I do not believe that we have had a practising civilian, except hir Christopher Robinson, or a practising Physician. They are merely lay sinecui;es as lar as instruction is concerned ; though men holding them have been eminent at the bar, or as University Professors. Do you conceive that the great preponderance of the clerical element is beneficial to the College or University ? I think that bribing men by a fellowship to take orders must often be injurious ; it must introduce into the Church many unfit persons, and may exclude from lay professions very fit persons ; it has a tendency to give to the studies of the place a stronger theo- loo-ical character than is perhaps desirable, and to make the theology ivliich is now studied more controversial that it was in my time, or perhaps ought to be. As far as I can per- ceive, disputed doctrinal points now attract an undue proportion of the attention ot the vouiiff men : the deficiency of young men of great promise in public life is marked and increasing, and I suspect that it may in some degree be owing to the diversion of many of the most inquiring minds towards theological controversy, instead of their being directed to subjects connected with active life. EVIDENCE. 19 Expenses. Parents. Legislation. Anstm^ from the Rev. H. L. Mansel, M.A., Fellow, Tutor, and Dean of Arts, of Rev. h. l Mangel, St. John’s College, Oxford. Gentlemen, . . „ r\ e ^ n I HAVE to acknowledge the receipt of two communications from the Oxford Umveisity Commission, bearing date the 18th of November and the 8th of December last. 1 ressing engagements have prevented me from paying earlier attention to the matter contained in them. With regard to the former of these papers, which confines itself to questions of opinion on existino- institutions or proposed changes, I shall endeavour in the following remarks to state my views on such portions of the contents as have at any time been matters of consideration with me. If I neglect any portions of the questions suggested, it is only because on those par- ticular points I have nothing to communicate worthy of the attention of the Commission. As regards the restraining of extravagant habits, I have long been of opinion that the mam remedy must come from without, not from within the University. The necessary o Cg,e expenses are in most cases too moderate to admit of material reduction. At any rate, w a little could be done in this respect would not meet the evil principally complained of, .he system of long credit and the liabilites contracted beyond the walls of the College. respect, I believe College or University regulations can effect very little. Whde vigorous competition among tradesmen for the custom of Members of the University, the otter of long credit is one of the most natural and obvious means of securing customers, and can hardly be wondered at or censured in tradesmen under the pressure of competition. 1 he risk of occasional bad debts is compensated bv the power of outbidding a rival. I do not think this can be stopped by College regulations'. In the first place, unless all tradesmen consent to obey the College rules, those who refuse will carry off the chief custom of the extravagant class of men. In the second place, nothing is easier than for tradesmen who apparently comply, to have one book for the College and another for the Undergraduate customer. Some time ago, an attempt was made in my own College to appoint a body of College tiadesmen, Mit i w lom every member was recommended to deal, and who pledged themselves to sen in t leir accounts twice every year, and, if not paid within the ensuing term, to communicate wit t t le authorities of the College. The plan did not answer, and was ultimately discontinued, chiefly because the tradesmen complained that they lost custom by it. Individual parents migit no doubt do much in conjunction with the College authorities, by way of rtioral influence; but while the world contains the average amount of foolish parents and ill-traine c n 1 1 en, have no sanguine hopes of very general co-operation from that quarter. I be leve t lat itt e more can be done than is done already, unless by a stringent legislative enactment regulating the relations of tradesmen with persons in statu pupillari. How far such an enactment would be an unjustifiable or impolitic interference with the liberty ol commerce o not pretend to say. If the means proposed appear extravagant, it is merely because the end is not very reasonable. When the problem is given to collect on the same spot fiom^ , ^ o 1,500 young men, of all degrees of natural endowment and all sorts of previous training, with not a single fool among them, it is not easy to suggest mild or moderate methoc so so ution. But I fear that the public in general, in estimating the performances of the Universities, makes no allowance for foolage. , _ • 1 1 • u . f I do not think that any great scheme of University extension is practicable in the piesent day. The whole current of society appears to be setting in an opposite direction. In an age of great competition of all trades and professions, few parents will send a son to spend three years at the University in the general enlargement of his mind, when he might be concentrating his faculties on his own business in the office, the counting-house, or the suigery. It gives ns competitors .too great a start in the race of life. Nor would this be in any great degree obviated by making University education more professional. The University must undertake to supply all the technical details of each special apprenticeship, or she will be nnable to compete with any as a training school for money-making. Such a teaching of technicalities is not desirable, and what is more to the purpose, it is not practicable ; the working part ot every business will be best learned on the spot where it is exercised. Even as regar s t eo- retical study, I believe that the minute cultivation of special departments of knowledge is as incompatible with the local grouping of all on the same spot, as with the possession ol universal information by a single mind. A study, to be cultivated with real zeal, must be the study ot the place. Each separate branch tends in its progress to acquire, not merely its own special devotees, but its own special locality. If the whole tendency of the age is to education as a means of earning a living ; if, relatively to that purpose, practical experience is everyt img, an if centralization of all branches of knowledge is not the best means of gaining practica experience in one only, general U niversity extension is in this respect a backward not a oi wai step ; and the amiable enthusiasm which dwells fondly on the memory of 30,000 students m the days of Henry III., must rank with the mediaeval dilettanteism which sighs for the bygone days of hobbyhorses and Abbots of Unreason. The Church is about the only profession to which the above remarks do not apply ; partly because clerical duties are not, like those of other professions, a direct means of pecuniaiy co™ petition, and partly because the canonical period fixed for ordination prevents the stiugg e oi an early start in the race of life. And it must be allowed that the tendency of late yeais las been to make the Universities, in an educational point of view, chiefly a training sc clergymen or for men of fortune who need no profession. In this respect the amount o ni versity extension will be in a great degree regulated by the relations of supply ernan oi labour in one particular department. And this has always appeared to me to be tieweat. point in the demand so frequently heard of late of very cheap education for^very pool men. The question is frequently argued as if the B.A. degree were the end of a man s natural, as it generally is of his academical, life. Were this the case, it might be a worthy object^ol eveiy University EXTENSION. The University a training school for the clergy. Poor Scholars ; 20 OXFORD UNIVERSITY COMMISSION. Bev, H. L. Munsd, M.A. their after fate. Marked difference between English and German Uni- versities. True use of Uni- versities, and of the Profes- sorial system. implies a body of men profoundly skilled in their several depart- ments. Mr. Price’s Pam- phlet. exertion to secure for him such a glorious euthanasia. But the further question remains, w'hat can you do with your man when you have educated him ? Is it real charity to fit him for one walk only in life, to give him much general cultivation of mind, but little special means of bread-making ; to turn him out too poor to associate with his equals in culture, too cultivated to associate with his equals in purse? Will Church Extension meet the supply? and are very poor Curates the most desirable or the only practicable means of Church Extension? Or is it expedient or practicable to introduce, as is largely the case in Germany, a body of family tutorships as a provision for poor scholars; in other words, to combine on a large scale the education of a gentleman with the condition of a servant ? And will not the victim occasionally wish that dignity had been sacrificed to comfort, and that he had been sent behind the counter? These and many similar questions may be asked, and perhaps satis- factorily answered ; but it is at least desirable that the dark as well as the bright side of academical ptochogony should be fully considered. With these views, I do not think that any of the four schemes of extension suggested under your sixth question would be efficient in materially increasing the number of students. Indeed, considering the relative cost of College rooms and lodgings (the rooms in St. John’s rent at from 6Z. to 8Z. a-year), Ido not quite understand the meaning of the expression “ without subjecting them to the expenses incident to connexion with a College or Hall.” I have no great faith in any of those projects of reform which proceed on the principle of making the Universities the direct instructors of the great body of the nation. That state of things has gone by, and the whole political and social requirements of the country are opposed to its restoration. In this respect it is unfair to draw comparisons between England and Germany. German Universities enjoy a monopoly in almost every branch of education. Every lawyer, every medical man, every clerk in a Government office is licensed to his post by University certificate. The parallel therefore is not between the respective Universities alone, but between a single University abroad and a combination of the English Universities, the Inns of Court, the Colleges of Physicians and Surgeons, and the whole political department. If it is not expedient to give a monopoly of this extent to the English Universities, we must be content to do in five or six places what our neighbours do in one. The question is merely one of the ex pediency of a compulsory centralization of all professions on the same spot. I do not therefore think that much benefit will accrue from an attempt to increase largely the number of students, or to concentrate many branches of sttidy within the precincts of the University. But, in another point of view, I believe that the Universities may be made the means of supplying an element much needed in this country, the greater encouragement of unproductive thinking, of speculation that is not directly applied to the invention or improvement of material comforts. This is a point which may be advantageously considered in connexion with the eighth question on the professorial system. I do not think professorial teaching to be the best means of instruction in the rudiments of any subject, not even ol speculative philo- sophy. As far as my personal experience of teaching goes, I do not believe that a tyro is likely to be vvell grounded in any branch of study by being talked at in large classes. What he can be made to do for himself is in this respect far more valuable than what is done for him. A system making professors the responsible teachers of the whole University (responsible, that is, for the testamur of their pupils), and enforcing compulsory attendance on lecture of students of every calibre, would postulate its own failure; it would condemn the lecturer to a weari- some round of rudiments ; it would force him to adapt his instructions to the minimum of intellect and learning among his audience ; it would make him only a tutor on a larger, and therefore a less efficient scale. But, leaving the elementary instruction where it is, I can conceive no greater boon to the universities, and, through them, to the whole country, than such a professorial system as would enable a competent man to devote himself thoroughly to philosophical study, without feeling that he was ruining his prospects in life. As matters stand at present, no intellectual power will pay, unless it can bring forth marketable pro- ductions. Unproductive thinking, to he prosecuted with success, must be endowed. The tutor has to eke out a living by teaching in elements ; he has neither the leisure nor the inducement to be wise much above his pupils ; he must look principally to the requisitions ol the schools. But the professor, less hampered by the painful duty ol cutting blocks with a razor, might and ought to he on a level with the whole thinking of Europe in his own depart- ment. It is only by bringing the minds of different nations to bear upon the same subjects that the errors of a one-sided philosophy can be effectually tested and eradicated. Immense good might be done by such an institution as should enable English thinkers to grapple with the prominent questions of modern German speculation. But such a task is “ Magnas mentis opus, nec de lodice paranda Attonitae." The professor must not have to eke out his living hy private pupils, nor to cast about for support when his period of office terminates. His professorship must not therefore be limited in its duration, nor paltry in its emolument. I am happy to find the opinions which I have long held on this subject advocated in the recent able pamphlet of Mr. Bonamy Price. With the author’s general view I am disposed fully to concur. One or two exceptions I think it right to mention. Mr. Price, by confining the labours of college tutors exclusively to the first two years and to the scholarship portion of study, appears to me to throw upon the professors too much of the elementary teaching of the scientific department. This, as I have already observed, is a bar to the value of their labours in a higher scale of philosophy. Mr. Price, by compelling the attendance ot all undergraduates on professorial lectures, compels the professor either to be unintelligible to a portion ot his class, or to lecture down to EVIDENCE. 21 the level of the stupidest man in it. I should be disposed to limit the necessary attendance to Rev. H. L. Mansel, the candidates for honours. . M.A . With these exceptions, the view which the author takes of the nature of tutorial and pro- fessorial duties and their relation to each other, appears to me remarkably just and valuable. I shall only trespass on your attention with reference to one other question— the system of Private Tuition. private tuition, and its effects on the University studies. As I believe that the education of the University can only be fully efficient when adapted to the wants of individual minds, I consider the private tutor to be a valuable element in t le system. If the University were to forbid all private tuition, she vvould be compelled either considerably to lower the standard of the examinations, or to appoint some analogous body of instructors from her own resources. The advantage of the private tutor system, as it now ts a van ages. exists, are these : — _ • i„i r i It invests a certain amount of loose private capital in the cause of education ; it enables an usetul body of teachers, whom the University cannot pay from her own resources, to pay themselves. It enables some of the most deserving among the junior members of the University to repay, by means of pupils, the expenses of their own education. _ _ It retains within the University many able men whom it is not possible immediately to supply with official duties. i • i It contributes to the efficient preparation of competing students, and consequently raises the general character of intellectual competition. It assists in the mental discipline of each student, by making him more inquiring, and less passively recipient. It relieves the necessarily dogmatic character of instruction conveyed to large classes at once. Against these advantages, the only objection that can be urged on the other side is, that it is expense, entails a certain additional expense on individual pupils. This, however, is not an evil of such an extent as to counterbalance the benefits. At Oxford the majority of pupils do not read with a private tutor for more than a single year; and, in many cases, the expense of this is far more than repaid by the same pupils becoming tutors in their turn. But in legislating with a view to promote the intellectual vigour of the University in the present day, it would be a ereat mistake to give too much weight to eleemosynary considerations. In an age of mental activity, and w'hen education is sufficiently prized to be worth investing money in, a purely charitable education, like most other things given away in charity, will not usually be the best of its kind. If it is desirable to retain within the University teachers of sufficient ability to find employment for their talents elsewhere, it will be almost as great an error to adapt the character of the education to the lowest possible purse as to the lowest possible intellect both being the misfortune, and not the fault, of their respective possessors. The most efficient system will be one which combines the private tutor, the college tutor, and the professor ; holding out, at the same time, sufficient prospects to able men of advancing from the lower offices to the higher; for, whatever may be made of the last of these three posts, the two former can hardly be said to hold out sufficient temptations to induce many men to devote the best years of their life to the discharge of their duties. I have the honour to be. Gentlemen, Your obedient servant, H. L. MANSEL, M.A. Answers from the Rev. R. Walker, M.A., Reader in Experimental Philosophy . Rev. My Lord and Gentlemen, Wadham Coli.ege, Oxford, December 17, 1850. I HEREWITH transmit my answers to your questions as tar as I feel competent to answer. I have left blanks to those which I could not well reply to, or to which I could say nothing which seemed in the least important. For brevity’s sake, I have replied in a somewhat authoritative style, perhaps more so than is becoming, but I trust that you will excuse any apparent boldness. 1 have desired to give you every information in my power, and it will be my pleasure to answer any further interrogatories either orally or in writing as you may think most to the interest of the University and to the furtherance of the object of your Commission. I have the honour to be. My Lord and Gentlemen Your obedient humble servant. The Lord Bishop of Norwich and the ROBERT WALKER, University Commissioners. Reader in Experimental Philosophy . 1. The possibility of diminishing the ordinary expense of a University education, and of restraining Expenses. extravagant habits. _ ^ • • • u i, 1. If by ordinary is meant necessary expense, it would be difficult to diminish the necessary expenses of an University Education, unless the whole character is changed. The necessary expenses at Bishop Hatfield’s Hall at Durham are not very materially less than in a w’ell- regulated College in Oxford. With regard to restraining extravagant habits, the real causes of the extravagance are the state of society in general, and the weakness of parents, who wish their sons to be like other * For Mr. Walker’s Evidence as Professor, see Part II., p. 284; for his Evidence as Public Examiner, see Part III., p. 291. 22 OXFORD UNIVERSITY COMMISSION. Rev. R. Wdllter, M.A. Legislative interference. Constitution. Convocation. Board of Heads of Houses. Proctors. University Extension- Public Examination at M.V rRlCULATION. Professional Studies, j Professorial System. Mr. Liiton’s Pam- phlet. Poverty of Pro- fessors. Retiring Pensions. Distinction of rank and WEALTH. young men. I liave thought and talked much on this subject, and the only method for doing good which I can conceive is to put a stop to the system of credit altogether, if possible. If an Act of Parliament could declare that no bill whatever could be recovered from an Under- graduate, it would do something; but the Act must declare that not even a hill for necessaries can be sued for, or else a jury of tradesmen would (as they do now) take a very wide range for a young man’s necessities. 3. The power of the University to make, repeal, or alter statutes. 3. It is not desirable, in my opinion, to assimilate Convocation to a House of Parliament, and to give it power to move amendments, or to bring in new statutes ; but it ought to have the power of appointing Committees or Delegacies out of its own body for this purpose. The Board of Heads of Houses has too much upon its hands, and it is naturally slow, and unwilling to propose needful changes. It would not do much good merely to introduce into this Board a few Professors or Masters of Arts; the Board is already too numerous for the despatch of business. 4. The mode of appointing the Vice-Chancellor and Proctors. 4. The cvcle of Proctors requires great alteration. 5. The government of the University and its relation to the Colleges, as finally established by the statutes of Archbishop Laud. 5. This is partly answered in No. 3. 6. The means of extending the benefits of the University to a larger number of students, (1.) By the establishment of new Halls, whether as independent societies, or in connexion with Colleges ; 6. (1.) The establishment of Halls in connexion with the Colleges would be very advan- tageous, and might be readily accomplished. 4'he Members of such a Hall could have the benefit of College Lectures, College Dining-hall, Chapel, &c., together with the superintend- ence of a resident Governor, who might be a College Tutor or Officer. (2.) By permitting Undergraduates to lodge in private houses more generally than at present ; (2.) Lodging in private houses is more expensive than residing within the walls of a College. (3») By allowing students to become members of the University, and to be educated in Ox.ord under due superintendence, but without subjecting them to the expenses incident to connexion with a College or Hall. (3.) I fear that this plan would not answer the desired end. (^4.) By admitting persons to Professorial lectures, and authorising the Professors to grant certificates of attendance, without requiring any further connexion with the University. (4.) The only difficulty of admitting persons to Professorial Lectures who are not connected otherwise with the University, is that such persons would not be under University discipline, and would so cause great inconvenience. Our present discipline is productive of great good. I do not see what value the Professorial Certificate would be by itself, without any Degree or other distinction. I believe that many Professors now admit any one, properly introduced {i. e., so as to insure respectability and a desire to profit), even without payment of fee. I have done so in many cases. _ .... .r- -j 7. The expediency of an Examination previous to Matriculation ; of diminishing the length oi time requu ed for the first Degree ; of rendering the higher Degrees real tests of merit; of so regulating the studies of the University as to render them at some period of the course more directly subservient to the future pursuits of the student. 7. The only sure method of raising the standard of University Education would be to insti- tute a strict public Examination at Matriculation. Young men come up badly taught, and College Lectures, and so also the Public Examinations, are brought down to the level of the inferior men. Such an Examination might press hard upon some few, but admission at some Hall might be devised for those who are above the usual age, without this ordeal. ^ The length of time for the first Degree might be diminished slightly, by requiring a longer residence in each year, but the time is not too long tor those who seek distinction. It is an advantage in our present system that our future Statesmen, Lawyers, Clergymen, &c., are all trained alike. A separation into professions before the age of 21 would narrow the mind and increase class distinctions. , -d r • i 8. The expediency of combining the Professorial with the Tutorial system; of rendering the Professorial foundations more available for the instruction of Undergraduates generally; of increasing the number and endowments of Professorships ; of providing retiring pensions for Professors. ^ i i a 8. The Professorial system ought to be combined with the Tutorial, and it might be. At present, the Tutors have usurped the functions of the Professors, and throw impediments in the way of those who wish to attend Professors’ Lectures. A Tutor might recommend his Pupils to attend a Professor, and see that he profits by the Lectures. On this point see many excel- lent remarks in Mr. Litton’s Pamphlet on University Reform. Many of our present Professorships and Readerships are so poorly endowed that they do not afford a decent maintenance; hence some other source of income must be sought, and the attention of the Professor is diverted from his subject. Retiring Pensions would be a benefit to the University and to science in general. 9. The most eligible mode of appointing Professors ; and the effect of existing limitations or disqualifications upon the appointment of Professors. » i • i • • 9. The first part of this question is difficult to answer. An election by Convocation is not always the best. . . As to the second part, the limitations of the Anglo-Saxon Professorship are not good; but it may be desirable that some should be held for a limited period, as, for instance, that of Poetry and that of Political Economy. 11. The propriety of abolishing the distinctions between Compounders and ordinary Graduates; between Noblemen, Gentleman-Commoners, and other students ; and also the distinctions made with respect to Parentage at Matriculation. _ 11. The distinction of Grand Compounder is unjust, oppressive, and absurd. Ihe dis- EVIDENCE, 23 tinctions of Noblemen, Gentleman-Commoners, &c., have advantages, and they are optional in a threat deo-ree. The distinctions of Parentage at Matriculation ought to be modihed. 13. The capability of Colleges and Halls, as at present constituted, to_ furnish adequate instruction in the subjects now studied, and in those introduced by the recent Examinatira Statute. 13. Colleges and Halls, as at present constituted, are fully capable ot iurnishing adequate instruction, if they would combine Professorial instruction. (See No. 8.) 14. The system of Private Tuition, and its effect both on Tutors and Pupils. _ u 1 i 14. Private Tuition, when it takes, as it commonly now does, the fom of cramming, &non\a be discouraged. If College Tutors were less of Professors, Private Tutors would not be so necessary : in some cases they will be always wanted. 15. the means of rendering Bodley’s Library more generally usehil than at present. 15. Bodley’s Library is almost useless a,t present to Tutors. Some plan for borrowing books would be a general benefit. ^ i r /•'. *■ 16 The propriet^f laying periodical Statements of the University Accounts before Convocation 16. It would be a great satisfaction to Convocation, and would relieve the charges at present attaching to the authorities, if a periodical statement of accounts could be submitted to proper inspection. Rev. R. Walker, M.A. Present means OF Instruction. Private Tuition. Bodley’s Library. University Accounts. Answers from the Rev. J. D. Collis, M.A., Head Master of the Grammar School of King Edward VI., Bromsgrove, Worcestershire ; late Fellow of Worcester — College. The following bona fide list of expenses may be of use in estimating the real cost of a University degree at Oxford. Of the sum there mentioned, I received about 120Z. first from a Post- Expenses. mastership at Merton, and afterwards from a Scholarship at Worcester College. I was matriculated June 1834, and took my degree October 1838 : — College battels ...••• University fees (Matriculation, B.A. degree, &c.) College servants Private Tutor ...... Loss on furniture of rooms .... Groceries . . . • • • Wine, desserts, occasional expenses for dinners, &c. Books Letters, parcels, &c. . . • Subscriptions, and private disbursements . Boating and amusements .... Washing Tailor Boots, &c, ...••• Various Total cost of degree ..... Add travelling ...••• £. s. d. 237 5 0 32 4 0 33 7 6 33 10 0 21 5 0 21 8 0 38 12 6 40 7 8 6 5 11 22 13 6 10 17 0 18 19 6 85 7 6 23 2 0 29 19 6 655 4 7 69 18 0 £725 2 7 At Worcester College, Oxfoid, This is a low sum for Oxford ; I should say the usual cost of a degree is 800Z. at least ; to very many it is as much as IjOOOZ. , i /. One of my brothers entered Hatfield Hall, Durham, under Mr. Melvdle, the first year that Compared with the it was opened. As he was a Theological student, he got his licence, and was ordained within Expenses of three years: and from first to last, including all expenses, academical and personal, he spent Hatfield Hall, but a few pounds over £300. ^ „ u • be K Surely, bv an adoption of the same system at Oxford, in as many Halls as there might be need of, the same economy might be insured. Why should a boy of 18 at school cost his father but 80Z. or 90/. a-year, and at 19, his expenses Tor a less portion of the year be 180/. or 200/. ? . , L One great feature in the expenses at Hatfield Hall is the reality of every item; and another, that there is no large sum (so serious a burden to many a poor clergyman) to be paid at first for furniture and Grace Terms. At Hatfield Hall, a certain sum is paid per Term for rooms ready furnished, and there is value for every pound charged. At Oxford, there is an apparent injustice (which is a constant topic of remark among Undergraduates) in charging University fees, room-renty and tuition, ^ov four years, whereas only three years residence is insisted on. The large sum required on first .commencing residence at Oxford often swallows up the whole of a ma'n’s ready money, and almost necessitates the credit system. This, added to the utter inexperience of many in the value and responsibility of money, (a point in education too often wholly neglected by parents,) will account for many an unfortunate man’s rum. All these diffi- culties have been overcome at Hatfield Hall, Durham, by the energy and watchfulness of an efficient head. Let the same experiment be honestly tried in Oxford, and a larger measuie oi success may reasonably be expected. JOHN DAY COLLIS, iM.A. 24 OXFORD UNIVERSITY COMMISSION. TIu: Most Rev. Richard Wlmtety, D.D.. Archbishop of Dublin. Examination at Matriculation. Its advantages. Evils of its absence. Effect on Schools. No distinctions at this Examination. Printing the names of all Candidates for a Degree. Effect of a Matricu- lation Examination on University extension. Ansioers from Richard Whately., D.D., Lord Archhishof) of Dublin, late Fellow of Oriel College, and formerly Principal of St. Albans Hall, and Professor of Political Economy in the University of Oxford. As far as regards University reform, I have long been convinced that the very first step should be a University examination, jireliminary to matriculation. If every thing else be put on the best possible footing, and that one point be omitted, you will have a plan which will look well on paper, but will never work satisfactorily. If, on the other hand, this one reform were introduced and no other at present, it would be easy afterwards to introduce indefinite improvements : indeed, some would even grow up from it spontaneously. A Head of a House may accept or refuse an application for admission into his House. This is quite fair. But if a man is to be a Member of the University, the University ought also to have a voice as to his fitness for admission. I have been told that a man is examined by the College Tutors prior to admission. Sometimes he is, and sometimes not ; and when he is, how can the University know or judge of the sufficiency of the examination. 7'he fact is notorious that men do obtain admission (at one College, if refused by another) who are quite unprepared to profit by what ought to be an academical educa- tion. And considering what an obvious advantage this affords to inferior Colleges, which are thus supplied with members such as the superior Houses would refuse, it is really wonderful that I should have advanced so far (which I did twenty years ago) as to divide equally the Hebdomadal Board on the question of a preliminary examination. The only argument by which I was met was, the citing of three or four cases of men who had entered when quite ignorant, and had, by extraordinary talents and diligence, ultimately gained honours. But even ten times as many such cases would prove nothing, for such men would not be permanently excluded. Any such marvellous genius would have no difficulty in preparing himself in a year’s, or a half-year’s study, for the entrance examination ; so that at the expense of a very short delay he would enter the University under much less disadvantage. But the great majority of those who enter thus ill-prepared — and they are very many — are no such geniuses ; and they just obtain a degree by passing an examination such as (every one must admit) a lad of moderate ability, from even a tolerable school, of the age of 17 or 18, ought to be able to pass without difficulty. Let such an examination preliminary ; and then they would begin just where they now end. Fresh and fresh examinations have been introduced for various periods of the academi- cal course ; but all must in a great measure fail without the preliminary one. It would be no substitute were you even to have a public examination for the very first term. The only way is, to subject a man to examination prior to his entrance. The evils of the want of this are — 1st. That either the general character of the College lectures lowered by being made such as would suit schoolboys of 14 or 15; or else a large portion of the students cannot profit by them, from being too backward. And both of these evils exist more or less in most Colleges. 2nd. 'Fhe character of the University examinations is lowered. For you can never find Examiners Avho will publicly reject about one-half or one-third of the candidates, which they would be forced to do if they required such a proficiency as ought to be expected of any one who had studied three years at a real University. Therefore they lower their standard to meet the case of those who have entered unprepared. The introduction of a preliminary examination would be an inestimable stimulus to schools. They would then become more what a school ought to be, and the University would, instead of being a school (and a very poor one), become a real University. Schoolmasters are tempted now to bestow most of their care on a few bright lads who are likely to gain distinction. And there is no salutary dread of the disgrace of having one of their pupils refused admission at the University. But if there wei’e this danger, they would feel ashamed to send forth a lad at 17 or 18 who could not give some account of the New Testament (about as much as he ought to have previously to being confirmed), and of three or four books of Euclid, and of three or four easy Greek and Latin books, which is now all that is required for a degree ! The examination of candidates for matriculation should not he jmblic ; nor should I recommend any honours to be bestowed at it. For these last there are abundant openings afterwards. If the Examiners had no honour to bestow except that of passing, they would be the less tempted to bestow that on the undeserving. And the more private the examination, the less scruple would there be of “remitting to his studies” anyone ill prepared. One of the advantages of the proposed examination would be, that there would (I trust) be no longer any objection to printing the names of all who have passed the Degree Examination. That a man who simply satisfies the Examiners and obtains a University degree should regard this as a disgrace, is surely a great disgrace to the University. And it is the necessary fruit of the present plan of matriculation. In reference to the queries relating to Professorial Lectures, and to the establishment of fresh Halls and (Qu. 3) of lodging-houses, such as would virtually be Halls, I would remark that almost all turned on the jiroposed preliminary examination. That, and that alone, would check the indiscriminate admission, at Halls unlimited in number, of men EVIDENCE. 25 unfit for a University. And that alone could provide suitable classes for Professors. When a large portion of the Undergraduates are occupied in acquiring those rudiments which they ought to have learnt at school^ it is vain to expect them to attend Universit;j lectures. And as for (Qu. 14) Private tuition, a great part of it is the necessary result of the unprepared state in which so many men are now matriculated. The private tutors are (in those cases) the crutches of our infirm system. And it is no cure to a lame man to take away his crutches. If babies are admitted, you must expect to find nurses. As for legal prohibitions of private tuition, the evasion of them is so easy that the attempt had better be let alone. 27ie Most Rev. Richard Whately, D.l)., Archbishop of Dublin. The Professorial System, and Private Tuition. If any Oxford man were asked “ whether the degree of M. A., and those in Law and The Higher Divinity, do not convey, at least to some of our countrymen, some notion of merit or pro- Degrees. jiciency, more or less, of some kind ? and whether any such belief is not v^holly ground- less? and whether, therefore, a University so conferring those degrees as to create or keep up a false impression is not guilty of a kind oH fraud on the public?” I know not what he could answer. I remember — and my memory as to academical matters extends over more than 45 years — sundry attempts made to remove this reproach, by making the exercises for those degrees something real. But all such attempts failed. When first I went to Oxford, and for some years after, there was a regular public Faihi'‘'= of attempts examination for the degree of M.A. But, mfact, it wasnot public, all the Undergraduates Exercises*^necessarv and Bachelors making it a point of delicacy never to attend, because several of those ihem. examined were men of middle age, and many clergymen. And it was soon found that no examiners could be induced ever to reject a candidate, however ill prepared. Hence the whole soon degenerated into an empty form, and was discontinued. Then attempts were made to introduce something real in place of the empty forms of exercise, called the “ Determining.” But the same result speedily followed. Then, a good many years after, when I was a member of the Hebdomadal Board, a scheme was proposed for making the Divinity exercises something real. It looked well on paper; but I inquired, “ Suppose a candidate for the degree of B.D. or D.D. fails to exhibit the requisite proficiency : will the examiner reject him ?” I was answered, “ We hope none will fail.” “Well, but suppose some man does; what then?” They were compelled to admit that rejection was a thing not to be thought of, considering that several of the candidates would be elderly men, and clergymen, and perhaps dignitaries. “ Then you will see,” said I, “ that after a few terms, the whole will become an empty form. As soon as it has happened — as, of course, it will — that a deficient candidate is allowed to pass, and then one a little more deficient, and another a little Averse still, and so on, the exercises Avill be understood to be a mere form.” I alluded to the story in the Spectator, of the Indian, Maraton, who went to the Land of Shadows — the Indian Elysium — to visit his deceased Avife Yaratilda. He found it surrounded (instead of the river Styx) by a seemingly impenetrable thicket of thorn-bushes, and for a time was at a loss ; but he soon found that it Avas only the ghost of a departed thicket, the shadows of thorn-bushes ; and he Avalked through Avithout any difficulty. “Even so,” 1 said, “ this examination will haA'e some effect till it is discovered — as it soon will be — that it is only a shadotv.” And thus it proved, on the experiment being tried. So it must abvays be with any examination which all are sure to pass. And yet, to find Examiners who will refuse these degrees to any candidate, experience shoAvs to be quite hopeless. I can think of only one remedy ; to limit the number of these degrees, alloAving only a Proposed limitation certain joroporimn of the Avhole number of members of the University to obtain them; or of the Higher only so many annually. If the candidates, or those likely to be supposed desirous of such Degiees in number, a degree, are more than there are vacancies for, then there Avould be no more disgrace in standing for the degree and failing, than in standing for a Fellowship. It Avould not imply absolute unfitness, but merely that others Avere more highly cjualified. And it Avould be easy to find examiners Avho Avould give the prize to the worthiest It has often been proposed to arrange the Bachelors who obtain honours in the order of Alphabetical merit in each class, instead of alphabetically, as tending to increase emulation, and thus stimulate exertion. But I do not know that the proposal ever found faA^our Avith those Avho had been (like myself) accustomed to the very difficult task of determining — as in the examination for a felloAvship— - the comparative merit of candidates. When the examination is only in mathematics, the task is comparati\"ely very easy. But Avhen it goes through several Greek and Latin classics, — poets, historians, and philo- sophers, — Greek, Latin, and English composition, &c., it becomes excessively difficult to Aveigh one man’s attainments against another’s. One Avill exceed in philosophy another who surpasses him in translating the Greek poets ; and both, perhaps, Avill be surpassed in Latinity by a third, &c. Hence, to facilitate in some degree this difficult task, the candidates for FelloAvships, instead of being allowed, like those for a degree, to choose their OAvn books, are examined in the very same passayes, and set to write on the same subjects. To introduce this kind of limitation into the Degree examinations — which Avould be, on the proposed plan, indispensable — Avould surely be an alteration for the Avorse. And eA'en then a great additional burden Avould be laid on the examiners. Nor do I see that any advantage (certainly no adequate advantage) Avould be gained. 3 E arrangement in the Classe.s. 26 OXFORD UNIVERSITY COMMISSION. The Most Rev. Richard Whately, D.D., Archbishop of Dublin. UmVERStTY Extension. Lodging in Private Houses. Independent Halls. Halls connected with Colleges. Distinctions op RANK AND •WEALTH. Noblemen. Gentleman-Com- moners. Reasons tor allow- ing them. Restrictions to Fellowships. The hope of attaining the highest of four or five classes is surely stimulus enough. If there be a man of such extraordinary powers, and such confidence in those powers, that he feels quite sure & first class even withte assiduous exertion than he could use consistently witli his health, such a phenomenon could only be found once in many years ; and it would not be worth while to provide for such an exceptional case, especially since this very supposed prodigy could not after all have been idle, without failing of his first class; it is merely that he would not have read quite so hard as he might have done. _ And as for any one not caring for a first class, and therefore not exerting himselt at all, merely because he is not to be ranked in the order of merit, such a phenomenon must be, I should think, rarer still. . And after all, no more justice would be done to superior merit than on the present plan ; but rather the reverse. For the Senior Wrangler of one year may be inferior to the second or third of another year. I was always, therefore, decidedly of opinion that the proposed plan would occasion much labour and difficulty, for no adequate object. Question 6, i. ii. I would not venture to recommend the system of unrestricted lodging in private houses. That a proper discipline should be maintained among the lodgers must depend on the care, integrity, and good sense of the lodging-house keepers. And how can we expect to find these qualities united in an indefinite number of persons in rather humble life, and of whose own early education we know nothing. pit. p v. Moreover, the lodgers are always waited on by the servant-girls of the house, m whose character and conduct the College authorities do not even pretend to know anything. 1 could say more, if needful, on this point, but I conceive it must be superfluous. As for independent Halls, it would seem, at the first blush, that as every master-mason, carpenter, tailor, &c., is allowed to take apprentices, so every M.A. should be allowed (at least under licence from the Vice-Chancellor ) to open a Hall for pupils. But at present, I fear it would be hazardous. There would be a danger that men of no very high tone of morality, and of no high qualifications (the degree of M.A. being a shadow), would open Halls, and vie with each other in laxity of discipline in order to obtain pupils of the worst description, who have passed no preliminary examination. , „ 1 remember that when 1 first was appointed to St. Alban s Hall, there were a few men still on the books, the remnants of the system that had formerly existed there. So that I can speak from exiierieiice. , , • n p „ As for a l\a\\ connected with a College, I know not that there is even any need of a statute to authorize any College to fit up suitably a building quite apart from the rest, and to place students there under the care of one or more Fellows lodging the same. Suiipose one of the quadrangles of Christ Church were separated from the rest by a whole street, and that there were (as there is, now) a gate and porter s lodge to each portion of building, I do not see how any one could object, or indeed that there would be any need to call it a Hall . i i i However, there was a building not far from Trinity College, which was so employed by that College in the days of a certain President Kettle, who was in high repute, and from whom the building obtained the name of h.eii\e- Hall . As to Qu. 6. (iii.) 1 cannot see that the necessary “ expenses of a C^ollege or Half (that is well-regulated)” ought to be such as to render R desirable to admit members to the University not “ belonging to any College or Hall.” jwu p It is not proposed that there should be any without “due superintendence; therefore they must at any rate have to pay tuition fees, or something of that nature. And no man surely could live in decent lodgings, and board there, at less cost than if he had College rooms and dined at the Hall table. _ _ „ , Question 11. Undoubtedly the recognition of noblemen is a great error. It contounds together academical and non-academical rank, and is as great an incongrui y as o give rank in the Army or Navy to a Master of Arts. But I am not for abolishing the distinction (or something amounting to it) between Commoners and Gentleman-Commoners. If restrictions as to expense are laid down such as are suitable to men who can only afford to spend from lOW. to 200/ per annum or even considerably less, it can hardly be expected that these will conformed to by men of ten or twenty times that income. Why should a man not be allow e a va , , who has been always used to such luxuries, and to whom they more extravyant luxuries than shoes and stockings are to his fellow-students? And if restiictions aie down which are in great measure evaded, or their violaiion connived at, theie is more danger of others being drawn into expiensive habits (which they can ill affoi , would fain avoid) if they belong to the same class which indulge in those habits. All sumptuary laws made allowance for differences of exiienditure in men oi diffeimt classes Their failure arose from the impossibility of classifying property in the lohole commonwealth, and oi keeping men in the classes laid down, which in a College may easily ^^-irtot can afford &xxc\\ and such luxuries, and wish for them, you must wmar a silk gown, and be raid as Gentlemeii-Commoners. If you decline this, you must be subject to the restrictions on Commoners.” . Query 10. (vi.) 'I he restrictions as to counties, &c., in the elections to Fellowsh i. shoiildbe greatly relaxed. This would prove an inc alculable benefit to the Unneisity, * At Trinity College, Dublin, there is not even any pretence of domesiic control over those students who lodge in the town ; their own friends are to see to that, as in the case ot day-boys at a school. EVIDENCE. 27 and would, in fact, not interfere much with the real intentions of the Founders; but in many cases, the reverse. For the Founders certainly designed to encourage learning in the counties, schools, &c., which they thus provided for. And too often the result has been the very reverse. Moreover, in many instances, those restrictions generated one another. If one Founder provided for his own kindred or county, another thought he must do the like for his, and another for his, &c. If all these Founders could be recalled to life, and it were proposed to one of them to throw open his Fellowships (suppose) to Cumberland and Westmore- land, on condition that another should open his, to Devonshire, and so on, it is likely the parties would agree. It should be considered, too, that the restriction is in most instances far closer in practice than the Founders designed. For, generally, they direct that a candidate of such a county shall be selected if any be found absolutely eligible ; if not, then one from another county. And the electors are to be the judges of the eligibility. I remember once describing a Foundation of this kind to a person, who inferred that the whole intention of the Founder must be, by this proviso, completely defeated; the electors being sure, he said (nothing could convince him of the contrary), to elect always the man they preferred, oi whatever county, pronouncing the rest ineligible. How different facts often prove from conjectures! In practice it is much commoner than not, that a candidate of the specified county is elected as a matter of coui’se, however defcient in other qualifications. And a departure from the Founder’s will on the opposite side is a thing that is, I believe, totally unknoAvn. It would be, I conceive, a sufficient compliance with the Founder’s design that the rule should be laid down to give a preference only to those of the specified county or family, in any case where the merit of two candidates was exactly balanced. To this should be added a restriction (which, practically, goes to open the Fellowships the more) that the number from any one county should not exceed such and such a pro- portion of the whole. This is needed as a check on provincial partialities. In Oriel College such a regulation exists, and extends to Middlesex, from which no more than four FelloAvs could be admitted. But I think the metropolis might be excepted from the rule, as there can never be any partiality in its favour. I suspect from the wording of some of the queries that some persons have offered, or are likely to offer, suggestions for the limitation of the FelloAvships in time ; as is the case now at Wadham, and the Mitchell Fellowships of Queen’s. I conceive that this would greatly impair the practical value of a Fellowship, without making much difference as to the succession. At Oriel, e. g., the ordinary and average time that a man holds a Fellowship is, I believe, shorter than at Wadham, certainly very much shorter than the time fixed at Wadham. But a man who has no thought (as few have) of sitting down on a Fellowship for life, yet derives a great corisolation from the reflection that if all his other plans of life fail, — if nothing more desirable turns up, — he at any rate has his Fellowship to secure him a decent maintenance and a respectable position. He cannot be thrown at middle age upon the world (except through imprudence of his own) to seek his fortune. I suspect, hardly any man who is elected to a Fellowship which he may hold for life, would exchange it for one of half as much more, limited in time, even though he should not at all contemplate holding his Fellowship even for so long a time. It gives a feeling of safety to feel that the island on which he has landed, though he does not mean to make his permanent abode there, will not be overflowed by the sea, but may be used as his place of refuge as long as he will. And he will be likely to feel a much more lively interest in the concerns of the College when he is to remain, as long as he pleases, a member of that Corporation. Some Colleges are what may be cdddedi federal ; distinct foundations for different sets of Fellows, all of whom do not take part in all elections. I recollect the cases of Queen’s, Pembroke, and Worcester. I should say that either all the Fellowships should be thrown together, or else the Colleges divided. It would be, for instance, much better that Worcester should be divided into three perfectly distinct Colleges, than that it should remain in its present state ; best of all, perhaps, that all should be thrown together. The inconveniences of the half-and-half condition are obvious, and there is no one advantage to counterbalance it. Answers from W. R. Grove, M.A., F.R.S., of Brasenose College, Oxford, Barrister-at~Law. Sir, I HAVE to acknowledge the receipt of suggestions forwarded by you on behalf of the University Commission. My occupations have not left me sufficient leisure to examine those portions which apply to the existing statutes and powers of the University. I will therefore confine those observations which I venture to make, to the queries which apply to contemplated or possible changes. As to the 1st query, I think the ordinary University expenses should be diminished, and that stringent means should be taken to restrain extravagant habits. I would allow no credit to be given to an Undergraduate by any tradesman at the University ; if this be thought too rigid, I would allow no credit for a longer period than the expiration of the current term, (reckoning the two short terms as one). Tradesmen to report at the end of the term, or before 3E2 The Most Rev. Richard Whately, D.D.. Archbishop of Dublin. Preferences. Check 'on provincial partialities. Limitation on tenure of Fellowships injurious. Evil of separate foundations in the same College. W. R.Gh-ove,M.A„ F.R.S. Expenses. 28 OXFORD UNIVERSITY COMMISSION. W.It.Giove.,M.A., F B S. Legislative interference. College interference. Disciplixe. Untyeksity Extension. Halls. Private Houses. Students not attached to Colleges or Halls. Attendance of strangers on Professorial Lectures. Matricui.ation Examination. Professorial System. Physical Sciences and Modern His- tory. Restrictions on Fellowsiiips. the commencement of the next, all arrears unpaid, and by whom, and to give no fresh credit, to pupils in arrear ; the pupils themselves incurring debts, to be dealt with by the authorities of their Colleges, as for other breaches of discipline, and it necessary, communication to be made to the parents or guardians. I believe, however, in practice, this would be more troublesome than the forbidding all credit, and I see no valid reason against such prohibition. If the discommoning or other powers at present possessed by the University be not sufficient to effect this, I would seek legislative aid to increase them. With recrard to credit procured at London, or away from the University, it is more difficult to deal witli, and I cannot see that in this respect much can be effected, though I think there is less danger from this source; it is the immediate temptation that produces extravagance. When, however, any cases of extravagance became known to the College, I would deal severely with the delinquent, and communicate with the parents or guardians; and in flagrant or repeated instances, rusticate or expel. I would also have it understood, as a wish of the Univ ersity, that parents and guardians should avail themselves of the present legal means of resisting claims on minors, for other than necessaries; and on its being publicly known that such was a wish of the University authorities, parents would feel less delicacy in pleading infancy to actions brought for improper debts, and a chock would thus be put on encouiage- ment to extravagance by fraudulent tradesmen. With regard to the 2nd query, I am not at present sufficiently acquainted with the powers possessed by the University for enforcement of dicipline, to answer this with any confidence,^ but my impres-.ion, resulting from the recollection of what I saw, 'when a resident membei of the University, i.s, that custom had induced a laxity in the enforcement of the existing powers, and that this was rather the defect, than that the pow'ers themselves were deficient. I would, however, when all outward conduct was regular, and there w’as no breach of public decoium, or of College or University discipline, avoid, as much as possible, all powers of an inquisitorial nature, as calculated to produce craft, suspicion, and dissimulation, and leading to little or no beneficial result. I pass to query 6. i t i Section 1. This is rather a financial question. If the means can be found, I see no possible injurv which can result to the efficiency of general education, by the increase of Halls, I should prefer their being independent of Colleges, subject only to University control. They would be less trammelled by incidents of past association, while they might have all the benefit of those results of wdtich experience has clearly proved the advantage. ^ i ■ Sec. 2. I should much prefer increased College or Hall accommodation to the lodging in private houses, but if the former is unattainable, I think it better to extend the benefits of an University education, by increased private lodging, than to keep it restricted. Sec. 3. This proposition presents many difficulties, it would divide Undergraduates into two classes, and create (I think unavoidably) a prejudicial antagonisrn, and a different stamp would be placed upon each of the two classes. My opinion is aga,inst it. I should prefer the object to be attained by other means, for example, by diminishing as much as possible the expense of an University education, but making such expense to be shared equally by all who had not by their attainments earned exemption or reward. t u- i Sec. 4. As far as 1 am able to judge of its effects, I am against this proposition. I think the Universities should be confined and adapted to the pupillary state, and the introdii^ion of strangers (if I may be allowed the expression) as learners, would have a prejudicial effect on the discipline and studies of the University, importing worldly views which had better be learned afterwards, and inducing desultory thoughts and habits. I also think that the advantages to be afforded by such provisions to the strangers themselves, might be equally well, or better, procured by them in other quarters. Sec. 7, 8, 9, 10. I think that youths coming up to matriculate, have scarcely characters sufficiently developed for a yiM&Zic examination, if such is meant by the query, and that it would be an undue advantage to the boys from public schools, and an undue disadvantage to those of nervous temperament, or diffident character ; but a close College investigation, both as to attainments and character, I think highly desirable and necessary, and that more specific attention be given to the individual pupil, than has hitherto been done, and the course of his studies modified accordingly, as far as is consistent with the necessary uniformity of all educational establishments. . • i • u I do not quite understand what is involved in the term combining the Professorial with the Tutorial system. That a great increase in the studies usually comprehenoed vvithin the pro- fessorial raime is desirable, I have not the slightest doubt. I am decidedly of opinion, that Physical Science and Modern History should be deemed essential paHs of an University education. Such College Fellowships as are at present unconnected with Tutorships, 1 wou d convert into College Tutorships for teaching those branches of knowledge, now exclusively within the domain of the Professors, and would suggest that these Fellows should have regular classes, some of which every Undergraduate in the College should be obliged to attend, and in which such branches of knowledge should be respectively taught. , tt • ■ d The teachino- by lectures, in the form of discourses, I would leave to the University Pro- fessors, and ar later periods of an Undergraduate's career I would require certificates of attendance, at one or more of such courses, in each term. i • i t n 'riie increase of the number and endowments of Professors beyond that which 1 nave indicated, and the providing for them retiring pensions, is, I think, highly desirable, but its extent must depend upon so many contingencies, that without having a very definite scheme before me I cannot venture an opinion as to its limit. ^ . i • In carryino- out the suggestion I have made, of the application of hellowships to lutorships of Sciences, &c., I am aware that great difficulties will arise from the trammels of existing EVIDENCE. 29 endowments. I think it is, however, time, that these difficulties should be met, and legislative aid required to modify them ; if the Colleges do not lose their existing endowments, but merely have them rendered more practically useful, I see no reasonable ground for doubting, that the consent of Colleges, and of tlie legal representatives of the original founders of Fellowships, may be obtained, to strengthen and support application to the legislature for such objects. I would have no limitation or disqualification as to University Professorships, further than the necessary ones of character, attainments, and age. I would, as to such College Fellow- ships as I have suggested, get rid of disqualification, as far as can reasonably be done, having regard to the beneficial interests vested in the Colleges, if they should be unwilling to forego these advantages. I w’ovdd not make marriage a disqualification for Fellowships, but would, when necessary to limit the enjoyment of them, make that limit a term of years. I would include the whole of an ordinary University education in three years, and would propose three public examinations, one at the expiration of each year. The first, something analogous to the present Responsions, Greek and Latin, construing and parsing, one book ot Euclid, a certain portion of Arithmetic, say to decimal fractions inclusive. Algebra, to simple equations inclusive, English History, and English and Latin composition. The second examination, Greek and Latin, with different books from those employed in the first examination, and a more comprehensive knowledge of them. Euclid, four books. Plane Trigonometry. Ancient and Modern History, using as text a single standard work on each subject. Some portion of Blackstone’s Commentaries. Physical Science, comprehending 1st. Physics: a knowledge of the movements and character of the celestial bodies, the meaning of Latitude and Longitude, Parallax, &c., the fundamental laws of Mechanics and Hydrostatics; an acquaintance with the principles of ordinary scientific instruments, such as the Telescope, Air Pump, Steam Engine, Barometer, Quadrant, Electrical Machine, Voltaic Battery, &c. 2nd. Chemistry: comprehending a description of the character of Elementary bodies, the general laws of chemical combinatioti, and the meaning of Distillation, Sublimation, Specific Gravity, with a knowdedge of the primitive forms of Crystals, &c. 3rd. Physiology : comprehending the knowledge of the circulation of the blood in Animals, and of the sap in Vegetables, the functions of assimilation, nutrition, respiration, atid secretion. The organism and functions ot the principal organs in the animal body, as Heart, Lungs, &c., and in vegetables, ol the Root, Trunk, Leaves, and Flowers, I have suggested an acquaintance with ordinary physical Instruments, rather than with the principles of the sciences, for the elucidation and application of which they are employed, because, I think, that rudimentary laws and phenomena may be more easily and better learned through these means, than by a more formally didactic system. The laws of reflection and refraction of Light, &c., are necessarily learned in studying the Telescope or Microscope, and so of the rest, and the mind is thus led to take more interest in the sciences, to obtain more vivid impressions, and consequently, better to retain such impressions; there is, moreover, great practical utility, in a familiarity with the instruments themselves. These details may, how'ever, be varied, but I cannot too strongly urge on the attention of this honourable Commission, the importance' of making a knowledge of physical science, an essential branch of an University education. Few educated men will be found, who, if they have not early studied Physical Science, do not regret such omission, and none will, I venture to believe, be found, wdio, having had their attention early directed to it, think their time has, in this respect, been misapplied. I have had some difficulty in forming an opinion, as to whether an acquaintance with any modern language shoidd be a sine qua non for Pass-men. My difficulty proceeded, not from any doubt as to its value, but from its being impracticable for Pupils while at the University to acquire any adequate knowledge, of even a single modern language ; and the usual school in- struction, is in this particular, at present, of the most slender and valueless kind. I think, however, I would make some knowledge of F rench essential, it being the language of conversation throughout Europe, and without it, no man can be said to possess the education of a gentleman ; it is also the language into which every continental work, not translated into English, is trans- lated — less valuable than German or Italian as a mine of literary wealth, it is practically more valuable lo the average of mankind, as an accomplishment and a key to knowledge. This second examination, I would make the substantial educational test to Pass-men, and though the points I have named may appear to extend ov'er a somewhat wide field, I think them all within the grasp of ordinary minds, and all involving necessary fundamental knowledge ; I have no doubt, that when school education is directed to them as preparatory to the University, they would be easily attained by all such as ought fairly to be entitled to an University degree. The third year, I would devote to a speciality, allowing (within prescribed limits) the Undergraduate to choose his subject, say. Law, Medicine, Physical Science, History, as introductory to diplomacy, &c., and let the examination be confined to the selected branch or branches. I would grant no degree until this third examination be passed, otherwise, many Pupils would leave the University too soon. If, however, it is judged otherwise, there is nothing in this plan, to prevent the first degree being conferred at tlie expiration of the second year, and the second at the expiration of the third year. For Pupils aspiring to honours, 1 would give the option of deferring their last examination and degree, for half-a-year, or at most, for one year longer, and would, of course, assume a much higher standard, and give the option of a W. R. Grove, M. A., F.R.S. Marriage of Fellows. Proposed course OF University Studies. The value of Physical Science. Modern Languages. French. Third Year. Degrees. 30 OXFORD UNIVERSITY COMMISSION. W. M. Gj'ove, M.A., F.RS. Distinctions of BANK AND WEALTH. Private Tuition. Rev. B. Jowett, M.A. The Constitution. Hebdomadal Board. Convocation. A proposed scheme of a Revived Con- gregation. larojer range of subjects, having several divisions and honours attainable in each, such honours being practically stepping-stones to College or University Professorships or Tutorships, or being made to minister to a subsequent worldly career, as may suit the views of the Pupil, his parents or guardians. In the plan which I have briefly sketched out, I have endeavoured to give a fundamental standard for those most essential branches of knowledge which should be learned by all, and then, without interfering with such general knowledge, to enable the Pupil to have his mind thrown into the channel which he is subsequently to pursue, this latter portion of education supervening at a period, when all have, or ought to have, some definite view as to their future pursuits. Assuming the average age of matriculation to be 19, at the age of 21 the Student’s mind, should, I think, be directed to a definite career, and it appears to me better, that the mind should be guided, under proper superintendence, to the objects likely in future life mainly to occupy attention, than that at the expiration of the University career, young men should be left to gather, by their own unassisted study, tliat knowledge of which they will then more feel the necessity, when the means are less within their reach. Sec. 1 1. I see no sufficient grounds for retaining these distinctions. Sec. 14. 1 think private tuition bad — it leads to a system of hasty and ill-digested study, adapted solely to what are considered the pinching parts of the examination for the time being, and removing the pupil’s mind from the influence of the legitimate Tutor. I would seek to attain what may be beneficial in it, by the increased number, efficiency, and remuneration of College Tutors. The other questions suggested 1 have avoided, not from any opinion as to their being of minor importance, but for want of sufficient acquaintance with their present details or working, to be enabled to venture any opinion. I have the honour to remain. Your obedient humble servant, W. R. GROVE. From the Rev. B. Jowett, M.A., Fellow mid Tutor and late Bursar of Balliol College., and Public Examiner. Sir, The information requested by Her Majesty’s Commissioners, I have placed under the following heads : — I. The government of the University, in answer to questions III., IV., V. II. The reduction of expenses, and extension of the University to a larger number of Students, in answer to questions I., II., VI. III. The effect of existing limitations on Fellowships, in answer to question X, IV. The Professorial system, in answer to questions VIII., IX. The remaining questions are answered separately. I. The government of the University. Many evils in the present state of the University are attributable to the Constitution imposed upon it by the Caroline Statutes, which places the government in the hands of the Hebdomadal Board. The perpetual misunderstanding between that body and Convocation has greatly tended to impede useful reforms. This misunderstanding has partly arisen from the unwilling- ness of the Board to appoint Delegacies ot Masters of Arts, which are recognised by the Statutes, and the appointment of which, in many instances — as, for example, in the construction of the recent E.xamination Statute — would have been very desirable. There has been, moreover, a natural jealousy that those who in general have no share in the instruction of the place, and are a good deal isolated by age and position, should have the sole superintendence of education. It is felt that little has been done for the extension ofthe University, and the improvement of its discipline, still less to check many real, though not perhaps flagrant, abuses. Had the Hebdomadal Board been differently constituted, I am inclined to think that the tone and temper of the University, as a Corporation, might have been altered in some of those points in which it is most open to the attacks of its enemies, and at the same time, a greater means of unity provided, and a greater barrier against religious and party strifes. Were the object of these remarks on the Hebdomadal Board to balance praise oi censure, it might be truly said that the retrograde tendencies of the University are at least equally chargeable upon Convocation, that is upon ourselves, as upon the Heads of Houses. Without pre- tending to criticize the conduct of any one, I desire only to preface these remarks by drawing attention to the inconsistency of a state of things in which either party tends to obstiuct the other. In attempting a change in the constitution of the University, the first object to be secured is its peaceful and regular administration. Any scheme which either afforded the opportunity of debating in English on the measures proposed by the Caput or Hebdomadal Board, or gave the power of moving amendments in Convocation, or separated the superintendence ofthe Uni- versity studies from its general discipline, or which made the governing body elective, would not, I think, be an improvement on our present constitution. One of these schemes has been so frequently spoken of in conversation, that I have reason to suppose it may be urged on the attention of the Commission. I will therefore briefly state its nature, and mention the objections which may be made to h- • u- u • The proposal alluded to generally assumes the (orm ol a revival of Congregation, which is not, as now, to consist of Doctors, Deans of Colleges, “necessary and ad placitum l^gents, but of Heads of Houses, Professors, and Deans ol Colleges, with the addition ol College Tutors. EVIDENCE. 31 To some such body as this the supreme authority in the University is to be transferred; its power to be exercised either immediately or through Delegacies appointed periodically from the Hebdomadal Board, the Professors, and the Masters generally. This new House of Congregation, it will be observed, has nothing in common with the present one ; the latter having no other functions besides the power of admission to Degrees. It is an entirely new institution, availing itself of an ancient name. It will be numerous enough to have all the disadvantages of a popular body, without having the sympathy or confidence of the country generally at all more than the present Board of Heads of Houses. Is it to possess the liberty of discussion or not? If so, the University will become a vast debating society, in which, as occasion offers, every Political, Ecclesiastical, and Religious question, is liable to be discussed. The unobtrusive performance of College duties will soon give way to the excite- ments of the House of Congregation. All the objections which can be truly urged against the revival of the Convocation of the Clergy apply with increased force to a body which would be beset with the same evils in a narrower sphere. The radical change that would have been made in the Constitution of the University would probably have the effect of plunging us into a perpetual state of agitation, of which there would be a peculiar danger at the present time. Suppose, again, according to another modification of the abovementioned plan, the newly- formed House of Congregation to elect a Caput or new Hebdomadal Board, which should have the care of preparing legislative measures, while the larger body of Congregation accepted or refused them ? Here, again, new questions arise for consideration. Is Congregation to have the power of amending such measures, or not? If so, measures conceived in one spirit will be completed in another ; there will be no coherence or consistency in our legislation, when, by ingenious amendments, it is in the power of any Doctor, Professor, or Tutor of College, to adapt them to his views. The analogy of the supreme legislature is out of place here, because, in that case, every measure is read, altogether, six times, besides passing through two Com- mittees, and being regularly attacked and defended by Ministry or Opposition. Any plan cf legislation which requires the safeguard of such a cumbrous process as this, is unsuited to a University. If Convocation is to exist, and few would be bold enough to think of disfranchising its mem- bers (even if the separation that such a measure would cause, of the University from the country, were not a sufficient objection to it), the further question may be asked — what need of inter- posing another silent body between it and the Hebdomadal Board to complicate our legislation ? Some such body, it may be thought, is alone suited to elect the Government of the University. This leads to the consideration of the gravest objection against this or any similar scheme — the evil of governing the University by an elective body. 1. Whether the body to be appointed are elected by Convocation or by Congregation, or delegated by the Hebdomadal Board or the Professors, the mode of election inevitably places the government exclusively in the hands of the majority. No one wishes that the government should be placed in the hands of the minority, nor can any scheme be devised by which this becomes practicable. But notwithstanding this, in a University it may sometimes happen that those who are the minority in opinions are possessed of the greater share of intelligence and talent ; a form of government which entirely excludes them from a part in its administration, even proportioned to their numbers, seems, therefore, peculiarly unjust and objectionable. It will still more often happen that this minority will have the sympathies of the world without, and the governing body which has excluded it, while in name popular, may be unpopular every- where except in the University itself. 2. The great evil of contested elections is too obvious to need illustration. I am convinced that after a few years’ trial of them w'e should all wish to restore what has been termed the “stable oligarchy of the Hebdomadal Board.” Do we desire to place the University in a hostile relation to public opinion at large ? In no way are we more likely to do this than by the creation of such a body as that above described. The public w'ants quiet, and cheap education, and extension of studies, and to bury for over our ecclesiastical differences; the -last we are likely enough to revive, if we open a new field for the contests of party. In reference to the Constitution of the University, I think the least change likely to be the best and most effectual. If, in other parts of the system, great changes are necessary, here it seems prudent to conserve as much as possible. The simplest change that occurs to me is to retain the Hebdomadal Board, with the addition of the Professors. In making such a suggestion I look forward, as a part of any scheme of University reform, to an extension of the Professorial system. Some of the advantages of the plan are, that it at once secures the Professors the rank in the University to which they are entitled, that it avoids the exclusiveness in the government, as well as the other evils of an elective body, that the discipline of the University, and the super- intendence of its studies, are thus retained in the hands of the same persons. Two objections may be urged against it : first, that the body thus created is too numerous for the efficient discharge of business, and secondly, that Tutors of Colleges, and other Masters, are wholly excluded from it. Both objections may, however, be met by the proposed Hebdomadal Board appointing Delegacies of Masters to deliberate on special matters, or to take in hand particular departments of business, in accordance with the (hitherto neglected) provisions of the present statutes. We stand in need of many changes, but not, I think, of greater legislative powers. The changes at present required are such as have become necessary, from lapse of time, in Institutions that have not the power to amend themselves. We are not to infer from this that the University needs to continue for ever legislating, or that it is well to form a constitution whichwill give the greatest facility for such an object. When these desirable changes have been once obtained, it is to be hoped that we may return to our natural state, and an opportunity be afforded for the fair trial of an experiment. It is for this reason, amongst others, that I should ooject to the Rev. B. Jowett, M.A. Objections to it. Scheme slightly different. Objections to scheme proposed. ^ Evils of elections. Scheme proposed. Hebdomadal Board of Heads and Pro- fessors. 32 OXFORD UNIVERSITY COMMISSION. Eev. B. Jo wet f, M.A. Proctors. Expenses. College expenses. Modes of reducing other expenses. Money-lending. College Authorities in some degree responsible for extravagances. Minimum expense under actual system. University Extension. Persons now excluded. Poor Students of the lower classes. appointment of a separate Board to preside over studies and education, because, having no other employment, its perpetual temptation would be to legislate rather than administer. Such a plan would have the effect of placing the real power in the hands of the Hebdomadal Board, while it would lead to a perpetual conflict between the two authorities. Proctors. — The present mode of electing the Proctors has certainly answered the purpose for which it was originally designed — of av'oiding strife. I think both the office and the mode of election might be advantageously retained as at present, with the following changes.——!. A. correction of the cycle, so as to apportion the number of turns which each College receives to the average number of its Undergraduates. 2. Abolition of the restriction of the office to M.A. s of not less than four, nor more than ten years’ standing, on the general ground that where it is difficult to find fit persons for an office at all the fewer the restrictions the better. 3. Abolition of the absurd regulation by which the Proctors are made to share in the decision of the University Prizes. II. The reduction of expenses, and extension of the University to a larger number of students. The expenses of an University education may be divided into — ] . College expenses charged in battells. 2. Other miscellaneous expenses. ]. The battells of an Undergraduate at Balliol College vary from about 65?. to 857. a-year. Of this, 12Z. may be reckoned as the average rent of rooms, 22Z. 8 ^. tuition fees, paid only durinv the three years of residence ; the remainder pays tor bread, butter, beei , meat, vegetables, coalsfand servants (the latter, with the exception of about 3Z., not charged in battells). In this sum a reduction of 5Z. or 8 Z. a-year might be effected by putting the servants on fixed salaries , certainly not of more. 2. The greater proportion of the expenses is not charged in battells. In reference to these, the advantage which might be gained in providing for numbers is lost sight of in the management of a College. I would suggest — , , , i t a. That all articles of provision, such as wine, milk, tea, &c., should, as far as possible, be supplied by the College, without profit of course, as a means of lowering the price, and doing away with the system of credit, as well as placing the expenses of Undergraduates more imme- diately under the control of the College Tutor. I f u 1 y 6 . That tradesmen should be required to send in their accounts before each of the three examinations ; if not then paid, they should be further required to stop the Candidate from proceeding with his examination by a notice to the Proctor; in case either of these requisitions were not complied with, the debt should be afterwards made irrecoverable, and the tiadesman liable to be discommoned. . 7 . It is very important, if possible, that means should be taken to stop the practice of money lending, to which I beg to call attention, though unprepared to offer any suggestions on the lio one supposes that measures of this kind, however desirable, will have the effect of putting an end to extravagance. Special means can do but little, if the temper of a society is averse to their enforcement. Where young men read they will not be extravagant; but they will not read unless they have good lectures, and the place in which they are wears the aspect of study. Reduction of expenses depends therefore first on parents, who ought not to grudge the penalty they naturally incur if they have ever encouraged their son’s moving in a rank of somet^y above him. Secondly, on College Authorities, who are not to be considered responsible for each individual case of gross extravagance which may unfortunately happen, but are responsible for the character and habits of their Undergraduates and for the instruction given them. Thirdly on the tradespeople, who are often indiscriminately condemned, on every occasion that they chance to appear as creditors in the Insolvent Debtors’ Court, but are really answer- able for their mode of conducting business, and the temptations and facilities of credit which they hold out. Any system which punishes a tradesman severely should also protect him as well as the Undergraduate against debts. ^ 11 No sumptuary laws, or parental or tutorial care, can so reduce the expenses of a College life as to brina the University within the reach of a much greater number of stuaents than at present. The sum required for College expenses could scarcely be brought below 60Z. a-year. The greatest economy could not bring the whole expense to less than lOOZ. or 120Z., while the average allowances of young men at Oxford probably vary from 200Z. to 30UZ. a-year. The lowest of these sums appears high when it is remembered that the period of resideiice extends only over about 27 weeks in the year. The Universities can never become National Institu- tions while they are confined to persons who can provide an income ol from lOOZ. to 200Z. a-year. This leads us to consider the possibility of University extension, and first to inquire whether there are many persons who are now excluded and would be benefited by a Uni- versity education, as well as the manner in which they are likely to receive benefit from it. I. (1.) There are the sons of the clergy. (2.) There are Dissenters. (3.) Poor students. 11 ,.^ This last class would be greatly increased, if the middling and lower classes had better opportunities of previous education. Classical learning has hitherto formed the staple of our University studies; it is well taught nowhere perhaps except in the great public schools, which with few exceptions, are confined to the chddreii of the rich. Probably in the whole country not more than 5,000 or 6,000 receive such an education as forms a real preparation Tlie cathedral" schools and small educational chanties of England afford abundant lesources for such an object if better applied, and placed under proper visitation. Good schools might be EVIDENCE. 33 formed by the combination of several endowments and the opportunity given of boarding at a reasonable expense. I mention this, because, although at first sight it appears foreign to the subject of inquiry. I feel convinced that defect in previous education is the real limit to any useful extension of the Universities, at least, unless their system of instruction were greatly changed. Further, if opportunities were offered for the study of the physical sciences at a small expense, and liberal encouragements held out in the way of prizes and scholarships to students in these branches of knowledge, a new class of persons would, doubtless, eagerly demand admission, with great advantage to themselves and their fellow students. Supposing that a great reduction could be made in the expenses of a University education, and that this could be combined with an improvement in our cathedral and foundation schools, and with extension of the studies of the University, I think we may reasonably conclude that there would be no want of poor students desirous to avail themselves of the measures proposed for their benefit. To which class may be added, 2. the sons of the clergy who are too often hindered by expense. 3. Dissenters, if the difficullies attending subscription couhl be removed. II. The benefits that might be expected to result from such an extension, besides the ad- vantage of extending education itself, are, — I. The possibility of supplying an increased number of clergy, the need of which is more and more felt and very imperfectly met by Theological Colleges. II. The means that would be thus atforded of providing a better class of school- masters, and thus raising education throughout the country. III. The advantage of opening to the lower and middle classes an honourable way of advancement in life and the means of entering the professions. The means by which the extension of the University is to be accomplished are the next question for consideration. In reference to plan 2 proposed by the Commissioners, it may be observed that the want of room is not the real difficulty in the extension of the University. The more popular Colleges, it is true, are full to overflowing at present, but they would not be induced to increase their numbers by a permission to Undergraduates to lodge in private houses. Neither would such a measure diminish the expense if Undergraduates were required to battell in College. In reference to No. 3, it may be remarked, that great advantages may certainly be derived from residence in College under the superintendence of a tutor, which are thus thrown away. No doubt it would be possible for a student to live more cheaply than at present in a small lodging, (chiefly because he would feel that no regard for appearances was necessary,) but not so cheaply or comfortably as, with good management, he might be provided at a common table. From what I have heard, I imagine that the experience of the Scotch and German Universities is not favourable to such a plan. It may be fairly said, on the other hand, however, that the permission to live in lodgings does not necessarily involve the introduction of the comparatively lax discipline of a foreign University. Objections on this score might probably be met by a proper system of University regulations: and it must be allowed that the plan of lodging in the town is free from two difficulties which beset almost any scheme for Poor Halls. First, the evil, or probable evil, of making a distinct caste of the class of men who are educated at Halls, as compared with those educated at Colleges. Secondly, the difficulty of employing the College property for a purpose to which the Colleges themselves are either opposed or lukewarm, and which, tievertheless, they would be naturally engaged in carrying out. Permission to noblemen, and men of large fortune, such as at present form the class of Gentlemen-Commoners, to reside with private Tutors in the town would be of great advan- tage, and would meet many of the evils which at present attend their University course. Some of the most distinguished Professors would, I think, be willing to receive such pupils into their houses, and offer, in some degree, the same kind of advantage as that of which, a generation back, several eminent persons availed themselves at Edinburgh. In reference to No. 4, 1 see no objection to allowing strangers to attend Professors’ Lectures. The formal certificates had better perhaps not be given, 1st, because of the evil it might occasion, of introducing into the University a great number of persons not under its control, and also because the name of a University education might thus be obtained without the reality. The benefits of a University education cannot be thought to consist merely in the acquire- ment of knowledge, but in the opportunities of society, and of forming friends; in short, in the experience of life gained by it and the consequent improvement of character. With many, a College is their first means of introduction to the world. Advantages of this kind cannot be wholly secured to the poorer student, although he most stands in need of them, yet they should not be completely lost sight of. With a view to their attainment, it may be suggested, that all distinctions of dress, name, &c., as well as any imposition of menial offices, should be avoided. The poor student should be .scrupulously treated as a getitleman. We hope that “ the great business of the University” would still continue to be to educate “English gentlemen,” not the priest-gentlemen of Catholic seminaries, but men of simple manners, who felt that there was no shame in entering on a course in which learning and usefulness would be the only claims to distinction. These remarks are made under the impression that the success of any scheme for the com- prehension of a greater number of students must depend mainly on the spirit in which it is carried out. The day of condescension and charity has passed away; eleemosynary assistance could never have been the means of providing education except for the clergy, and this in the worst way. The colleges, it is agreed on all hands, are intended for poor students; otight they not to do something more than at present for the education of the lower and middling classes as a matter of duty and justice ? 3 F Btv. B. Jowett, M.A. Sons of the Clergy. Dissenters. Benefits of University extension. Private lodgings. Attendance of strangers on Professorial I.ectures. Real benefits of University educa- tion to the lower classes. 34 OXFORD UNIVERSITY COMMISSION. Rev. B. Jowett, M.A. Halls in connexion with Colleges. Fellowships appro- priated for the use of Halls. Calculated expense in such a Hall. Scholarship and Exhibitions. Answer to objec- tions. Sinecure Fellow- ships no longer possible. Objections to the scheme of indepen dent Halls. Dissenters. Restrictions on Fellowshii>s, Number of Fellow ships, 540. Open Fellowships, 20 . Local restrictions. The plan No. I suggested by the Commissioners of establishins: new Halls in connexion with the Collecfes seeni', on the whole, most likely to attain the desired end. The details of such a plan might be filled up as follows: — Everv College mioht be required to open a free Hall for a certain number of students in proportion to its revenues. The Iniilding for such Hall to be provided and lurnished by the College. The tuition to be supplied by the College, 'which might be required to annex a certain number of its fellowships for the use of the Hall. Tile Lectures in the College mighty in addition, be free to members of the Hall. The students to be furnished with a single separate apartment and to have their meals at a common table. The control of the Hall to be vested in the College, or, if the College refused its co-operation, the necessary funds lo be placed under the control of the Hebdomadal Board, or of the Crown as Visitor of the University. Upon some such a plan as this, it is calculated that t he entire expenses of living, including wash- ing and servants, need not exceed 30/. a-\ear. Supposing that a small additional payment of five pounds a-year were taken from the students to increase the stipends of the tutors, and five pounds added for books, the entire expense of education would not exceed 40/., to which, if we add 20/. for clothes and tiavelling, the total will amount to about 60/. a-year. This sum again might be indefinitely reduced by increasing the number of scholarships and exhibitions, and improving the value of those whicii exist. Such scholarships to be quite open and given away by examination, without regard to the pecuniary means of the Candidates. It may be objected to the above scheme that it involves far too great an encroachment on the rights of College property. In answer to such an objecto’*, I would ask, whether it is probable that sinecure Fellowships will be allowed to exist 10 years longer, considering the precedents afforded by the Ecclesiastical Commission and the great wants of education, especially among the middle classes. To attach useful duties to them is the only vvay to save them. For the purpose of tuition, no College, except perhaps one or two of the largest, can stand in need of more than 10 Fellows. I should hope to see such a a change made in the uses of the College revenues, as ivill at once place them for ever on a sure foundation by linking too many interests with them to make it likely that they would ever hereaftei be liable to schemes of spoliation. It may be further said, why have recourse to compulsion when the object can be so easily attained by the voluntary exertions of the Colleges themselves? I would, therefore, point out that the Colleges have no interest in making the attempt; their own Undergraduates will be in no wav benefited by it. It is true that at present there is nothing to hinder^ thern from founding Halls for poor students, except the will, but as the will has been wanting hitherto, it will most likely continue to be so, as the enterprise calls for a large outlay of their corporate funds which have perhaps been reserved for some other purpose. It will also be said, that individuals will readily enough supply the want if a fair oppor- tunity is given them. But individuals without endowments cannot compete with richly en- dowed Colleges, and will seldom embark in so perilous a speculation unless instigated by some other object besides the desire to promote University extension. To rely on a mere permission to open Halls as a means of extending the University appears to me altogether illu'-ive. First, because there are very few' persons (as those resident ill the University are aware), not already engaged as Tutors or Professors, or soon likely to beconm so, who would be competent to fill the position ol Head, or lutor of a Hall, Secondly, because if there were they would be dependen'^ on their Halls for a means of livelihood, which would necessarily tend to raise the expense, at the same time that the Head of the Hall would, in any case, have an income much smaller and more precarious than that of the Under Master of a public school. Tiiirdly, because the Colleges would gather into themselves all the ablest young men ; and the undergraduate members of the Halls would be the class least able to avail themselves ot professorial instruction, and most needing individual assistance. Fourthly, because it seems to me very difficult to provide security for fit persons only being made Heads of such institutions. I quite agree in thinking that the University is at present fettered and trammelled through the Colleges ; the way to meet this difficulty is mainly to improve the Colleges themselves, not to raise up by their side unendowed, mush- room institutions, inferior to them in posi’ion, in means, and in learning. Dissenters . — I see no reason why Dissenters should not be admitted at Halls, or (with the consent of the authorities) at Colleges, and allowed to hold scholarships and proceed to the B.A. degree. The present time, when there appears such an absence of hostility between IDissent and the Church, is peculiarly favourable for making the change. There would be small reason to expect that the Dissenters \vould ever become the majority of our students, w'liile, by their admission, the Universities would more truly be made a National Institution, and the scandal done away of requiring youths of eighteen to sign the XXXIX Articles. VH. The effect of the present Restrictions on Felloicshijjs. The extension of the University to a larger class of students, is closely connected with the restrictions on Fellowships. Unless these are removed a fair inducement to come to the Univer- sity is lost. The number of Fellowships in Oxford is about 540. T^he annual value of each is extremely different at diflerent Colleges. An average may perhaps be struck at 200/. a-year, including commons, rooms, and other allowances, which gives a total on the whole number ol 108,000/. Scarcely any Fellowships are absolutely free from restrictions; not more than 20 are fiee fiom local restrictions, and at the same time given away as the reward of merit. ^ The plea often urged against interfering with these local restrictions, is the sacredness of EVIDENCE. 35 Founders’ wills. Witho it enlarain^ on so trite an argument, it may be remarked, 1st, That a greater chaime was made in the Statutes hy Act of Parliament ar the Relormation than any which is possible now. 2nd. That the alteration in the University system which was completed at the beginninor of the present century, did practically do as much violence the letter t le statutes in its provisions respecting education, as the Reformation did to the religious ones. e have twice violated the Founders’ wills, if such a figure of speech may be allowed, and cannot now appeal to them in favour of restrictions which are obviously injurious. i r n ■ The several classes of restrictions on Fellowships may be summed up under the following heads : — 1. Restrictions of place, schools, or Founders kin. 2. Restrictions of property. ^ , , , r u r 3. Restrictions to Candidates talcing orders; to which must be added a iurthei limita- tion from corrupt and interested elections. Kev. B. Jowett, M.A. Founders’ wills twice virtually set aside. I. Many modes have been devised for remedying the first of these evils. It has been some- times thought that, if the College statutes were more strictly enforced, many of the Fellow'ships might be at once opened. It is believed, that an examination of the statutes would geneially show that very little latitude was left, and that a closer interpretation of them was as much in accordance with their spirit as a more liberal one. 3 here is, certainly, the strongest obligation on all societies to open their fellowships as far as possible : this, ho^yever, rests rathei upon general errounds than on particular provisions of their statutes. And it must be allowed, that in cases where Fellowships have been thrown oyieii, there is a considerable drawback to the public advantage in the appearance of wrong done to expectant individuals. II. Another plan proposed is, to obtain an enabling Act from Parliament to got rid of lestric- tions, in the case of an individual College, with the consent ol the majotity of its Fello'^. 1 le objections to this plan are, 1 st, the difficulty of obtaining tbe consent of a majority of the Fellows, where the change is most needed. 2ndly, the further difficulty created by restrictions to schools or kindred, the doing away of which by a private Act of Parliament woidd be a great haidship. It will be convenient to consider separately the different kinas of restrictions. 1. 1 laces. 2. Schools. 3. Founders’ kin. Premising only as applicable to them all i. That Fellowships shoidd in no case be connected with Scholarships. ii. That Fellowships and Scholarships should never be given away without a previous exami- nation, as a test of the merits of the Candidate. 1 . Restrictions of place. • v i i The best way of dealing with these would be to give them up entirely, as is believed to have been the case with several Colleges at Cambridge ; or, if this measure is thought to be without sufficient legal precedent, a ceteris 'parihus preference might he reserved for the natives of pai- ticular places, while all persons, without distinction of birth-place, were allowed to become Candidates. While, on the one hand, it may be conceded, that this reservation would soften the opposition of many, and also that it would open the Fellowships enough for all who weie leally deserving of them, on the other hand, great objections may be urged against so ambiguous a provision as a ceteris paribus preference to particular counties. It would be absolutely necessaiy to require that all Candidates should pass the same examination, and at the same tinie a gieat hardship that they should be weighted differently in the race, not to mention the injustice they might be exposed to from tbe various opinions of the Electors respecting the meaning of the statutes. A third plan proposed, viz. that of opening Fellowships at any particular College, as, for example, Magdalen or Corpus, to all the counties collectively which are mentioned in the statutes, is liable to great objection from its partial operation. The dioceses of Lincoln and Winchester would thus receive far more than their fair share of the endowments, while the natives of other parts of England, as for example the county of Middlesex, persons born abroad, or in Scotland, Ireland, or the Colonies, would be almost wholly excluded from them. Those who are resident in the University are aw'are that this is felt to be one of the greatest evils in the present distribution of its revenues. 2. The restrictions to Founders’ kin. . The chief instances of particular provisions in favour of Founders kin are in the Craven Uni- versity Scholarships, and the Fellowships at New College and All Souls. ^ The restrictions on the Craven scholarships at Cambridge, which are a similar foundation, have long since been removed. Tbe Craven scholarships at Oxford are by custom confined to Commoners ; this is one of the few restrictions which has a good effect as an encouragement of merit. It is, however, a great misfortune that about half of them are without refusal claimed by the kindred of the founder. The preference at New College to the kindred of the Founder (who are never superannuated at Winche.ster) has the effect of further narrowing a close foundation. The preference at All Souls consists only in the admission of Founders’ kin as Candidates, even when not born in tbe province of Canterbury ; and in the admission of them to actual Fel- lowships immediately on their election, an anomaly which, although singular, cannot be said to be attended with any ill effects, 3. Restrictions to particular schools, are, in some respects, more injurious than the local ones. It is an objection that may be urged against all close Fellowships tliat while they are not re- wards for previous effort^, they afford a provision to the owner of them just sufficient to prevent his exerting himself to gain anything more. Fellowships confined to schools tend to cause the additional evil of a narrow circle of society'. At the age of 17 or 18 a boy comes up 1o New College or St. John’s, is welcomed among his old schoolfellows, and lives almost isolated from the rest of the University. It inevitably follows that his school life reproduces itself at College. Parents often repeat that the election of their children at New College is a doubtful good to ' Notwithstanding these evils, few persons would be willing to give up the associations of W il- 1. Restrictions of Fellowships to places. 2. Restrictions to Founders’ kin. Craven Scholar- ships. New College. All Souls. 3. Restrictions to Schools. New College. Proposed scheme. 36 OXFORD UNIVERSITY COMMISSION. Rev. B. Joicett, M.A. Merchant Taylors’. Westminster. Clerical restrictions. Properly restric- tions. Elections from favour, the peculiar dis- grace of Oxford. Want of Scholar- ships, liam of Wykeham or the glories of King’s College, Cambridge. Feelings of this kind might be met bv such a chanofe as the following : — 1. To separate, as in other cases, the Scholarship from the Fellowship, or the Undergra- duate from the B.A. Fellowship. 2. To elect to either from the whole school without distinction of Oppidan or Commoner, from College. 3. To make the only condition of eligibility to either that the candidate should have passed three years at Winchester for New College, at Eton for King’s. The object of the ]dan is to afford a stimulus to the schools, and at the same time retain and strengthen the peculiar feeling for which the Colleges connected with them have been remarkable. The case of Merchant Taylors’ School connected with St. John’s College, Oxford, is, in some measure diffei ent, as the number of boys antiuallv sent to the University is too small for such an endowment to exercise its most beneficial influence. The evil might be remedied by opening the College to all schools in the city of London, a plan which would have the advantage of fulfilling in the main the intentions of the Founder. The case of the Westminster Studentships at Christ Church might be amended in the way proposed for New College and King’s, by separating the Undergraduate and B.A. Students, and electing from all who had been for a certain period at Westminster School, whether on the foundation or not. II. Clerical Rest fictions. Nine-tenths of the Fellowships at Oxford can be held permanently only by Clergymen. Some require their possessors to be in Holy Orders at the time of election; others within four years from the M.A. degree, or within seven years from the time of election. The effect of this regulation, which partly arises from the monastic character of Collegiate foundations, has been already found most disastrous in depriving the University of tlie services of valuable men, and is likely to be still more so hereafter. If half the Fellowships were freed from such restrictions, quite enough would remain to fill such College offices as could be most fitly discharged by Clergymen. It is very improbable that half the Fellows would ever be Laymen, even if they might. Residence should be enforced during two years out of every three, at any rate after a Fellowship had been held for four years, during which time it might be supposed to assist its possessor in entering a profession. III. Restrictions of Property. In many of the College Statutes there occui's a clause making poverty one of the qualifications of eligibility to Fellowships. In some of the older Statutes it is required that a Fellow shall not be possessed of property exceeding the value of 20v. ; in later ones, of bl. These restric- tions have often been interpreted to mean that a Fellow shall not be possessed of landed property exceeding the value of his Fellowship. These restrictions are at present purely mischievous. Poor men, in the sense of the Statutes, are scarcely ever elected, though disputes often arise respecting the comparative eligibility of candidates who have wealthy relatives, or family livings in prospect, or small reversions on the death of their parents, and those who are practically in the same circumstances with them. Such disputes are a great evil, as they tend to do away with the standard of merit in the election to Fellowships, and create jealousy and suspicion. If a rich man, with many inducements to indolence, is willing to distinguish himself, and become Fellow and Tutor of a College, the interests of education cannot be better served than by placing him in such a position. IV. Elections from favour. At Cambridge, stich elections are, it is believed, absolutely unknown; wdth ourselves, they are the disgrace and abuse of the University, happily confined to certain Colleges. Any measure of University reform that left this evil untouched would accomplish but little. It may be sug- gested, as a remedy, 1. That a strict examination should in all cases precede the election: the papers of the Can- didates to be preserved, and referred afterw’ards to the Visitor or his Commissary. 2. A solemn declaration should be required of each of the Electors that in voting for a par- ticular person they are influenced by no other motives but a regard for moral and intellectual qualifications, and the interests of education. The objections often urged against these proposals in conversation are “ the fear of destroying the distinctive character of the College,” “ the evil of a society formed solely of intellectual men,” “ the too great numher of the Fellowships, if all were thrown open,” &c. The last objection may be met by appropidating a part of the revenues which su{)port the Fellowships to other objects. Supposing the average tenure of a Fellowship to be 10 or 11 years, ^ gives an average of about 50 to be filled up annually. It would be impossible to find 50 persons every year who deserved or would make a good use of a Fellowship. On the other hand, there are far too few Scholarships and Exhibitions; and we can hardly increase them too much, either in number or value, as tliey are a real stimulus to industry, and a great assistance in diminishing expense at the time when this is most needed. Experience shows that exceedingly few persons are really fitted for a literary life. He who writes a bad book cannot be thought to have conferred any great benefit on society. V’’et even this “fruit of endowments” seldom results from the leisure of Fellowships. To wait for a country living, and to obtain it when he is unfit for it, is the most common fate of the College Fellow. It is impossible to avoid contrasting this misuse of property with the other side of the picture. With revenues, it has been said, greater than those of many a German principality, there is no position in Oxford in which a scholar or philosopher, or literary or scientific man, can find a livelihood sufficient for a family. Althougl) not connected with this subject, I take the 0 ))portunity of remarking, in conclusion, in reference to the Collegres, the wreat need of efficient visitation. I am not aware of any EVIDENCK. 37 instances in which tiie Visitors of Colleges have either determined or inquired into matters not referred to tliem for inquire ; and have never iieard of any Visitor conducting an examination into the affairs of a College personally on the spot. Under this system, it can scarcely be matter of surprise tliat the elections to Fellowships have otten degenerated into nominations ot friends and relatives. Corrupt elections can only he put a stop to by the active interference of the Visitors. I would suggest the great advantage to be derived from their making a visita- tion in person once in two or three years; the power of visitation, unless exercised by them, being made liable to lapse to the Crown. IV. Professorial System. The object of increasing the number and salaries of the Professors is-— I. To induce eminent men from all quarters to take part in the^instructioii of the University. The unsettled state of opinion in Oxford during the last lo years is in great measure attributable to the want of a Professorial System. There have been “ no oracles at which to go and inquire.” All knowledge has been drifting towards theology; ami m theologvmtself no satisfactory result has been attained. With a body of eminent men in Oxford who might have formed the centres of opinion and of knowledge it is not likely that we should have witnessed the changes which we have done. ,i • II. Another object is to encourage persons resident in the University to carry on their studies with the view of hereafter filling Professorial Chairs. The College Tutor, who is in most cases waiting for a living, has no inducement to study beyond what is necessary lor the preparation of his lectures. i III. To provide a superior kind of instruction for B.A.’s and more advances undergraduate At present the Tutorial System, however excellent, is tar from wholly accomplishing its ends. It cannot be expected that 70 persons can be found capable of giving efficient instruc- tion as Tutors of Colleges, or that any one can give instruction of the best kind who is obliged to teach so many subjects, and give so great a number of lectures indepeimenl ly ot other occu- pations as is ordinarily the case with the College 'I'utor. A Professorial System atlords the opportunity of raising the standard of the Teachers, and at the same time giving them the requisite leisure for the pursuit of study. The further advantage is gained of diminishing t e Tutor’s work, and also of stimulating him to compete with the Professor. Many persons can never be found who will teach so well as the few, while, on the other haml, there are parts ot education in which individual care and assistance is needed, and the services ot many are necessary and useful. ^ ... . I see no reason to fear that anv increased activity in the Professors will cause a collision between them and the Tutors. Difficulties of this kind will adjust themselves as they have already done, in cases where the lectures of Professors were of such a character as to collect a considerable class. In the first place, it may be remarked, l^o spheres are partly different. On many of the subjects of Professorial Lectures, the Colleges afford no nieaiis of instruction. On other branches of knowledge, such as T'heology, Classical Literature, Historjq Philosophy, which are common to T’litors and Professors, the Professors lectures might be reserved for Undergraduates in their third year, and for B.A.’s. In this way, it may be expected that private tuition will be in a great measure superseded for the superior class of students; also that the number of resident B.A.’s would considerably increase it the Professors lectures afford an inducement to them to remain. To which may be added, that 1 rofessors and Tutors when engaged on the same subjects would treat them difllerently. Many subjects of instruction naturally divide themselves. Latin and Greek composition, written exercises generally, would fall under the superintendence of the College Tutor whose business it would be to take up and perfect the education of school. Ethical and Logical Science could be as well or better taught in Professorial Lectures alter the first elements of thoni had been received from the College Tutor. The object of a Professor is not so much to obtain crowded classes, as to give a higher kind of instruction. It vvould destroy the cha- racter of Professorial teaching to make the Professor a Tutor to poor Students, who from their imperfect previous education stand in need even more than other Students of individual It is neither to a system of Professors or Tutors that I should trust for improving the instruction of the University, but to both together acting in connexion with each other. To give up the i utorial System would be to aive up a great good which already exists, and is closely connected witli the peculiarity of the English Universities as an assemblage of Colleges. n oieign rities the Professorial System has been resorted to, not from choice, but from necessity. Uur wealth gives us the means of combining the two, and of carrying out the spiiit o eac i perfectly. The Tutor begins the vyork which the Professor is to take up and complete. 1 he former will have more time for personal acquaintance with his pupils, while t e attei wi e freed from the drawbacks, which in a Scotch or German University destroy half the advan- tages of a Professorial System, and will be enabled to work more profitably from having an audience' better fitted to receive his instructions. In establishing new Professorships (not Theological), it appears to me unnecessary ttiat religious tests should be required. There seems to be no reason to fear in scientific men any peculiar hostility to our ecclesiastical institutions, while, on the other hand, their habu ot mind renders them averse to such restrictions. In this way only can we iu fi t le injunction w iic Sir H. Savile lays upon his Trustees, that they should seek for the fittest persons out of the whole world. It would be of little use to multiply Professors of Physical Science if such men as Liebig or Farada.y were liable to be excluded. 21 ev. H. Jowett, M.A. Visitation. Professorial System. Uses of Professors. Defects of Tutorial system. Means of com- bining the two Systems. Tests for new Pro- fessors inexpedient. 38 OXFORD UNIVERSITY COxMMISSION. Rev. B. Jowett, M.A. Professorships wanted. Whence are the funds to come ? College Revenues. Proper position of Professors. Mode of appoin'- ment. Best and worst modes of appoint- ment. Payment. Deputies. Residence. Remedies for inefficiency. Professorial Fund. Number of Professors. — The present list of Professors, amounting to 30 in number, omits several important branches of knowledge; — Latin. Comparative Philology. English Literature. Geograpliy. Ethnology. To which may be added subjects forming part of the ordinary studies of tlie Universitv, in which more than one Professor might be profitably engaged, e. q., Greek, Latin, Ancient His- tory, Modern History, Philosophy, with a similar division info Ancient and Modern, Logic. A greater division of labour seems also desirable in the Profe.ssorships of Physical Science. Considering the importance of the subject, and the difficulty of obtaining goocl instruction in it, a second Professorship of Hebrew is much needed. For these Professorships funds have to be provided, and yet more for those already in existence, which, with the exception of those of Theology and Sanscrit, are very inade- quately remunerated. S\ hence are these funds to be obtained ? College revenues, now so entirely dispropoi'tioned to the uses made of them, and in seme instances, as at All Souls, Magdalen, and Corpus, actually burdened with e.xfinct foundations for Professorships, are the natural sources to which we must look for the means. These might be obtained without any hardship to individuals either by the appropriation of Fellowships to the maintenance of Pro- fessors, or by a tax on the College property which the Colleges might be allowed to pay by suppressing a proportionate number of Fellowships as they become vacant. Whichever of these modes were adopted a great advantage would be gained by the Professorships being attached to Colleges, and the Professors being made College Fellows with the permission to marry. The incomes of their Professorships would thus be increased, and at the same time their services not lo«t to the Colleges of which tiiey might be members. No measure would do more to improve the Colleges and harmonize the Collegiate and Professorial Systems, at the same time that it would tend to remedy a great social evil in Oxford. In addition to this I would suggest, with a view to putting the Professors in their proper place (I) That they should form a part of the governing body of the University; (2) that they should have a share in the examinations, and thus acquire their legitimate influence on the studies of the Universitv. Mode of Appointment. — Any single mode of appointment seems objectionable. We have the best chance of avoiding jealousies and obtaining the fittest persons for Professors by com- bining several. It may be ])roposed — 1. That Professors should be appointed by the body of Professors as at Glaso-ow’. 2. By the Crown. 3. By the Chancellor of the Univer.sity. 4. By delegates of Convocation, as in the case of the Taylor Professorship. 5. By special Electors, such as those composing the Board for the election of the Savilian Professors, w'hich consists of the following distinguished persons : The Archbishop of Canterbury, the Lord Chancellor, the Chancellor of the University, the Bishop of London, the two Lord Chief .Justices, and the Lord Chief Baron. The second and the last of these modes appear to me the best ; that by a direct vote of Convo- cation would be generally considered to be worse than any of them, perhaps the worst of all, except the mode of electing the Margaret Professor of Divinity, who is appointed for two years by the B.D.’s and D. D.’s. In cases where there were two Professors, it would be desirable to have them appointed in two different ways, e. g., one by the Crown, the other by the University. Mode of Payment, ^'c. — The payments to Professors to consist chiefly of a fixed salary, partly also of fees from pupils. Part of the Professor’s salary, when he is past work, to be devoted to the payment of a deputy. Residence during term time to be strictly enforced ; the requirement of it being relaxed only by a special permission from the Chancellor recommended by the Hebdomadal Board. It is a question often asked, “ How are we to obtain good appointments to Professorships? how are we to ensure even the ablest Professors working when they are appointed ?” The second question nui«t ])artly be answered by the first, and the first by vesting the appointment in the hands which have the most interest in the credit and success of their nominee. la cases of inefficiency competition should, with the consent of the Vice-Chancellor, be allowed to operate. Deputy Professors might also form a part of the system, whose fitness for a higher position would be thus tested. Where so few persons are qualified to compete, I should not, how'ever, be sanuuine about the effect of competition in attaining the desired object, and believe that the most effectual check would be gained by a report from the Professor of the number and subjects of his lectures, as well as of the average number of his pupils, together with a statement of his other employments in connexion with his Professorship, to be referred first of all to the Hebdomadal Board, and through them to the Privy Council, and published. Professorial Fund. — In addition to the increase of Professorships, I would suggest the creation of a fun.l to be applied to the following objects : — 1st. The appointment of occasional Professorships where the eminence of any individual in a particular department of knowledge might seem to justify it. 2nd. The purchase of scientific apparatus. 3rd. The foundation of scholarships and exhibitions, to be placed under the control of the Professors. 4th. The purchase or erection of houses to be annexed to the various Professorships. 5th. Pensions (with the obligation of residence during a part of the year) to eminent literary men, whether educated in the University or not. EVIDENCE. 39 Libraries . — Respcctins the Bodleian Library the suggestions I have to offer are 1st. That under certain restrictions the books should be lent out. riie experience of the Cambrid-iate charge ; in any other case, the difficulty of due superintendence presents a serious ol)stacle to “allowing Students to become members of the University, and to be educated at Oxford, without subjecting them to the expenses incident to connection with a College or Hall.” d'here is some confusion in speaking of the Tutorial System as opposed to the Pro- fessorial System of teaching. The College Tutor is truly the College Professor. It seems reasonable that the Head of a College or endowed Hall, to which Students by choice resort, should claim the right of determining, to whom the care and instruction of the same should be consigned : and in the event of the contemplated extension of the University by the opening of new and independent Halls, it would afl’ord ground of honourable emula- tion among the Colleges, and of most creditable distinction, that this or that had Tutors of eminent character and talents ; whilst to residents in such new Halls and private homes, the I'niversity Professors might act as Teachers by either gratuitous instruction, or on a scale of fees to be determined in accordance with the nature, conditions, and amount of their endowments respectively. With reference to the government of the University by a Board claiming the exclusive right of framing and proposing legislative measures, it is to be observed, that by the constitution of the present Hebdomadal Board, the interests of those members of the several Colleges and Halls who constitute the respective corporations and enjoy the endow- ments of the same are exclusively represented, each member of the Board being (with rarest exception of one or other Proctor) either Head or Fellow of their respective Societies. And looking at it in another view (to be deemed perhaps of minor importance), Avhile the interests of Theology and Civil Law are secured by the care of the Heads (Graduates in one or other of these faculties), and those of Arts by vigilance of the Proctors, to whom, conjointly, a positive “ veto ” is permitted ; those of Medicine arc left to the care of parties who have no immediate concern in its prosperity. That care should be taken that all public teachers be competent and active to teach whatever Convocation has decreed requisite for admission to the several degrees which it has authority to confer is indisputable ; but it does not a])pear that argument against the existing modes of appointing the several Professors is adducible from the incompetency or other insufficiency of those who have been so appointed, nor is it to be feared that the influence of public opinion will ever fail as a security against dishonest or undue partiality in discharge of these trusts ; and, on the other hand, it savours somewhat of tyranny to deny to any one the liberty of availing himself of whatever private aid his inclination may prompt, and his means enable him to secure. The odium and injustice of class privileges and the consideration that the education of those on whom the duties of high social position have fallen is certainly neither less important nor less difficult than that of other classes, while, at the same time, the cost of its acquisition is to the parties for the most part a matter of very little or even no moment, alike condemn the indulgence which the University concedes to the sons of peers and others by “ diminishing the length of time required for the first degree.” Formal examination of the Candidates for Matriculation has been long earnestly and publicly advocated as the surest security against the scandalous fraud and consequent irretrievable evil of incompetent school-proprietors, and the measure seems to be at the present date no less advisable than heretofore, seeing that it has been thought well to notify authoritatively to young men, of from 17 to 19 years of age, that a knowledge “ of the principles and practice of Arithmetic, including Decimal and Vulgar Fractions, the Rule of Three, and its applications,” will be required of them at an examination to take place not later than a year and a half subsequent to Matriculation. JAMES ADEY OGLE, M.D. James Adey Ogle, M.D. Professorial and Tutorial Systems. Constitution. Hebdomadal Board, confined to Colle- giate interests. Medical Faculty neglected. Appointment op Professors. Matriculation Examination. Answers from the Rev. Mark Pattison, M.A., Subrector and Tutor of Lincoln College. Gentlemen, I HAVE to acknowledge the receipt of a printed circular dated November 18, 1850, requesting me to communicate with you on the subjects of your inquiry, and directing my attention specially to 16 points therein enumerated. In compliance with that invitation, 1 beg to submit the following remarks. or the wide field of observation which your specified heads of inquiry open, I have con- fined myself to such as touch on the University as a place of education, to the exclusion of all topics in which the constitution of that body as an academical corporation for the encourage- ment and maintenance of science and letters is involved. I may add, that though these few observations have assumed a theoretical form, the conclusions advocated are the bona fide results of personal work under the existing system. Question 6 proposes an option between three — three, for No. 4 may be dismissed as not contemplating a course of education terminated by a certificate — modes of extending the benefits of the University to a larger number of students. Of the proposed plans — 1. Flails, 2. Lodg- ing out of college, 3. Matriculating members of the University unconnected with a College — No. 2 appears to me to be the mode which would most readily and easily be adapted fo our present position and needs, giving a large amount of relief without organic change. Its effect, however, at first would probably be, not so much to extend the benefits of the University to a larger number of students, as to distribute the existing number differently between the Colleges. If the restriction exacting et cubile for sixteen terms were removed, many Colleges would admit almost immediately double the number of students, who would be withdrawn from the 3 G Rev. Mark Pattison, M.A. University EXTENSION. Lodging out of College the most advisable plan. , 42 OXFORD UNIVERSITY COMMISSION. Rev, Mark Pattison, M.A. Insuflaciency of increased accommodation in Colleges, or of new Halls. Residence within College not essential to Collegiate, discipline. Origin of Colleges. suppl}^ partly of Cambridge, partly of the other Colleges in Oxford. If without entirely abolishing the obligation to residence, eight terms only, instead of twelve, w’ere to be exacted, it would enable us to increase our numbers by one-third, and so do something towards intro- ducing the principle of competition, and give schools and parents a freer choice of Colleges than they now possess. If it be true that expensive habits and indiscipline would always be attractions to a certain class of students, it would still be the effect of this regulation that the difference between the lax and the regular Colleges would be broadly marked, and no student would be driven, as many now are, to enter at a College which was not suited for him, only because he had not applied elsewhere early enough. This very simple amendment of the present statute, which should substitute eight terms for twelve, or what would be better, six terms of nine weeks each (the present four grace terms being abolished of course), would thus, without any change in the system, do something towards giving us elbow-room. It w'ould not affect the position of the student, who, as it is, not unfrequently for two or three terms comes in to sleep, but lives out, rendering a nominal compliance with the letter of the statute. But so far little would be done towards extending the benefits of University education to a larger range of students. It would rather re-distribute than increase the supply. For this purpose one or other of the three modes proposed by you must be had recourse to. To No. 1, the permission to open new houses of reception, one does not meet w'ith any objections but such as are based on such narrow considerations as the University assuredly cannot entertain. But though this method, as appearing at first sight to assimilate best with the existing system, and to be least of an experiment, may be unobjectionable, there is reason to anticipate that it may be an inadequate provision for the proposed end. The cost and the difficulty of obtaining houses large enough to hold any considerable number of students, and that of building would be still greater, ■wdll make this mode of relief very slow in its operation to say the least. To take in but 250 additional would require 12 to 15 houses capable of accommodating about 20 inmates each. There can be no doubt that men can live in common for less than they can separately, but only under the most favourable circumstances, where the freest competition acts to beat down rent, service, and supplies, and where the domestic economy is under the management of a person of experience, having no other duties. But, not to quote the clubs, whose extravagant management is well known, even in London, only such of the new lodging-houses as are on the largest scale are found to return their outlay. And in Oxford, where rent and prices are artificially enhanced by the long- standing University monopoly,* I do not believe such an establishment under the management of a principal, who must necessarily be selected for other than fiscal qualifications, would be found remunerative. With time, and perfect freedom of competition, a reduction might be expected. But the material and pecuniary difficulties which would have to be contended with at first, would seem to make this method one of very doubtful efficacy. But even if these obstacles could by the liberality of new benefactors be overcome, it is not worth while creating them for the sake of overcoming them, when we have in plan No. 2, what I believe to be a perfectly safe and unobjectionable method of immediate and unlimited exten- sion. I am aware that an impression in favour of domestication within College walls is very general among parents and guardians, and prevails even among ourselves in this place. The advantages of which such a system is capable, must indeed be rated very highly. And the general imitation of the collegiate system in recent educational experiments in different parts of the country shows that some advantages are not imaginary. But it appears to me that the advantages actually realized by this system are not at all dependent on mere intramural resi- dence, and that this may be safely given up without any sacrifice of these benefits, provided the connection of the student with a College or Hall be maintained; that plan (No. 2) would be only an extension of, and not a revolution in, our present system ; that though the preamble of our statute (Tit. iii. § 1) is true, “ Cum ad eruditionem et disciplinam ingenuam pro- movendam plurimum conducat ut Scholares non solum sub publico, sed etiam sub private regirnine contineantur,” this does not necessarily carry the “ Statutum est quod omnes Scholares in Collegio suo vel Aula victum sumere ac pernoctare teneantur.” Under the old system indeed, the theory and practice on which the intramural enactment was founded, other and further objects were aimed at than those at present intended and secured by the Collegiate system. The notion of a common life or intimate domestic relation between the inmates, the Monastic system, in fact, of which the Colleges in their origin were a modification, dictated this provision. The intramural system seems to be an integral part of a state of general society no longer existing, and it is no accident, but the alteration of manners, which has banished it from the continental Universities. Oxford, (and in a less degree, Cambridge) from having not so readily shared in the influences at work in the rest of society, has retained what all other Universities have dropped. The domestic system originated in, and belongs to, that time when society was formed on a system of dependence, a hierarchy of rank and caste ; when the great gave protection, and the little repaid it by attachment, “ affectionate tutelage on the one side, grateful and respectful deference on the other;” when the son stood uncovered in the presence of his father, when the household lived in one common room, where every member knew his place. To this belong the academical gradations of fellow-com- moner, commoner, semi-commoner, sizar, common servitor, &c., many of which have merged already, while those which still remain, are felt to be incongruities. The Colleges are, his- torically, in their origin, an attempt to combine the Monastic life (as it prevailed in the end of the fourteenth and beginning of the fifteenth centuries) with the old Aularian life. The * This has been matter of complaint from the very earliest days of University existence ; and is inherent in the nature of the case. A fixed tariff, both for lodgings and provisions, was agreed upon between the University and city at least as early as 1194, and afterwards ratified by a brief of Nicolas Bishop of Tusculum, Papal Legate in England, in 1214. EVIDENCE. 43 Original idea of a College life does not exist any longer. The Tutorial in- fluence dissolute morals and licentious turbulence attaching to the latter, led in the first instance to RevMarh Pattison, each of the considerable Orders of Regulars maintaining, in or near Oxford, an inn to which M,A. they might safely entrust their own catechumens and dependents during their University course. These Monastic Hospitia naturally suggested the idea of combining the students inn with a Monastic Institute in which the University studies and exercises should be the occupation of the brotherhood. This union gave birth to the College. So that it is not correct to suppose, as is sometimes done, that the founders of Colleges did not contemplate as an object of their foundation, the reception of students. The perfect idea of the Collegiate system proposed to take up the student from quite tender years, and conduct him through his life till death. A College was not divided into tutors and pupils, but like a Lacedajmonian regiment ‘ko.v ap')(ovT£Q ttmv, all were students alike, only differing in being at different stages of their progress. Hence their life was truly a life in common, with a common direc- tion and occupation, and subject to one law. The seniors were at once the instructors a,nd example of the juniors, who shared the same plain food, simple life, narrow economy, looking forward themselves to no other life. And in that mode then was obtained that which, then as now, constituted the truly invaluable element of the College system — the close action of the teacher on the pupil, of the matured character on the unformed, of the instructed on the learn- ing mind, not indeed without a very beneficial reaction of the young on the aging man, an influence not unknown to the great and experienced men who originated and promoted Col- leges. This insensible action of the teacher’s character on the pupil’s is the most valuable part of any education ; and any scheme which involved the loss of this influence would be much to be deprecated. But it is contended that this influence is not now exeried by the body of Fellows on the Undergraduates. College life has ceased to be the life in common, even for the Fellows, that it once was, as between the Fellows as a body and the students it creates no society whatever. Our existing system of College habits so far separates the Undergraduate from the Fellow, that his merely being lodged under the same roof makes him no real member of the family, brings him into no contact with his seniors. The relation between the student and the College official is, in general, as distant and technical as that between the officer and the private in our army. The young men associate with, and form one another’s character mainly. There remains, however, a very powerful means of influence of the kind above described in the relation of the College tutor to his pupils, felt in some degree at present, and capable of still greater extension. But this is incident to his function as tutor, and is in no way dependent on the circumstance of the Undergraduate being accom- modated within the walls. It might be favoured, certainly, by the pupil doing what he does not do now, living with the tutor. But it would exist exactly as it does now, let the pupil be lodged where he would. Indeed little as are the restraints and obligations which College discipline professes to impose on the student, the body of resident Fellows are too often an obstacle in the way of their enforcement. If there be any action of the character of the Cor- poration of the College on the student, its value must be entirely dependent on the fersonnel of that Corporation. It is to be feared that the moral and religious standard w'ith which a well-disposed youth comes up from a pious home, would not be elevated by close and habitual intercourse with the Senior Common Room. The habits and manners, therefore, which gave the conventual system its good effects being- changed, we must not think any virtue resides in its mere forms. If little or nothing of moral influence is obtained by intramural residence, neither is the College gate any mechanical security against dissolute habits. The three great temptations of the place I suppose to be fornication, wine, and cards, or betting. Without exaggerating the turpitude of the first-named vice, yet every one who is aware of the amount of moral and intellectual prostration traceable to it here, must wish that every protection against temptation should be afforded to the weak and unsteady. It may be left to any one to estimate what amount of such protection is given by the necessity of being within doors by midnight : though here again the departure which modern habits have rendered necessary from the rule which is still on the statute book, will exemplify what has been said of the actual obsoleteness of the domestic system. And the alterations in the position and functions of a College officer will be felt by imagining a head of a house at present discharging the duty thus made incumbent on him by Tit. xv. § 6. “ Statutum est quod omnes scholares cujuscunque conditionis quos occasione quacunque extra Collegia sua vesperi agere contigerit, ante horam nonarn ad Collegia propria se reci- piant; et quod statim a pulsatione magnse Campanae ..^d. Chr., singulorum Collegioruni portae occludantur et obserentur. Quibus occlusis explorent, si ita res postulet, .^diuni Praefecti, perlustratis singulorum cubiculis, (ex Praescripto S. Regis Jacobi,) utrum e suis aliqui extra Collegium suum pernoctent seu vagentur.” While then it appears likely that the system of halls would be a slow, cumbrous, and in- adequate means of University extension, and there is no reason to anticipate that our existing standard of morality would be lowered by the lodging of the students in the town, it is -sug- gested that both these plans should have a fair trial. Instead of guessing in the dark at their The time now come probable effect let us make the experiment. Let it not be forgotten that we diverted the Great expeiimen . Western Railway to Didcot from fear of its bad effects on our discipline. What is urged is not the creation of any new machinery, not that the University should undertake to do anything more, but that an oppressive restriction should be removed, and the field thrown open to private enterprize and energy. When free, this will speedily run into the best channels. Let us leave Halls and Colleges, old and new, all with unlimited liberty of admission to work together, and trust to the power of self-adjustment in things which will bring to the surface the capabi- lities of the several methods. It might be allowed for 10 years ; nothing will have been done that cannot then be recalled. If the evil now anticipated should be found to result from lodg- ing in the town, we shall then be warranted in recalling the students within the walls, and shall 3 G 2 alone useful now. Chief temptations of young men, scarcely diminished by living within walls. Obsoleteness of the domestic system. 44 OXFORD UNIVERSITV^ COMMISSION. Bev. Mark Pattison, M.A. "Which should be made upon a large scale. Great importance of extending the University. Police Act of 1829. Need of new class of studen's. Objections to the admission of Students uncon- nected with College or Hall. be supported by public opinion in so doing. Or private munificence, or government, would their more probably come forward to erect Hospitia to meet a proved need, than now to provide for a probable one. It might be found that both methods {i. e. halls and lodging out) would work well together, as accommodating different classes of persons. There would always be found per- sons who would be willing to pay the existing high rates for the advantages they believe to attach to domestication under our roofs; while all that class who cannot afford 120/. to 150/. per annum, but who could afford from GO/, to 80/., would, by this single enactment, be admitted to the general benefits of University education. It is incumbent indeed on a University to be cau- tious and deliberate in all its proceedings. But experiments are not necessarily rash — there are wise ones — there are even wise experiments in legislation which do not answer, and then to desist from them involves no disgrace. On the other hand, nothing would be more feeble than for us to emerge from this crisis of opinion with a scheme of paltry reforms. A great measure vin- dicates itself, and helps its own success. The present is a moment which may be made very decisive. I would earnestly press, not indeed the more comprehensive measure which one could wish lor, — for that the public mind either in the University or the country is not prepared — but such an extension as will at least set agitation on that subject at rest for some years to come. We, in Oxford, are weary of scheming, suggesting, and pamphleteering. Give us leave to be doing something. Untie our hands and open our gates, and let us at least try if we can attract here, and can usefully deal with that larger circle of youth whom we are told we ought to have here. If only a little relaxation is given us, and if then our numbers do not increase, it, will be impossible to avoid ascribing that to the usual abortiveness of half-measures. But, indeed, the utmost that is now’ asked lor is truly little. The ideal of a national University is that it should be co-extensive with the nation — it should be the common source of the whole of the higher (or secondarv) instruction for the country ; but the proposed measure would, after all, only go part ol' the way towards making it co-extensive with that part of the nation which supports the established Church. If we can only draft in 500, say 300 students (additional) from a class w’hose education has hitherto terminated with the national school, or the commercial academy, “ the good that would be effected by acting even on this moderate scale can not be represented by figures. It w'oidd be the beginning of a system by which the (University) would strike its roots freely into the subsoil of society, and draw from it (new) elements of life, and sustenance of mental and moral power .” — Gordons Considerations, ^c., p. 45. This might form a fit occasion for the review of the Police Act of 1829, under which the University maintains, at a disproportionate expense, a very inefficient force. Besides 1,000/. a-year, the cost of the Procuratorial staff’, we incur an additional expenditure of nearly 1,500/. per annum as our share of the police constabulary force on behalf of under 2000 of the popu- lation, resident not more than seven months, while the city, on behalf of a population of 28,000, contributes not more than 600/. or 700/. But an addition to the numbers of our students would be very little benefit to them or to us without a corresponding tension of the amount of instruction inculcated and required of them. Our embarrassment is already so great with that large class who, by the time they come here, have lost all taste or capacity for any species of improvement, that we should not seek to increase their numbers. It is not so much an addition to the numbers that we want, as an enlargement of the classes from which we draw our supply. But a higher standard of requirement at entrance, a more imperative enforcement of study while here, and the elimination from the body of resident fellows, of that portion which is alien to any intellectual pursuit, are objects to be aimed at in any scheme of University reform. We could not wish to see the whole secondary instruction of the nation in our hands, while it is at least doubtful whether our corrupting and enervating influences do not preponderate over those which invigorate and elevate the mind. But a large influx of numbers would of itself probably give an impulse to study. It is impossible to calcu- late the intellectual stimulus that might be communicated by opening the University to the nation and to the w’orld, and allowing the full and entire play of free competition in instruc- tion. It is freedom, indeed, rather than numbers, that would increase our power and elasticity. It may be said, then, would not scheme No. (3) give us this freedom much more fully than that for w'hich I have been contending, viz., Nos. (1) and (2) allowed to work together. The consideration of scheme No. (3), viz., to allow students to become members of the University unconnected with any College or Hall, must be joined with that ol the topics suggested in your questions on the Professors and Private Tutors. I wish to be considered as iavourable to schemes Nos. (1) and (’2), either of them, or both in conjunction, and opposed entirely to the principle of No. (3). And this is not inconsistent with anything that has been said on the subject of restriction. I have not been advocating the removal of restriction as such, but only of restrictions w'hich have the effect of keeping out numbers wdio w’ould otherwise come here. Our present system makes the accidental extent of our present buildings the limit on our numbers. I have been arguing against the statute which compels the Colleges to lodge and board their members — against the boarding system, not against the collegiate system. What is wanted is the removal of restrictions which exclude students, not of such restrictions as are directed to guard and uphold the value of the instruction given. Now scheme No. (3) would be nothing less than the substitution of the Professorial for the Tutorial system — of the University for the Colleges. Nos. (1) and (2) would be an extension of our present system; No. (3) would be an entire revolution in our system, and one, I believe, of a most mischievous kind. It would be virtually destroyincr a peculiar and most valuable feature of the English Universities. I am not comparing Professors and Tutors personally ; but the system of delivering courses of original dissertations to a miscellaneous audience, with that of leading the student in classes carefully selected to master for himself some of the standard books in the various subjects. Alany Professors and Private Tutors, indeed, occasionally adopt the latter. EVIDENCE. 45 which we may call the catechetical method; and vice versa, the College Tutor is often tempted Rev.Maj^t Pattism, to substitute for the dry and laborious exercise of construing and analyzing, the more agree- ‘ able task of dictating to his class an extempore dissertation on a favourite topic ^ history or j-jgfggig the philosophy. But the two systems may be fitly contrasted as the Professorial and 1 utorial. I professorial find myself here again obliged to dissent from a prevailing inclination in favour of a partial system, return to and revival of the Professorial system ; both theory and experience leading me to the conviction that the Tutorial is the true instrument of education. Much has been said and written of late years on the revival ; Professors anxious for classes have made urgent appeals to the University; and attempts have been made by recent statutes to compel the attendance of the student. So far as these attempts originated in concern for the Professor, they are an unjust sacrifice of the student to the lecturer’s natural wish to have an audience. So far as they rescue the hour from novel-reading or lounging, they may be even beneficial ; but if steps towards a general rehabilitation of the Professorial method, they are not even harm- less. If Professorial Lectures were a mode of teaching directed towards the same end as College Lectures, and an inferior mode, they might be safely left to their fate; any attempt to revive them would fail. But the mischief of the Professorial system is that it implies a different idea of education ; that it aims at, and is the readiest and easiest way to, a very inferior stamp of mental cultivation, but a cultivation which from its showy, available marketable character, is really an object of ambition in an age like the present. The question between the Professorial and Collegiate lecture is not as to which is the best mode of giving that , species of training which both Cambridge and Oxford now by their respective methods profess or to give, but whether we shall disuse that training altogether. The Professorial and 1 utoriai Tutorial instruction, methods represent respectively the education which consists in accomplishment and current information, and that which aims at disciplining the faculties, and basing the thoughts on the permanent ideas proper to the human reason. This is no fanciful or merely metaphysical dis- tinction ; nor is it wished to press too far the admitted difference between information accumulated in the memory and acts of understanding and reasoning (see Whewell on Cani- brido-e Education, sec. 110, to whose weighty remarks, indeed, I can add nothing) ; but if any one should question the practical reality of the distinction let him turn to Annerica, and let him ask, What is it which— in spite of the genius, ardour, energy, and wonderful achievement of the new people — makes us all sensible of a woful and desolate blank in the national character ; how in startling contrast with a mechanical and material development of vigorous youth, we find a poverty of thought, a soulless literature betraying imitation, rhetorical feebleness, and all the vices of a decaying civilization? Whatever other causes co-operate, we cannot err in seeing in this a want of that higher idea of education which this country has still kept alive, even through periods of mental torpor, in our Universities. When they have ifone least, they have at least witnessed by their system to the notion of a liberal education which modern Europe inherits from the ancient world. This ideal of education “the nisus formativus of the body politic, the shaping and informing spirit which educjs and elicits the latent man in each member of the community”— is one which, as it originated in a profound study of the nature of the mind, can only be appreciated by the maintenance of that study and knowledge. It needs protection therefore. There is no natural demand for it. The piessure and competition of actual life not only do not call for such an education, but have a continual tendency to substitute for it the more immediately available education of professional skill and accomplishment. To secure this popular education, the State has only to remove intellectual obstacles, and leave it to the operation of the law’ of supply and demand. Remove restrictions from the Universities, and they will contribute their share towards popular education. But t his is not their proper btisiness, and has never been regarded so among us. The higher education is that which the Universities seek at once to give, and to give the means of appreciating, and in this function they need protection. It is on this ground that I desire the utumst liberty and extension which the Collegiate system admits of, while I deprecate the erection of the Pro- fcSS01*13-i America has been instanced only as the most patent example of the defect of the higher cultivation to meet by a tangible fact the objections always brought to considerations of the class now insisted on, that they are fanciful and far-fetched. But, in fact, the more popular notion of education has been making rapid encroachments among ourselves since the great alteration in our examination system, in Cambridge at the end of the last, here in the beginning of the present century. And its working may be fully seen in the University of France, and most of those of Germany. In France especially, where the peculiar political condition which in Germany has forced the national energy towards literature, has not existed, the effects of the prevalence of the superficial idea of education may be unmistakeably recognised. Not only is genuine erudition in any branch of knowledge a rarity in France, but it is comparatively unappreciated when it does exist. And the chaos of speculative politics in which all piinciple of government in that country is lost, is to be ascribed — not to the absence of any general inculcation of some one political creed, but to the want of any profound study of mental and moral science. The popular education every man receives, enables him to understand the terms of politics so far as to think and argue on the subject, but is not enough to ground him in the principles of the science. Few men, again, are so little patient of sustained mental laboiu as the average educated Frenchman. But the education at which tneir secondary insti action aims is well enough attained. The surface of the mind is polished, a finisli of expression, readiness of conception, and a general acquaintance with scientific terms, is widely diffused. A diversified information on useful topics is generally possessed, among which a broad knovyledge of historical characters and epochs is not the least meritorious. An education that aims at this result is fittingly conducted by the facile process of lecture-hearing. ^ The student s ease is consulted by his being called on for no greater mental effort than attention to what the Pro- 46 OXFORD UNIVERSITY COMMISSION. Reo. Mark Pattison, M.A. The real objects of Professorial leaching are the diffusion of popular knowledge, and (.in a University) the advancement of science, not the instruction of Students. Changes of Educa- sion at Oxford and Cambridge. Substitution of Classical taste for Logic, and of Philosophy for Classical taste. lessor is compelled to put in its most captivating dress, and his vanity flattered by the deference paid to his known tastes and sentiments in the endeavour to secure this attention. The boy sits on the benches of the amphitheatre as judge and critic, and not as pupil. But I have no wish to depreciate this species of education, which 1 would willingly see much more widely diffused in this country, but in its proper sphere, for the classes, that is, whose callings in life w'ill not admit of the more protracted proce.ss which a solid education requires. But I fear we are in danger of forfeiting one of the greatest privileges which this country derives from its still holding onto the traditions of the older civilizations, if w^e think to substitute in the Universities this lecture-room polish for the much more athletic discipline of our old grammar-school system. liach system has its own place ; they should not be rivals; the one for the mass of the people, the other for a cultivated clerisy. If the University can do anything by the way for the diffusion and popularization of knowledge, well and good; and this is the proper object of Professorial lecturing ; but they should never lose sight of their higher functions, that of sustaining the student through a long course of painful and rigorous discipline of the intellect, towards which the Professor’s chair can render little, if any, help. For the former object, the so much called-for Professorial lecture is the best and readiest machinery. In a system which attaches itself to the latter aim, a Professorship holds quite a different place. The Professor then is not the organ of instruction ; he is the man of greatest attainment in his branch, rewarded and withdrawn from instruction to enable him to devote himself to the cultivation of the more abstruse parts of his science. The Professor, as lecturer, has to deal with the superficies of his subject, and has his function in the superficial or popular system of education. The Professor, in our higher education, has his function in sustaining and advancing science, and representing its actual condition. In saying that the Professorial lecture belongs to the superficial or popular education, and that the tendency of late years has been an encroachment of this popular instruction on the old academical system of training, it may be objected that I am inconsistent with the fact that the Professors have more and more fallen into neglect during the same period. But the true explanation of the emptiness of the Professor’s class-room is the growth of the system of private tuition. 4 he Private Tutor does the same thing as the public lecturer, but better, — better, that is, for the student’s purpose. The Private Tutor and the Professor in the branches on which the examinations turn, are rivals in the same method of teaching. They both dispense with the student’s own efibrt, at least the more sustained degrees of it, by supplying him ready dressed for his “paper-work” the matter and the formulae which he recollects and writes down. The Private Tutor (as his business is now understood) and the College or Catechetical Lecturer are rivals also, but as representing the two different systems of teaching. It is the business of the latter to make the student work out a subject or a text author for himself; it is the business of the Private Tutor to pack into his memory the ready-made results of labour, to enable him to pass an examination as well as if he had worked out the subject or author for himself. Of course, in the latter mode of proceeding, the reason will be indirectly cultivated through the memory; just as in the. former, rides must be learnt and applied before they are understood. But that is incidental only. The change in Oxford has been precisely parallel to that at Cambridge, in which the possession of neat analytical formulae, and the employment of abridged systems of notation, has been substituted for geometrical mathematics. The same fundamental revolution has occurred in Oxford logic. Under the old school system, coeval with the rise of Universities in modern Europe, “ logic” implied a training in reasoning. The disputations, whatever else they neglected, communicated a habit of exact thought. The mental discipline in this method of education rested mainly on the logic it contained. When the Classical epoch superseded the Scholastic, the dialectical method of writing, it was soon found, had no chance with the public, in comparison of that which aimed at the graces and ornaments of style. Not till long after the schoolmen had been supplanted in the press by the new style, did the same influence reach the Universities ; and the dialecticians were supplanted by the rhetoricians. It was natural then that Logic should gradually fall into desuetude. But it is an erroneous inference which has been drawn from this fact (in a well-known article in the “Edinburgh Review” and other places), that the University power of culture had declined in proportion to the dis- use of this art. The engine to which our education trusted for mental discipline was trans- ferred from disputation (dialectical) to composition (rhetorical). Instead of being trained to argue, men were trained to write w'ith ease. The taste of the age obliged this change ; the University had no choice, but followed, though slowly and reluctantly as ever, the movement without. This was the epoch of Parliamentary eloquence and the classical statesmen, who were then among the direct fruits of the then Oxford system.* The old quodlibets went on indeed, but they had become useless and laughable forms long before they were abolished. The living power of the system, that by which it gave its education, was now in the viva, voce construing, and the writing exercises, prose and verse ; and, most important of all, in that thorough inculcation of the ancient models by which alone taste can be brought to perfection. The tendency of late years has been to a new revolution in the style of general literature ; followed, but this time much more rapidly, by a corresponding revolution in our educational method. Taste, ornament, style, classical purity are disregarded for reflection, a priori views, power of wide and rapid generalization — in a word, for philosophy. To use the favourite expression, words have given way to things. Logic is heard of again ; revived, it is said ; but it is a wliolly different thing from the Logic which in the old schools was so efficient an instrument of mental discipline. The old disputations were founded on that sound view * The present system, on the contrary, breeds better tutors and schoolmasters, but not statesmen. EVIDENCE. 47 of mental training which cannot be better described than in the following words (of the Memorab. iv. 5, 12) kuI to ^laXeyeadai oi'Ofiacrdfjvai tic rov rrvviot'TciQ koivi] l^oyXtveirdcu SiaXtyovrae Kara yivt) rd Trpdyjjtara. cilv ovv Trupuirdai on fiaXiara TrpoQ rovro^ eavrov troiuoy TrapacTKevd i^Eiv Kai tovto finXioTa tTiixtXtl.aQai, Ik tovtov yap yiyveadui avdpas apiarovs re (cat riyeiioinKUTCLTovg- Logic, as it is now taught, gives no direct training in reasoning, but is the philosophy of the process. The Logic of the schools was an organic, creative power, it is now almost wholly critical. So that to contrast with pride our logical attainments with those of the last age, when Logic was really a disused instrument,, is an entire misconception of our mental history. Whatever be our gains in other respects, we are in respect of our higher instruction in that third epoch which coincided with the decline of the Graeco-Roman mind. ‘‘ The experiment on education,” I quote Whewell’s words, ‘‘ which has^ been going on from the beginning of Greek civilization to the present day, appears to be quite distinct and con- sistent in its results. And the lesson we learn from it is this : that so far as civilization is connected with the advance and diffusion of useful knowledge, civilization flourishes when the prevalent education is mathematical, and fades when philosophy is the subject preferred. We find abundant confirmation of the belief that education has a strong influence on the progress of civilization, and we find that the influence follows a settled rule. When the education is practical teaching, it is a genuine culture, tending to increased fertility and vigour ; when it is speculative teaching, it appears, that however the effect is produced, men s minds do in some way or other lose that force and clearness on which intellectual progression depends.^ (English University Ed., p. 25, 1st edition.) This passage is not the less apposite, that it seems to confuse the contrast between two different subjects, viz., the moral and the physical sciences, with the contrast between two methods, the analytical and the deductive, of which latter contrast only we are now speaking. The subjects about which the student is employed here and at Cambridge, differ. The method prevailing is the same, and the process by ivhich analytical mathematics have superseded geometrical, exactly parallel to that which has sub- stituted at Oxford the present metaphysical logic for composition and dialectical disputation. As it is not always that one can have the testimony of those who have largely profited by a mode of teaching, to its fundamental defectiveness, I add that of Baron Alderson. Contrasting the old-fashioned style of examination for the Smith’s Prize, with the more approved one since introduced, he says, His style of examination was favourable rather to ready and quick students than to deeply read and learned ones ; and my subsequent experience in life leads me to think he was right in that course. If the University were intended solely or mainly to produce great philosophers in particular sciences or arts, he was wrong ; but if to bring forth men to do God service in Church and State, then that course of study and ex- amination which tends to bring out the most accomplished men ought to be pursued. Some of the present courses appear to me to be worthy of the sarcastic description applied to them : patent block machinery.” It is on this view of the comparative merits of the three instruments which have at difterent periods been used in our University training, viz., habituation in reasoning, or Logic^ and Geometry ; Composition, or the Classical method ; and thirdly, Philosophy, or the Critical method, that objection is taken to the revival of the Professorial system. A large apparatus of working Professors, if it succeed, will only give a stimulus to the unhealthy side of our present system. It will push forward instruction to the still further disparagement of mental discipline. But if, as I anticipate, the Professor will be beaten out of the field of instruction by his two great rivals, the new book and the private tutor, we shall but have encumbered ourselves at great cost and effort, with a large addition to that superincumbent host of academical dignitaries, whose names may adorn our calendar, but who count for very little in the education of our students ; and this be it observed, from no demerit in the Professor, but from the inevitable nature of the case. One objection should be here noticed, which may be urged from the experience of College tutors, viz., that the wonderful power of analysis in obtaining results in Mathematics, and the magnificent acquisitions of modern Philosophy (the analysis of thought), and Philology (analysis of expresssion), have, when merely presented to the student’s mind, a quickening, stimulating effect, which no other instrument of education in our reach has. To which may be added — indeed it is the same phenomenon — the intellectual activity^ prevailing in the German Universities where these results are attained, in close connexion with the Professorial system. The former is a part of our daily experience, and the latter is notorious. It rnust be answered — 1st. That no one questions the superiority of analysis as a mathematician’s instru- ment, or the high value of the appHcation of modern thought to the dry bones of the Greek or Latin Classics ; but we deny their being the right discipline for the learner. They are for the formed mind, the reward, not the means, of culture. How can even the beauty of an analytical formula be perceived without a previous acquaintance with the geometrical reasoning which it abridges? I,oia is the first and best of the sciences, but for those very reasons it comes last in order of acquisition. Mathematics {i. e. geometry) for the boy. Physics for the young man. Philosophy for the riper intellect. And 2ndly, the results which we adrnire in Germany, and the vivifying effect which we ourselves experience from the mere participation in the new views of recent speculators in Philosophy and Philology, is not to be ascribed to any superiority, or fitness for educational purposes in the views themselves, but to their being the product of the “ activity of thought and research of the teachers. ^ Because the new doctrines are expressions of advances towards clear insight and full conviction in the minds of the teachers, they are better doctrines for them, and enable them to teach better than without such an intellectual movement going on among them they could have done (Whewell s Cambridge Studies). For with all our admiration of the splendid development of German Philology, we cannot be blind to the glaring faults of their academical training, the absence of Itev. Mark Pattison, M.A. The bad tendencies of this change encouraged by the Professorialsystem. Iteu. Mark Pattison. M.A. The Professor is a less useful instru- ment of education than a book, a Private Tutor, and espeics; miaht, I believe, under good management, be made available lor all demands, and at all up an independent gyp^ts perhaps should be contemplated in any design as necessarily so to be ; the amount by which in any way it w'as relieved from being so, might be beneficially applied for endowment, temporary benefaction, or reduction of charge. Assuming that such Halls were constructed to accommodate 60 members, this, at 60Z. per annum each, would give an income of 3,600Z. Under existing prices — and 1 do not think we may expect articles of consumption to be much, if at all higher, except under extraordinary circumstances — such an establishment can be kept well, paying rates and taxes, servants’ wages, and every expense incident to house- keeping, for 1,600/.'; I should say, indeed, 1,500/., but we will take the balance above the 2,000/. then left. A Principal, and a staff of three Assistants or Tutors, and College officers, might divide 1,000/., the Principal receiving 400/., and each of the Tutors 200/. Though this, of course, is only laid down as an indication how such an establishment might be worked, its actual experiment might involve much modification and adaptation. This stipend would represent more than the same sum in existing Colleges; for the public meals, which would supply also a table for the officers, would exempt them also from all domestic charge. As there ought to be no such thing as private battels, there need be no such thing as separate accounts; all supply of items and distinct charges to the members themselves is by the plan itself rendered unne’cessary ; they can neither spend more nor less than what the system itself E.xpense to each proposes, and so can fairly be charged in the aggregate, heads or divisions of charge being member fio/. a-year. unmeaning and serving no purpose. 1 would then, considering the academic year as divided, for all practical purposes, into three parts, take 20 /. from every member for each part, he under- standing that for that sum he was to be fed, lodged, and supplied with such teaching. Professorial and Tutorial, as his status and object in the University required. There would be no difficulty in making such arrangement square with the relative subdivision of the Head and Officers sug- gested above, directly there was an intelligible academic scheme of education, with its involved Professorial staff, and the College teaching framed and conducted in subservience to it. EVIDENCE 59 One thousand pounds of the income would still remain unapplied, and this would certainly Rev. Bmld Melville, M.A. M.A. Surplus income to pay for capital expended. be adequate to paying a good interest on the capital expended, it not for gradually liquidating that sum after the manner of money advanced by Queen Anne’s Bounty. Though it is diffi- cult to fix the exact sum required because of the inability to conjecture the value of a site ; still, assuming that such is attainable on fair terms, 20,000/. would be sufficient for the raising and equipping such buildings as are requisite to carry out such work ; and for this you have the 1,000/. a-yea.r or .5 per cent, to offer, d rue, that this return depends absolutely on the success of the undertaking, and that there is nothing independent of such success to fall back upon, save the possession of the property — a condition that attends all ventures, and few with less inherent chance of failure ; it is little faith that is demanded, if only confidence be shown in the undertaking, and that by the University itself, proportionate to the value of its object.^ Thus miaht the plan of new Halls and Colleges be realized, and this would be the financial operation. '^At first, of course, nor perhaps for some time, they could not furnish their own^ instructors, but must look elsewhere. I do not anticipate much difficulty in this, especially it the system pursued academically encouraged more men to qualify for the work, and fellow- ships were multiplied, and, by their attainment, implied ability to carry on the academical work, multiplied, perhaps, by their being made terminable or permanent, according as indi- vidua’ls evidenced, or did not, a desire and power of being academically tiseful. It is obvious also that, if only the University recognized a general scheme of education, under and with which the College instruction felt itself working, by the intercommunion and necessary contact in the various schools of teaching which such system would involve, much of that exclusivenes' of older .and highly connected societies, which is expected to tell so prejudicially against those younger bodies, would be materially modified. As I have said, the w'ant of acknowledged identity of purpose, or indeed to most men of any obvious purpose at all, other than unrecog- Qpgat want nized, beyond the College walls of which they are members, has very mainly helped false and Oxford, injurious artificial condition. Also it is not out of place to observe how such Halls or Colleges, established solely for doing an useful work, and impressed in all their circumstances with this object, might help to correct the undue relation of the Colleges to the University which now, with evil consequences, obtains. • u j r Supposing such societies were put under the general management of the governing body of the University, of which body the Head or Principal of each was necessarily a member, the example and experience of their working solely in subordination to academic ends, with the strength which their true and earnest and hona fide character would impart to them, must act backbone would think, with the best effect on societies which want these characteristics. Lise of Halls. Answer from the Rev. Bartholomew Price, M.A., F.ellow, Tutor, and Mathematical Lecturer of Pembroke College, Oxford. Rev. Bartholmieu: Price, M.A. Constitution of TUB University. Sir, In reply to the heads of inquiry which I have had the honour of receiving through you from Her Majesty’s Commissioners for the University of Oxford, I beg leave to submit the following opinions and recommendations. . As it does not seem to me desirable to make any change in the length of the University Curriculum, either by diminishing the number of residence terms to fewer than twelve, or by allowing the B.A. degree to be taken at a period earlier than the present, my suggestions have reference to an University course of the length that it now is. With the exception of a matri- culation examination, which a proposed change renders at least expedient, if not absolutely necessary, I have not entered upon the subject of examinations, being desirous that in such matters it be left to Congregation or Convocation, or some other authorized body of the Univer- sity, to make those changes which it, in its discretion, thinks fit. For the sake of convenience I have arranged my communication under the four general heads of Universitv Government, Collegiate Foundations, Instruction, and University Extension. (A.) As to University Government, I think it desirable that the general feeling and opinions of the working staff of the University, including Professors and Tutors, should be more adequately represented in the governing body ; neither in the thing itself, nor in the practical working of the present system, do I know of any reason why the Hebdomadal Board should be restricted io the Heads of Houses, as it now virtually is. Also I think that the disposal of many Hebdomadal offices, such as Professorships, University Law Scholarships; that the Approval of Examiners Board, after Nomination, the Passing of Examination, and such like statutes, would be more ad\an- tageously entrusted to the whole body of Heads of Houses, Professors, Tutois, and to those who have charge of the discipline of the Colleges and the University, than to Convocation. And does not the mode of appointing Proctors require alteration? The present Procuratorial cycle is not suited to the relative numbers of the members of the Colleges; and I know of no reason why an University ojffice, of such responsibility and power, should be restiicted, as it now practically is, to Fellows of a College'; and of whom generally not the one best suited to the office, but the senior is appointed. Surely such officers should be chosen out of the whole body of Masters of Arts, of sufficient standing, whether they be on Foundations or not : hereby the University character of the office would be better recognised. I would suggest, therefore : That the House of Congregation, or some other similar body, should be placed on an efficient footing; that it be composed of the Vice-Chancellor and Proctors, Heads of Colleges and 60 OXFORD UNIVERSITY COMMISSION. Rev. Bartholotnew Price, M.A. New Hou'-eof C'ui^regation. New Hebdomadal Hoai'd. Advantages of the new Consiitution. Collegiate Foundations. Evils of close Fellowships. Halls, University Professors and Lecturers, Public Examiners and Masters of the Schools, the Pro-Proctors, and all College Tutors and Deans, the aggregate of whom would form a body of upwards of 150 members. That the Hebdomadal Board or Governing body of the University be formed of 25 mem- bers, of whom the Vice-Chancellor shall be one, and the President ; of the remainder, 12 should be chosen by the Heads of Colleges and Halls, two should be the Proctors, and ten should be elected by the House of Congregation ; that of these ten, two should retire every vear by rotation, but should be capable of re-election ; so that no one should be a member of the Board for more than five years without re-election. To the Governing body should be entrusted all the ordinary functions of the present Heb- domadal Board; the management of the University property and accounts; the origination of motions to be brought before Congregation and Convocation ; the general superintendence of the discipline of the University, and of the public Professors and Lecturers. To the House of Congregation should be assigned the ordinary duties which it at present discharges; the election of the Proctors each year ; the appointing of such Professors as are now elected by Convocation ; the approval of Examiners who have been nominated by the Proctors, or by the several Professorial Boards; the passing of laws which have reference to the discipline or instruction and examination of the students of the University, &c. To Convocation constituted as at present I would leave the making and altering of such laws as relate to the University’s power of self-taxation ; the election of Burgesses ; the disposal of ecclesiastical patronage in the gift of the University, &c. Of such a system of Government there would be many advantages. (I.) The University character of the Hebdomadal Board would be more fully realised; the public officers would be represented ; and the collegiate character placed as it ought to be in a subordinate relation. (2.) The wants and opinions of the working staff would be represented by persons such as Professors and Tutors, who would be well acquainted with the state of the University, and thereby measures would be more readily devised for the improvement of discipline and education. (3.) The office of Proctor would be one of greater honour and dignity ; inasmuch as it would be conferred by the whole University, as represented by the House of Congregation, and not by a College only: and thus the duties would be more efficiently discharged, and the wants and character of the University (as in the nomination of Examiners) would be regarded more than the interests of a particular College. (4.) As all who would actually be taking part in the instruction and discipline of the Uni- versity would more directly have a voice in the management of its affairs, so would they devote themselves with more zeal and energy to the promotion of its fame and efficiency. (5.) The evil would be remedied of a large body of persons like the present House of Convo- cation being invited to vote on questions of discipline and education, on which their absence irom the University renders them incompetent to give a judicious opinion. (B.) As to the means of modifying existing Foundations, and the changes required in the manner of election to render them more available for the purposes of learning education, the following considerations offer themselves, and lead to some such alterations as are suggested. It seems to be not sufficiently recognised, that a Fellowship is an office, and as such, has certain duties belonging to it, and imposes upon the holder an obligation to discharge them. It has become a kind of prize, which is bestowed in various ways according to the different Colleges ; in some for literary distinction; in others for kindred to a founder, or birth in a particular locality, or education at a particular school ; in others irom motives of personal friendship; in others from relationship to the electors ; hereby the due qualification for the discharge of the functions of the office has, in many cases, been lost sight of. In many Colleges (six or seven) boys are admitted scholars on the foundation, at ages varying from 16 to 20, having previously passed such an examination as would enable the electors to choose the most promising candidate, or as would indicate a fair probability of the University examinations being passed in due time; and if (generally within a prescribed time) the public examinations are passed, with or without honours, and no great breach of College discipline or of moral conduct has been committed, such scholars are admitted Fellows as vacancies occur, or otherwise, as the case may be. But what guarantee does a boy's examination, of four or five years previously, give of his qualifications for the office on which he is entering? No examination is undergone to test his fitness : of the eligible scholars, not the best qualified, but the senior is chosen, whether or not his general character and intellectual attainments fit him to give instruction, or to manage the affairs of the College. In some cases a form of election is gone through, and it may be questioned whether the necessity of election does not imply a choice of the fittest, and a power of rejection, if the candidate be unfit, and therefore an examination to test fitness; in other cases the senior scholar succeeds almost as a matter of course; but be that as it may, no guarantee is given to the College, save the slight one of the University examination, that he w'ho is henceforth to be a Fellow, and as such to take part in its management and discipline, is qualified for duties of so high moment. Again, what can be a greater inducement to idle- ness for a boy, of perhaps good abilities, but of an indolent disposition, than so early in life to become a scholar of a College, with the greater part of his expenses paid, with a circle of agreeable companions, with such attainments from school as are sufficient for the ordinary pLs-examinations, than to know that whether he is studious or not, whether he takes honours or not, he will succeed to a Fellowship, w'hich will afford him a competent income, and that he will in. due time succeed perhaps to a College living ? By such a foundation a greater f/y wry is done to a boy than all the future advantages of a College can repair. There is no stimulus to arouse his powers, he has no one to compete with, his energy is dormant, and as he has begun EVIDENCE. 61 so he passes the rest of his life ; first, perhaps, as a College Fellow, and afterwards as a country clergyman And to whom has the University a right to look for the Tutors and Instructors of the students ? To the Colleges ; for the Colleges, with the exception of the five Halls, have absorbed the University into themselves ; and the places of influence and emolument in the Colleges are bestowed on those who are unable to assist the University in her need. It appears that ^t the present time the College Foundations are incapable of supplying many mwe even Classical Tutors ihm are now employed; and so far from giving encouragement in the Uni- versity to the promotion and teaching of physical science, ot the nine Professors in the various departments of Natural Philosophy (excluding medicine), five have never been on any loundation at all, and (with perhaps a single exception) never have 1 known a Fellowship to be awarded for attainments in Mathematics or Natural Science alone, however great they might be, or however well suited the candidate might be for giving instruction. And to return to the ori- ginal foundation of such Fellowships, they seem to have been established for three reasons : Firstly, that the Fellows should take part in religious services for the benefit of the founder ; from this the present holders have been released by the statute law of the land. Secondly, that persons devoted to study might, in Oxford, have a retreat from the bustle of the world, and a quiet maintenance provided for them. Thirdly, that they should be the instructors and tutors (guardians) of the students. These two latter objects still remain, viz., learning and education. But are we doing all we can to secure these ? Do we require from the holders ot such offices a guarantee of their qualification and aptitude to discharge the duties ? Tiie question must be answered in the negative. . To remedy these defects might it not be expedient that the necessary connexion between Fellowships and Scholarships should be at once severed; and that zw no case should a Scholai- ship, or any office of a similar kind, necessarily lead to a Fellowship? , . , , That, appropriating a certain number of Scholarships to a school, to which they had been heretofore annexed, in case that school has well-qualified occupants, all others should be open, without restriction as to parentage, place of birth or education, or any other, save such as the University should impose, or the College should require as to age. That Scholarships and such like should be tenable for five years ; hereby a due succession would be secured, and the College would in the ordinary course be relieved of disqualified and idle scholars ; I mention Jive years, as being sufficient for a student to complete his University course and to take his B.A. degree. . That in Collettes where the Fellows and Scholars, or what are equivalent to them, are called by a common name, and collected into one body, a divisioft of them be made into Fellows and Scholars, or into Senior and Junior Students, or such like, and that they be subject to the same rules as the members of other foundations. u i i u that, inasmuch as I think it is essential to the well-being of a College that there should be Scholars as well as Fellows, as thereby an unity of action is better obtained, and an esprit de corps is infused, all Colleges should be obliged to found Scholarships where there are none at present, pro rata ratione to the number of Fellows ; say two Scholarships at least for every three That all limitations of Fellowships, as to family, place of birth or education, should be removed ; whatever advantages or disadvantages may have attached to certain localities or counties, there are none such now; Improved means of locomotion have, amongst other hings, made all alike. „ , -r. a ^ i a .u . .n That all Fellows should have passed the examination for the B.A. degree, but that the restriction as to celibacy be retained. <■ i v a ■ That all Fellowships should expire at the end oUen years from the date of elation, but in case a Fellow should be an University Professor, Public Lecturer, College Tutor, or be very serviceable in the management of the financial or other business of the College, or be continuously resident in Term Time, or for a certain portion of the year say for ten months, and be demoted to study.it shall be in the power of the college, with the visitor s consent, to re-elect him for life. I fix the term at ten years, because by that time a, fellow will either have quitted Oxford and be labouring in the ministry of the Church, or m tuition elsewhere, or will have prepared himself for the bar, or other learned profession, or will have remained m College or in Oxford, and have given such evidence of his aptness for learning and education as would justify his re-election. . j • .,1 1 As to the disposal of ecclesiastical patronage belonging to a College, it would be advisable that all who have been, as well as they who are Fellows, should be considered to have an especial claim for it ; so that one who has been a Fellow, but chosen to eavc ^ ^ nuersi y and labour in the Ministry elsewhere, should be equally eligible with the actual bellows for College livings; but I think a limit as to age should be fixed, as for instance, at no one should be presented after he is 50 years old. To remedy defects which are now experienced from a large majority of Fellows being either lay or clerical, I think t at two- 111 so c Fellows should be obliged to be in Holy Orders within three years after admission. I am also very decidedly of opinion that no Fellowship should be of gieatei \a ue lan a-year, exclusive of rooms only ; such an income, added to the usual sa ary o a u 01 , say 300 Z. a-year, is sufficient for remuneration; it would also be enough for a person ® ° study and learning, taking account of the facilities for such pursuits afforded y t le o ege an other libraries; it would also, with economy, go far towards the pieliminary expenses o a student preparing for the bar, or other learned profession ; and it it be moie 1 1 ^ inducement to idleness; it would be necessary, therefore, that all ^allowancea s lou cease, and the fund of such should be fused into the common stock of the College. Also in Colleges where the endowments fail to yield to a Fellowship an income near y equa o that recommended, it would be advisable to take advantage of such a icence as is now ^,"eii liev. Bartholomew Price, M.A. Original purpose of Fellowships. Scholarship.s not to lead to Fellow- ships. Abolition of limitations. Fellowships ter- minable generally. Ecclesiastical patronage. Limitation of Fellowships in value. 62 OXFORD UNIVERSITY COMMISSION. Rev. Bartliolomciv Price, M.A. Application of surplus Revenues. Fellowsliips for all deserving Students, Visitors of Colleges Totoriai, System. 1’kivatk Turnox. in many of thestatutes, and diminish the number of fellowships as vacancies occtirred, until the average value of each was about 200Z. a-year ; and of course all fellowships in a College, however different be their present foundations and qualifications, should be fused in respect of income. By such an arrangement the inducement to migration w'ould he removed, and although the fellowships of any College might be filled with fitting occupants from other Colleges, yet small Colleges might secure the services of able tutors as w'ell as larger ones. I also am of opinion, that all means at the disposal of a College, after the payment of the Head, the Fellows, and the Scholars, should be applied — (1). To the foundation of halls, such as are recommended hereafter, in the way of build- ings, endowment of Principal, exhibitions, and such like. (2.) I'o the foundation of Professorships, or lectureships, for the use of the whole Uni- versity ; such as appear to have been intended in some of the present College Statutes. I think it fair, if a College increases in number of members, and" in attached Halls, that it should also, out of its abundant wealth, contribute to the provi- sion of such public instruction as it looks to the University 1,o give. (3). To the increase of the number of fellowships and scholarships in the College, “pro rata ratione and to the foundation of exhibitions for poor students. By such an arrangement of fellowships, &c., there will be found a sufficient number of w'ell-qualified teachers, for all the members of the University, even should the number be much increased by the foundation of new Halls; and although the Colleges, as now constituted, may not be able to provide instruction in all the subjects of the new Examination Statute, yet in such an altered state it would be otherwise, except in such studies as, for purposes of illus- tration, require a museum, or large and expensive apparatus. It appears, from the Calendar, that there are, at present, 558 fellowships in the University (including the fellows of New College, and of St. John’s, and the students of Christ Church), of which the average tenure, at the present time, is supposed to be 10 years. If, then, as above suggested, in each of the three named Colleges, a division be made into seniors and juniors, and the number of Fellows be increased and reduced, according to circum- stances, we may calculate on there being about 400 fellowships, and, taking the average tenure to be 10 years, on about 40 vacancies occurring in a -year. Now, the average number of first and second classmen, during the last 10 years, has been 40 ; hence, under such an arrange- ment, there woidd have been vacant fellowships for all. When the new schools come into operation, the number of first classmen will be larger, and their attainments more various; and instead of the fellowships being confined, as at present, to classical men, we may expect such prizes for those who distinguish themselves in mathematics, history, law, physical science, &c. ; not that it is desirable to make any restriction in the way of University honours, as to qualifi- cations which electing fellows may require; for, doubtless, high moral character and integrity, though accompanied with less intellectual ability, may form a fit claim for such an office, and there may be a justifiable preference for a meritorious scholar of the same College, yet I think that, generally., the fellowships will be occupied by persons of learning and parts. Thus competent instructors will be provided by the foundations of the Colleges for the students; and there will be retained in the University able men who now seek employment elsewhere; and it will become not only a place of education, but, what it ought also to be, a seat of learning. Would it not also be expedient, that the visitor of each College should, every three years at least, personally ‘'visit” his College, and inquire into its discipline and management; or cause such an inspection to be made as should satisfy him that the requirements of the Statutes were fulfilled ? (C.) The evils of the present system of College lectures and of private tuition are such as the following ; and if they are to be remedied, and a more efficient mode of professorial teaching is to be introduced, which seems to me especially desirable, it must be done in some such a manner as is suggested. No doubt it is true, that Oxford is not one University, but 24 Universities collected at one place: hence, with one or two exceptions, there is no instruction which is, practically, common to all; the University Public Examination School is the only place where all the members meet; thus, instruction has been given to students otdy within the Colleges ; the University Professors and their lectures have been ignored; the College Tutors are no longer Guardians only {Tutores), but tliey have usurped the offices of the Public Professors, and have arranged their lectures and instruction without reference to the public lectures; thus, for the most part. College Tutors have become College Professors; and hence arises one great evil of the present tutorial system ; the tutors are few in number in each College, and yet all the subjects of the University Examination, both for passmen and classmen, have to be apportioned between them ; three or four instructors have to teach classical scholarship, knowledge and criticism of ancient, language, ancient history, both Grecian and Roman, moral philosophy, metaphysics, logic, theology, and, in some cases, mathematics and natural science ; and, by the new Examination Statute, as the subjects of study are increased in number, so will the evil be aggravated ; hence, the result is, that the Lecturers have not time for the especial study of any one branch of learning, and the lectures are deteriorated ; and students of various diligence and calibre having been collected together into one class, the character of the lecture is let down to the lowest capacity, and the students of the greatest promise and ability have been obliged to seek elsewhere for that instruction which, under better management, would be provided for them within the College walls, or by the University. Hence the origin of one class of private tutors, to whom the ablest students resort for the higher branches of knowledge, which are the subjects of examination tor University prizes, the EVIDENCE. 63 nublic schools, and the most valuable fellow^ships ; hence it is that the character of such private tutors is that of private Professors. They give lectures, for the most part, in only one branch of study • one is resorted to for scholarship, another for logic and moral science, and another for mathematics ; and, not uufequently, the student goes to several in succession: thus, then, private tutors take the place of, and supplant the public Professors. In such a system there are manifest evils; only the rich can, for the most part, avail themselves ot this help. Students are to a certain extent, crammed” for an examination, that is, only so much of a subiect is taught as “tells;” the teaching has rather respect to the examination, than to the cultivation of the intellectual powers, and the formation of character ; a subject is not studied in a broad and comprehensive manner ; and the student’s energies are cramped. Une cause ot the evil, perhaps, necessarily arises from the principle of testing attainments by examination in one particular subject, and perhaps another cause lies m the particular character of the exami- nation papers (and 1 would remind you, that a like fault is alleged apinst the Cambridge mathematical Senate House papers); but I think ir may be questioned, whether both ese faults will not be in a degree remedied by the new Examination Statute, allowing, as it does, a greater division of subjects, both as to matter, and as to time. And yet this system ol private tuition is attended with beneficial results to both tutors and pupils. A clever tutor chooses that subject for which he has a natural liking; he studies that one in preterence to others reads what bears directly or indirectly on it, devotes his time and energies to it, excites others’to take an interest in it; their interest is aroused by being brought into contact with one who loves his subject; they are stimulated to study it; they prepare, and with much greater pleasure, what is necessary for his lectures, than for all College lectures; and, almost in spite of themselves, they read, and are frequently glad to go to their private tutor at some inconvenient hour after mid-day, or at night, whereas a College lecture is at any hour irksome. Now, althouc^h I think it impossible entirely to do away with this class of private tutors, and. doubt whether h be desirable to do so, as competition is one of the keenest motives to exertmn, and as those who become the ablest teachers are thus brought into prominence, yeh i t imk, the evils will be in a great measure abated by a good staft of working University Professors and Lecturers ; I think we have evidence to this point, in the full attendance of late on the lectures of the Professors of Logic and Moral Philosophy, and on the Experiments ot the Reader in Experimental Philosophy. The former two bear, more than any other lectures in the University, on the Literee Humaniores School of the present and thein-coming Exammation Statutes; and as the present Professors have especially adapted them to students preparing tor that School, they have been well attended; and the latter lectures being on subjects that all men have more or less a taste for, and being by the present Reader fitted to the undergraduate students of the University, are attended not only by those who have a decided natural ^ing toi such pursuits, but also by others, who resort thither for the sake of information. Hence, 1 think that if the matter of a Professor’s lectures is such as bears directly on the examination, students will attend them, as they now go to private tutors; for I take it, that although some 0-0 for the sake of acquiring learning, yet the object of the greater number is to distinguish Themselves in the public examination, and thus to obtain prizes ot emolument as well as ot honour. No doubt an individual student may in a given time learn more from an able futoi, who bestows all his care and time on him alone, than he can from a public lecturer, v\ ho has to consider the capacity of all his hearers; but this is an advantage belonging to a rich man, as such, and only what he has had at his school, which is superior to that where tM poor student has been ; and this is a superiority beyond our reach. Yet, I think the great ditieience between the rich and the poor will be removed, and that the poorer man may, \\ith attention and industry, derive from the public lecture almost the same benefit and instruction as the iich man from his private tutor. , • i i Acrain, if, as is suggested in the sequel. Masters of Arts are authorized by competent authority to open Halls, either in connexion with existing Colleges or independent of them, and if the object of such Halls be in a great measure to enable students to live at less cost than at present, it seems imperative on the University, whose office it is to teach, to provide instruction for such poorer students, and thus to relieve them of the expense ; and, moreover, tor such Halls, where the staff of teachers would be very limited, it is necessary that other lectures be given, somewhere; and on whom would the students have a greater claim ‘than on the Againf the subjects of natural science, such as experimental philosophy, chemistry, and physiology, which have been lately introduced into the University curriculum, require expensive apparatus and large collections, for the purpose of illustration; lectures may be given by College tutors in the elements, and a few experiments may be exhibited, but full and sufficient knowledge for the Honour Schools can only be obtained in a public lecture room. For the efficient working of such a system of University instruction, the staff of 1 rofessors must be that which a proper division of subjects requires. For the schools of Literae Huma- iiiores, Modern History, and Law, there must be Professors of Greek, Latin, Ancient History, Modern History, Moral Philosophy, Logic, Political Economy, and Law ; and for the schools ot Mathematics and Physical Science, Professors of pure Mathematics, applied or mixed Mathe- matics, Experimental Philosophy, Chemistry, and Physiology would be necessary. ac i o these Professors, I think, should ‘be appointed for life; and the appointment might be advan- tageously entrusted to various bands, according to the foundations ; as, for instance, let the Regius Professors be appointed by the Crown ; others, as the Savilian Professors, by certain great Officers of State; others by Congregation; and subscription to the 39 Articles is the only condition I would require. Their salary should be, at least, 500/. per annum, indepen- dently of fees. And as such Professors would be, it is hoped, some of the most eminent men in their liev. liai tholomeic Price, M.A. The Pkofessoriai, System. Indispensable under the new system. Number of I’lc.- fessors iieede i. G4 OXFORD UNIVERSITY COMMISSION. Bev. Bartholomew Price, M.A. Public Lecturers. Their duties. and salaries. Experimental Philosopl'y. Pure Mathematics respective departments, as it would be injurious to them that their time should be wholly employed in giving lectures in the elements ot their learning, as well as in the higher parts, to the younger students ; they ought therefore to have leisure for pursuing their respective studies, and for enlarging the bounds of their sciences, being, as it is presumed, persons capable of doing so; but inasmuch as the students have also a claim on the Univer- sity for instruction, and”as it ought to give that teaching which is now derived from private tutors, it seems desirable that, when it is necessary, there should be public teacheis of a different kind to the Professors, who might be called Public Lecturers, whose duly it should be especially to give lectures to students. This I consider to be a matter of the utmost importance for the efficiency of the system : whenever, then, a Professor in any department has a larger class of pupils than he can personally attend to, or when the necessary attendance on them should require so much time as to interfere with his private studies, or when he should be incapacitated by illness or age, he should be empowered, concurrently with the Vice- Chancellor and the Hebdomadal Board, to appoint one or more lecturers in his department, who should be of the degree of Master of Arts at least ; their duty it should be to give lectures, for the most part, in the lower branches of the subject or science; these lectures should be catechetical, or of that kind which is best adapted to convey instruction. Their duty would generally be to prepare students in the earlier part of their University course for the Pro- fessor’s lectures in the higher departments; hence it would be convenient to put them under the general direction of the Professor, so that he should be the head and representative of his department in the University, and have the management of the lectures, and students would go to him for the last year of their residence. Such lecturers should give lectures two hours a-day for five days in the week, and for at least seven weeks during each of the three terms in the year ; the additional work of examination, composition, &c., which is necessary to an efficient instruction, would afford them ample employment during the rest of their time. To such lecturers the University should give a salary of 250Z. a-year; and they might also be allowed to take fees from those who attend, as e. gr., one guinea a course, or in case of poor students, half-a-guinea, under due certification of inability to pay the full fees; by such means, if a lecturer had two classes of 20 pupils in each, he might during the year increase his income by lOOZ., and as he would generally be a Fellow of a college, and thus have an income of 200/., his total income would be 550/,, which would be considered sufficient for his services. The University might thusi I think, secure the services of the most able instructors. The office of Public Lecturer would be more honourable than that of private tutor, having the public sanction of the University. Stich lecturers, however, should only hold office so long as their services were required ; should any change ue made in the subjects of examination in the University, and thereby the lectures in any department not be attended, or should the lecturer neglect his duty, and the students fail to obtain from him the instruction they required, so that they sought it at their own e'xpense elsewhere, I should recommend that it be in the power of'’the Professor, concurrently with the Vice-Chancellor and Hebdomadal Board, to remove him, and, should it be thought advisable, to substitute another lecturer. For such lecturers, rooms should be provided by the University, and the lecturer should make returns to the Hebdomadal Board of the number of lectures given in each term, and of the number of students who attended them. Tilt? Professors should also be obliged to give a course ol lectures in each of the thiee terni^ in the year; and each course should consist ot thirty lectures at least, giving five a-week during si.x weeks of the term, unless the Professor should be hindered by illness or other unavoidable causes. Thus to his leisure for study would be added the duty of teaching, which is so important for the due conception of at least a scientific subject. To the Professor licence should also be given to take fees of the same amount as the lecturer. I think such payments are advantageous to both teachers and pupils. The pupil considers the lecture and the time as in a measure his own ; he has thus anothei motive to attendance and attention ; and though such an inducement may be slight, yet I consider of vast importance whatever arouses his energies or excites his interest; and w'henever such a payment were inconvenient to a student, the Professor might remit it. In the present state of the subjects of examination and instruction, probably nine such lec- turers at least would be required, and in the following departments,-— Greek, Latin, Ancient History, Modern History, Moral Philosophy, Logic, Pure Mathematics, Mixed Mathematics, Experimental Philosophy. u u ■ As to mathematics and kindred subjects, such a professorial arrangement as the following would be necessary and sufficient. In the first place there shoidd be a Piofessor of Experi- mental Philosophy, whose office it should be to exhibit experiments in mechanics, hydro- mechanics, optics, electricity, and its subordinate branches ; such subjects require little, it any, knowledge of mathematics, and are particularly ot a popular kind; results and properties of natural phenomena are exhibited, and are but rarely and incidentally traced to their causes. All that the University would require in this department is performed by the present able Reader, except that he might require a lecturer from his inability to attend to so large a class. In the second place, lectures must be given in each of the tw'o departments of mathematics, viz., in pure and applied mathematics. For the former branch, viz., pure mathematics, including algebra, geometry, and the several parts ol infinitesimal calculus, and the calculus of finite differences, one Professor would be sufficient, who would probably require one lecturer at least, as such subjects are those which are perhaps better than all others adapted to the training and culture of the intellectual faculties, and the study of which, I think, the University ought to foster by all available means. Something, perhaps, lias been done towards the promotion of such a desirable object by the change in the examina- tion statute, and it is incumbent on us to provide public instruction lor those who do not or EVIDENCE. 65 cannot obtain it in the several Colleges. For the latter branch, viz., Mixed Mathematics, in Rev. Bartholomew which mathematical symbols and reasoning are applied to the explanation of cosmical phe- Prke, M.A. nomena, and to the connexion between cause and effect, and which thus include Mechanics of Mathe- both rigid and ffuid substances. Physical and Plane Astronomy, Geometrical Optics, the matics, theories of Light, Heat, Electricity, two Professors would be required; for one subject, viz.. Astronomy, is so large, and has such various parts to be taught and cultivated, that it is sufficient for one Professor ; the practical work of an observatory, the methods of nautical astronomy, the means of determining time, and, as .subordinate to this, questions of chronology and of calendars, and the higher branch of physical astronomy, would require to be lectured on, and will yield sufficient matter for the lectures of one Professor ; and the other subjects of mixed mathematics will give sufficient work to another Professor. And as these latter subjects come into the examinations, it would be necessary that there should also be a lecturer. The staff of mathematical Professors which the University has at this present time is there- to be apportioned fore sufficient in number, the subjects only require re-arrangement. To the Savilian Pro- p lessor of Geometry should be assigned the branch of Pure Mathematics; the Savihan Pro- of Geometry and fessor of Astronomy should continue as heretofore to lecture on Astronomy; and the Sedleian Sedleian Reader in Natural Philosophy should take the department of Mixed Mathematics, short of Reader of Natural Astronomy. I may observe, that the latter two Professors would require lecture-rooms, each Philosophy, of which should be fitted with apparatus necessary for instruction ; as, for instance, the Pro- fessor of Astronomy would require a transit-instrument, a circle, an equatorial, and an azimuth and altitude instrument ; for the Sedleian Reader little would be needed, as the Professor of Experimental Philosophy would supply almost all that was requisite. In refer- ence to the last suggestion I may remark, that the University has notning to do with nor any control over the Radcliffe Observatory ; it is an institution under the direction of Dr. Rad- cliffe’s trustees, and were it possible for the University to use it for purposes of instruction, it would be inadvisable to do so, as impediments would thereby be caused to the due perform- ance of the necessary work of the observatory. And again, since the College lectures are given to large classes of students of various capacities and attainments, sometimes to as many as 25 and more, the result is that not only do students of the greatest merit and promise fail to obtain there the requisite information, but also the inferior men, they, that is, who only with extreme diligence and perseverance are able to pass the ordinary examinations, do not derive from them the instruction they want ; more individual care is required by them than the time and multifarious pursuits of the tutor allow him to give. Hence arises the need of, and work for, another class of private tutors, who give lectures in the books of the ordinary pass-examinations to such students, one by one; and to whom also students of more pretence and better abilities, and frequently of good early education, but of idle habits, go to be “ crammed” for the examination ; no system will, I think, be wholly free from these defects, but they may be lessened; in the first place, by a stricter discipline in College, and at College lectures; and by more frequent examina- tions, such as the new examination statute has introduced, the idle man will be arrested, and if the idleness continue, his course will be closed; and in the second place I would su^^est the expediency of an University Matriculation Examination, so that students should be hindered from entering who do not exhibit such proficiency as to give a reasonable likelihood of the public ^ examinations being passed in due time; but of this more hereafter. T. he effects of such a system of private tuition are bad both on tutors and pupils; idle men of good abilities and bad habits are confirmed in their idleness, they waste their time in sports of various kinds, with the intention of going to a private tutor for a month or six weeks before the examina- tion, during which they obtain just sufficient “crammed” knowledge to enable them to pass at the lowest standard, or sometimes they fail : and the industrious men of low natural talent, Avho under an efficient matriculation examination would not be allowed to enter, are put to the expense of reading with such tutors during their whole course, and at last discover that the public examination, low as its standard is to enable such men to pass, is yet too high for them. The effects on the tutor are too palpable to require description. But to the industrious and diligent student of moderate abilities the college lectures are sufficient, except for the natural science subjects, and well adapted; in many cases they might do more than at present: and, I take it, that under a better arranged and better working system of professorial lectures, tastes and capacities will be called forth which now lie dormant; and at least, the last year of their residence may be spent in such studies as qualify them for their particular profession. The incapable therefore I would hinder, by the matriculation examination, from entering the University, and thereby placing themselves in a false position ; and the idle I would restrain by more frequent and stricter examinations ; and the cleverer I would relieve from the almost necessary expense of private tuition by providing such public lectures as would secure the objects held out by private tutors ; and as 1 conceive, under the altered system, a larger number of fellows would be resident in Oxford than at present, and these for the most part qualified to give instruction, I think that students will be more carefully trained than under the present system. (D.) As to the means of extending the advantage of the University to a greater mimber of University students than at present, and of lessening the expense, some such scheme as the following extension. seems practicable. The obstacles in the way of persons who do not avail themselves of an University education are chiefly two, loant of DiscijMne and E.rpense, each of which affects a different class of persons; the rich are for the most part debarred by the former, and the poorer by the latter. Now, although many elements are required to form what is called a “good” College, yet the foremost is good management, which results in a strict discipline and good lectures; at Colleges which have, and deservedly so, this character, the applicants for 3 K 66 OXFORD UNIVERSITY COMMISSION. Jtev. Bartholomew admission are many more than the College can accommodate ; doubtless many who cannot Price, M.A. be received go elsewhere in the University, but the knowledge ot such an application being useless debars many from applying ; and an unwillingness to entrust a youth to a College where the discipline'is laxer, where the facilities for idleness and extravagance are greater, the lectures are inferior, and the tone of the College and its society is lower, renders it necessary to seek for education elsewhere ; hence many, I believe, and some I know, lose advantages which under a better system they would have ^ and Oxford has not done what in duty it is bound to do; many of the leading statesmen and scientific men of the day have not come here, because it has failed to provide for them such training and such instruction as they require : something has been done towards remedying this defect in the new examination schools which have been lately introduced ; law, and political economy, and modern history, are included in the University course ; natural science is no longer ignored r to the nobleman and gentleman- commoner and the country gentleman the elements of knowledge will be taught which their situation requires ; and the student ot scientific taste may in the University learn much of the elements of his science. The altered system of foundations, involving, as I think it does, better Need of it at this management, stricter discipline, and a more learned body of resident fellows, and the new day. professorial system, whereby lectures will be given more congenial to the tastes and pursuits of such students, will increase their number ; and hence arises the necessity of devising sorne plan for their accommodation consistently with moral control and discipline, and without dis- placing those who now resort to the University ; otherwise we shall only be aggravating a fault which is charged upon us now, and with much truth, that Oxford is the University of the rich and not of the poor. Expense the great And again, expense is the great obstacle in the way of the poor; for, although at one or obstacle to it. two Colleges it may be possible to batell as low as 60Z. (including coals and washing), and though thus allowing 10/. for clothes, lOZ. for personal expenses, and lOZ. for books, a student s annual expenditure may not be more than 90Z., yet such a frugal expenditure lequires moie moral courage and purpose than experience tells us we can calculate upon in the mass of students ; and it is well known that very few of the undergraduates live on 90Z. a year. A vouth of small means is cast into the society ot those of more ample means, temptation to extravagance meets him, he falls under it, and in the end is even sometimes involved in debt past recovery ; the University has to bear the scandal and the student is ruined ; and it is not only students who can provide 90Z. a year, but to those who can afford 50Z. or 40Z., or even less, that the benefits of a University, consisting as it does of foundations for the most part eleemosynary, ought to be extended. If a youth has talent and moral qualifications, be the son of a poor clergyman, or a country attorney, a medical practitioner, or of a tradesman, or of an artizan, who has been educated by his father, or at the grammar school of the town, the want of 50Z. a year for three years ought not to be such a bar as to deprive him of the advan- tage of institutions in which the whole nation has an interest, and from which he is by his ]iovertv at present excluded. The want is urgent; the higher ranks of society demand educa- tion more congenial to their tastes and more adequate to the knowledge of the day , the scientific men complain, and justly, that their subjects are ignored; the Church wants more ministers ; the young attorneys and medical students better preparatory training ; the University has lost its hold upon the affections of the people at large, and hence it is absolutely incumbent on us to devise means to remedy the evil. Takino- it to be a matter of the first importance that the religious character of the University should be preserved intact, and that such a discipline should be enforced as is necessary for an efficient control of the students, I would suggest, Affiliated Halls J. That existing Colleges should open Halls, wherein students should reside; that the partly supported by students should be members of the College or Hall, and subject to such discipline and regula- the Colleges. Governing Body of the College or Hall should think fit;^ and that a Fellow or Tutor of such a College or Hall should reside in, and superintend, the affiliated Hall. I would leave it to the authorities of the College to devise means for lessening the expense of such students, but probably less might be charged for their tuition ; a single room in the Hall might be allowed to each ; there might be a common breakfast-room and recreation- room for all ; all private parties might be forbidden within the Hall ; the library. Hall, and chapel of the College, on which it depended, would suffice for such an institution ; and the students might either dine in the College-hall at an earlier hour, or have a dinner pro- vided for them in the common room of their own Hall, whereby in a great rneasure the expense of a separate institution would be saved ; only a porter and servants to wait in the rooms and clean them would be required. To such students, on the College authorities presenting a certificate of poverty, the public professors and lecturers might charge half-fees, the University ixiight remit fees at matriculation, and at taking of the degree; and the Government might remit the stamp. Judging from the expense at Bishop Hatfield s Hall at Durham, the seveial training schools, and from St. Augustine’s College at Canterbury, I conceive that the annual expense of such students for 26 weeks might not be more than 30Z., assuming, as I do, that well-endowed Colleges should be compelled to provide such institutions out of their superfluous Independent Halls. II. That power be given to the Vice-Chancellor, with the concurrence of the Hebdomadal Board, to license any Master of Arts on his application to open a Hall independently of any existin'^ institution, and on his own responsibility ; and that in case the lax discipline or extravagance of such a Hall became a scandal to the University, the licence be withdiawn IVom the Master of Arts and from the house. It would not perhaps be possible for such a Master of Arts, without pecuniary aid or eleemosynary contributions, to maintain students at as low a cost as in affiliated Halls, yet the University would derive many advantages from such institutions; the principle of competition would be introduced, and thereby the vigoui EVIDENCE. G7 and activity of all would be promoted: individual Masters would have personal interest in Rev. Bartholomew their Hall, and their fame and reputation would, in a great measure, depend on the success of Puce, M.A. it. Many who might never be on any foundations, and still have an aptitude for education and instruction, would be enabled to open such Halls for themselves; large eleemosynary aid would I believe be afforded to such institutions, and ultimately students would be well educated in them by means of exhibitions, &c., at less expense than in the affiliated Halls; it is true that at first if the Hall be self-supporting, the expense must be greater, but it would be to the interest of the Principal or manager of it to reduce it as far as possible, otherwise he would be unable to compete with Colleges and their dependent Plalls. The Principal, it may be objected, could not lecture to his pupils on all subjects; it is true that he could not, yet he might on some, say on Theology and Literae Humaniores, and for lectures on other subjects they must resort to the University teachers ; the discipline of the Hall would be in all respects under the direction of the Principal, and he would be responsible for it to the University at large. There are, I think, very grave objections to allowing students to lodge in private houses Lodging in private more generally than at present, either by letting them out of the College walls at an earlier houses, period, or by receiving them as members of the University without being members of any College or Hall. I know of no superintendence over their moral conduct to secui’e them from vice as efficient as the College system ; and hence until the previously suggested Halls have been tried and found to fail, surely it is dangerous to hazard an experiment of such conse- quence as loss of moral control ; for such students, liberated from College discipline, would have to dine at taverns, and thus be brought into communication with persons of low habits ; would not be confined, as now, to daily prayers, and would lose the advantage of familiar intercourse, except at University lectures, with seniors of superior character and attainments ; they would also have those facilities for vice which no puhlic or University system of control could reach. Rules as stringent as possible may be made for the masters of licensed lodging-houses, but such do not bind the domestics ; and it would be discovered, as at Cambridge, that the rules were ineffectual ; and, moreover, it might be questioned whether the main object would be gained, that is, whether the expense of such a mode of living would be, or could be, made less than that of the two kinds of Halls above suggested. If, however, means are provided within the University for educating persons of a poorer class, care must betaken not to place in perhaps a higher station of life those who have neither moral nor intellectual qualifications for it, for otherwise a great injury is done to them; such persons are not to be educated because they are poor, but we are to see that poverty be no bar to advance- ment where there is natural ability, which only requires culture ; otherwise our eleemosynary foundations are abused. Hence, however, arises the necessity of some guarantee being given to the University that those wlio are admitted are competent, with industry and perseverance, to pass their public examinations ; and hence the necessity of a matriculation examination ; and while the University thus guards itself against unworthy members, it also treats them with more straightforwardness, inasmuch as it hinders them from placing themselves in a false position. I must also mention the decided opinion which I entertain upon the expediency of abolishing Distinctions op all distinctions between Compounders and other Graduates ; they are, in principle, such as a public place of education ought not to admit, and they frequently fall most severely and unjustly on those who are ill able to afford them ; and all distinctions between Gentleman-Commoners and other students ought to be removed, for thereby the Commoners are not protected from extravagance, and the Gentleman-Commoners have, for the most part, double tuition, and other fees to pay, which is, in principle, unjust; they have also an injurious effect on the Noblemen and Gentleman-Commoners, the privileged classes, inasmuch as they afford temptations to idleness and extravagance. Oxford, above all others, is a place where wealth should be repu- diated as a standard of comparison ; and it may also be questioned whether it is not expedient to abolish the “ privilege” granted to noblemen and others of taking degrees at a period earlier than other students; all distinctions, too, made at matriculation, with regard to parentage, should be removed ; it would, however, be desirable that poor scholars, bible clerks, servitors, and such like, should be relieved, as far as possible, of University fees. BARTHOLOMEW PRICE, M A. Answers from the Rev. John Wilkinson, M.A. of Merton College, and Rector of Broughton Gifford, Wilts. 1. The possibility of diminishing the ordinary expenses of a University education, and of restraining ex- travagant habits. 1. The University expenses, such as fees for matriculation, examinations, and degrees, with Expenses. annual dues. These cannot be deemed excessive; but the annual dues ought not to be charged g' except for benefits received during actual residence, nor ought matriculation and degree fees to vary according to differences of birth and station, which are no criteria of pecuniary ability. The Government taxation on degrees, i. e., on certificates of literary merit, can hardly be defended ; 3Z. for B.A., and 6Z. for M.A., must amount to 2,000Z. a-year. At the London University, not only does Government make no charge for stamps on degrees, but supports the establishment by a Parliamentary grant. 2. The College expenses, such as board, lodging, tuition, dues, servants, and deposit of caution-money. 3 K 2 6S OXFORD UNIVERSITY COMMISSION. (a.) Board.— The average charge is about 38Z. per head per academical year of 24 weeks, i. c., 1/. II 5 . 8d. per week. This seems high, it one consider that no attendance, coals, washing, wine, candles, tea, sugar, or miik, are included ; that the fare is very properly plain ; that the numbers to be provided for are many, and all collected in one establishment. At the present rate of the necessaries of life, 15s. a-week would be more than ample: it would leave a handsome profit. (ft.) Lodging . — The charge for this maybe put between lOZ. and 15Z._for the aca- demical year, i. e., 8s. 4fZ. or T2s. 6rZ. a-week, for two unfurnished rooms, frequently a sitting-room and sleeping-closet, in buildings hitherto exempt from parochial rates.* * That this will bear reduction would appear from the fact, that furnished lodgings, with attendance, in houses subject to all rates, as good as the average in College, may be had in the town for from 12s. to 20s. a-week. Besides, why is there any charge for rooms in those Colleges where no new buildings have been raised especially for the benefit of Under- graduate Commoners ? The present charge is an adequate percentage upon the cost of nt;w' buildings.! In tact, the Colleges have turned out, in a manner never contemplated by founders, excellent money investments. The depre- ciation of Oxford property during the sixteenth century enabled the old Colleges to enlarge their borders on very advantageous terms, and contributed to the formation of six new Colleges, on the ruins of the Halls, and other building sites acquired for a trifle.J (c.) Tuition . — The charge of 16Z. a-year is a great hardship upon the Undergraduate, not in the amount, which is reasonable, but in the restriction to the College, which w’ill be spoken of afterwards. _ • (d.) Servants.— 41. 4s. a-year from each of their masters will, saying they attend upon 12, amount to 50Z. 8s. Considering that they are not finished servants; that they only work for half the year, and then not too laboriously, nor at_ irregular hours; that perquisites from breakfast and tea tables, with gifts from indulgent or careless masters, must go far to support their wives and tanailies, with whom they have the comfort of residing, — this charge is certainly high. In regard to these College expenses, it must not be forgotten that there is a strict monopoly. The Colleges have the exclusive right to supply board, lodging, and tuition to Undergraduates. If competition (the reasonable security against inadvertence and self-interest) on the part of the old Halls has been suppressed through Collegiate influence, the Colleges ought now, as they did at the time of that suppression, to board, lodge, and instruct poor scholars, free of all charges.§ Again, I believe I am not wrong in supposing that some of these charges are made to Under- o-raduates for four years, though the matters charged are enjoyed for three only: so that, during one year, there are payments without value received. After the B.A. degree, also, standing on the books is often charged as actual residence, with certain College dues. I venture to add scales of present and proposed charges per head for 24 weeks Present Scale. Proposed Scale. £. s. d. £. s. d. Board .... 38 0 0 18 0 0 Room rent . 12 10 0 6 5 0 Tuition. 16 0 0 16 0 0 College dues . 3 0 0 3 0 0 Servants 4 4 0 3 3 0 Total . 73 14 0 46 8 0 Rev, John Wilkinson, M.A. 2. College expenses. Poor Scholars lived by begging. The "present scale is rather below the average: in some few Colleges (perhaps three) the * I believe this is so, and that the claim for exemption is likely to come before the Courts, t Six per cent, upon the outlay is a fair return for new buildings : seven for old, as they require more ■pairs. A building fit to stand beside those in Oxford, including Principal s house, kitchen hall, and 11 offices, with gas and water laid on, might be provided for from 175Z. to 200Z. per head. The highest im would put the room-rent at 12/. only. 1 r- 1 J When Townsmen’s houses were hired for the habitation of scholars, it was not any way lawful f he owners of the said houses to enhance their rents, or to be their own carvers in the price. rent las fixed bv the Taxatores appointed by the University, which also decided all controversies about pay- ment. (Anthony k Wood. Annals, a.d. 1255.) The best prevention of enhancement of rents would be com- I am obliged to make this statement without having the opportunity of verifying it ; but I believe it ppears from “the exact account of the whole number of scholars and students in the University of Oxford,, aken a.d. 1612,” (Tanner’s MSS. 338.) that about 450 poor scholars and servitors received education and uppoi t almost gratuitously. The list for Merton was this :— WaMen, 1 ; Fel.ows, 22 ; Postmasters, 12 ; Chaplains, 2 ; Commonefs, 15 ; Poor Scholars, 29 ; servants, 12. The list is m other respects much the ,ame now ; but of Poor Scholars there is not one, except the two Bible Clerks^ are to be so^ considered. Doubtless the poor scholars subsisted greatly on begging, ois txorrSs ™ tovtov rov ,pyov It, laid Sir Thomas More to his children, after his surrender of the Chancellorship, and when abilities of nirse failed, “ that exceed our ability” (meaning the fare of New Inn in London), then will wee the next /ear descend to Oxford fare, where many great, learned, and ancient fathers be continually wnversant, vhich if our power stretch not to maintain neither, then may wee yet, like poor scholars of Oxford, go i-begging with ourbaggs and wallets, and sing Salve Regina at rich men’s doores. They even had a Imence. rom' the Chancellor to beg, and recommend them to the favour of the charitable. (Anthony k Wood.. A.nnals, 1461.) f EVIDENCE. 69 sum may be 55Z., but in others 65Z., 75/., 80/., 100/., to which add, for the first year, caution- Bev. John Wilkinson, money 30/. or 25/., tiie interest on which is enjoyed by the College as long as the name remains M.A , on the books, nor is it always altogether returned on removing the name. There are some- times fees to College Libraries, and these I have not included. The proposed scale supposes breakfast, as well as dinner, in Hall,* * * § Fellows sitting at each table with Undergraduates. All necessaries, such as coals, candles, &c., to be, as now, extras, but supplied within the College at London prices, as far as possible. The authorities might save themselves all trouble on this head, by making an arrangement with Mr. P. T. Cooper, or others like him, who, with a sure demand and cash payments, would undertake the supply at a very moderate percentage, on the modern principle of trade — quick returns and small profits. The caution-money might be the board and lodging of one term of eight weeks — 8/. I 5 . 8c/. Restraining extravagant habits. — Those within the College walls, such as hot meat breakfasts. Extravagance wine parties, hot suppers, ought to be as much under control in all Colleges as now in a few. within the walls There is certainly the danger of Undergraduates supplying from without, what they may think of College, deficient within ; but this danger would vanish under the influence of a more unrestrained intercourse between them and their superiors. If the Tutors and resident Fellows retire into a distinct part of the same quadrangle, or into an entirely difterent quadrangle, of course they will live in a happy ignorance of much they ought to know and by their example restrain. The law prescribes to the College Tutor a very minute superintendence of the Undergraduates. The Caroline Statutes, f under that very head “ of obliging Scholars to reside in Colleges and Halls,” which established the existing profitable College monopoly, lay it down as the Tutors duty, “ in regard to such particulars as must every day fall under his own observation, as, for instance, dress, boots, wearing of the hair, &c. [anything betokening pride or luxury (Tit. xiv., chap. 1)], to keep his pupils within the bounds prescribed by the Statutes.” Tutors also were to be fined for their Pupils’ offences, and on the fourth offence interdicted from their offices by the Vice-Chancellor (Tit. iii,, sec. 2). As to extravagance without the College walls, one great means of prevention would seem to Without the walls, be the enforcing ready-money shop payments. I fear, if vain parents will entertain vulgar notions of the gentility of profuse expenditure, and if young men will be ignorant ot the value of money, and combine with tradesmen, any University sumptuary laws will have a very partial effect. Though “ the thunderbolt of discommoning” may have its terrors for the Oxford tradesman, the railroad has made it a mere hrutum fulmen to the Londoner. This is very much the experience of the Cambridge authorities, who in the spring of 1847 issued rules, which it would be hardly possible to render more stringent, respecting tradesmen s bills.j; The Cambridge tradesmen have indeed been restrained in giving unlimited credit, but they com- plain, and not without reason, that tradesmen in other towns have not been, and cannot be, so restrained : on the contrary, that these rules bring custom to the London houses, who send down agents for orders. The evil to be apprehended from this practice is greater than that which the rules in question were intended to prevent. It is necessary to reach the foreigner as well as the University tradesman; and for this purpose the Supreme Legislature is alone competent. § . , • 1 , There is one out-College extravagance which ought to be put down with a high hand Hunting, hunting; not the " pinks” merely, as once at Christ Church, but the thing itself. Those who can afford so expensive an amusement have the Christmas vacation for it, and do not come to the University to tempt others beyond their means. Then there are the associations of hunting; connexion with stablemen, grooms, huntsmen ; the intemperate habits of living attendant upon so exciting and exhausting a pursuit. No new laws are wanted; the Caroline Statutes are express : Graduates and Undergraduates are to “ refrain from every kind of sport or exercise, whence danger, wrong, or inconvenience may arise to others, from hunting wild animals (fallow- deer, hares, and rabbits, for instance) with hounds. . . .on pain of corporal punishment (where such is suitable to their age) . . . .and fine of 6s. 8r/. in each instance, &c. (Tit. xv., chap. 7.) The best restraint on extravagant habits, both within and without the College walls, would Best remedy for be the example, among the Undergraduates themselves, of that careful, working class, who extravagance, know the value of time and of money, 'and who, not having too much of either, might be expected in greater numbers than at present to avail themselves of a Llniversity education, if brought more within their scanty but honourable means. Expenditure, and manners generally, must be greatly influenced by the general tone of society ; and, in the case of Oxford, the mis- fortune is that now society takes its tone from the young and the opulent. * Archbishop Laud, in his Ordinances, which he issued as Visitor of Merton, says, chap. 7, “ Further- more we do will and command, that all the Fellows and Scholars take their breakfast and dinner in the common hall of the College, and that those who take either of these meals elsewhere be deprived each time of one day’s commons, &c.” The founder had enjoined “a common table,” doubtless for all meals. t I quote Mr. Ward’s translation throughout. j Under pain of punishment by discommoning or otherwise, every tradesman with whom an Undergra- duate should contract a debt of tl. was required to send notice of the amount of the same, at the end of every quarter, to the College Tutor of the person indebted. § The example of Mr. Cooper, of t'ne High Street, as a ready-money tradesman, is so satisfactory, that I give it what publicity I may. He neither takes credit nor gives it. Thus buying in the cheapest market, with no bad debts, and with quick returns, he is able to undersell the long-credit tradesman, and to benefit his customers, to the extent of 25 per cent. He publishes a list of prices once a month ; has now upwams of 600 Undergraduate customers, and never in a single instance relaxes his rule ot cash payments. He gratefully acknowledges his obligations to the present Vice-Chancellor, the Heads of Houses generally, and the Tutors. The College servants did him much harm at first, and he finds them his worst enemies. 70 OXFORD UNIVERSITY COMMISSION. Rev. John Wilkinson, M.A. Disciplike. The Laudian Code UNALTERABLE Subscription to Articles. Earl of Leicester's H ebdomadal Board. 2. The sufficiency of the powers which the authorities possess to enforce discipline.'' I have already quoted the injunctions laid down by the Caroline Code upon Tutors, to en- force discipline within the College. For the general discipline ot the University, the Caroline Code gives the authorities the power over Undergraduates, of fining, of corporal punishment (where the offender’s years permit), of restriction, of expulsion, and even imprisonment ; literary impositions are also given. These powers seem abundantly sufficient 5 the difficulty is, to punish the right person, the offending pupil, and not his friends ; however, these last are not always guiltless. _ r ■ I venture to doubt the expediency of any further coercion, which would probably defeat its own object. Perhaps there is too much already ^ less w^ould be necessary, if the authorities were more watchful in prevention (this is the most important, and the most delicate and diffi- cult part of discipline), and less ‘‘donnish.” “ Donnism is a blight upon all classes in Oxford, from the highest to the lowest. Between the Heads and Fellows of the same society there is a distance, between the Fellows and the Undergraduates an impassable gulf. And yet the junior Fellows (the usual residents) and the Undergraduates are not so much removed from each other in years, as to impede an unembarrassed and friendly intercourse, which would bring about the most sufficient of all disciplinarian powers — a more enlightened public opinion among the young men themselves : this would repress improprieties which no external legu- lations can ever reach. With more of this generous interchange of sentiment between the Fellows and Undergraduates, and with less of formal etiquette and technical precedent in College discipline, there would be more rule and less coercion, because higher influences, and more extended sympathies, w'ould supersede the necessity of restraint.* 3. The power of the University to make, repeal, and alter Statutes. This power can be none other, whatever it be, than is contained in the Caroline Code, which IS binding upon the University, as a charter, granted by the Crown, at the request of the Uni- versity. In that Code there is no unrestricted power of “ making, repealing, or altering statutes,” but a certain power given to Convocation under restrictions from the Royal authority and from the Hebdomadal Board. Tit. X., sec. 2, chap. 1. “ Enumeration of matters which concern the House of Convoca- tion. Debates shall be holden, and resolutions come to, on matters of import- ance, and such as concern the whole body of the University, e. g., with reference to the enactment of laws and statutes, or their abrogation, interpretation, and modification. _ . Chap. 2. “ Framing and construction of Statutes and Decrees in Convocation. — It it shall seem beneficial to make any new statutes, or if a doubt shall arise as to the decrees and statutes already made, whereby a further explanation of them shall seem requisite (provided this power of explanation is not extended to statutes sanctioned or confirmed by the King’s authority, without the special licence of the King himself), &c.” The restriction of the Royal authority, therefore, extends to all the enactments of the Caroline ::odc • by which also, a large power of initiation is given to the Crown, and that by way either ot ‘command or sucTgestion.”' Chap. 5. “ No dispensation allowed concerning any statute or decree ramed or to be framed (at the command or suggestion of the Royal authority), unle^ a change or •elaxation, to some extent, has been expressly enjoined or permitted by the like Royal autho- -ity.” Before the Caroline Code, the Crown seems to have been appealed to on all occasions, IS ‘the only available authority. The Caroline Code itself owes its validity to the confirma- ;ion of the Crown; and is, moreover, chiefly a selection and compilation of the then existing regulations, many of which were introduced by Royal letters ; as the imposition of the off articles, and the three articles of the 36th canon, on all candidates for degrees, by James 1. 1617 T the transfer, from Convocation to the Colleges, of the election of Proctors, 1629 ; and above’ all, “the weekly meeting of the Heads comformably to the ordinance of the most serene King Charles I., which has lately been graciously transmitted to the University in that behalt. — Car. Stat. Tit. xiii. ,1 r .u 1 • As to the restriction of the Hebdomadal Board,j: the statute says ; ‘ before me law in- tended to be passed, or the statute to be explained, is submitted to the votes of the Masters * There used to prevail, a few years since, a most objectionable means of enforcing College discip me confinement to Chapel for a certain time. It is an ancient punishment. “ One Sir Aldworth omagd , . , . coming tarde to MaL. . . , was commanded that for every day for a considerable time, intersit Missw matu- tinali, et qenibus flexis,’’ ” &c. A. h Wood. Annals, 1553. , p r • ov^ + The first instance of subscription, upon oath, “ to all such articles and poyntes of religion as now are generally held in the Church of England, under the authoritie of the Queens Majesty that now is, is that of one Thomas Powle, of St. Johns, 1573. The Earl of Leicester, 1581, ordered subscription to the Articles before matriculation : subscription before taking any degree was required by statute, doubtless at his insU- 2 -ation 1576 Chancellor Hatton demanded careful observance of these subscriptions, and dictated a form, 1589 :’he returned tothe subject the following year. In 1616 King James wrote signify Ins pleasur^a^^^^ in the following year decrees and a form of subscription were passed in Convocation. Anthony k Wood. ^TThe E^ar/of Leicester introduced this, as he did so many other changes, till “ he altered almost the whole eovernment of the University, in some things for the better, but in most for the worse. His order (which Ls opposed) was, “ that before tne Convocation, the Vice-Chancellors Heads, and Proctors, should consuU^of such things as are fitted to be moved therein.” Anthony h Wood thus describes the change “ WhLas things wire deliberated in a black congregation (so called, I presume because the black part of the Masters’ Lods was to appear on their shoulders, and nothing else) before they were to be passed m a great congregation, now it was that upon the abolishing of the said congregations, all matters were to be EVIDENCE. 71 Kecrent and non- Regent, the business shall be referfed by the Vice-Chancellor to the weekly meeting of the Heads of Colleges and Halls. And when upon deliberate consideration of the subject, they are agreed on the form of words, under which they think the law should be pro- posed, or the statute explained the business shall be referred, in the same terms, by the Proc- tors, to the Regent Masters in the House of Congregation. In the next Convocation it shall be read aloud, m the same terms in which it was proposed iu Congregation; and finally when the Vice-Chancellor, Proctors, and the majority of the Regents and non-Regents, have agreed to the terms under which it seems fit for the law to be enacted, or the statute explained, it shall be read aloud on the same occasion, in the identical terms, and the votes of the Regents and non-Regents shall be taken concerning them.” — Tit. x., sec. 2, chap. 2. This amounts to a deposition of Convocation. The Board take the initiative or not, as they see fit, in all legislative measures (Convocation has no power, even of suggestion), both as reo-arcis the matter and the wording of every proposition to be afterwards submitted to Con- vocation, the power of which body begins and ends in simply accepting or rejecting (not even verbal amendments being admissible), without adequate discussion (debates in a dead lan- guage* * are impracticable), and without any possibility of alteration, what is laid before them by the Hebdomadal Board. The Masters, too, thus tied hand and foot, are placed m an unfair position ; they must either accept what they, with greater practical experience than the Heads, know will not work well ; or else seem, by rejection, to be opposing what is offered as, and perhaps by amendments might bo made, useful reforms. The insufficiency of the legislative power of the University would appear from those forced interpretations of the Caroline Code, in the existing practice, which seem to rest upon usage, and the necessity of the case, rather than upon any adequate legal authority. I allude parti- cularly to the wholesale dispensations for defaults in the exercises and terms requisite for the higher degrees, and in some respect for the lowest. The legality of the dispensations, granted by°the House of Congregation, for entire absence from the public lectures, to all can- didates for degrees, can hardly be covered by the permission given that house to admit, in occa- sional cases of just impediment, to certain persons, an irregular {minus diligens) attendance upon the Public Readers. The same observation may be made of the dispensations for two and three terms’ absence, granted to candidates for the degrees of B.A. and M.A., respectively. The usual dispensation for six terms, before the higher degrees, by means of the Chancellor s letters, approved by Convocation, in addition to the preceding dispensation for three, was never contemplated by the framers of the Caroline Code. Except on the ground of disagreement between different statutes, it is hard to justify this dispensation in law, however expedient it may be.f consulted in a meeting of the Vice-Chancellor, Doctors, Heads of Houses, and Proctors, before they could pass in Convocations.” Annals, 1569. There is continual mention of delegates appointed to frame decrees; sometimes they appear (which was the ancient custom — Anthony ^ Wood, Annals, 1616) to have been named by Convocation, sometimes by the Heads, as the balance of power fluctuated. After a time, the Doctors lost their seats at the Board. Chancellor Hatton “ was fully persuaded that the Vice-Charwelter and Heads of Houses would have pretermitted the execution of no statute,” &c., 1590. At last the Hebd. meeting was established by King Charles’s letter, 1631, and its legislative and executive powers confirmed by the Caroline Code. - -t-. . * Why should the use of Latin be retained in Convocation, and not within the Colleges r 1 here, too, it is generally strictly enjoined. Archdeacon Paley’s argument (Moral Phil., III. chap, xxi.) is equally con- clusive against its present use in either place. . . • i- • t The following are the portions of the Caroline Code bearing on this question of dispensations, lit. ix. sec. iv. chap. i. : — “ Since just impediments occasionally interfere to prevent the whole of the particulars, which are requisite for degrees and other exercises in the University, from being duly performed in the manner and form required by the Statutes, the Congregation of Regents has been used, in such cases, Graciously to grant dispensations upon occasion, to certain persons in dispensable matters.” Then follow (chap. 2) “the dispensable matters,” of which the first is, “Two terms’ absence, if the party is a candidate for the degree of B.A. ; three, if for the degree of M.A.” Another dispensable matter is, “ Loose {minus diligens') aUendance on the Public Readers.” These are the limits of the dispensing power of the Congre- gation of Regents. Tn Tit. x., sec. 2, chap. iv.,we are told the dispensing power of the Convocation of Regents and non-Regents. “Because it is sometimes expedient that the rigour of statutes should be attempered, at .one while to the private convenience of men, at another to their necessities, the Venerable House of Con- vocation (with which resides the power of making statutes and decrees) has been accustomed to dispense with some of them for reasonable causes.” Among the dispensable matters which follow is this : “ Gene- rally, if there be any other cases in which the University is not forbidden by the statutes to grant dispensa- tions, and which are not at variance with academical discipline, it shall in such cases be allowable, on some necessary and very urgent ground (which has in the first instance been submitted by Mr. Chancellor to the discretion of the Vice-Chancellor, Proctors, and Heads, and has been approved by them, or a majority of them, at their weekly meeting), to propose dispensations in the House of Convocation, and to deem them granted, if the Vice-Chancellor, the Proctors, and the majority of the Regents and non-Regents give their assent.” Then come a list of “ Indispensable matters, wherein Convocation is not allowed to grant dispensa- tion,” y., beginning thus; “Because from too great a license in granting dispensations, serious inconvenience has heretofore been caused to the Univei'sity, the University has enacted and decreed, that henceforward dispensations are not to be proposed in the cases following.’’ The third case is this : “ Dis- pensations shall not be proposed for defaults in the time or exercises requisite for the degree of Bachelor, Master, or Doctor in any faculty.” It would seem, from these extracts, that a certain limited power of dispensing in exceptional cases is left to that House of Regents, through whom the University, under its more ancient constitution, conducted the work of instruction, and to whom, therefore, it entrusted the privilege of dispensing with a portion of that instruction; but that no such privilege was to be allowed to the House of Regents and non-Regents, where interested candidates for degrees might, by active canvassing, bring together from all parts of the country a miscellaneous crowd of out-volers, taking no share in the work of instruction (won-Regents), and so swamp the experience and judgment of those resident Regents upon whom was laid the obligation of teaching the candidates. To guard against such “ serious inconvenience,” it was forbidden, I imagine, to the mixed assembly of Convocation to entertain “dispensations for defaults in the time or exercises requisite for degrees.” If there were nothing further in the Statutes, the dispensation for six terms would seem illegal. At the end, however, of “ the indispensable Reo.John Wilkinson, M.A. Initiation of the Hebdomadal Board. Dispensations forbidden, yet in use. Delegates. Use of Latin . Statutable limitation of the power of dispensation. 72 OXFORD UNIVERSITY COMMISSION. Rev. John Wilkinson, M.A. Appointment of THE Vice- Chancellor AND OF THE PeOC- TOES. T HE Constitution. Hebdomadal Board. Delegates once appointed by Con- vocation. Changes in the mode of appointin: Proctors. 4. The mode of appointing the Vice-Chancellor and Proctors. The existing mode is, for the Chancellor to nominate, as his Vice-Chancellor, a Head of a College (Worcester and the Halls being excluded), by means of letters read by the Senior Proctor in Convocation ; the assent of which body is asked indeed, but does not appear essen- tial to the validity of the appointment. But if the Vice-Chancellor is to wield the power of the Chancellor, in his absence (Car. St at., Tit. xvii., sec. 2, chap. 2), and that extends “to the custody of the whole University;” and if he is to have a veto on all matters in Con- vocation, that body ought to exercise some substantive power in the appointment.* * The Proctors are elected according to a cycle of Colleges, from which Worcester, as having been founded since the making of the cycle, is excluded ; nor can a member ot a H^II b® ^ Proctor. But the Proctors are University officers . besides the administration of discipline among the junior members of the University, they assign delegates"}" in all University affairs, designate auditors of University accounts, have a veto on all propositions submitted to Convo- cation, scrutinise the votes there, appoint University examiners, and in a word “ procure all University business. They ought to be appointed by Convocation for University and not for College reasons. If they are to retain their present high position, both in Convocation and in the Hebdomadal Board, they must again, as once, represent the whole body of the Masters, and not, as now, two out of 18 close corporations. 5 . The government of the University and its relation to the Colleges, as finally established by the Statutes of Archbishop Laud. The ascendancy of the Hebdomadal Board in University legislation has been already men- tioned ; to the same body it is also committed to ‘‘ deliberate on the defence of the privileges and franchises of the University; and to communicate, inquire, and take counsel for the ob- servance of the statutes and customs of the University. . . .the good government, academical proficiency, repute, or common weal and behoof of the University. — Tit. xiii. To the Vice-Chancellor, a College Head, is committed the power of the Chancellor, in his absence (except that matters of weight are to be referred to the Chancellor), and this extends to “ the custody of the whole University,” the common guardianship, with the city Mayor, of the whole borough, the hearing, ending, and determining all controversies regarding cases civil, spiritual, and criminal, which are determined within the University, the punishment of offenders according to the statutes, or at discretion, if no provision be made by the statutes, and the requiring any member of the University (even the Head of a House) to subscribe the articles of 156_i, and the three articles of the 36th canon, 1603, and to expel from the University him who thrice refuses. — Tit. xvii., sec. 1 , chap. ii. ; sec. 3, chap. ii. The Hebdomadal Board is, therefore, by the Caroline statutes, a standing Conimittee (and the combination is destructive of the principles of a free constitution) for the legislative ^.nd executive government of the University. Its composition is strictly collegiate 19 Heads of Colleges, 5 Heads of Halls, and 2 Proctors (College Fellows). As to the Colleges, the Heads, of course, without any such injurious imputations as have been made, are elected for reasons satisfactory to the electors ; and these reasons are necessarily Collegiate. The Halls, as now matters, wherein Convocation is not allowed to grant dispensation,” chap, v., are these wordi^ Lastly, it is enacted, that in no one of the cases above mentioned. .. .shall any person, on pain of banishment, propose a dispensation, if the Chancellor has not left the matter to the discretion of the Heads, that they may allow such dispensation to be proposed in the House of Convocation, upon full advice. . .^rst had, and lor some very urgent and necessary reason, to he approved by the Vice-Chancellor and Heads, &c. Does this mean that if the Chancellor has left the matter to the discretion of the Heads, the dispensations be allowed ? That is the interpretation of the present time ; but, in that case, a loop-hole is provided whereby all indispensable matters may be made dispensable, and the statute is a nullity. This cannot have the intention of the framers of the code, though this may be the result of disagreement between their statutes, occasioned, possibly, by alterations in their work. However, the existing practice is not thereby justified ; for where is the “ very urgent and necessary reason ”? The power of Convocation is grear, and it may “ further explain ” statutes, “provided only that no sense is attached to any statute which, under the gidse of explanation, eludes or emasculates its whole force." Tit. x., sec. 2, chap. u. * “ He (the Earl of Leicester) took upon him the right of naming the Commissaiy or Vice-Chancellor, sometimes without the consent of Convocation, rarely or never done in former times. Anthony a Wood. Annals, 1569. .in t “Delegates are chosen by the House of Convocation, who have power to dmiberate or enact. .. .the right to nominate the individuals having usually rested with the Proctors.” (Car. Stat. id. x., sec. 2, chap. 7.) This right was perfectly reasonable, as long as Convocation elected the Proctors. Raa^magi- stratuum vocabula." As Augustus an absolute monarchy, so Laud disguised an oligarchy under the forms of a republic. The Caroline Convocation answers to the Imperial Senate. ... 5. -mr i? f 1 The change in the mode of appointing the Proctors may be traced in Anthony a Woods hasti. 1538 : “The Proctors were elected then (as ’tis said) by the public suffrages of those whom it concerned to give, as if an equal power of suffraging in such elections did now pertain to all Masters. Proctors distinguished in the Registers by the titles of Northern and Southern. 1^1- ** ° elected from the company of non-Regents, by virtue of the King’s letters sent from Greenvuch. 1542. “ Proctors elected by the suffrages of the Doctors and Heads of Colleges and Halls ; continued in ofhee two years. 1576 : Proctors continued (Henry Savile one) at the special request of the Chancellor, wi horn any vote in Convocation. 1578,9, 80 : Proctors elected in Congregation. 1583 : In Convocation. ]6.4:_^lhere were 4 candidates, and 984 votes. 1626 : “ Ayet greater canvass, there being then 1078 votes given, many brought up from the country, some even from Wales. 1628 : The King interfered : with the ChancellOT e named two, and “ it was reputed unlawful for the Masters to nominate any to the Procuratorial otface. The ancient custom of choosing Proctors by suffrages in a scrutiny vanished, and an^other new lorm qt election introduced.” 1629 : “ The elections of Proctors had hitherto been made by public canvassing : it pleased the King’s Majesty to make them private and domestic. And that the said office m'S"t be equal y distributed through every College, according to an arithmetical proportion” [Colleges used to combine to carry the election of each other’s members, nor is the practice yet extinct in the disposal oi the pa lonage o Convocation ; sometimes “a strong plot was broken by the flying oft ” of some College, as in a cycle of 23 years was by the command of the King made, and by his authority remitted into the statutes. EVIDENCE. 73 administered, have the same interest as the Colleges, in the government of the University; and the only difference is, that the Headships are the irresponsible patronage of a single elector. Such “the government of the University, and its relation to the Colleges, as,” I hope, not “ finally established, &c.” If changes be necessary, I assume that they ought to be, as much as possible, in accord- ance with the legal constitution, and with the actual working of the academical system : and again, that two guarantees are necessary to the adequate discharge of such a trust as that committed to the Hebdomadal Board ; viz., that the public duties and private interests of the trustees should for the most part correspond, and that their responsibility should be no less than their power. In view of the first of these principles, I would not transfer the power of the Hebdomadal Board into the hands of the Convocation, which, for the purposes of government, is too large and too scattered a body (2,560 members all over the countrv), and too much subject to popular impulses. There would be the danger also of calling off the attention of the resident members (to whom the business would necessarily fall, except on occasions of particular interest), from their proper tutorial duties, to marshal them into parties under professed agi- tators, who neither rest themselves, nor suffer others to rest. This would be to bring back the strife of the academic “ nations.” But if a weekly Board is to administer University affairs (and perhaps the aristocratic is the fittest form of government, where conservative tendencies ought to prevail), that body must represent the different interests of the various subjects of study, existing and proposed in the University, and to be in some measure assimilated to the old house of Congregation, with whom, before Laud legalized Leicester’s innovations, rested the right of previous discussion and approval.* There seems to be a general agreement that this end would be best attained by the admission of the Professors, present and to come, to the Board, to which I would add, the absolute election of the Proctors, without reference to any cycle, by Convocation. A more direct responsibility might be secured by annual reports on the general state of the University to the Crown, and by the exercise, at stated intervals, and on all other needful occasions, of the Royal power of visitation. | For the interference of the Royal authority, there is a claim as strong as the need. The Crown is accountable for the present posture of affairs; but it was the Crown which deprived the University of self-action by subordinating Convocation (which before used to institute in- quiries by the appointment of delegates)J to the Hebdomadal Board. In duty to itself, to the University, and to its subjects, the Crown, which with Parliament has alone the power, ought to take care that the government of a national institution should be so conducted, as best to promote the national good ; and with this view, I will venture to add, ought to reorganize the Hebdomadal Board. It is unreasonable to trust to the internal principle of spontaneous de- velopment, i. e.,to expect a large measure of reform from the Heads of Houses ; for this would be nothing less than a confession, on their part, of maladministration. It is just as unreason- able, though they do not see it, that Colleges should appropriate to themselves the name, the privileges, and the functions of the University ; and retain the independence of private founda- tions. It was not to them, nor to their degrees, that the State granted great, and till recently exclusive privileges in the Church, in Law, and in Medicine. The University existed before the Colleges, and would continue to exist, were they no more. They did indeed save the University during the disastrous period of the 16th century, when learning, no longer able to support herself, needed their eleemosynary help, and when enlightened benefactors fostered the rising Classical literature; but their protection has become oppression, if a national institution be made a private possession. To found, to form, to reform, to govern her own chartered creation by public authority, for the public puiq)oses of religion and sound learning, is clearly the State’s duty and right ; nor can individuals, for whom charitable benefactors have provided board and lodging, be allowed to interfere with what the supreme government considers, in its wisdom, most conducive to those high and holy purposes. Founders would be horrified at such pre- tensions. 6. The means of extending the benefits of the University to a larger number of Students. (1.) By the establishment of new Halls, whether as independent societies, or in connexion with Colleges. The objections to Halls, as compared with Colleges, are these : — The expense one-seventh greater (to say nothing of new buildings to be provided) ; the discipline less strict ; and the tuition inferior — there being no body of foundation Fellows from which to select Tutors. This applies to such Halls as the present. If the suggestion refer to such Halls as existed before Leicester’s Chancellorship, when any M.A. could open a hall for the reception of students, there are other objections. Every discontented partizan, every mistaken enthusiast, would set up a hall, and in proportion to his abilities and acquirements would be his personal influence, and the damage to the peace of the University. What consequences would have ensued, if that remarkable man, who left the impress of his mind upon all about him, had thus attained that academical position which was alone wanting to the extension of his opinions ? Halls * And so it does now in form (the statute quoted above) ; but here again the forms of the ancient consti- tution are preserved to introduce modern changes. t “ We the said delegates, together with the Vice-Chancellor and Proctors, do in the name of the University. .. .humbly conceive we cannot acknowledge any Visitor but the King, or such that are imme- diately sent bv His Majestie ; it being one of his Majestie’s undoubted rights. . . .and one of the chief privi- leges of the University. .. .that His Majestie, and without him none other, is to visit the University.” — Answer to the Parliamentary Visitors. Anthony h, Wood. Annals, 1647. Rev, John Wilkinson, M.A. Its evils. Proposed Board of Heads and Pro- fessors. Need of the inter- ference of the Crown. UiUVEKSITY EXTEN- SION. New Halls. Mev. John Wilkinson , M.A. Lodging in private houses. 74 OXFORD UNIVERSITY COMMISSIO . wovild be started against Halls, representing distinctive religious views, and thin their iealous exclusiveness. The confusion would be enormous ; the bitterness ot paity o-rievous The Halls were in their day the centres of academic strife, and that was one reason wliv ?hev were absorbed in the better oKler of the Colleges. Circumstances have grown round, and on fhe whole adapted themselves to the present College system ; and this fact alone is a Mr aro-ument if not in its favour, at least against a return to a superseded state of things. T r SI Caroline statutes have wonderfully helped the Colleges supremacy • but, other things remaining unchanged, I am by no means certain that tli^se Halls wo^ild no^again, as once before, be beaten in the race of competition by he Colleges which have now, nforeover, possession on their side. I imagine Oxford pretty well vZ d'sire the pres^lt system : there are vacant rooms ,n many Colleges, and even the fullest Colleges seem to hesitate erecting new buildings. (2.) By permitting Undergraduates to lodge in private houses more generally than at present. Ceminl V • provided the private houses were those of the parents, guardians, or near relations and friend; of^ the students^; each case being examined and sanctioned by the Vice-Chancelloi ^"TM^o^idZZiZSF^^^^^ private lodging-houses would be those kept by a married M.A^, under liceiiL from the Vice-Chancellor and Proctors, and subject to their continual snpei vision. Th s vvot^n^ than residence in College, but the discipline would be more effective because more Id, Illy ; the, -e would also be the hours fa sn-eat safeguard against dissipation), and all the moral influences of a home, i take it thif arramrement would be most acceptable to many parents. A great deal would depe:.cl u;o,r,he tf,ly who presided: her unobtrusive influence ,n soften, ng manners and in forming morals, I attach the highest importance. fomilles in Oxford or to Anv regulation which tends to increase the residence of private families Uxto , .ivm tZ stilZts access to liberal society,* is on that account deserving of every con- & sideration. with a College or Hall. _ _ i. m . n Students uncon. The Colleges have now a monopoly of board lodging, a^ ‘“'eLs incident ^onnSn nected with College it all. By authorising residence m pi ivate houses (2), /i ^,,,1 Indo-iiiP’ I will here ('3) or Hall. „ith a College or Hall” would be provided for, as regards board and lodging. 1 will hue discuss the educational part of the question. . . , • monopoly of the College oratory, iiioial and pohtica p ii osoj •’ i- i c pp]iQ,^vs of each particular House. mathematics, divinity, are all professedly supplied ppolesiastical history, law and When the nevv examination statute comes into opei , ’ . , -n Ug added to the list m„,ler„bisto,y.mechu,,icn,,Mosop^^^^^^^^^ ot impossible reqmrernejits. ^ instructor are not necessarily identical; ^r^t^f»,.dlm c^teSr FOvdding°hc means of ^ accordingly .hey only provided moral ^ Statutable system of Tuition. Cardinal Wolsey’s public lectures. Bishop Fox’s at Corpus Christi College. „„ .„,h,r„ies or ™, f„ends. Sh Th.-. that the secluded position of Lampeter Co lege amidst ’ of all educated society, is one impediment to ^ svstem of tuition. The Caroline statute on \ It may be worth whde to state the legal, hut no ggp^ation of all Regent Masters to teach in the the Public Lecturers (Tit. iv.) begins hyTe^ognisin enforcement of this obligation is, how- public schools the several faculties belonging niMipnefactors endowing Professorships, partly by the her. rendered unuece.sary, partly by the mun.deenee ol (Grahmltr, Rhetorie, pruvieion of the statute for the electron of I.ecrure a ,„ such facuUres an ^ Logic, and Metaphysics) as were not endowed. The "^ction ot i ne^ which Ihe Proctors of the viz. those two which supply the Proctors for the ^^e payment usually made by the next year will be taken. The Lecturers were t P , ypgg the Masters relieved from the Proctors, and that part of the fines imposable on absent )y lecture twice a-week, and the burden of teaching, and by fees from the P"P'' ^ J 3 ^^jowed Professors have also laid down for attendance of pupP® was regulated by the, r standing.^^T^^ anatomy; and are them the times ot flieir dem-ee ^This syste^m has become obsolete, partly from the ;™STiut"u.,‘ 1 »f Log,c , bu, ..,u ^.d money salaries of 200 years since are now utterly , should be open to all members of the t Cardinal Wolsey intended that the lectures of Bishop Fox. University. Anthony a Wood, vol. v., P^ 834. He Pi ‘y Humanity Reader should, on all common EVIDENCE. 75 have, property,* * * § the founder's diocese, and even parish and manor), inheriting the founder’s name or blood, y education in particular schools : there is a very general practice, sometimes but not always required by the statutes,;]; of electing a lad from school who succeeds from a scholarship to a fellowship as a matter of course. In only two Colleges is the election open to ail comers, and in one of these only partially. Then there is the limitation of celibacy. As a o'eneral rule, a man secures a home and marries, as soon as he can get the means : an able man does this sooner than another, and is foithvvith lost to Oxford. Ihus the best, because the most experienced, tutors are being continually drafted off into the world, and the duties left to young men. This evil will increase, as the demand for highly educated men inci eases at home and abroad, in the service of the Government, and in professions. No tutor seems to regard his office as a profession, or its duties as an employment for life. Nor can a man be expected to live without a home : to this his tutorship not leading, he throws it up at the first prospect of something else, making perhaps a present sacrifice. Again, whatever a man’s learning, experience, aptitude in teaching, or influence over his pupils, it is all the same . the number of his lectures and of his pupils, and the amount of his salary, are all fixed. As he beo-ins so he ends, without hope or fear : no services improve, no incapacity lessens his position or his pocket. It is unfair to expose human nature to this severance of duty and interest. This then seems the objection to College tuition : the number from which to select tutors is small and fluctuating, restricted by founders, by celibacy, and by want of encouragement to exertion. This is the case as regards the tutors-, nor is the system more favourable ‘iov 'pupils, who are necessarily packed in small and ill-assorted classes, most irksome to the good scholar, and without emulation to the bad. Yet all alike have to pay £16 a year for College tuition. The insufficiency of College tuition is clear, when private tuition is so largely called m to supply its place at an expense of £50 or £60 a year additional to each undergraduate. The sum thus spent must be very considerable, § and is the exact measure of the opinion entertained respecting College tuition by those most interested in the matter. Private tuition, whatever its defects, points the way to the true remedy — “ education under due superintendence loithout connexion with a College or Hall.’ The whole work of education for University degrees or honours should be conducted by University officers, as it used to be. The work must be one and undivided in its origin : any attempt to divide it between the College Tutor and the University Professor will introduce a clashing of interests and a rivalry of functions, and will end in failure. The University instructors maybe of two classes — Lecturers and Professors : of the latter I will speak under viii., of the former now. The proposal concerning the University Lecturers is this : that the Vice-Chancellor should be required to license, on the nomination of examiners appointed by Convocation to test the qualifications of the candidates, certain Masters, whose duties should be to teach the Undergraduates for the first two years of their residence, and prepare them lor the middle or second examination of the new statute: that the number ot the Lecturers should, to commence, be two-thirds of the present College Tutors|| (say fifty), and should be annually increased as vacancies occurred and as occasion (in the judgment ot Convocation) demanded : that certain men should be licensed for certain subjects, and that as a general rule no one man should undertake more than one class of subjects. As to the number of lectures to be delivered by each, as to fees from students, sizes of classes, arrangements of pupils in them — these things would soon regulate themselves: I would leave them, as far as possible, to the teacher’s own judgment, the opinion ot his pupils, and the influence of circumstances, which would operate very difterently in the free and wide area of the University and in the College quadrangle. The selection of particular Lecturers for particular pupils, I would leave to those that pay the fees — the parents or iriends ol the pupils. Besides fees, the Lecturers, if not College Fellows, should have a certain small fixed stipend (say £200 a year each, to be provided for as hereafter stated), sufficient to retain them at Oxford and to secure them against the caprice of pupils, but not sufficient to induce the inactivity of a monopoly, or that independence of fees which would soon cause the nomination to degenerate into a matter of favour or interest. Undoubtedly, without any limitation ot the amount of fees, the best Lecturers will make the highest charges, and so the wealthy will have an advantage over the poor scholar. But it is hard to obviate this evil without introducing others. Money will always purchase advantages, and if shut out from public tuition w ill seek, as now, private. The only way to put down private tuition is to supersede it by the efficiency of the public: and after competition has discovered the most efficient public teacher, the only way to keep him is to pay him well. The advantages of some such proposal over the present arrangement would be, it is supposed, as regards the teacher : — that division of labour which enables a man to concentrate his attention upon some one branch of knowledge, and so attain excellence in it ; selection from unquestionable merit and general reputation in the University, rather than from the Rev, John Wilkinson, M.A. Colleare Tuition. Proposed staff of University In- structors. * I believe this is the restriction in the case of the Exeter College Petrean Fellowships, and that it has been excellently obviated by the purchase of lands in different counties. This is far better than buying advowsons, which is a most questionable mode of investing College funds. ^ ■f This operates very ill now, and yet how natural and proper originally. “Forasmuch,” says Walter a e Merton, in his Statutes, “as I have, under God’s eye, converted the inheritance of my lands in fee, which by the custom of the realm was due to ray heirs or Lnsmen, for the purpose of this charity, I will and enact that if any young children of my kin need support in consequence of death or poverty of their parents, 5sc. :]; I do not believe it is required in the Magdalen College Statutes. § The Dean of Ely and Mr. Hildyard, of Christ’s College, Cambridge, estimate the annual payment to Cambridge private tutors at 80,0001. This is hardly credible. II I put the number at two-thirds, because the lecturers would be required for two out of the three years during which the present College tutors teach. o t 76 OXFORD UNIVERSITY COALMISSION. Rev John Wilkinson, M.A. Advantages to Pupils and In- structors. Objections to Students lodging in private houses, answered. Attendance of strangers on Pro- fessorial lectures. Instance of the little encourage- ment to ability in Oxford. accidents of College limitations ; provision in the University itself, imclogged with the heavy restriction of celibacy, for men ot high academic honours. Justice to the able men, who now, amidst many difhcidties. discharge most conscientiously the duties of College tuition, requires that Oxford should not be wanting to herself in holding out to her best sons adequate encouragement to continue in her service.* As regards pupils x the advantages of a spiiited emulation and a steady competition in large classes, formed of tolerably equal mateiials throughout the University ; of that friendly intellectual, moral, and personal connexion between the Lecturer and his class, with which, in the case of the College Tutor, the necessary, though often harassino', enforcement of College discipline very much interieres by piomoting ‘^donnism” on°the one side, and dislike on the other. As regards the University: the proo'ress of learninor and the promotion of sound education, consequent upon the selection and permanence of able men; who would regard Oxford as their home, and the pursuit of knowledcre and tuition as a sufficient profession, worthy of the best exertions of a life, and who would not take Holy Orders to gain a footing in society, nor look to a Country Parsonage as a refuiJ'e. These Lecturers would form a nursery of experienced teachers foi the higher duties oniie Professorial chairs, which would naturally be filled by those who had earned for themselves a good degree in the lower office. This connexion between the two would conduce to harmony of operations and unity of interests between the Lecturers and Professors. The “ due superintendence” must be exercised by the College authorities (should the pupil reside in a College), or by the parents, or head of licensed boarding-house, as regards the pupil’s attendance on the lecturers ; proficiency might be tested by terminal examinations of all the classes in each subject (as now in the best Colleges), conducted by all the lecturers ot that subject. I know the kind of objection tliat will be made to such pi’oposals as these (2 and 3), for “ extendiiio- the benefits of the University to a larger number of .students.” It will be said, that the admission of such students within the University itself will “ destroy the oidei of t le place, deteriorate the spirit of the present system, and the general character of the students. This is a vulgar calumny. The students who may be expected to avail themselves of these facilities, will belong to the middle classes of society, of limited pecuniary means prhaps, dependent upon their own exertions, and coming up to Oxford to qualify themselves for then future position in life: sucli students will be quiet, frugal, temperate, striving, making the most of their time and of their opportunities. Now this is just the class of young men of whom we have not enough, and of whom we would gladly have so many more as would give the pre- vailino- tone to” the place. Such are to be desired, not only or so much for their own sakes, as for the sake of the present students, among whom they would promote order, system, and o-eiieral character. Evil is not to be apprehended from the real and healthy tone of feeling amonx' the industrious and thoughtful poor, who ouglit to be the special caie of the Univeisity, but from those of whom we have too many, and of whom we would gladly be well rid, the vulgar, the newly rich, the indolent, and the ignorant. (4.) By admitting persons to Professorial Lectures, and authorizing the Professors to grant certifieates of attendance, -without requiring any further connexion with the Univeisity. I would, as much as possible, encourage “ connexion with the University, and make it not a requirement, but a privilege. I would therefore meet the suggestion (4) thus: ^ a. Convocation might authorise such institutions as King s College, London, and Queen s Colleo-e, Birmingham, to undertake that portion of Oxford education proposed to be given by the Lecturers; in this case the first examination of these out-students would be the middle examination, and on passing that they would be at once enrolled in the Professors’ classes, and take a deo^ree (subject to some limitations in its privileges) in due course after two years resi- dence, ins’tead of four; if unable to remain two years, they might depart with a certificate of attendance. The line of distinction, however, should be strongly drawn between a degree which should be a genuine stamp of University satisfaction, and mere attendance which has not been tested by examination, and for which the University does not make itself responsible. b. The Univeisity might grant special degrees, without necessarily proceeding through aits. Thus there niio-ht be a degree conferred in each of the Professorial subjects,— Classics, Mathe- matics, Natural Science, Theology, &c. There is now in Oxford one special degree in Music ; and Generalis Sopldsta is a special degree in Logic ; and one time, before tliey w^ere absorbed in Arts deerrees were granted in Grammar, Rhetoric, and Poetry. These would not con ei a vote in Convocation.f In the University of Durham, the academical rank” of civil engineer * As an illustration of the discouragement under which men of recognised ability now labour in laying themselves out for permanent University employment, I mention the following case of one vvhose pupil I once was In 1 825 he took the highest classical, and the second mathematical honours ; in 1826 he devoted himself to private pupils, of whom he educated 200, a considerable number of them recently or now tutors in the best Colleges. In 1836 he gave up his private pupils, and undertook, as Vire-Principal, the manage- ment of a Hall, the numbers of which he raised from 6 to 36. He served the office ot Public Exammer, and was also Theological Public Examiner. In 1847 there was a change in the Principalship of the Hall, and a gentleman (who had previously discharged duties of a different nature) was promoted over my friend s head. '^Thus, afier more than 20 years’ service in the University, doing her -work of promoting soutm relio-ion and useful learning, he is thrown aside, with his powers unabated, and hi^s experience matured. This mav or may not be a hardship to him, — I do not state it as such : but it is the University vvhich is the greatest sufferer ; and they who wish Oxford well have reason to complain of a system which works ttli 0 S 0 r©siilts i_ • t “As we' had degrees formerly in Grammar, so also in Rhetoric and Poetry.” “ The degrees of this facnltv (Music) were but equal with those of Grammar, Rheioric, and Poetry, being all accounted the most inRrior in the University, and a Master, Professor, or Doctor of any of them was, and is, but equal with a Bachelor of Arts : the reason, because he or they studied and applied themselves but to one art. and therefore. 1. They were not to enter the House of Congregation or Convocation ; 2. JNot EVIDENCE. 77 is granted to students in civil engineering and mining alter two or three years’ study; cer- tificates of competency in any particular branch of study are granted at an earlier period after examinations testing the proficiency of the students at the end of each year.* * * * § There are many who cannot afford the time t or the money necessary for the regular academical course, who yet would readily avail themselves of the opportunity of studying under distinguished Professors particular branches of knowledge bearing upon their future callings in life. Oxford does not, cannot, under existing arrangements, afford specific professional instruction ; but this is just the thing wanted by parents for their sons before entering the busi- ness of life. A degree in Arts does indeed advance a man in the ministry of the Church, and at the Bar, and yet no clerical or legal instruction accompanies it. The tendency of the times is certainly to special and professional educalion;J and it is far better for the pupils, for the University, and for the country, that this should have some connexion with Oxford. Severed from the "University, as are those material sciences, the influence of which upon physical well- being is clear to all men, they naturally assume an attitude of alienation, if not of absolute hostility to Oxford and all her venerable associations. They are now her jealous rivals, and she may be their victim. If the University does not meet the requirements of the times (and when we compare the stationary number of her students, and the low standard of the ordinary examination for her degrees, with the general impulse given elsewhere to education, both in quantity and quality, we must indeed say non progredi est regredi), other instruments will be organized (if they be not already), and her utility will be superseded. Did she, like a wise householder, bring forth out of her treasure things new and old, did she comprehend the con- servative character of a real reform, then the theological, moral, and natural sciences, ancient learning, and modern discoveries, would advance together with a mutual influence for good, nor would her faithful sons, who discern the signs of the times, lament her impaired effect upon public opinion, and dread the advance of the Manchester school. She once led the intellect of the country; to recover that high position should be her aim, and to this end any proposal is to be encouraged which promises to collect around the Professors the active intelligence of our generation. 7. The expediency of an examination previous to matriculation ; of diminishing the length of time required for the first degree ; of rendering the higher degrees real tests of merit ; of so regulating the studies of the University as to render them at some period of the course more directly sub- servient to the future pursuits of the Student. A public examination of all students previous to matriculation, conducted by University officers, would be very expedient, as a stimulus to schools throughout the country, and as requiring from all a certain amount of knowledge which would facilitate the composition of classes on some more uniform scale of acquirements. The “ responsions ” of the new examina- tion statute, though as early as the third term, will not answer the purposes of a matriculation examination, because the expenses of the first settlement of the undergraduate (and these are the heaviest) will already have been incurred. The standard of the matriculation examination should be at least as high as that for the new responsions ; and this is miserably low, — “ one Latin, one Greek author, or a portion of each” (such as five books of Homer, any two plays of the dramatists, for GIreek; the Georgies, five books of the iEneid, tor Latin) ; “ Arithmetic” (such as any village school could work); “ Euclid or Algebra” (first and second books, or to simple equations inclusive) ; “ a passage in English to be ti anslated into Latin, and a paper of Grammatical Questions.” There is not a third-rate Grammar-school in the country that could not reach this. It belongs to a school, not to a University, lo teach the elements of classics and mathematics; and admission to the University ought to be denied to those who have not laid this foundation. “ The length of time required for the first degree” might be diminished by two years, in certain cases, according to the proposal VI. 4a. b. “The higher degrees” used to be “real tests of merit,” gianted after regular courses of study in the schools, and after proficiency had been tested by disputation and exercise ;§ and so they would be now, were the statutes kept, which is not to be expected. The only practical question now is, the proper alteration. It is hopeless to expect more than four years’ residence, if so much,; but there is no reason why an examination should not precede the granting of any higher degree : the necessary study to be conducted anywhere. Under this liberty, some would to vote in, or order the affairs of the University ; 3. Not to place themselves among Artists at solemn meetings ; 4. Or to enjoy the privileges of Artists.” Anthony k Wood. The Schools, vol. v., p. 723, ed. 1796. * Durham University Calendar. t B.A., dyears; M.A., 7 ; B.C.L., 10; D.C.L., 14; B.M., 7 ; D.M., 10; B.D., 14 ; D.D., 18. j; It was the same 700 years ago. “ Scholars, though they had learned imperfectly, and had possest themselves with a strange and useless knowledge above their fellows, would not blush to be crowned with the title of Magister, to the end that they might quicklier pass to those beneficial studies of the Laws and Physic, whereas some years before this (when the days were constant and happy) the scholars would not then adventure such an act, not till they had consummated twenty years with great labour in Trivialls [grammar, logic, rhetoric], philosophical authors, poetry, and in the study of things written by other men’s instructions.” Anthony a Wood. Annals, 1 160 a.d. Of these “ beneficial studies,” Walter de Merton, 1270, permitted only four or five of his scholars, during the Warden’s pleasure, to study “Laws;” and medical students were, according to the ordinances of the Visitor, Archbishop Peckham, a few years after the founder’s death, 1284. contrary to the statutes of the College. However, in 1524 there were more Phy- sicians in Merton than in any other House in the University, and Lynacre’s Physic Lecture was accordingly settled there. Archbishop Laud, in his Merton visitation, 1640, recognised both “beneficial studies.” § Founders frequently require their Fellows to take the higher degrees, supposing the degrees w'ould be always tests of merit. ■Rev. John Wilkinson, M.A. Great need of advance in Oxford. Matriculation EXAMINATION. Higher Degrees. Special studies 700 years ago. Rev.John Wilkinson, M.A. Professional Studies, Professorial System. 78 OXFORD UNIVERSITY COMMISSION. still remain at Oxford after the B.A., as being the best place for study, and as having no par- ticular call elsewhere. No degree ought to be granted without some test, and for this purpose examination is more necessary than residence. According to e.visting regulations, the lowest degree has the two requisites of residence and examination ; the higher neithei. “ The studies of the University” may be “ regulated so as to render them at some period ot the course more directly subservient to the future pursuits of the student,” by permitting the student, after passincr liis middle examination (which will be in Arts), and leaving the Lecturers, to select, under the Professors, some particular school (I would not require more than one), and oroceed to his degree through that. Thus the future Clergyman would enter the Divinity School, under the Professors of doctrinal and pastoral Theology, o Hebrevv, ot Sciip uial Exegesis, and of Ecclesiastical History. The future lawyer would enter the Law school, under the Professors of Civil and Common law, with whom he would probi^ly combine the Professors of Anglo-Saxon, of Modern History, and of Political Economy. The future I hy- sician would enter the Medicine school, under the Professors ot Medicine, of the practice of medicine, of Anatomy (now annexed to Medicine), and the Clinical Professor, with vH^orn he would combine the Professors of Chemistry, of Botany, and of Natural P nlosophy. stu- dents of Ancient, or Modern, or Oriental Literature, of Mathematics, ot Moral or Natural Science: the scholar, the politician, and the private gentleman, may all prepare toi their “ future pursuits.” More schools than those of the new examination statute, sufficient to embrace all the Professors, would be necessary. 8 The evpediencv of combinimr the Professorial with the Tutorial System ; of rendering the Profes- soriai FoundaLns m available for the instruction of Undergraduates ; of increasing the number and endowments of Professorships ; of providing retiring pensions lor Prolcssors. I have already expressed the opinion, that the work of education ought to be conducted by officers deriving their authority from the University, and that any combination of the Col e^ Tutor and the University Professor will be a failure. I understand the Professorial Syste to be the complement to that of the Lecturers (as far as it is educationa ), directing to some particular branch of study the intellect generally cultivated in Arts. M hen Undei graduates, therefore, have laid a foundation in Arts, and passed in that School at the end ol their second year, they might enter some one or more Schools under the Professors, whom, I imagine, grouped for this purpose some-what thus: — i The Divinity School, under the Professors of Hebrew, Regius, and Margaret Divinity, Pasto Theology, Ecclesiastical History, and Scriptural exegesis. • , , The School of Classical Literature, under the Professors of Greek and Ancient Histoiy. The School of Oriental Literature, under the Professors of Arabic and Sanscrit. ^ The School of Modern Literature, History, and Poetry, under the Professors of Mouern History, Anglo-Saxon, Modern Languages, and Poetry. , o r ^ The‘ School of Moral Science and Dialeetics, under the Moral Philosophy Professoi and the ^ Tlnw ScliOTls^ of Mathematics and Physics, studied mathematically, and ol Natural Science, under the Professors of Geometry, Natural Philosophy, Experimental Philosophy, Astionomy, Radcliflfe Observer, Geology, Mineralogy, Botany, aiid Rural Econoni^, ^ t The School of Law and Political Economy , under the Professors of Ciul and Common Law, ^'^The School oi Medici ne,\mder the Professors of Regius Medicine, the Practice of Medicine, Clinical Medicine, Anatomy, and Chemistry. The School of Music, under the Professor of Music. , • tj The force of some Schools would require increase; for instance, there is no Professoi of Latin, and many auxiliary Professors would be wanted in the more frequented Schools But these and all othe/ such details, both with reference to the Professors and the Lectuiers, would be best arranged by delegates appointed by Convocation. to the The expediency of some such arrangement is presumed to consist in ts adaptation to th wants of t\ie country, by providing special instruction in particular branches of study bearing ::;oii futuie ;rofessLa^i\u-suits;^hi absorption into the University of domestication, within the University, of the material sciences, by rendering them ge^ne ous help- n^es rathei- than iealous rivals, of theological, moral, abstract, and ancient knowledge. The position of the Prifessors will be high and honourable, worthy of great attainments and exertion. Distinguished men of European reputation will not, as now, to the disgrace o e University, addiJs empty benches; for their Lectures will have a manifest bearing upmi the Undergraduate’s future career both within and without the University For it to appoint eminent Professors, and to say the Students may attend-the ‘nor€ir)C6 of business nnd forms into insignificcint churucteis in the ussenibly. I lieii retirement from office would be sufficiently frequent to give a constant representation to the Masters in the University, and their number would be large enough to enable them to act freely and with a sense of their importance. A body thus constituted would liring into action most of the valuable elements for legislation which the place could supply — age, intellectual ability, practical habits, the feeling and opinion of the time, a knowledge of the subjects which the University proposes to teach, of its state, moral and instructional, and of its trusts and property and finances. Such a body could not act directly as the administrative oi executive power. The numbers would be too large. But it might indirectly supply such a Board. It might either elect out of its own members a general Board of management ; or it might entrust the work of administration in different departments, to separate delegacies or sub-committees similarly chosen. Perhaps the simpler method, that involving the least degree of infringement upon the present system, would be to construct out of this legislative assembly or congregation a Board, which should perform all the executive functions of the present Hebdomadal Board. It mio-ht consist of a fixed proportion of Heads of Houses, a fixed proportion of Professors, and two Proctors. Of these a part might retire every year; and of the part so retiring, one half might be re-eligible. Thus, for instance, if the Hebdomadal Board were to consist of 24 members, each member should serve for four years, six members should retire annually, and six be annually elected. Of the six so retiring, three might be eligible to the same duties immediately; the remaining three not be eligible for four years. In this way would be secured sufficient length of service to make the several members efficient, sufficient change to exclude the possibility of a prolongation of power in the hands of a set. and sufficient pliancy as to the readmission of old members, to permit the continuance in office of any who might manifest peculiar aptitude for the work, or whose removal at the moment might be for any cause inconvenient. Such is one mode of carrying out the first alternative. To the second, viz., that of committing the administration to jiarticular and separate delegacies and sub-com- mittees, who might be elected by the legislative congregation out of their own body, and empowered to ac°or to report, I do not see any obvious objection. Matters of finance, discipline, public collections, libraries, museums, scholarships, &c. might be so administered. But as I said before, I feel that a practical acquaintance with the duties of the present Hebdomadal Board, and of its relation to other administrative Boards, trusteeships and curatorships m the University, would be desirable, in order to check one’s judgment on such a point. I have ventured to sketch this scheme, in order to show that suggestions for improving the character of the present legislative body by admitting new elements into it which ought not to be excluded, are not vague and impracticable. My answer to the questions concerning the professorships will disclose a further use which may be made of such an organization as 1 have proposed, in appointing some of the Professors of the University. (See Question 9). I would here add my opinion, that in matters connected with the discipline and instruction of the students in College, the University ought to have the power to legislate. One great question which will frequently suggest itself to the minds of Her Majesty s Commissioners, touches the relation of the Colleges to the University. And it seems to me quite necessary either to construct something like a University system apart from the Colleges, or to identity the Colleges with the University somewhat more effectively than the two systems are combined at present. . . „ „ I should in this scheme propose to leave the legislative power and constitution of Convoca- tion in its present state. Question 6. — It might T think be beneficial to the University and the nation to extend our means of education by allowing students to lodge in the town in private houses even without any direct connection with the Colleges. Oxford is a provincial town. By this circumstance and its connexion with the University it is relieved from many temptations to disorder, which are inseparable from a large capital, The town itself is so watched by the disciplinary forces of the University and the police, that a system of espionage over its individual members is less needed than would be the case in a larger city. On both accounts, therefore, there is no parallel between the perils of a student in Oxford and one in London, Paris, Berlin, Hanover, or even Windsor. The discipline of the Colleges themselves is, I believe, mainly preserved through the reports of the porter and College servants ; and the same system might be carried out in its more important features in respect to lodging-houses. They should be periodically licensed by the University, which should also receive from them constant reports of the habits of their inmates. Discommunion and discontinuance of the licence should follow any neglect of this duty, or any kind of collusion with disorderly students, an evil not much to be apprehended in a town, the lodgings in which would be filled with University men, and nmst depend upon University patronage. In this way the habits of students might be ascertained as accurately as those of collegians are now ; and rebuke or punishment be administered as regularly. Additional duties would thus be imposed on University officers; but even were it necessary to create new officers for the purpose, no great practical difficulty need be apprehended from this. Something, of course, might be lost to such students by want of that close and continual intercourse of a man with the habits and opinions of his fellow-students which College life favours. But this benefit is not, I think, sufficiently great or sufficiently certain to create a strong objection to a system in which it might be impaired. On the other hand the advantages of such an arrangement might be considerable, and they would very properly accompany the recent expansion of our instructional course. Some direct and some indirect expenses of College life might thus be avoided. Amongst direct expenses may be numbered tuition fees, library fees, where such exists, and other charges, perhaps, which, however rea- sonable and desirable in many cases, yet might not in all be felt as needful. Indirectly too the College system occasions outlay of money, which a more private method of living could H. H. Vmifjhan^ Esq., M.A. University exten- sion. Lodging of Students in Private Houses unconnected with Colleges. Advantage of such a scheme. 84 OXFORD UNIVERSITY COMMISSION. H. H. VavQhan, Esq., M.A. Jsew Halls. Lodging of Colle- gians in Private , Houses. Attendance on Pro- fessorial Lectures of persons unincor- poiated in the University. Matriculation Examination. Its advantages. avoid. The frugality and prudence of individuals might adopt a lower scale of expense and living than it might be desirable to carry out in a College system, calculated on the average wants of gentlemen. And besides, even were it practicable for students possessed of narrower means than their neighbours in College to adapt their dinners, breakfasts, furniture, gratuities, hospitalities, &c , to their circumstances, yet such a style of living would be exceptional, and might give occasion for remark, or for the suspicion that remarks would be made, and so far an obstacle would generally be found to exist against the application of a rigid economy. A more private system of living, on the other hand, might give opportunity to escape from observation or the fear of it. Something analogous to this supposed state of things takes place, I conceive, in the case of legal and medical students in London. Some even for the sake of economy connect themselves with a club, where they can dine, read new’spapers, &c., upon very reasonable terms. In doing so they practise economy, but such economy as can apply only to their means and habits. Others, for the sake of economy, dine in their rooms, or in cheaper taverns. Their life is more private, and being so, escapes both observation and the consciousness that their appearance differs from that of their neighbours in proportion to the difference of pecuniary circumstances. Thus, I conceive that lodging-houses connected with the University , although not with the Colleges, would extend the usefulness of the Univer- sity system, and I think that such a change at this moment would be opportune as w'ell as advantageous. The University at present, instincts nearly all who are intended for the Church, many intended for the Bar, many intended for the life of private gentlemen, and very few Physicians. By the late statute admitting graduation, so to speak, in the physical sciences and law and history, opportunities are given to students who have scarcely appeared here hitherto. The legal element admits of very large expansion ; so does the medical. It may be said that surgeons, general practitioners, solicitors, and many others w’ho require a good education, never come here to finish it. With better opportunities of learning, and whth happier economical arrangements, it might be otherwise. There would always remain great advantages connected with college life, such as would induce the far larger portion of students to enter as Collegians. But I think that all the natural advantages which the College possesses would themselves be more completely and systematically developed, if it were permitted to students to enter the Lhiiversity as lodgers in rooms (chamber-dekyns). The very existence of a rival system would stimulate the management of Colleges, perhaps, in a good direction. Of course it would be impossible to refuse licenses to Halls if they were granted to Houses. It w'ould be unwise to give permission to small establishments w hich would at the same time be denied to larger ones. In this sense, therefore, new Halls should, I conceive, be encouraged, not as independent institutions, but as large liouses subject to the visitation and control of the University, and conferring no constitutional privilege on those who open them. On other con- ditions, I conceive that Halls may become a nuisance to a University, ports of refuge and sally-ports to idle and spendthrift characters who have been driven from other Colleges, and have entered a Hall that they may have University privileges without University control. I see no objection to Collegians living in the town more than they do at present. Indeed, some suggestions which I shall make bold to offer in regard to the Tutorial system will involve the extension of this arrangement. I do not think it of any great importance to allow attendance on professorial lectures with- out further connexion with the University ; and there are some obvious objections to it, such as w'ould make it desirable to limit such permission to three classes, viz. ; 1st. Youths resident in the houses of their parents or guardians in the town. 2nd. Married men. 3rd. Men who have arrived at mature years, say twenty-six. In respect of such, an arrangement of this kind might be liberal, beneficial, and in all respects harmless. But the general adoption of such a plan in respect to all ages and classes, would tend to fill the place with students exempt from the discipline of the University. In offering these observations, I beg to add that it seems of much greater importance to teach those effectually who already resort to Oxford, than to attract those classes who have hitherto kept away. But the latter object is still a very desirable one. Question 7- — An examination previous to matriculation would, I think, be beneficial and expedient under many points of view. First. Such an examination would, I think, further and assist a good management and distribution of time in education, particularly in reference to the various subjects of instruction. The University has now proclaimed that it will teach more subjects than it has hitherto done, or at any rate that it will encourage the knowlege of more subjects as parts of a good education. Now, it seems necessary in order to effect this, that the years of education between seven and twenty-one should be in some degree methodically distributed and allotted to the different studies of w’hich the whole educational course is to consist. It seems advisable that a certain order should be preserved — that the compulsory prosecution of a certain class of subjects should be brought to a close before the whole instruction is finished — and that a certain other class of subjects should be taken up when the former is relinquished. Thus, for instance, it may be desirable that at a later period in the education scope should be given to the physical sciences, mental philosophy, the philosophy of language, modern history, &c., &c. I am far from laying down that the" study of the natural world ought necessarily to follow that of the ancient languages. I do not contend now for any particular order, but it seems quite neces- sary that some should be commenced before others; and, indeed, that some should be advanced almost to completeness before others are entered on. Now, I cannot but think that one great difficulty which the University must have to encounter in making its system more comprehen- sive as to subjects, wall be much lessened by an examination previous to matriculation. At the present moment the great test of the efficiency and excellence of public schools and other educational establishments on which they are content to stake their general reputation is the evidence:. 85 public cxarniiintion for tlic degree. It is a. great public and comprebensu e tiial ibrougb wiiicli all must pass. Its publicity and its universality constitute it into a generally accepted proof of the education of all educated men. At present, therefore, the schools will teach ivhatever i\\e examination lor the degree comprehends, and the schools will neglect whatever the examina- tion for the degree omits. It is very difficult, therefore, under tlie present system to assign distinct subjects and modes of instruction to schools and the University. For the school teaching will shape itself on the model of the later Examinations in the University. But were an examination instituted previous to matriculation, and w'ere distinctions conferred at such examination, there would be found in this a public test of school efficiency, and masters ot schools and private tutors would turn their energies in this direction. They would not so much attempt to teach all things to their youths as now they will be tempted to do, but they would instruct them eagerly and thorouglily in classical languages, arithmetic, geometry and aDebra, ancient history, composition in verse and prose, and whatever else it might be desii able to insist upon in this examination ; and they would leave it to the University itself to take up the instruction by the addition of higher subjects, or such as might suit more advanced In the second place, an examination previous to matriculation would aid in raising the standard of the future examinations and of the future instruction in the University. It is, I believe, proved by experience that the average attainments of the candidates for a degree can impose a standard upon the examiners. The terms of the statute, for instance, may require correct Latinity, yet the examiners may be, and are, compelled to overlook Latiiiity grossly incorrect, because the great number of bad scholars places them in the di- lemma of abandoning the prescribed rule or rejecting one-half of tlie candidates. Ihe^ former alternative is therefore accepted. Now it would very much aid the possibility of adhering to a good standard for the degree and the previous examinations if a respectable amount of qualification were demanded on entrance. In such case both student and tutor would find a satisfactory and definite point of knowledge and general attainments, even in the most unfavourable cases, on which to commence. Again, it would tend to raise the gene lal standard of teaching in College lectures shoultl this method of instruction be continued, The^ more advanced would not, to such an extent, be retarded and disgusted^ by the reiteiations ot elementary knowledge imparted for the benefit of those whose qualifications are below the respectable standard. And further the University would have fewer “ crammers” within its walls, whose duty it is to bring men of neglected education or indolent habits up to the mark within a few months, and whose skill must consist in teaching a plausible evasion, rathei than a satisfaction of the examination statutes. _ i j • i. Some colleges at present require considerable proficiency in the men whom they admit; but there are many reasons why this should notconstitute the University test. It is veiy' unequal. Colleges which have not a high reputation cannot afford to raise an additional barrier to the filling of the College rooms ; they therefore remain satisfied with very slight knowledge. And it is both impolitic and unjust that one individual by having entered his name at A Col- lege should be kept out of the University altogether, while another individual of inferior attain- ments, who has satisfied the exceedingly low standard of B College, is admitted to the University at once. I am disposed, therefore, to recommend a University examination once or twice per annum, at which certificates for matriculation should be granted, and at which even honouis should be awarded to those inclined to compete for them. This arrangement, it must be added, would operate beneficially and effectually in suppressing bad schools and inefficient private tutors, who can now profess to prepare for the University without exposure, or even, perhaps, consciousness, of their defects. I am disposed to hope that a proper distribution of Fellowships may serve rriost of the good purposes which could be answered by further examinations after the degree of B.A. It must be borne in mind, too, that the continuance ot examinations up to a very late period in academical life, would, in some points of view, be undesirable. Such a system would perhaps tend in .some degree to supersede exertions better suited to develop earnest purposes and original powers bv authorship and independent investigations. But apart from this objection, which, I think, is not without its weight, there are difficulties in giving practical efficacy to a system of more advanced degrees. If the standard be positive, and not merely comparative, every rejected candidate is (like a plucked candidate for the degree of B.A. now), humiliated by failure. To men of more mature years, already engaged in teaching perhaps, and dependent upon their character for their position and income, such a mishap as a rejection would be in a much higher degree annoying. The consideration and sympathy, therefore, of the examiners would be hourly appealed to in an indirect manner, to adopt a very comprehensive standard in awarding such degrees. Thus would the examinations perhaps be kept down to a lower point than would serve to stimulate the industry ot the older members of the University. This difficulty could be avoided by making the degrees objects of competition, but in this we should perhaps feel the effects of the other evil to which I liave alluded, — we should be giving too much care perhaps to develope docility and accomplishment at the expense ot more masculine and efficient faculties. As to making some part of the academical course more directly subservient to the future career of students, I conceive that a real comprehension of all the different branches of knovv- ledge, such as will not only permit but encourage them, will effect this purpose so far as it is wise to do so. There is much in medical and in legal studies which cannot be effectually taught at the University ; so also of engineering, agriculture, politics, &c. But there is not one of these professions for which the University will not very effectually educate in the most essential and fundamental particulars, if she do but heartily faithfully carry out the system H. H. Vaughan, Esq., M.A. The higher Degrees. Examinations for them impracticable. Profbssioxal Studies at Oxford. I Defects of the new Statute. Frepoiiderance of the Theologieal element. Tl'tokial System. The Professorial System. Need of it in Oxford. Obstacles to it Oxford. which slie has recently established. As society is constituted, for the present, I see no necessity for more than this. It is one pecidiarity of our social condition that we have too much rather than too little time to learn the specialties of the higher branches of professions; and it has been hitherto the evil of our system of education, that a good foundation in general knowledge has not been laid through which these specialties can be approached effectively and in a liberal spirit. A ]ihysician might well learn chemistry, physiology, mechanics, botany, and natural history, and anatomy at the University, and the rest of his profession could be imparted to him in the London hospitals and medical schools. Hitherto the study of therapeutics, pathology, &c., has been learned in London, along with sciences which should have been known before the commencement of jmrely professional life. I confess that, in my opinion, the present Univer<=it 3 ^ scheme (liberal as it is comparatively), is still deficient in not having eman- cipated the final examinations more completely from classical and theological studies nscompul- sory on all. Nor do I think that until this be done, much tvill have been practically effected in physical, historical, and mathematical instruction. I advocate these studies not merely, nor indeed by any means chiefly, as subservi<^nt to a future practical career, but also as most whole- some and delightful gymnastics of the mind, infinitely valuable as a part of education. I venture also to say that it is hard to read over the list of subjects required for the degree now, without being struck by the very large preponderance of the theological element. A man who can take a degree is already, in point of attainments, three- fourths of a Clerk in Orders, but he is not one-fourth of any other profession. I am not. insensible to the higher value which must nece.ssarily be attached to religious knowledge above other branches of learning. No. 7. The (University is now instructed generally by tutors. The cost of this instruction given to some HOO or 1500 men is considerably more than 20,000/. per annum. I cannot but think it desirable that some higher kind of information should be provided for the University than can be secured to it through the average attainments of some eighty able men, teaching, each of them, many subjects, and adopting this occupation for a few' years only, till a College living or some other preferment enables them to quit the place. It is evident that the qua- lifications of individuals will differ most w'idely, but that the average is not likely to be very high under an arrangetuent w’hich gives no increased advantage to the most painful over the most perlunctory discharge of sucli duties. On the modification of this, the tutorial system, I shall speak hereafter. But regarding it under the most favourable form, I need not say that it must be much more practicable to obtain one man of first-rate powers and attainments in any department of learning, than it would be to provide twenty-four or twenty-five such ; and more easy to find this superiority in one whose life is to be devoted to his pursuit than in those whose application to it is felt by themselves to be temporary. It can scarcely be doubted that the absence of the Professorial element in its vigour is one great cause of the comparative silence of the University of Oxford upon scientific and literary subjects when contrasted with Paris, Edinburgh, and the foreign universities. To some it might possibly present itself as an objec- tion to the Professorial system in general, that it would introduce amongst us a style of teaching and a tone of opinion on all subjects similar to those which pervade continental universities. Without entering at all into the probable mischief of such a result, I cannot help observing that such an apprehension appears to me hasty and ill-founded, and indeed, if duly considered, the reverse of the truth. At the present moment the teaching of the University is, on the whole, indirectly determined (so far as the information itself is concerned) by the Professorial system. Our classical manuals, editions, histories, grammars, &c., are the w’ork of Professors. These Professors are foreigners, and as we have no similar class in our own University, which might supply us, their superiority to our home-gi'own literature on such subjects is incontestable. The University is thus obliged to adopt the works of foreigners on many subjects, and with this is coupled the necessity of instilling in some degree their general principles of criticism and philosophv'. Had we a Professorial system of our own embracing all the great subjects of instruction, the national character and genius would assert itself in their works. The spirit of our own institutions, intellectual character, domestic life, and moral qualities, would necessarily be at work in the minds of our Professors to form a literature and philosophy independent, native, and in the truest and most valuable sense congenial ; it would, therefore, not tend to make us copyists of foreign systems either in form or spirit, but would open for us a new source of independence in these things. I do not confine the utility of Professors, by any means, to the direct teaching of under-graduates ; but an infusion of such teaching into the University system must be beneficial, and must tend to give interest, comprehensiveness, and depth to the instruction. At present there is scarcely room for Pi’ofessors at all. College lectures begin early in the morning, and do not cease until tw'o o'clock. College discipline — over w'hich the Professors, of course, can exercise no control — enforces the attendance on College lectures. fl'Iie Professor, therefore, at present must take his choice between an hour when men cannot come, and one when, if they do come, they cannot give their faculties, w'ith profit, to his lectures. As Professor of Modern History, I gave notice of some lectures for last term, at one o’clock. Many names were put down; there came from some Colleges as many as tw'elve or fourteen; from others — as, for instance, from Exeter, Lincoln, Trinitj', Wadham, Magdalen, Queen’s, Pembroke, and Worcester, scarcely a man appeared. It cannot be sup- posed that out ol half the Colleges not one man washed to attend; while, out of the other half, some single Colleges produced twelve, or even fourteen or sixteen attendants. It must be inferred that the College arrangements, in the case of Balliol, L^niversitj', Christ Church, &c., assisted the attendance, while in other instances the Colleae arrano'ements interfered w’ith ^ ... . ® ® it. The case of one College in particular illustrates this, out of which appeared, at the first lecture, nine or ten men, wdio were subsequentlj' obliged to withdraw their names because their College Tutor required their attendance at the same hour to learn another subject. I by no means wish to have it inferred that in this particular instance the tutor did not exercise EVIDENCE. 87 a rnost proper discretion. I offer the fact only as an illustration and proof of the manner in which the Tutorial and College system now impedes even the partial action of the Pro- fessorial. I think that the two might be combined, under whatever form the I'utorial system continues to exist. It has already been proposed, in more than one publication, to eflect the combination by retaining the Tutorial system in its present action up to the last year ; and by transferring, at the commencement of the last year, the students to Professorial in- struction. This arrangement is advocated on the ground that the last year vyould find the students sufficiently advanced to need, and to profit by, a higher style of instruction. I confess that to me this mode of uniting the two systems appears objectionable on the following grounds. In the first place, such an arrangement would, I think, tend to make the Professor into a 1'utor of the third year. The functions of Professor would become merged in that of Tutor- Professor, and the tendency towards this result would carry with it an undesirable change in the habits and faculties of the Professor himself. Again, such an arrangement is not, I think, based on a sound view of the condition of the students. Some are more advanced in attainments and have greater powers of comprehension and digestion in their first year than others have in their last; and with respect to such it would, I think, be unwise, almost unjust, to keep them in the University for two years without opportunity or encouragement to catch the spirit of its best instruction. And even with regard to the less eager students, it does not follow that they might not attend with profit a Professorial course, a part of whose functions it should be to kindle an interest and to exhibit a proper method of inquiry and thought, and so to aid in bringing sluggish temperaments and dormant faculties into action. On this ground I am inclined to think that even the less advanced might attend with benefit and listen to one whose talents and attainments had raised him to such a position as a chair in our University ought to be, and, I trust, will be. If the system of tuition in Colleges, therefore, is maintained, as a compulsory and universal means of education, it might be accompanied by an arrangement which should somewhat relax the exclusive character of its action, so as at least to be attended by a concurrent instruction through Professors. A portion of each day should be left saci’ed to the attendance on Professors. Were even one entire available hour of the day — an hour in which the faculties are still fresh, kept disengaged from Tutorial work, even such an arrange- ment would give much more freedom to the Professorial system than it possesses at present. Such attendance should be considered as part of the vvork ot the place. In so far as the lectures of the tutors are compulsory, there would be no anomaly at least in requiring a certain amount of such attendance on the University Professors. Thus much might be done directly.^ The same purpose might be assisted indirectly by giving the Professors a superintendence of some kind over the examinations in the different departments ot knowledge. By the adoption of this plan a double purpose would be answered ; the quality and character ot the examina- tions might be steadily raised by the supervision of men masters in their department. 1 he system of examinations has grown upon us, and we must accept it for the present as the means of stimulating and directing the insti’uction and the energies ot the students. But the system has not kept pace with itself its all respects. Examinations have been instituted, but measures to provide thoroughly good examinations have not been taken at the same time. In some tew instances the Examiners are not paid at all, their work is given gratuitously. In few cases are they selected in a manner quite satisfactory, at least there is no guarantee given that very able men will be appointed ; so that, what with underpaid services and hap-hazard appoint- ments, this function in the University has been imperfectly discharged. Yet I feel that there is none upon which the success of the University system more materially depends. Po exclude so far as possible the favours or injuries of chance — to foil the arts of “cram’ — to apportion the success to the industry, the talent, and the good sense ot the students — is, in effect, and, indirectly, to secure good teaching, and good, energetic, honest learning. Good examina- tions can help to effect all this, and good Examiners only can produce good examinations ; and masterly knowledge, aided by high talent and discretion, alone can make good Examiners. The Professors, therefore, ought, I think, to exercise a constant though not ayi exclusive control o\^r the examinations. This is to be desired, in the first place, in order to aid the introduction and maintenance of first-rate examinations ; it would also serve the purpose ot diffusing the results of Professorial teaching generally throtigh the academical body. Students and teachers would wush to become acquainted with the Professor’s mode of treating the subject, so soon as they thought it probable that the knowledge thereby gained might avail somewhat in the schools. On the W'hole, therefore, if the Tutorial system is continued under any form, I think it would be desir- able to relax and temper it by devoting some part, however small, of the day to Professorial instruction ; by insisting on attendance as n jmrt of the compulsory system which is now' carried out in respect of Tutors’ lectures; and by giving to the Professors in the several branches ot know'ledge a part in the public examinations, either directly or indirectly, through the appoint- ment of Examiners. I'he second of these three expedients is applied already, in some degree, by the recent Examination Statutes. An attempt was made also, on the same occasion, to introduce the third, bj' directing that Professorial Boards should nominate the Examiners, but the provision was unfortunately rejected by Convocation. As to the number of Professors and endowment of Professors, I think that the number in some branches should be increased. Ihe Moral Sciences for instance, or to speak more accurately, the Mental Sciences, are very inadequately represented by a Professor of Moral Philosophy, a Professor of Aristotelian Logic, and a Professor of Poetry. Were these ex- panded into a Professor of Mental Philosophy, a Professor of Moral Philosophy, and a Professor of yEsthetics, the arrangement would be more satisfactory; and in consideration of the great extent of the History of Philosophy, it would, of course, be desirable to establish a Professorship on this subject, holding a position in some senses analogous to the Professor ot Ecclesiastical History. It is deeply to be desired that all the laws of Nature, mental no less H. H. Vaughan, Esq., M.A. Combin-alion of tlie two systems. Examination by Professors, Idea of a good Examination. New Professor- ships — Mental Philosophy, .Esthetics, History of Philosophy., 88 OXFORD UNIVERSITY COMMISSION. H. H. Vaughan, Esq., M.A. Professors of English History and other European History. Endowment of Professorships. Their value should considerably exceed that of Tutorships. Sources of their Endowments. College Revenues. Reasons for such appropriation of them. than physical, should be investigated and taught at Oxford. The University lias in her system too mucli ignored the latter, and slie has dealt with the former in an exclusive and timid spirit. I do not mean to assert that tliis has been done consciously, and I am aware that the recent cultivation of Physical Science has rather led to the impression with many that Mental Science occupies a region too dark for the operations of the human intellect. But I trust that no chancres made in our system would be based on such an»assurnption. Indeed, if means could be found to increase the number of Professorships, it. would not do more than meet the wants of the University to establish tico Professorships of Mental Philosophy, two Professorships of the History of Philosophy, and one Professorship of Morals. But I am aware of the difficulty of providing funds, and I think it woidd be better to establish one Professorship with a sufficient endowment than two with insufficient salaries. There is, perhaps, no subject the exteyisiveness of which more claims consideration than that of “ Modern History.” History is not a statement of principles so much as of details more or less comprehensive ; and for this reason a course of lectures can cover a small part of the whole subject when compared with a. course of lectures on any of the sciences. There should, I conceivej be a Professor of English History, and at least two other Professors for the history of the other European nations. Indeed, the subject in point of extent is so vast, that any distribution of it must look like a make-shift. 1 am inclined to recommend a separation of the treatment of modern history into nations rather than periods, because in this way is secured a more complete unity in the interest, and a greater variety (on the whole) in the phenomena, and it tends to give a wider grasp of the sub ject. The endowments of the Professorships are inadequate. Lord Bacon’s complaints on this subject might be repeated at the present day. The splendid incomes which talent and energy may look forward to in the learned professions, and particularly in the Church, must always operate to draw away from the University many of its ablest men. But this difficulty should not induce us to neglect means for retaining and attracting great faculties to the Professorial chairs. It cannot be right or wise that county court judges, police magistrates, secretaries to railways and public boards should receive for the employment of their time 1,000/., 1,200/., 1,.500/. per annum, while University Professors are asked to perform duties requiring great knowledge and abilities of a less common description without half the remuneration. I think that thei^e should be secured to a competent Professor such an income as will enable him to marry in his office, and look forward to continuance in it as the work of his life. The Univer- sity, too, should be in a position to command the services of the most distinguished men in the several sciences, and to hold out to its members the University Professorships as rewards to a career of industry. The Professorship shoidd be a stimulus to the Master, as the Fellowship is to the Undergraduate and Bachelor ; and when once appointed, the Professor should feel his position (generally speaking) to be his home and his destiny, so that he may continue to concentrate h?s interests and exertions upon his subject. The Tutorships m the University at prus^nt confer an incon*ic, I conclude, of at least 500/. per annum on those uho hold them in connexion with fellovvships. If the Professorships do not range considerably above this, the foundation of Professorships will, in effect, simply add a certain number of University tutors to the present staff’ of College tutors, and their effect on the University system will amount to very little indeed. , tt • i The endowments of Professorships might be derived fr.om three sources,— University tunds. Students’ fees. College subscriptions. The University, it is said, proposes, at the present moment, to apply nmnies in the University chest, derived from the Clarendon Press, to the better payment of Professors. These, and similar funds, might be made available hereafter to the same purpose. In addition to this, if the Tutorial system be preserved, and, at thesame time somewhat relaxed, in order to give some room for the action of the Professorial, the fees of the students might not unreasonably be diverted, in part, into a students’ fee fund, which could aid the supportof the Professorial staff; and, last of all, the revenues of the Colleges could be called upon to furnish some supplies proportionate to the wealth of each College. 1 am aware that such a destination of any part of the College property could not have been con- templated by the founder; at least, the College statutes contain no provision of this kind. But I believe that College funds are daily applied in a manner not contemplated by the founder. In manv instances, the statutes have enjoined the creation of additional hellowships, in proportion to the increasing value of College property. Such Fellowships hav^e not been created • and probablv it is well that they have not. In some Colleges, probably m most, llvino-s have been purchased out of the savings of the College revenues. In some Colleges, it is said "that money is habitually put aside for the purchase of advowsons. Again, the College money is frequentlv applied by Colleges to good and charitable jiurposes not mentioned nor in any way recoc^nised bv the statutes. In all such cases the College property is diverted from the application to which its founder has destined it. And perhaps it would not be easy to name any object better calculated to further the general purposes for which the Colleges exist, than the support of those, who, directly and indirectly, are combined with the Colleges in advancing the learning and the instruction of the University. If, therefore, the College revenues are fairly and beneficially applied at present, there can be no injustice or inconvenience m charging them with a contribiition to the Professorial system ; and if these corporations were warranted by the leo-islature of the country in devoting some of their tunds to such a purpose, the justi- fication of such a proceeding would be complete both in form and substance. Such a course would effectually further the great ends for which the Colleges now exist. It would be war- ranted by the general principles affecting the relation between the State and such institutions. If it be successfully contended that property so favoured by the laws of the land lies entirely out of the reach of parliamentary enactments, then must all such institutions be permitted, under any circumstances, and throughout all time, to degenerate, first into uselessness, and tmally EVIDENCE. 89 into mischief, against which there is no earthly remedy ; and the State would be obliged, in H. H. Vaughan, true policy, to disallow the foundation of any such public institutions in the first instance. If Esq., M.A. it be urged that such corporations are not rashly to be remodelled by the State, this must be admitted ; but the applicability of such a warning to the case of Colleges, which have existed for centuries, and have become subject to changes such as have already made a great part of their statutes obsolete and impracticable, must be denied. Without entering into the details of an argument on this topic unnecessarily, I venture to express my opinion, that the property of Colleges in some way might be reasonably and beneficially charged in proportion to its amount with a contribution to the maintenance of a Professorial staff. A system of super- annuation at a certain age, or after a certain number of years passed in active service, would be Superannuation, reasonable. Question 9. For the appointment of Professors a different system might be advantageously Appointment of adopted in respect of different Professorships. They might, for instance, be divided under ko^essobs. this point of view, into three classes. The one should be appointed by the Crown, and the Professors so elected should be entitled Regius Professors. I believe that no one would desire to exclude the responsible adviser of the Crown from the discharge of this trust. The second class of Professors I would propose to appoint in the following manner : — In respect to these, the Legislative Board, of which I have given a sketch, might be brought into action in The Crown, the following way : — It is assumed here that such an assembly consists of all the Professors. These might be divided into several boards, called Faculties, and entitled respectively, the The Faculties. Theological, Historical, Physical, Mathematical, Moral or Mental. Within these several faculties would be included all the Professors connected with such departments. The faculty of History, for instance, would consist of the Professors of Modern History, Ancient History, Political Economy, &c. The faculty of Moral or Mental Science would comprise the Pro- fessors of Moral Philosophy, Mental Philosophy, Poetry, Aesthetics, &c. With the several Professors so constituting these faculties respectively, might be associated, if it were thought well, one Head of a House, and one Regent-master, selected on a principle of rotation. One third, therefore, of the Professorships in the University might be elected by that faculty in the congregation (associated to a Head of House and Master), to which the vacant Professorship belonged. Thus, for instance, the Professorship of Mineralogy might be appointed to by the votes of the Physical Faculty, composed of the Professors of Physiology, Anatomy, Geology, Chemistry, Mineralogy, &c. The remaining third part of the Professorships should be reserved to the election of Convocation in the usual way. The Professors so elected should be en- titled respectively, “ Regius Professor,” “Faculty Professor,” and “ Masters’ Professor; ” and this title should be expressed in all their notices and University Acts. I propose these several methods of appointment; First, because I think that some variety in the mode of election may tend to secure the independence of the University; Secondly, because it may tend to sustain a spirit of emulation in the choice of good Professors; Thirdly, because there are some distinct advantages in each method recommended ; and. Fourthly, because such a system will not seriously infringe on the habitual privileges of the several ranks in the University. The Prime Minister sustains a weight of public responsibility such as must, in general, place the temptation to do his duty above all others. The Faculties must be supposed to have the best knowledge of the person fit for a vacant professorship, and in this respect they would satisfy a condition in which the ministerial appointment would be most liable to fail, i. e. personal knowledge of the attainments of candidates ; and they may be supposed to have at heart the general credit and success of their department in the University. In the case, therefore, of election by the Faculty, three conditions would be secured, all of which would serve as guarantees for the excellence of the appointments : knowledge of the merits and the character of the candidates; interest in the subject, and its successful prosecution in the University; and a sense of personal responsibility. This last ingredient it is of great importance to pre- serve, and it appears impossible to secure its existence except by intrusting the election to a single person, or to a few persons who will consider themselves, and will be regarded by others, as morally accountable to public opinion and to their own consciences for the success and propriety of the election. Any method of appointment which approaches in its nature to a popular election must be objectionable from the practical irresponsibility of the individuals who vote. Convocation is already in possession of some appointments, and perhaps it would be difficult and unnecessary to suppress altogether this method of election. No limitation or disqualification which occurs to my mind can be other than an evil in the Limitations on appointment of professors, and the existing limitations as to previous service for five years. Professorships, celibacy, connexion with particular Colleges, &c., go far to make the existing foundations useless to which they are annexed ; and whatever may be recommended by Her Majesty’s Commissioners as to the better endowment of Professorships, it would seem quite unadvisable to accumulate higher salaries upon such existing foundations as are burdened by restrictions of this nature. Question 10. — I think that all Fellowships should be absolutely open, without any restric- Restrictions on tioh as to birthplace or profession; it cannot be doubted, also, but that the confinements of Fellowships. particular schools to particular College Fellowships must operate unfavourably upon the general education of the country. As to birthplace, the relation of particular localities to the country generally is utterly different from what it was when most of the Colleges were founded, and when the habits and feelings of different provinces were sufficiently dissimilar to foster a state of actual hostility between the men of the northern and southern counties. With Reasons for our facilities, too, for locomotion, not only has the place of birth ceased to be any such tie upon removing them, the individual in after-life as it formerly was, but it has ceased even to found a strong pre- sumption that the individual born there is connected by relationship with the families of the neighbour’nood. There can of course be no question that Fellowships appropriated to pro- 3 N ( OXFORD UNIVERSITY COMMISSION. 90 H. H. Vaughan, Esq., M.A. The vital impor- tance of this. Fellowships should be open to various merit, and to Laymen. Cause of the decline of Mathematical study. Fellowships must be open to those who obtain distinc- tion in the new Studies. In each College a certain number to certain branches of knowledge. vinces are in a far less degree encouragements to a high standard of education than open Fellowships ; and here I crave permission to observe, generally, that the allotment of the Fellowships most deeply affects the well being of the Universities; they are the centres of the whole academical system, they act upon all parts of the University at once— Undergraduates, Bachelors, Masters, and Heads of Houses— on all who study, all who teach, and all who at present govern. They are the rewards to which the Undergraduates and Bachelors look, and for which they labour ; they support the Resident Masters and Tutors, and therefore provide the instruction ; as through the Heads of Houses who are elected from the Fellows, they deter- mine the discipline and government. I feel strongly impressed with tlie conviction that their utility mav be much extended by opening them to merit, and by opening them to all kinds ot merit, irrespective of birthplace and j>rofession, and so as not to favour one class of studies only. As to the Professional restrictions, in many of the Colleges, I believe in most, laymen are not piermitted to hold the Fellowships permanently. This has been an evil, and will be a greater one if the birthplace restriction is removed, and at the same time the clerical restriction is re- tained. It has already prevented laymen who may have distinguished themselv es in their academical career, from obtaining the due rew’ard for their industry; it has prevented some from devotinf^ themselves to literary and scientific pursuits, who may have had a real call to such occupations, without feeling any such call to “preach the gospel” as ordination pre-supposes. It has exposed the University to the shock and disturbance of all ecclesiastical agitation, by reason of the so exclusive predominance of this one profession, so that the studies have been arrested, and the qualifications of men for high academical oflSces and duties altogether mis- iudo-cHl in consequence of the struggles for ascendancy for particular parties m the UiurcL It was'notorious on one occasion, that the chair of political economy was assigned to a gentleman by a relio^ious party, in consequence of his supposed orthodoxy, on a purely ecclesiastical question, luid their countenance and support was again withdrawn from him on account ot a supiiosed heterodoxy on another religious point. The Professorship of poetry was contested on relio-ious grounds, by two parties in the Church ; the election of the Vice Chancelloi was interfered with and embarrassed, and the University much agitated m consequence, by a relimous party who wished to signify their disapproval of the conduct of the Hebdomadal Board. In fact, the entire devotion of our institutions to the Clerical Profession has b^n m many points of view disadvantageous. I should regret to see any other protession substituted in its place; I think we are far better with an University of clergymen than with one ot lawyers or soldiers; but the exclusive prevalence of this order has, I think, in addition to the eiils above mentioned, produced even a jealousy and fear of certain sciences which the meinbers ot a University oimht to encourage. The inconvenience resulting from this arrangement has not always been through the distinct opinions and prejudices of individuals, so much as through the treneral tendencies of the whole body so composed ; and it must be recollected Aat the relation ot ?he clero-y to learning, literature, science, the arts and professions, is utterly ditTereot trom "hatit was in former days. I think, therefore, that the restriction which confines Fellowship and the benefits of Fellowship to clerks in holy orders ought to be very largely relaxed ; and I thmk, moreover, that the Fellowships should be opened practically to merit iii all branches ol learning which the University system now recognizes. At present they are practically devoted to the literae humaniores ; the examination at most colleges is traditional, and the only merit recognized in the award of Fellowships is classical knowledge and taste, and the power of dealing with moral and historical questions— departments of prime importance and great value but no longer deserv- ing exclusive ascendancy. When a mathematical tutor is wanted in the College, an exception is commonly made in the principle of election, but as a general rule, even mathema- tical attainments are disregarded in the choice of Fellows, and the consequence has been that in spite of distinctions, classes, and scholarships, the study of nriatherna ics still languishes. The number of candidates for honours does not increase ; the reason is not doubtfuh mathematics in Oxford are a bad investment for intellectual, physical, and pecuniary capital The Fellowships are the first substantial return for all the money and toil and selt- denial involved in an intellectual education. The prospect of a Fellowship closes the vista, it leads the eye, and directs the energies as well as aniinates them. On this account, notwito- standing all the honorary and titular encouragements given to mathenmtics, they are practical y discourao-ed. This consideration is one of vast importance in its bearing on the recerd extension of University studies. If it be seriously desired and intended to give vitality to new studies, we must operate upon the Fellowships for this purpose. I e wurse o thino-s is left to itself the traditional system of election will probably prevail m the Coileps. The^examinations will embrace the old topics ; the new either will not be admitted, or, it intro- duced will but lightly or occasionally affect the election. Thus under a system nominally comprehensive we may find our actual course as narrow as ever in its range, and perhaps even less energetic than before. For if the Fellowships be opened to merit, and this merit consist in the Classical proficiency of persons destined to holy orders alone, the standard ol ex- cellence will fall, even in classical subjects, lower than at present. Let us suppose thirty Fellowships vacant every year in the University : under this sys^rn every second class man in classics might be sanguine of obtaining one. In lieu of the few Fellowships now open to com- petition and stimulating to great exertions the numbers will be largely multiplied and the pressure of motive to exertion be proportionately lowered. I do not mean to state that an encouragement to mediocrity has not its advantages: it is better to be in the middle than at the bottom, to be indifferentiy good than bad. But I think that those who seriously consult the improvements of our institutions cannot be content with such ; I would propose, therefore, that a certain number of Fellowships in each College should be specifically devoted to certain learninn. This arrangement, I believe, and this alone, will secure the cultivation of all valuable knowledge— classical, historical, theological, philosophical, madiematical, and physical. 1 do EVIDENCE. 91 not suggest that all the Fellowships in each College should thus be assigned to specific studies ; some should be left free to the tastes of the Fellows and the particular needs of the College to determine ; this would give freedom and elasticity to the system. The best men in each de- partment would of course compete in those Colleges in which the Fellowships are most valuable ; and for this reason, amongst others, it is not to be regretted that College Fellow- ships are not of equal value. Of course these Fellowships should be awarded solely to intel- lectual merit, on the condition that the ordinary testimonials for good behaviour are produced. I venture to submit it also to the discretion of Her Majesty’s Commissioners to consider " Ae- ther, in the case of these Fellowships, an appeal should not lie to the faculty connected with the subject of examinations, as to the propriety of the examination, or the justice of the decision. The certificate of the Board of Appeal might be given in favour of the appellant only ni very decided and clear cases, and might have the effect of altering or annulling the election. This destination of many Fellowships to particular subjects, I repeat, appears almost necessary to the encourao'ement of great exertions in the old studies no less than in the new; and I have sugo-ested an appeal only because otherwise the success of the experiment could not be abso- lutely secured. Let it not be supposed that the principle of such an arrangement is an entire departure from the principle on which the Fellowships were founded ; on the contrary, it is a return to a system from which the Colleges have gradually swerved. Two things are observa- ble in the foundation of College Fellowships. The first is, that they were instituted very com- monly to promote the study of particular sciences. In Oriel College these sciences weie theolox, B.D, 1569), present, as their leading feature, the absorption of all real power by the Colleges. In Hebdomadal virtue of them, the entire government of the University practically resides in the Board, of goard. Heads of Colleges and Halls, with the addition of the two Proctors. The effect is, that the entire discipline and system of instruction is placed under the control of a body of men mainly selected with exclusive reference to the interests and objects of the societies to which they belong, and without regard to the requirements of the University at large. Hence it is obvious that it is but accidentally, and in the degree in which those interests and objects are identical with those of the University in general, that any peculiar fitness for academical government can exist on the part of the elected. I have known, for example, more than one instance of a Head of a College, selected by way of a convenient compromise between rival tutors j one case, where the election is supposed to have rested on the ground of mere financial talent ; another, in which a candidate who had retired from academical life to the duties of a country parish, was invited to terminate a contest between resident aspirants to^ the Headship ; another deriving his appointment from the exercise of aristocratic influence with the party in whom the choice resided. In a more recent instance, the election resulted, it is believed, from the struggles of parties, with whom strong ecclesiastical feelings prevailed over all other considerations, and such a case is likely to be of frequent occurrence. In no one case do I believe that the question of fitness for University government has ever even occurred to the mind of a single elector. It will scarcely be deemed invidious, if in illustration of what appears to me to be the necessary consequence of the principle, I observe that, proportionably to their numbers, the Heads of unincoqiorated societies, having seats at the Hebdomadal Board, exhibit a greater amount of practical talent, aptitude for business, and academical reputation, than those who sit there as representing Collegiate bodies. The former deriving their appointment (with one exception) from the Chancellor of the University, may indeed sometimes owe their selection to partial considerations on the part of the patron, but at least exhibit the effects of a choice emancipated from the control of College interests. To the mode of appointing the Vice-Chancellor I can offer no other objection than that Appointment of which attaches to the defective constitution of the body from which he is, almost of necessity, Vice-Chancellor selected. That of the Proctors I conceive to be highly objectionable ; injurious to discipline, rociors. and by reason of the patronage exercised by those officers under the present statutes, injurious also to the educational interests of the University, as occasioning the^ selection of Public Examiners, Masters of the Schools, and other similar functionaries, chiefly in deference to the particular Collegiate body with which they are connected. The Proctors are besides constituted by the statutes, and under the provisions of Founders’ wills, judges (jointly with other University officers) of the compositions sent in for the University prose and verse prizes ; and being nominated from year to year according to a cycle of Colleges, and chosen from considerations of seniority below a certain standing, independently of academical distinction, experience, or reputed talent, cannot in the nature of things, be generally fitted for the exercise of such powers as are vested in their office by statutes and Founders wills. They aie besides, from the circumstance of their being frequently non-resident during the period which precedes their year of office, unacquainted with the manners and habits of the youth of the University, and the peculiar dangers to be guarded against as regards morals. The fact also that both the Proctors, and their four pro-Proctors are new to their office each year, is prejudicial to discipline. Their intellectual incompetency, under the present mode of appointment, is at once made patent by the fact, that not a moiety of the Proctors nominated during the last quaiter of a century have been marked by any academical distinction whatever. Even as regards the distribution of power and influence among the Colleges themselves, the existing cycle, of which the principle is matter of controversy, is unjust. Worcester College having no place in the cycle, as having been incorporated since the reign of Charles the First; University, Balliol, and Pembroke Colleges, having a nomination once only in twenty-three years; while Christ Church, Magdalen, and Wadham Colleges, enjoy nominations every 4, 8, and 9 years respectively. The unincorporated societies are absolutely excluded from the cycle. 1 would submit to Her Majesty’s Commissioners the expediency of adopting, as a remedy of the evils Proposed Board of on which I have remarked, the incorporation of the Professorial body with the present Heads Heads and Pro- of Colleges and Halls, in the government of the University, and a limitation of eligibility to fessors. Headslups (whether of incorporated or unincorporated societies) to persons who have successfully filled the offices of University Tutors or Professors, for a certain period. I do not conceive that any such interference with the rights hitherto exercised by Societies, or by the Chancellor of the University, could be fairly objected to, if viewed in connection with the influence which, in the nature of things, will still be exerted by Collegiate bodies over the general action of the University. I would exclude the Proctors altogether from the Hebdomadal Board, render them permanent officers for a period of years, devolve their appointment on the governing body of the University, and limit their functions to the task of maintaining discipline, and assisting the Vice-Chancellor in the despatch of University business. Under this head, I should perhaps add, that unless the composition of the University Convocation underw’ent extensive revision, it is indispensable that the election of Professors, Law Scholars, and others, now vested in it, should be transferred to such a governing body as I have suggested. Of elections in Convocation, it may be said, that even Elections by Con- where the result has been to secure the appointment of the best candidate to such chairs as vocation, those of Logic, Political Economy, or Poetical Criticism, the election has in point of fact generally turned upon considerations wholly irrespective of those of fitness for the office. 94 OXFORD UNIVERSITY COMMISSION. Rev. W. Hayward Cox, B.D. UxiVERSITY Extension. 6. The means of extending the benefits of the University to a larger number of Students. (1.) By the establishment of new Halls, whether as independent societies, or in connexion with Colleges. (2.) By permitting Undergraduates to lodge in private houses more so than at present. (3.) By allowing Students to become members of the University, and to be educated in Oxford under due superintendence ; but without subjecting them to the expenses incident to connexion with a College or Hall. (4.) By admitting persons to Professorial lectures, and authorizing the Professors to grant cer- tificates of attendance, without requiring any further connexion with the University. New Halls, mischievous. Lodging in private houses, as now permitted, mischievous. but under due superintendence advisable. Of the means alluded to by Her Majesty’s Commissioners for extending the University, the y?rs?-named appears to me to be wholly undesirable, whether the new Halls referred to existed “ as independent societies,” or, more objectionably still, ‘‘in connection with the Colleges.” The latter would inwolve an aggravation of the evils recognized as attaching to the College monopoly, while it introduced additional social distinctions of an invidious character, such as are exemplified at Christ Church, Magdalen, All Souls, and New Colleges ; in the line drawn betiveen student, chaplain, and servitor, at Christ Church ; and between fellow and chaplain in the latter societies. Independent Halls (I confine the term to institutions of a permanent character) would, on the other hand, perpetuate and extend the defects attaching to the present five unincorporated societies ; none ot which, either on the score of economy or intellectual advantage, can compete with the collegiate system, even in its present faulty state. It is probably to the superiority of the collegiate system that the decline of the Halls in number and importance is mainly attributable. The monopolizing spirit ot endowed societies could scarcely have succeeded so entirely against the Aularians, had not Colleges, coin- cidently with successive enlargements of their buildings, according to the provisions ot the Laudian code, found the means of extending the tuition provided for endowed sholars to numbers of independent students, who received partial benefit trom the foundation with which they were thus connected. My own experience, as Vice-Principal of St. Mary Hall during twelve years, leads me to estimate the necessary expenses of an undergraduate at a Hall as 25 per cent, above the average of those at a College, taking the caution deposit, fees at entrance, and the aggregate of fees paid to the Principal, Vice- Principal, tutors, manciple, cook, porter, and servants generally, together with the charge for room-rent in the Hall, and the corresponding fees in the Colleges. I conceive that the effect of new independent Halls must be to present all these economical drawbacks, together with an increased expenditure, proportionate to the interest on the outlay of cayfital on a site, and on the erection of buildings, except in cases in which private munificence might intervene to relieve the pressure. And, supposing the present system of collegiate tuition was retained unmodified (a thing much to be deprecated), all the evils which arise from a violation of the principle of division of labour, such as mediocrity in instruction, and a limited range of subjects taught, would exist in a three-fold degree in Halls of ordinary size. But I insist the less on this point, because I am disposed to urge strenuously on the Commissioners the expediency, if not of a total abolition, or at least a very extensive modification of the collegiate system of tuition itself, which at present exhibits, though in a less aggravated form, all the defects ot an Aularianone; and should the University system of tuition be restored. Halls would in this respect cease to labour under any peculiar disadvantages as compared with Colleges. I may here remark, in passing, that, viewed historically, the decline of learning in the University is co-existent with the absorption of the University by Halls and Colleges, as the latter gradually took the whole public teaching of the University info their own hands. I address myself to the three other expedients enumerated by the Commissioners, as pos- sible means of extending the benefits of University education. I would not sanction the practice of lodging in private houses on the part of students attached to any College or Hall ; my experience leading me to believe that, while the collegiate system is defective as regards the moral superintendence even of those students who reside within the walls, opportunities, amounting to absolute license, are afforded to those who lodge beyond the College walls, aggra- vating these defects, by facilitating indulgence in extravagance and dissipated habits, beyond the power of the collegiate authorities to remedy, or even to check. I speak very decidedly on this point, from intimate knowledge of the mischief which constantly arises frorn the practice in its present limited form. In the case ot freshmen, it would be absolutely ruinous, I know it to have been so in cases where young men, recently from school, have been placed in lodgings during the day, though they slept within the precincts of the College of which they were members. But these objections do not attach to the third suggestion of the Commis- sioners, which appears to me to be perfectly unexceptionable. Under “due superintendence, whether it be that of a parent, a guardian, a relation, or a tutor, every conceivable advantage might be realized ; economy, religious training, moral influence, and the selection ot the best intellectual instructors which the University at large could supply. I am inclined to think, even, that the juxtaposition to the Colleges of such a system would result in the introduction into the latter of many expedients for improving the relations which exist (or, ratlier, intro- ducino" new ones) between the senior members of the foundation and the undergraduates, stimulating collegiate bodies to a realization of those ties between the older and younger elements, which are now so rarely found as to render the notion of domestic superintendence in Colleges a simple delusion. “The admission of persons to Professorial lectures without further connection with the University” would, I think, be but a reasonable concession to parties resident in private houses in the city of Oxford or its neighbourhood; audit would, partially at least, operate EVIDENCE. 95 towards exfendinc^ the intellectual, moral, and social influence of the University in the country Mev.W. Hayward at large, among*’those classes whose commercial oi professional destinations excluded them Cox,B.H. from the opportunity of going through the whole course of study necessary to attain the honour of a detfree. The arrangement would, further, facilitate the restoration oi the University to strangers to Pro- its position as a theological school. Bishops, also, might be induced to ordain, to admit to the fessorial Lectures class of scripture readers, or of sub-deacons (as suggested in a valuable letter to Lord Ashley advisable, by published, in 1850, at Hatchard’s), such persons as might have passed a two- vLrs’ course of theological study, with the privilege of coincidently attending Professorial and other University lectures in positive science, moral philosophy, and even classical merature. In connection with this subject, I would submit to the consideration of Her Majesty s Commis- sioners the expediency of conferring the B.A. degree, at the end of three years, on candidates who had passed the first University examination, and brought certihcates ot having attended so many courses of Professorial lectures, theological, or on general subjects; reserving the M.A. dec^ree for such as had fulfilled the conditions specified in my reply to Question 7. 7. The expediency of an examination previous to matriculation, of diminishing the length of time required for the first degree, of rendering the higher degrees tests of merit, and of so regulating the studies of the University as to render them at some period of the course more directly subservient to the future pursuits of the Student. “An examination previous to matriculation” would have the followdng effects . ■ 1st. A correction of the serious evils which arise from unqualified persons in the countiy undertaking the office of schoolmasters and private tutors, by affording a public test of the competency of those who are so engaged to give the necessary preparative education. 2nd. By, from time to time, sending back into the provinces those candidates who were found to be insufficiently prepared with knowledge of an elementary character, it would release the University course of instruction from the pressure arising out of the number of students \vho flock to Oxford, ignorant of all but the very rudiments of classical and other learning. J\o one who has given or attended a College lecture-class can help appreciating the impediments thus presented to the usefulness of the lectures, or the discouraging effects of the presence ot illiterate students on the more advanced members of the class. 3rd. A savincr to the funds of such persons, and ultimately, as a consequence, a considerabte accession to the'number of residents (by means of the economy thus introduced at the com- mencement of their academical career) of a class which is now deterred from entering on a University course of education by the expenses of the early part of it, incident to their want ot previous preparation. I would here remark that, indirectly, this would again contribute to the increase of well-qualified schoolmasters and tutors in the provinces. It is, however, matter of question, whether the provisions of a recently-passed statute, for placing the responsions examination at the commencement of the third or fifth term, will not sufficiently secuie most o Mateiculatiox Examixatiox. Diminution of time required for the first Degree. Highee Degrees. the advantages of an examination at matriculation. With respect to “ diminishing the time required for the first degree, I have partly antici- pated the suggestions in my reply to the sixth question ot the Commissioners. It is, tuit ei, my impression, founded on the experience of a quarter of a century, that a great portion ot the extravagance, indolence, and ignorance, which prevail among students, is traceable to the insufficient occupation absolutely imposed on candidates for degrees during the three and a- half years of necessary residence. That such a protracted period is not, in point of tact, essen- tial, is recognized by the privilege conceded to the nobility, and the eldest sons of baronets, &c., of proceeding to their degrees at the commencement of the twelfth te™ from their matriculation; and I have no hesitation in recommending to Her Majesty s Commissioners the abolition of this privilege, by rendering it common to all candidates for mwwary c egrees. I believe that at University and other Colleges which are under an improved administration, it has even been found practicable to send successful aspirants to the highest academical honours into the schools at the same period; and the abolition oi grace (or non-resident) terms might be considered in connection with a scheme for compressing the studies required for the first, degree within three years, dating from the day of matriculation. As to “ making the higher degrees tests of merit,” it occurs to roe as desirable that e deoree of ^ Master in Arts,” should be confined to those who have taken honours in some one brmich at the second University examination. I knew recently an instance of a graduate o the University who almost uniformly attended Convocation in the case of ele^ions and legis- lation of an important character, having been five times rejected at the public Responsi^s and Arts. Degree examinations, and having ultimately taken a comnion degrw with gieat i cu y. Such persons should obviously be excluded from the University fi'anchise, and from a powei of neutralizing, by their votes, the deliberate judgment of able, intelligent, and experience graduates. I am not convinced of the practicability of rendering the University a school ot medicine, although a Board of Examiners, authorized by the University, may profatably mam- Medicine tain the connection existing between it and the members of the medical profession , am many studies, useful as preliminary to those which are more strictly professional (I lefer to assica Philology, Logic, Psychology, Mineralogy, Physics, Chemistry, and Botany), wi ou t ess be encouraged under the new Examination Statute. I would, however, confine degrees in aw aw, to those who had passed in honours in the school of Modern History, Economy, an prudence. Most examining chaplains of Bishops will probably concur with me t a, a present, theological study at Oxford is at a very low ebb ; and that candidates ‘^r oi ina ion (both from Oxford and Cambridge) are less prepared, in the department o Lxe^ ica Theology more especially, than those who have gone through the Divinity course at ing s leo ogy College in the London University. I would recommend, therefore, that sorne supplementary measures should be introduced for giving vitality to a statute, passed in 1842, lor the estab- Rev. yV. Hayward Cox, B '.D, Professoeial SYSTEM. Its combination with the Tutorial system. Endowments of Professors. Mode of appoint- ment. 96 OXFORD UNIVERSITY COMMISSION. lishment of a Theological Board and the examination of Divinity candidates. None should be admitted to degrees in Theology who had not passed such examination with a mark ot distinction. It would, of course, be necessary to authorize undergraduates to attend the classes of the Theological Professors immediately after the Responsions’ examination, and not, as now, to be excluded from them until they had passed that for degrees ; the effect of which has been to render the statute so completely a dead letter, that its existence is not noticed in the University calendar, and is unknown to the majority of graduates. The operation ot the suo-o-ested provision would be, to encourage a higher standard ot theological attainment generally but especially on the part of members of foundations compelled by their tounders statutes to proceed to theological degrees (unless, indeed, in the revision of College statutes, it was thought desirable to abrogate that provision). In the latter respect, it would result in a beneficial action of University upon collegiate regulations. 8. The expediency of combining the Professorial with the Tutorial system, of rendering the Professorial foundations more available for the instruction of Undergraduates generally, of increasing the number and endowments of Professorships, and of providing retiring pensions for Professors. 9. The most eligible mode of appointing Professors, and the effect of existing limitations or disqualifi- cations upon the appointment of Professors. I am favourable to a partial combination of the Professorial with the Tutorial system. In general, that of Professors, Praelectors, and Readers, may have been in a degree superseded by the art of priming, the multiplication of books, &c., though not of course as regards experimental lectures ; but I am still of opinion, that as a means of directing study, and for the discussion of principles. Professorial teaching should combine with catechetical, in a much larger proportion than is at’ present the case. And, extending the term Professorial to University catechetical lectures, as distinct from collegiate tuition of the same kind, I am an advocate for a large and comprehensive measure superseding collegiate tuition (which has usurped a province for which it is unfitted) wholly, or for the most part. With this qualification and explanation, I would recommend a great increase in the number and endowment of Professorships, corresponding to the Ordinary and Extraordinary Chairs of foreign Universities," the increase and number beino- co-ex tensive with the wants of the whole University. Every student should be at liberty, und^ the sanction of Parents, Guardians, and the Heads of his Society, to resort to the catechetical lectures of Professors beyond the precincts of his College, Hall, or private abode, by which provision the principle of “ division of labour” (now almost wholly disregarded) would be applied to secure the following advantages : — 1st. A higher standard of attainment on the part of the Lecturer. 2nd. A rhore intense application to the duties of a Lecturer. 3rd. Greater tact in instruction. • i i j u 4th. A better classification of pupils in various subjects than is practicable under the Collegiate system. 5th. More emulation among teachers. 6th. Obtaining the judgment of the University at large, as to the persons who shall enjoy the emoluments arising from the profession of a teacher. 7th. A public test of the qualifications of candidates for the more dignified chairs, cor- responding to those of the Ordinary Professors already referred to in continental Universities. Endowments for the principal Chairs in each branch of science and literature, and for the partial endowments of inferior Chairs, might be derived from the profits of the University Press, now directed improperly, as I think, to public objects in many cases unconnected with the University, and from throwing open to the University those Lectureships endowed with Fellowships in particular Colleges, which are now held as sinecures, or whose usefulness is limited to Undergraduates on the books of those societies. The expense of University catechetical lectures would be more than met, — first, by the abolition of collegiate tutorial tees as at present levied ; the present College tutors (at least such of them as are competent) being at once indemnified for the loss of their exclusive sources of income by the accession ot pupils from the University at large. Secondly, by the large funds saved through an extensive reduction of the payment to those private tutors, who are now at once the glory and the shame of our University, the main source of its present learning, and the abundant evidence ot t e defectiveness of our public educational system. n i j • • i As “to the most eligible mode of appointing Professors,’ I have alluded to it in my rep y to the preceding question. No one should be eligible who had not lectured with success as a catechetical teacher in the University for a certain number of years, such success being measured jointly by the academical distinction of his pupils, and (to a certain extent) by their numbers. With this proviso, it would be of comparatively little moment with whom rested the selection ot occupants of the higher Chairs ; but my experience of the effects of party in University elections, whether vested in Convocation, in Select Boards, or in single officers, who are too much under the control of the dominant party feeling prevalent at each period, would induce me to look to some functionary appointed bv the Crown, and responsible to public opinion, with a veto, in the case of Theological Professorships, to the Archbishops jointly of the provinces ot Canterbury and York. * 1 should state that though the extraordinary Professors to whom I allude have no fixed salary, they not uncommonly receive yearly grants from the Minister of Public Instruction, and therefore do not practically differ from the higher Professors. evidence. 97 Rev. W. llaytvard Cox, B.D. Restrictions on Feelowsiiu’S. Local. Clerical. Celibacy. Terminable Fellowsliips. 1 0. The effects of the existing limitations in the election of Fellowships, and in their tenure. _ I believe that the reasons for the existing Umitati^s of fellowships to counties and .lioceset have generally ceased to have weight: their effects are undoubtedly the re. ac ol thoL contemplated ^ '^tT'ItV^ro^d’irSev: r,tre h‘e“r w“porr o‘rThVJSma,io"^7;lte‘ule'i:ter« of education, ..ithdraw manv Iho raiirht be uaeful from their appropriate spheres, hold out mcenlives to mdo race relt'i;:ni;e“;t:!""S;ingd ^““MhlhraTrfmlteirXe^^ Sel'SithSiTbet. 1 "fil Imdv bv betravino- men on the impulse of inferior motives, into solemn piofessions ^ *^*^1 ' > isi^to be feared °too frequently, merely in compliance with the requirements of le College statutes. The limitation has the further effect of withdrawing those wdiose tastes anc inclinations would have led them into other professions, such as law, medicine, &c., and o is- couraaincr the studies which would qualify them for secular pursuits, by confining collegiate rerards at best to lich as exhibit proficiency in the study of classmal languages as more imme- relied to tLt oftheoloW. I vv'ould recommend, therefore, the abolition ot all limitations of College Fellowships^o particular counties, cities, towais and dioceses, an ^ so o fom^ certain degrees Ind generations; . ^ 1 - distribution ot Felbwsh,^^^^^^^^^^ College to successful aspirants after academical distinction in the several Schools ot Dxamu a Sn ifdstiUiteTby our renent statute, and the abolition, in a majority of cases, ot the obligation ifaV^ats^irna^e should simply forfeit the right to occupy rooms within the walls of a ^tfVe1tb\r^aVd™rtr“^^ »f .e„ure, maUing Fellowships Instructor with a stated decree of success. Should it be thought desirable or requisite o retain any family fellowships, they might be reduced to the form scholarshijts, to e le y founders’ kin within certain degrees, for six years from matriculation. I have aT5e“C“pl7"o “> L.r.h'fTesrdrara ” to the privileges conceded to noblemen and gentleman-commoners as to the length ol les.denc required previous to the B.A. degree. 12. The means of fully qualifying Students in Oxford itself for holy orders, and of obviating the necessity of seeking thedogical instruction in other p qualify in. students for holy STunYOFTiiKoi.oGv No adequate organization exists at present _m Oxtoicl oi ^ orcranized upon in Oxford. orders; but means are amply provided, and might, without muc y; subject I vvould the plan suggested in my reply to question 7- In connec ion w h recommend a provision, that on the next vacancy, a parochial cuie m one ot parishes should be attached to the Chair of Pastoral Theology, and that out E the several Chairs of Divinity (Regius and Margaret), and those of Ecclesia cal History Pastoral Theology, and Exegesis of Scripture are endowed, a reserved sum s r SdS alllly. o„ .hf^exl vaca.ities, to form a ro.i™g pens.o„ lor ra,. lessors, so as to secure efficient Lecturers at all times for the benefit ot students heolo^j 13 The capability in Colleges and Halls, as at present constituted, to furnish adequate instruction in the ^subjects now studied, and in those introduced by the recent Examination Statute. 14. The system of private tuition, and its effects both on Tutors and Pupils. , ,, • kl t vtup I believe that Colleges ami Halls, according .0 their P-7V«"f IHcra. »r of furnishing adequate instruction m the subjects now studied, an a , ‘ ^ ^ system instruction. examination statute must be to strengthen the objections which he f ^e co g^ of tuition. Practically, we have twenty Universities, instead ol one. The of labour is thus serio'ky violated; and it credit for the most conscientious devotion to then duties, anything illustrate mv instruction in various branches of literature and science of a Head College Tuition. meaning A youth is matriculated at College, bay mat me socieiy and twenty Fellows: the majority of these Fellows are elected upon clauns aris having been born in particular townships, or counties, or dioceses , P®' P _ t^gse, number are marked by the highest University honours m the subjec so ^ ’^poordinff to the the Head of the College is constrained to select his tutors two, three, number of Undergraduate Students. (I do not say that the honours, to which 1 have referred, is an absolute criterion of fitness o*" ,„„pivpt; j Social take it ^s the best general standard, though marked exceptions present the^ influences of a paramount character generally prevent the Head o a ^ tutors out of the University at large, and so jealously do these opeia , ^ ^ 98 OXFORD UNIVERSITY COMMISSION. Rev. W. Hayward Cox, B.D. Aularian Tuition. Evils inherent in both. Private Tuition. Remedy for evils mentioned.^ Bodlbv’s Libraet. University accounts.' lege, (Queens’), the members of the Michel Foundation, though as a body distinguished by high academical attainments and owing their election to public competition, have been systemati- cally excluded from taking part in College tuition, of which the dignity and emoluments have been generally confined to the members of the Old Foundation, a Foundation which has been practically, though I believe unstatutably, confined to the natives of two counties, Cumberland and Westmorland. It is only fair to say, that by the marked and exceptional liberality of the present body of tutors a partial departure from this exclusive system is at present seen in the appointment of Assistant Lecturers from the ranks of the Michel Foundation. The defects which I have indicated, are, indeed, recognized in the efforts of some leading Colleges, such as Balliol, to send their students for lectures to tutors, resident in other Colleges, for instruction in particular branches (Mathematics for instance) ; but I do not believe this to be practicable under the existing feeling of College bodies, on any large scale. It must be obvious, then, that a system which, with the limited range of subjects hitherto studied, has proved inefficient, must become still more glaringly so, now that the new education statute has added to the list of University studies, >uch subjects as {Modern) Moral, Metaphysical, and Political Science, Jurisprudence, Political Economy, Modern History, and Physic. As for the Aularian system of tuition, most Halls have but a single tutor. What must be the value of instruction, which even under the examination statute now' on the point of expiring, embraced Moral Philosophy, Theology, Logic, Philology, Latin and Greek composition, and the elements of Mathematics, all taught by a single individual to young men of various degrees of mental capacity and pre- vious intellectual attainments? I sbould further object to the system, that it tends to destroy the professional character of education. The office of a College tutor has, in effect, few incentives to exertion. I'he College Fellow, often fresh from the Examination Schools, is in- vested with the office of an instructor, has a fixed salary, and a definite number of pupils at once assigned to him, one-half, one-third, or one-fourth of the aggregate fees paid for tuition ; with little anxiety as to the consequences of any neglect of duty, or of incapacity to convey in- formation, without any privileges accorded to experience, or any limitation of salary as belonging to apprenticeship, and with a fixed intention to relinquish his occupation as soon as ecclesiastical prefernient affords him the means of retirement from an office accepted simply as a source of temporary emolument. I should wish my answer to the succeeding enquiry to be taken in connexion with the reply to Question 14. The system of private tuition is, in its extent, the measure of the insufficiency of the public tuition of the Colleges. It is far too expensive to be voluntarily resorted to in the majority of cases, and constitutes, in fact, the best evidence of the necessity of the restoration of an untrammelled University scheme. Few young men attain high honours w'ithout paying to private tutors a sum (on the average of cases) equal to that which he pays his College tutor in the four years of his academical course ; and w'ith an improved examination statute the evil must be progressive ; for College Lecturers must inevitably pack together, as it is, pupils unfit to read together, and with the additional subjects henceforth required to be studied, the incapacity under which they will labour in this respect will be increased threefold ; either then-the statute will become a dead letter, or the expenses of private tuition must enormously increase. The only remedy, in my judgment is, to restore practically what is in fact, the theory of the statutes, and to enable each graduate licensed by the Vice- Chancellor, to form classes “ in Us artibus, quas et quatenus per statuta tenetur audivisse,’’ the University fixing by statute the number of lectures which each public catechetical Lecturer shall give, and the amount of fees per head per terra, which each pupil shall pay. Let there be no interference, beyond the discretion of the pupils, with the largeness or smallness of the classes which the tutor may choose to form. The advantage of this arrangement would be, that University tutors W'ould divide pupils among them, with reference to the very wants which now induce the latter to seek the aid of private tuition, the desire of proficiency in particular branches of study; and a class of men would be raised up in the University unknown there in the present day ; men, with whom edu- cation would be a profession, — whose literary and scientific tastes would be invested for their own benefit and that of others, and whose fortunes would depend on energy, fitness to teach, learning and experience. I have only to add, that I believe the system of private tuition as it now obtains, to be, as regards the pupil, injurious, so far as it tends to impair a sentiment of self- reliance, although it is to a very great extent at present indispensable, from causes which I have already adverted to. As regards the private tutor himself, it is physically so laborious, and in the case of the most prosperous in.structor so ill paid, (notwithstanding the high fees extracted from individual pupils) as to be essentially unjust. Its observable tendency is moreover to incapaci- tate many minds, possessed of no ordinary natural gifts, from devoting their powers to the acquisition of high attainments, or to the advancement of human knowledge. 15. The means of rendering Bodley’s library more generally useful than at present. ] 6. The propriety of laying periodical statements of the University accounts liefore Convocation. On these questions my opportunities do not enable me to suggest anything positively ; but I indulge a hope that among the improvements which Her Majesty’s Commissioners maybe the means of introducing, liberty to take out books from the Bodleian Library, under certain regu- lations, such as now, I believe, prevail in the University of Cambridge, may be included. The ignorance existing among members of Convocation, of the accounts of the University, , also calls for a remedy. EVIDENCE. 99 Answers from H. E. Striehland, Esq., M.A., Deputy Reader in Geology. Sir, In reply to the Circular of Her Majesty’s Commissioners for the University of Oxforo, dated 18th November 1850, I have the honour to submit to you the following observations. I may, however, premise that, having never taken any part in collegiate education, and having only resided in Oxford at intervals for literary objects, since I took the degree of B.A. m 1832, I do not feel competent to say much on the system of instruction and of discipline now pursued. I will, however, offer a few suggestions, based partly on my own experience when an under- graduate, and partly on subsequent observation, and will take seriatim those points in your Circular on which I am able to speak. 1 shall be happy to give you any further information in my power, should you desire it. I have the honour to be. Sir, Your obedient servant. The Rev. A. P- Stanley, HUGH EDWIN STRICKLAND. Secretary to the Oxford University Commission. H. E, Striehland,' Esq., M.A. 1. I have no doubt of the general possibility of diminishing University expenses, and of Univeksity restraining extravagant habits, although many difficulties stand in the way. All parents and Exi>enses. guardians might be required, on the matriculation of a student, to give to the head of his College, or to his tutor, a written statement of the amount of his annual allowance ; and all Oxford tradesmen might be required to send in their accounts every term, and to have them examined and countersigned by a tutor (if above a certain amount), before they could claim payment of an undergraduate. It is probable that some arrangements of this kind would go far to induce ready-money payments, and thus to obviate the evil in question. Far too much toleration, not to say encouragement, is given by the University authorities to field sports, which obviously offer strong inducements to extravagance, and are fatal to habits of studious application. 3. The present mode of University legislation is exceedingly cumbrous and inconvenient. xJniveksity Legis- Although it may be safer, under present circumstances, for the Hebdomadal Board to retain eatiox. the power of originating motions, yet it would be very desirable that the Convocation should have the power of moving amendments. Many defects in the details of a measure miglit thus be remedied which are now sanctioned by Convocation, from an unwillingness to cause trouble and delay by vetoing the whole. When a measure is promulgated by the Hebdomadal Board, it should be submitted to a Committee of resident members of Convocation, who would report on it in detail, and Convocation should then have the power of adopting any amend- ments which might be suggested by the Committee or proposed by themselves. I am further of opinion, that it is a strange solecism to conduct the business of the nineteenth century in the language of the first. Holding classical literature in the highest veneration, I grieve to see it degraded to the every-day uses of modern life. If our statutes are intended to Statutes in be understood and obeyed, they ought to be written in the vernacular language, and not in a English, style of barbarous Latin, which would puzzle Cicero as much as it does the moderns. And if Oaths in English, this is true of the statutes, it applies still more strongly to the oaths, which are administered on many formal occasions to members of the University, and which, from being rapidly enunciated in a dead language, are apt to be very imperfectly understood, and speedily forgotten by the person who takes them. In regard to the debates (if they can be so called) in Convocation, it is notorious that very few members of that body possess a facility of speaking in Latin, and many a valuable suggestion remains unuttered from a want of that facility. Many persons too, even of good classical attainments, find much difficulty in following a Latin speech. The hearer’s attention is necessarily applied rather to the meaning of the words than to the value of the ideas, and the argument loses in force, in proportion to the mental effort necessary to understand its language. 6. I think it highly desirable to extend the benefits of the University to a larger number of University Exten- students. The best way of doing this would be, to permit the establishment of new Halls to sign. the extent required. I should be sorry to allow undergraduates to lodge in private houses more generally than at present, as it would probably tend to destroy that good order and gentlemanly decorum which distinguishes Oxford and Cambridge so favourably from many other Universities, But to the establishment of additional Halls, under suitable regulations, I see no possible objection. It interferes with none of the privileges of existing Colleges, none of which have, or ought to have, any monopoly in the business of education. In connection with educational questions, I may add, that I think the efficiency of Oxford, as Diminution of a place of learning, would be greatly increased, if the vacations were rendered less frequent or vacations, less extended. The distraction of mind caused by the incessant dispersion of the students after a term of eight or nine weeks’ duration is very unfavourable to any regular course of study. A student no sooner becomes acquainted with his author, and begins to take an interest in his subject, than the vacation comes; he rushes to the delights of home for several weeks or months, forgets most of what he has learnt, then returns to College, is put into a fresh set of lectures, and begins de novo, with subjects and authors previously unknown. Such a system encourages the idle and the desultory ; it is only a few vigorous minds who are able to acquire solid learning in spite of it. The remedy which I would propose is this : to diminish the Easter vacation to a few days only; say from Good Friday to Easter Tuesday inclusive, and not to allow the students, except by special permission, to leave Oxford during this interval. To continue, as far as possible, the same series of College lectures from Lent Term to Act Term inclusive, so that the interval of a few days’ relaxation at Easter might not break the train of ideas which the student is acquiring. ^ ^ 3 0 2* iOO OXFORD UNIVERSITY COMMISSION. 77. E. Strichland, Esq., M.A. Admission of STRANGF.RS TO PrO- fessorialLectiires. Arrangement of hours for Profes- sorial lectures. Examination in modern languages. Professorship of Zoology wanted. Distinctions of Rank. PoDimiAN Library Perhaps, also, it might be expedient to shorten the long vacation, by adding a week or two of collegiate residence at the beginning of Michaelmas Term. i , • .u It wo'idd be very desirable to admit persons to Professorial lectures, and to give them certificates of attendance, if desired, without requiring further connection with the University. There are many intelligent inhabitants of Oxford among the professional men, tradesmen, pupils of schools, and independent residents, to whom it would be a great advantage to have access to the stores of learning and science, much of which, I grieve to say, is now delivered bv the Professors to empty benches. Some of the Professors have, to a certain extent, acted on this principle, by admitting ladies and other non-academical auditors to their lectures. Ihe same plan is pursued at the London University, and I believe in many other places, where any person is permitted to subscribe to, and attend, any course of Professorial lectures, without being otherwise connected with the University. Such a practice wouhl, among other oeiiefits, have the desirable effect of uniting the University and City of Oxford with some common ties, besides those of mere interest. Provision should, however, be made that the influx of non- academical auditors to Professorial lectures should not interfere with the due accommodation of members of the University, who, of course, would have the prior claim for seats where any scarcity of space existed. ..... p i*. 8. As reo^ards combining the Professorial system wdth the Tutorial, I think the former ought to be as much a part of University education as the latter, and the new Examination Statute has done somewhat to render it so. A better arrangement of time is, however, much wanted ; as, in order to avoid interfering as far as possible with College lectures, the Professors l^^t^ires are nearly all crowded into the short interval from one to three p.m., during the first halt o which period many College lectures are still going on. I would suggest that the chapel services in winter time should be (as they are in some Colleges) not later than halt-past seven A M , and that the four hours from nine A.M. to one p.m. should be devoted to College lectures , the rest of the day being exclusively available for Professors. And if it were requisite for any Professor to lecture at an earlier hour, any student wishing to attend him should be exempted from College lectures at the same hour. _ _ • i i * u i m It would probably be impracticable to render all the existing Professorial lectures available as preparatory to the Examination Schools; but the University has to a considerable ex ent, rendered them so, bv the recent establishment of the School of Physical Science and by enactimr that all candidates for the third examination must present certificates of attendance on at least two courses of public lectures. I think, however, that the munificent intentions o Sir Robert Taylor would be more eftectuallv carried out if the modern languages were admitted into the Examination Schools. The importance of studying the modern languages is daily becoming more apparent; they can be far more easily acquired in youth than in man- hood, and they ought therefore to be admitted into the cycle of subjects for which academical distinctions may be gained. „„i„ In reoard to increasing the number of the Professorships, I would remark, as an anomaly, that „o° Professorship of Zoology exists at Oxfortl. Of the three t.ngdoms of oMitre, le vegetable and mineral are represented by the Prolessors of Botany and Mmeialogy , but the ainmal kingdom has surely an equal claim to have its phenornena displayed from a Piotes- sorial Chair. In almost every other University in the world, scientific zoology is taught professorially, either as an independent science, or as a branch of the more general subject ot *^^Such a Professorship might be conveniently annexed to the Keepership of the Ashmolean Museum ; but in that case it would be essential to relieve the latter appointment from the restrictions which now encumber it. These are, “ that the Keeper should be a layman of the degree of M.A. or B.C.L. only, unmarried, and neither L-R.S. or K8.A. As t requiring that he should be a layman, there is, in my opinion, no objection to that, for Oxford offm-s at present far too few inducements to its lay members, and far too riiany of its appoint- ments are restricted to the clergy. But the other restrictions which apply to the Keeper of the Ashmolean Museum are very objectionable. Why is a distinguished zoologis o e excluded from such an office because he may happen to be married, or because he may e a member of a certain scientific society? A similar restriction m regard to matrimony m he case of the Bodleian Librarian was recently set aside by Convocation. 11. I am of opinion that the distinctions between Compounders and ordinary Graduates, between Gentleman-Commoners and Commoners, and those respecting parentage at ™africu- lation, ought to be abolished. They are merely a means of increasing the extravagant habits of the young men, of encouraging the tradesmen to prey upon those who are supposed to be wealthy, and of keeping up haughty and unsocial distinctums, which it is difficult, thoug no the less necessary, to lay aside when the pupil leaves College and enters the woi Id. I not, however, prepared to advocate the entire abolition of the distinction between noblemen and commoners. It is a distinction which will be retained m after-life; and there is, there- fore, the less objection to its being recognised here. There is, however, one distinction enjoved by noblemen and baronets, or their eldest sons, which it is not easy to defend their privileoe of taking the degree of B.A. after keeping only twelve terms, while all other persons are rermired to keep sixteen. Unless it could be shown that the innate talents or preparatory education of noblemen enable them to acquire the same amount of learning in less time than others, it would follow either that commoners reside at College longer than necessaiy to qualify them for a degree, or that noblemen do not reside long enough ; on either of whic suppositions the period of residence ought to be equalized for both these classes. 15. The general arrangements of the Bodleian Library appear to me satisfactory; and all literary persons, whether members of the University or not, have to acknowledge the courtesy of its officers and the facilities which they afford. EVIDENCE. lOi The library should be open longer. Undergraduates should be admitted. , f T.- „ cQ, 7 ornl mipstions aris6 First, as to allowing the H. E. Stricldand, In regard to extend, ng those in the public Library books to circulate among mem ers adduced in favour of this permission ; and of CanAridge. Many strong arguments ^embers^ But upon the there is no doubt that it would e a gre books to leave the Bodleian Library ; Books should not whole I am of opinion that it is better not to albw the circulation, there is be lent out. i- = ss.!? ‘ """ pan^onage. Bodleian Library were kept iC i!lo“3 almost lifeless to those who areengaged all the morning ■" ?h'e‘fn:l°o"-a great inconvenience closmgjl. erf^losetffr t s“‘ perioti aTrtfd orthe lo“„g ’Son, and reopened at the commencement of Michaelmas Term, far less public beneficial in exciting a taste for literature 1 am further of ^ to admit Undergraduates as well as Graduates jL^^Sg dif IS ^ --- and attendants, might be provided loi them. books as they come in, were briefly It would be a great convenience il he reader does not find entered on the blank leaves of the intei eave a o must anplv to one of the attendants to the book which he wants in the printed ca a og ’ g of a book, which often causes con- search the MS. slips before he can ascertain the piesence ot a n , siderable trouble and delay. „ . ro,.,r wpII drawn un for practical purposes. I The printed catalogues of the Bodleian aie veiy the^headmgs which consist of have only one suggestion to make in regar o distinguished, from the headings authors’ names should be in a different type, oi p in the same way be distinguished which express subjects ; and that the cross-references should in the same way from the substantive titles. + „ ciomn nr other distino'uishino' mark. Tir’:..eety;.‘oi .bfm1“e“ o rilllmir ^ io31e,ac Lib, my ; an/.f tl.ey were s.olen it w ould be ,'i'ttvrf! rfo'! a, -range- Great advantage would arise, and muci mo ond of the* Radcliffe Libraries. At Radcliffe ment were made between the Librarians of the Bodleian while a still laro-er Libkaey. dm rffiLtVf'^clf mutually to ag^ree oT^hdr already exist in the other, much money wo Violh of them permanent appendages Could it not be desiderata Indeed I do not see why these two libraries, both ot them aeoart- imited to the ferred ,0 the Kadclitfe, and the l.terai-y worke But to carry Sirpla™!.'‘lfrd t len”l thatCtm Xwed to the Radellffe for purchas.ng books auo .« es.ab,i.,ed between public or otherwise pernraneut bb.-ar.es J,*A L net “ 'of Sd, :^d ruS'^XS:? -„:a ^are volume wh.ch 1.^ now overlooks. i ts u • 0,^1 the ‘Rarlpliffe are f to the best Other libraries in The public libraries of Oxford, additional to the Bodleian and the Kadclitte, fm of my knowledge) — The Ashmolean Library, deluding the collections of Ashm^ (Of this precious collection an excellent catalogue, compil y lain in MS. for some years.) .p -o •r),,,,can Eso., A small collection of books on natural history, presented by P. B. Duncan, Ha q , and others, to the Ashmolean Museum. .j. The library of the Taylor Institution. 4. The library recently presented by the Rev. ^ -r ri„yivhpare attached 5. A small collection of books, chiefly presented by the Rev. J. J. Conyb to the Geological Museum. 0. The Sibthorpian Library, attached to the Botanic Garclen. 7. The library attached to the Anatomy School at Christchurch. 8. The library of the Radcliffe Observatory. 1 . 3. 102 OXFORD UNIVERSITY COMMISSION. H. E. Strickland, Esq., M.A. College Libraries. Library of the Union Debating Society and the Ashmolean Society, Deficiencies of the Bodleian. Literature of Oxford. Intention of the Copyright Act. Not fully carried out as to the pro- vinces, the colonies, and the United States. Scientific “ Transactions.” Book of Desi- derata. Besides these, which may be termed Public or University Libraries, there are the libraries attached to all, or nearly all, the Colleges, some of which are of very great extent and value. I would recommend that (with the consent of each College) the titles of such of its printed books as are additional to the Bodleian collection should be inserted in the general catalogue above referred to, accompanied by a distinctive mark, indicating the library or libraries in w'hich a copy exists. There are also two other collections of books belonging to private societies connected with the University, viz., the library of the Union and of the Ashmolean Society. It is probable that these two bodies might also allow their extra-Bodleian rarities to be incorporated in the general catalogue. It would be advisable for the officers of the Bodleian, as a general rule, to avoid purchasing such works as were shown by this general catalogue to exist already in some Oxford library. They would then have more funds disposable for procuring some of the many works of which no copy exists in Oxford at all. If the Bodleian be regarded as a general library, analogous to that of the British Museum, its most striking deficiency is certainly in the department of physical science. But if, by the division of labour above recommended, the literature of physical science were* to be transferred to the Radcliffe, there would still remain several notable deficiencies in the especial subjects belonging to the Bodleian. A public library, if its resources do not admit of its accumulating the omne scihile of all countries, should at least endeavour to exhaust the printed literature of its own immediate locality. On this principle the Bodleian ought to be a storehouse of reference on all that relates to the University, the City, and the County of Oxford. If it rejects newspapers in general, on account of their bulk, it ought at least to preserve a perfect series of all the newspapers pub- lished in Oxfordshire. Every ephemeral pamphlet, every local periodical, every political squib, every poetical broadside, issued in the county of Oxford, should be carefully collected, arranged, and preserved. I have no doubt that the sweepings of the booksellers’ shops in Oxford would at this moment supply a large mass of local literature, which is not extant in the Bodleian. A room in the Library should be especially set apart for this local literature, and a highly curious collection would thus be formed for the j^future historian of Oxford to explore. By the present Copyright Act the Bodleian Library is entitled to a copy of every book pub- lished in the British dominions. As regards London, this privilege seems to be very fully acted upon, but not so in the case of the provinces. Many valuable and curious books are published in Edinburgh, Glasgow, Aberdeen, Dublin, Newcastle, Bristol, and other large towns, of which only a very small number ever find their way to the Bodleian. The Library might easily employ an agent, at a small salary or commission, in each of these towns, to collect the local literature and forw'ard it to Oxford. A still greater deficiency exists in the case of colonial literature. Although the Copyright Act extends to the Colonies, no steps whatever appear to be taken to secure to the Bodleian those colonial publications to which it is by larv entitled. Even should it be necessary to obtain such works by purchase, a portion of the money laid out on foreign literature might be advan- tageously expended upon the many curious books which have been published in the different British colonies. The literature of the United States is almost wholly unrepresented in the Bodleian, except by English reprints of some of the more popular authors. The Bodleian Librarian deserves great credit for the diligence with which he has collected the “Transactions” and olher periodical publications of continental literary and scientific societies. The chief deficiencies under this head consist in the Transactions of Swedish and Danish societies, and in those of our own colonies, hardly any of which exist in the Bodleian. These scientific “ Transactions’’ would be more appropriately placed in the Radcliffe, but as long as the Bodleian continues to procure this class of works, it ought not to restrict itself to the periodicals of learned societies, but should include the many equally valuable periodicals published by individual editors. Such, for instance, are Van der Hoeven’s “ Tijdschrift voor natuurlijke Geschiedenis,” Muller’s “ Archiv fiir Naturgeschichte,” Meckel’s “ Archiv fiir Anatomic,” Froriep’s “Notizen aus dem Gebiete der Natur u. Heilkunde,” Leonhard’s “Zeitschrift fiir Mineralogie,” Poggendorf’s “ Annalen der Physik,” Wiegmann’s ‘‘Archiv fiir Naturgeschichte,” “Annales des Sciences Naturelles,” Silliman’s “American Journal of Science,” and numerous others which might be mentioned. The relative wealth of the Bodleian in this branch of literature will be seen by the marginal marks which I have inserted in the First Part of the Bibliographia Zoologiae et Geologies, a copy of which I enclose to the Commission. There may be a few omissions of the distinctive marks in this copy, but I believe that it exhibits very closely the actual amount of scientific periodicals in the Bodleian Library. In order to collect as far as possible the opinions of the literary public as to the desiderata of the Library, a conspicuous notice should be placed near the Catalogues, inviting all persons who fail to find in the Library the books which they want, to enter t’tie titles of such works in the Desideratum-booh. If readers generally could be induced to do this, the Desideratum- book would be a valuable guide to the Librarian in making his purchases. Within a few years the space now available in the Bodleian Library will be entirely filled with books. When this time arrives, ample accommodation for another century’s literature may be obtained by building another set of rooms, tliree stories high, against the north side of the schools, and facing the Clarendon. The existing Bodleian rooms on that side of the quadrangle would then have their wdndows to face the south only, instead of having windows on both sides as at present, which give more light than necessary. EVIDENCE. 103 In connexion with the subject of public libraries, I wish to make a few remarks regarding H. E. Strickland, the Radcliffe Library. The relations in which tins institution stands to the University are not '.Esq., M.A. so clearly defined as might be wished. The following extracts from Dr. Radcliffe’s Will, dated Sept. 13, 1714, are all that relate to this matter: — Library. « * * * executors pay forty thousand pounds in the term of ten years, by yearly payments of four thousand pounds, the first payment thereof to begin and be made after the decease of my said two sisters, for the building a Library in Oxon, and the purchasing the houses, the house [szc] between St. Mary’s and the schools, in Cat-street, where I intend the said Library to be built ; and when the said Library is built, I give one hundred and fifty pounds per annum for ever to the Library-keeper thereof for the time being; and one hundred pounds a-year per annum [sfc] for ever for buying books for the said Library. * * * And I will that all the residue and overplus of my real and personal estate remaining after the payment and performance of the several legacies and bequests aforesaid shall be by them paid and applied to such charitable [sm] as they in their discretion shall think best, Ijut no part thereof to their own use or benefit.” There is no positive proof in the wording of this will, whether the testator intended his library for the use of the University, of the City, or of both, but from his other acts of munificence to the University, and from the site which he selected, in the midst of University buildings, there can be no doubt that he contemplated his Library as a bequest to the University of Oxford. This was the view taken by his trustees on the completion of the Library, on which occasion it “was opened in a most solemn manner on Thursday, April 13, 1749; when the Duke of Beaufort, on behalf of himself and the other trustees, formally delivered the key to the Vice- Chancellor, ‘for the use of the University.’” — See Ingram’s Memorials of Oxford, vol. iii., p. 12, referring to Pointer’s Oxoniensis Academia, Lond. 1749; also Gent. Mag., vol. xix., pp. 165, 459, and vol. li., p. 75. We have therefore the authority of the Radcliffe Trustees, attested by their own solemn act, for regarding the Radcliffe Library as a benefaction to the University of Oxford. It follows, that although the absolute control of this Library may be vested in the body of Trustees, yet they are bound to manage it in the mode most conducive to the interests of the University, and to pay every attention to the wants and wishes of the latter body. This I fully admit that they have already done on many occasions, and the University has reason to be grateful for the liberality with which this Library is thrown open to all persons, whether Graduates, Under- graduates, or Strangers, for a period of six hours a day in winter, and eight hours in summer. Nor should it be forgotten that the sum annually allowed for the purchase of books at present (2007.) is double the amount appointed in Dr. RadclifFe’s Will, viz., 1007. Under these cir- cumstances it may appear ungrateful and unreasonable to make further demands on the liberality of the Trustees. But it must be remembered that if the allowance for books is now double what Dr. Radcliffe fhought sufficient, yet that the amount of scientific literature now published is at least tenfold what it was in his time. If the Radcliffe is to be kept up as the great repository of physical literature in Oxford, as the Bodleian is of the mental sciences, additional funds must be assigned to it, or it will continue to fall further into the rear of the progress of knowledge. During several years, when the late Dr. Williams was Librarian, the Trustees allowed the very liberal sum of 5007. a-year for purchasing books, and the Library during this period made great progress. But when, about seven or eight years ago, this allowance was suddenly reduced from 5007. to 2007., the result was most injurious to the interests of the Library. The Librarian was compelled to withdraw his subscription from numerous valuable periodical works, and was almost precluded from purchasing any new works of importance. In the hope of inducing the Trustees to reconsider this unfortunate resolution, the following paper was drawn up in 1845, and sent in to Dr. Kidd, the Librarian, who laid it before the Trustees ; — “To J. Kidd, Esq., M.D., Regius Professor of Medicine, and Radcliffe Librarian. “ Sir, “We the undersigned Members of the University, and other residents in Oxford and its neighbourhood, who are interested in the progress of the Physical Sciences, are desirous of expressing, through you, our gratitude to the Radcliffe Trustees for their liberality in pro- curing books for the Radcliffe Library, and for the facilities afforded us in consulting those works. We venture, however, respectfully to request you to communicate to the Trustees our regret that they have lately thought it desirable to make a great reduction in the funds formerly allowed for purchasing books for the Library. The result of this has been that many new publications which are required to keep the Library on a par with the progress of Natural Science, cannot now be purchased, and the sets of many periodical works of the highest scientific value are rendered incomplete from the discontinuance of the subscription to them. “ We need not remark that the very name of an University implies that all branches of human knowledge should there be duly cultivated; and though we admit with regret, that, in the present state of the studies of Oxford, the Sciences of Medicine, Zoology, and Botany, are pursued with less zeal than many other subjects, yet they are far from being wholly neglected, and the time may arrive when these Sciences may assume that position in the English Universities to which we conceive they are entitled, and which they enjoy in the Universities of all other countries in the World. For the sake of posterity then, if not for ourselves, we would urge the desirableness of securing for every branch of Science a due degree Radcliffe’s^nten- tions. Address to the Radcliffe Trustees for an increase of the Library funds. H. E. Strickland, Esq., M.A. ^04 OXFORD UNIVERSITY COMMISSION. of representation in the Public Libraries of Oxford, to aid in effecting which we may presume tn have been Dr Radcliffe’s obiect in making his munihcent bequest. _ » Any diminution of the accustomed resources of the Radchffe Library is the more sensib y felt becluse the rapid extension of Natural Science at the present day would rather require an increase of those resources. Nor do the other Libraries ot Oxford, in any assipable degiee, suDPlv the deficiencies of the Radcliffe, for the officers of those Libraries have natuially abstained almost wholly from purchasing works on Medicine and Natural History, under the impression that every Lv publication of importance on those subjects would find its way into tlleiS^^ all due respect, to request that you will communicate on this subject with the Radcliffe Trustees, in the hope that they may be ab e to restore the funds ot theVibrary to the efficient and liberal footing on which they were lormerly placed, and foi which we feel deeply grateful. “ We remain, oir, “ Y^our obedient humble servants, rSio-ned bv') “ B- P- Symons, Vice-Chancellor. ' ® » J. Ingram, President of Trinity. “ F. C. Plumptre, Master of University. “ E. Hawkins, Provost ot Oriel. “ P. B. Duncan, M.A., New College. David Williams, Warden of New College. will show, though it does not stale the precise reasons which “ "sorry to inform you that the Radcliffe Trustee, And themselves unable to comply with the request contained in the force of G It IS a satisfaction to me to add, that the Vice yn n j mornincr in a the reasons on which they ground their yasal, which Ipu beto e written communicatioi. from the Secretary, bu also , y-' Memorial. of written commumcauoii iiuiu uie ^ in which they expressed their inability to comply with the request contained^in the Memorial, email!, &c. “ J. Kidd. tiofsholiirhe'’ ml t Te’iiUXilm kildd to consult the late Sir E. Peel (one of the Trustees), and the following My oTesTatl^ liused unusu^^^^ church, a large grant for a telescope, and repairs on estates, 1 c\ y demands on the funds. m< 5 =;iuCT and that when the “ I simcrested that some of these have passed, and others aie passing, ana C D EVIDENCE. 105 usual income returns tliere will be an arrear of periodicals omitted during the last few years to be filled up and that being done, their annual continuation should be sustained. All this he admitted, and promised to” take the first opportunity of looking into the matter. After this I see no occasion for the contemplated petition. ” Truly yours, - H. E. Strickland, Esq." “ W. Buckland. It hence appears that at the period in question the Radcliffe Trustees had some unusual demands upon their funds. Whether those demands have been since satisfied, and whether it would now be in their power to renew their former liberality to the Library the public have no means of iudmncr. For though the Radcliffe Trust is of large amount, and was specially destined by itl Founder to public uses, no balance sheet of receipts and expenditure is ever laid before the public. All that is known is, that the gross income is very large, and that the rental must have been very greatly increased of late years, in consequence ot the “ Radway Town” of Wolverton, containing nearly 2,000 inhabitants, having sprung up on the Radchlle Estates. There is, therefore, every reason to hope that the Trustees may soon be in a position to make adequate provision for the Radcliffe Library, without detriment to the other valuable Foundations which have arisen out of the Radcliffe bequests. To restore the Library to the state of efficiency which it presented 10 years ago, a sum ot at least 1,000/. would be required to purchase arrears of incompleted works, and an annual sum of 500/. to keep it up with the science of the day. „ • Should it be objected that the Radcliffe building would not allow of any very large increase in the collection of books, I readily admit that the building, though an admirable work of art, is singularly unfitted for the purpose of a Library. But 1 by no means admit that it is nearly in a state of repletion. The basement story is now wholly unoccupied, but by inserting glass^windows in place of the open iron-work, by flooring it with asphalte to exclude damp, and by fitting up the interior with bookshelves, accommodation might be made lor the scientific literature of many years to come. i t -i • The followino- statement will show how deficient the two great Oxford Libraries are m works of Physical Science. The statement relates to the Science of Zoology alone, but the same numerical proportions will, I have no doubt, apply equally to any other branch of Physics. The calculations were made in 1845, when I carefully compared the catalogues of the' Bodleian and Radcliffe Libraries with a MS. general catalogue, which I had compiled tor my own use, of books on Zoology : — Total of known publications on Zoology, according to my MS. catalogue Of these there are in the Bodleian ,, „ Radcliffe Works in the Bodleian, not in the Radcliffe Works in the Radcliffe, not in the Bodleian Works which occur in both Libraries . Zoological Works which occur in neither Library January 10, 1845. 2,419 478 954 202 678 276 1,263 The year following, 1846, appeared the valuable Catalogue of Engelmann, entitled “Index Libroriim Historiam Naturalem spectantium,” the first volume of which, relating to Zoology, contains between 4,000 and 5,000 separate works. If this number be compared with the figures above given, the disproportion between the actual state of science and the mateiials which exist in the Oxford Libraries will be nearly doubled. As a lover and cultivator of Physical Science I venture to hope that some means ™ay be tound of placing our two great Libraries on a more efficient footing ; first, by establishing some system of” mutual co-operation between them, and secondly, by appealing to the liberality of the Radcliffe Trustees in aid of the resources of the Radcliffe Library. While speaking of the Radcliffe Library, I must also suggest that it would be exceedingly desirable to permit the circulation of the books, under proper restrictions. The case is very different from that of the Bodleian, the collection of books being far smaller, and their subjects limited chiefly to Natural History and Medicine, with their allied Sciences. 1 he class o readers can never therefore be extensive, and will be chiefly confined to men actually engaged in scientific researches, or to members of the medical profession, who rarely have any time for study till evening. To the latter class the Radcliffe is now virtually closed, while even to those who are able to visit it in the morning, it would be an immense accommodation to be able to take the books to their homes. Having myself resided in Oxford for four years, almost wholly for the sake of having access to the Radcliffe Library, I^ have no hesitation in saying tiat could have done the same amount of work in three years instead of four, if I could have taken the books out of the building to my own residence. r u u i It would be desirable that the Radcliffe Librarian should publish an annual list ot the books purchased, with their prices, and other items of expenditure, in the same way as is done in t e Bodleian. . . , x. i- n 16. The propriety of laying periodical statements of the University Accounts before convo- cation appears to be self-evident. The officers who are charged with the University Accounts stand in the same relation to Convocation that the Chancellor of the Exchequer does to 1 arfia- ment, being equally Trustees for the right collection and expenditure of the public money, and like all other public Trustees, they ought to account periodically to their employeis. I now proceed to matters connected with my appointment as Deputy Reader in Geology. The present Reader in Geology is the Very Rev. W. Buckland, Dean of Westimnster. In 3 P H. E. Strickland, Esq., M.A. Deficiencies of the Radcliffe and Bodleian in Physical Science. Proposed circula- tion of books from the Radcliffe Library. Publication of University ACCOUNTS. Office of Deputy Reader in Geology. 106 OXFORD UNIVERSITY COMMISSION. H, E. Strickland, Esq., M A. Office of Reader ijf Geology. 1. Endowment. 2. Qualifications. 3. Lecture-rooms. 4. Statutable requirements. 5. Appointment. 6. Lectures and fees. 7. General state of the study. W. F. Donkin, Esq., M.A. Expenses. Discipline. consequence of his inabilltyj from indisposition, to perform his duties, the Vice-Chancellor and Proctors deputed me, in June, 1850, to take his place as Reader in Geology, until he should be in a condition either to resume the office or to resign it. I accordingly delivered a Course of Fourteen Lectures on Geology in Michaelmas Term, 1850. The number of Pupils who attended were seven, and they paid a fee of IL l.s. each. On the completion of the course, the Vice-Chancellor paid over to me the stipend attached to the office of Reader in Geology, viz., 100/. (minus Income Tax). My appointment being only a temporary one, I am not able to give very full information regarding the office of Reader in Geology, but will do so to the best of my power. 1. The Reader in Geology is paid by an annual grant from Parliament of lOOZ. The only other sources of income attached to the office are the fees paid by pupils. 2. I am not aware of any special qualifications required by Statute in the Reader in Geolog\r. 3. Two rooms in the Clarendon building, with two attics above, are assigned for the Geological Museum, — a space wholly inadequate to do justice to the splendid collection amassed by the zeal and liberality of Dr. Buckland. A large portion of this collection has consequently never yet been unpacked, and the portion exposed to view is crowded into the smallest possible space. This space is further diminished by one of the rooms being also used as a Lecture-room. In an ante-room is a small collection of geological and mineralogical books, perhaps 200 volumes, chiefly given to the University by the late Rev. J. J. Conybeare. No residence is attached to the office of Reader in Geology, nor is there any fund for keeping up the collections. 4. The only duties required by statute to be performed by the Reader in Geology, are to give one Course of Lectures on Geology annually. The Course to consist of not less than eight lectures. 5. I have not any certain information as to the mode of appointment of the Reader in Geology. The office may be held for life, and I am not aware that the holder of it is removable. 6. The present Reader in Geology was in the habit of delivering one Course of Lectures annually, the Course consisting of fifteen Lectures. The fee paid was 2Z, 2s. each Pupil for the first Course, and IZ. Is. each for the second Course. It is stated in a Return ordered by the House of Commons to be printed, February 24, 1846, that the number of Pupils who attended the Reader for the preceding five years was 107, but this, I presume, refers to the Two Readerships, of Geology and Mineralogy, held conjointly by Dr. Buckland, so that the average attendance on each Course would only be about ten Pupils. Having occasionally been present at the Lectures between 1845 and 1848, I have reason to believe that the attend- ance during those years did not usually exceed six or seven. 7. It will be seen from the above statement, that the science of Geology presents but little attraction to the Members of the University at present. This is the more remarkable, because it is a science which of late years has made such remarkable progress, and has excited so much interest in the world at large, and in most other Universities. This depressed condition is shared in Oxford by all the other Physical Sciences. Its causes are, I believe correctly, attributed by Dr. Daubeny, in his pamphlet on the Correlation of the Physical Sciences, 1848, to “the sinister influence which the exclusive encouragement held out to one particular class of studies is calculated to exert upon the cultivation of the rest.” There is reason to hope, however, that vvhen the New Examination Statute has had time to operate, the prospects of Physical Science in Oxford will improve. And should the proposed plan for the erection of a University Museum be carried out, and the Geological collection be transferred from its present inconvenient locality to more commodious premises, the magnificence of this collection can hardly fail to excite more general interest, and to attract more students to the lectures. H. E. STRICKLAND. Answers from, TV. F. Donkin, M.A., Savilian Professor of Astronomy, Mathema- tical Lecturer, and late Fellow of University College, Oxford. 1. With respect to College expenses of “ Battels” and Tuition, I am not able to offer an opinion. With respect to the possibility of restraining extravagant habits, I think that inter- ference by positive legislation would be partly ineffectual and partly mischievous. In- effectual, because it is almost impossible to enforce sumptuary regulations; mischievous, because such regulations would interfere with the liberty which must be left to Students if the University is to be a place of moral education suited to their age ; that is, a place where strength of character is to be acquired, and self-government earnt, as other diffi- cult things are learnt, by practice. I do not think there is in Oxford any temptation to extravagance greater than Students may be fairly expected to resist If, after a sufficient trial, they prove themselves incorrigible in this or other respects, I think they ought to be sent away. 2. I think that the authorities possess sufficient powers to enforce all necessary discipline ; but that these powers are not always sufficiently exercised ; especially in the way of getting rid of those who, after a fair trial, give no grounds for hope that their continuance in the University will be other than hurtful both to themselves and to their fellow-students. I think that the discipline which is suitable for schoolboys, is not suitable EVIDENCE. 107 in kind or degree for students between the ages of eighteen and twenty-three. In these years they ought to be formed into men ; and I think this must be done by allowing them as much liberty as is consistent with the maintenance of general order, care being taken at the same time to guard them from all undue temptation. 6. (1) I think that the establishment of new Halls would probably be the best mode of extending the University, and that they should, at least at first, be in connexion with Colleges ; such regulations being made as should prevent the Colleges from opposing unreasonable obstacles to their establishment. (2 and 3) We have had no experience in Oxford, and 1 believe no satisfactory informa- tion from other places, as to the possibility of an effective University discipline, as distinct fi’om a College discipline. 1 do not think it would be wise to try the experiment un- necessarily. (4) I think that the admission of persons to Professorial Lectures, without further connexion with the University, as a matter of right, would have a tendency to lower the character of the Lectures ; because such persons would have a right to expect that the Lectures should be adapted to the standard of their previous acquirements and intel- lectual cultivation. As a matter of favour, I believe the admission of such persons is at present seldom refused when it is requested ; but it is understood that the Lecturer is at liberty to adapt his teaching entirely to his academical auditors. 7. I think an University Examination before matriculation highly expedient ; though it would be desirable to provide for some relaxation of its requirements in the case of Students who, coming to the University at a later age than usual, and, from previous circumstances, without the usual preparation, yet possess abilities and industry enough to prepare themselves for the later Examinations within the prescribed time. Such instances have not unfrecjuently occurred, I believe, under the existing system. I do not see any sufficient reason for diminishing the length of time required for the first degree. The whole period of actual residence in Oxford before the first degree is usually not more than 18 or 19 months, which I do not think too long for the acquirement of what is required under the new Statute. With respect to rendei’ing the studies of the University more subservient to the future pursuits of the Student, I think that the new Statute does enough in this way, at least as a beginning. There can, I think, be no cjuestion that it is desirable to make the higher degrees real tests of merit. But in framing any regulations for this purpose, I think it should be considered that Examinations are in themselves an evil, as interfering with the liberty of teaching and of study, though in the case of junior Students they are a necessary evil, being the most effective stimulant for the indolent. I would suggest that in each Faculty there should be an examination for the first Degree, as there is at present in Arts and Medicine, and will be in Law if a Statute just proposed be accepted by Convocation ; and that, for the second Degree, an exercise of some kind (not an Examination) should be required, in which more liberty should be left to the Candidate ; such regulations being adopted as should prevent, if possible, the exercise from becoming a mere form, amongst which would be of course a power of declar- ing it insufficient. Perhaps it would be desirable to allow Students in Theology, after taking the first Degree in Arts, to take the first Degree in Divinity instead of the second Degree in Arts. This is at present allowed in the case of Law and Medicine. In connexion with this subject I beg leave to mention the present system of granting Degrees in Music, which appears to me to require I’evision ; at least if it be desirable (as I think it is) that the University should continue to grant such Degrees at all. J should suggest a public Examination for the Bachelor’s Degree, together with an exercise which should not require a knowledge of orchestral composition, and the performance of which should involve only a trifling (instead of the present very serious) expense. For the Doctor’s Degree the exercise with orchestral accompaniments might be required as at present, the expense being diminished if possible. I consider this subject important, because I believe that Music is capable of furnishing a useful element in popular education, and that the Bachelor’s Degree, if made more accessible in respect of the acquirements demanded, and of the expense, and conferred, as at present, on persons having no other connexion with the University, might become a, means of supplying the country with competent musical teachers. 8. I should think the combination of the Professorial with the Tutorial system desirable and practicable, at least with reference to some of the subjects of instruction. The Pro- fessorial Lectures might be given with an especial view to the exposition and illustration of general principles, and the elucidation of difficulties of prineijile. The Tutorial Lec- tures might fill up the subject in detail, and take more account of the progress of individual pupils. The Professor might be expected to have more enlarged views of his subject, derived from an extensive acquaintance with its literature and history. The Tutor might be required only to conduct his pupils through particular text-books. In the case of Experimental Science it would also belong to the Professor to illustrate his subject by means of the proper apparatus, which the Tutor cannot generally be expected to possess. With respect to the means of rendering the Professorial foundations more available for the instruction of Undergraduates generally, I think what is chiefly wanted is sufficient inducement for the Undergraduates to attend the Professorial Lectures, which, even under 3 P 2 W. F. Donkin, Esq., M.A, UsiVERSITTf EXTENSION. New Halls. Lodging-houses. Admission of strangers to Lectures. Matriculation Examination. Higher Degrees. Suggestion as to the Degrees in^ Music. Professorial System. 108 OXFORD UNIVERSITY COMMISSION. TF. F. Donkin, Esq., M.A. Number of Pro- fessors. Endowments. existinfr circumstances, would be available to a considerable extent if there were any demand for them. With respect to the number of the Professorships, I shall only give an opinion with reference to the department of INIathematics and Physical Science, excluding Physiology. There arc at present, in this department, Professorships of Geometry, Astronomy, Natural Philosophy, Experimental Philosophy, Chemistry, Mineralogy, and Geology ; of which the two last are held by the same person (though the duties are at present performed by two separate deputies, the Professor being disabled). It appears to me that this number is probably sufficient ; though the employment of assistant Professors in the same subjects might be found desirable if the Professorial system were in full operation. I think also that the department of the Professor^ of Geometry might be advantageously enlarged to include the whole of Pure Mathematics, and that the department of the Professor of Natural Philosophy might be understood to embrace the mathematical treatment of all the subjects treated experimentally by the Professor of Experimental Philosophy. With respect to the endowments of Professorships, I conceive that if it be required only to have a body of tolerably competent teachers, moderate endowments are sufficient. But that if it be desired that the University Professors should generally be amongst the most distinguished cultivators of their respective sciences to be found in the country, then much more liberal endowments are necessary. For either purpose most of the existing endow- ments are insufficient, as the Professor is in most cases obliged to hold some other employ- ment M'hich prevents him from devoting his whole energies to his Professorship. The following is a list of those Professors who, at present, have other acadeniical sources of income not attached to their Professorships, and with or without corresponding duties. The Regius Professor of Greek is . Regius Professor of Medicine . Professor of Astronomy .... Professor of Moral Philosophy . Professor of Ancient History Professor of Arabic (Laudian) . Professor of Anglo-Saxon . Professor of Arabic (Lord Almoner’s) Professor of Chemistry .... Professor of Experimental Philosophy Professor of Logic Professor of Exegesis of Scripture . Dean of Christ-Church. Radcliffe Librarian. Mathematical Lecturer of University College. Fellow and Tutor of Corpus-Christi College. Principal of Alban Hall. Sub- Librarian of the Bodleian. Fellow of Oriel. Principal of Magdalen Hall. Fellow of Magdalen College. Mathematical Lecturer of Wadham College. Vice- Principal of Alban Hall and Fellow ot Balliol. Provost of Oriel. Appointment of Professors. Private Tuition. Bodleian Library. 1. Reading-room. 2. Books of reference 1o be kept together. In the above List, only Academical sources of income are mentioned, as published in the Oxford Calendar. It is my opinion that the endowments of all Professorships should be liberal enough to justify the University in requiring the Professors to undertake no employment (aca- demical or otherwise) inconsistent with the most efficient performance of their Professoiial duties. _ 1 p • i.- 9. I think it very difficult to say what is practically the best mode ot appointing Professors. Probably it is desirable to have several ditferent modes. Of those which exist at present, I should think the worst is election by Convocation ; and^ the best, in theory, is election by a limited number of individuals who, from their position, may be supposed to be independent of all improper influence. 14. 1 think it is unquestionable that almost every subject may be more easily and tho- roughly taught to an individual than to a class. This will always be felt both by teachers and pupils, and therefore, there will always be a tendency to private tuition. 1 do not think the system could be, or ought to be, abolished ; but it might be regulated ; and the need for private tuition would be diminished in proportion as the public instiuction was improved. The effect of private tuition on the Tutor is, I think, /br a limited time , good; because it obliges him to make sure of his own knowledge of the subjects he teaches, and to clear his ideas as much as possible. But, if long continued, it is hurtful, because it tends to prevent his progress and improvement. As to its effect on the Pupil, of couise that depends chiefly on the ability of the particular Tutor he selects, at least under the piesent system. Speaking generally, it may be said that the defects in private instiuction aiise chiefli' from the tendency in young teachers to attribute undue importance to then own particular views and modes of thought. Upon the whole, I think that a system of private tuition, well regulated, and kept in connection with and subordination to the public teach- ing of the University, would always be useful. • i • i 15. From my own experience two improvements strike me as desirable in the legula- tions of the Bodleian Library. , First, that the hours allowed for reading should be extended. This might perhaps be done, without increasing the time of attendance of more than one or two of the Libraiians, by means of a Reading-room, into which persons might take books from the Library, and keep them there after the Library is closed. Secondly, that all books of reference, especially those in many volumes, such as Lyclo- pmdias, Scientific Transactions and .Journals, &c., should be kept together, and that peisons wishing to consult them should have free access to the place where they ale kept, and be allowed to take down the books for themselves. To those who are engaged in a for information on any particular subject, it is a great hindrance to be requiied to speci 31 the particular volume they want out of a scries of thirt 3 '^ or forty. And although believe access to the books themselves is at present occasionally allowed in such cases as a favour, I think it ought to be allowed as a rule, with every possible facilit}'. EVIDENCE. 109 TV. F. Donkin, Esq., M.A. Saviltan Peofes- SORSHIP or Astronomy. 1. Endowment. 3. Residence. 1 do not think it desirable that persons should be allowed to take books away from the Library. -i , p -i- ^ ■ . I believe that the present Librarians afford every possible facility to readers consistent with the existent regulations. _ . . p I think it doubtful whether sufficient provision exists for keeping all departments ot literature and science as complete as they ought to be in the Library. The Librarian is always ready to supply deficiencies pointed out by any person whose opinion is entitled to consideration. But this is an uncertain mode of doing what might be done with certainty and as a rule. ^ . ... 16. I conceive that the propriety of laying periodical statements ot the University Accounts laid accounts before Convocation is unquestionable. At present Members of Convocation are onvoca frequently called upon to vote for or against grants of money for particulai pui poses, without any information whatever as to the amount of the fund from which the grant is to be taken. Questions relating to the Savilian Professorshijo of Astronomy. 1. The endowment consists of the rents of certain land left by Sir H. Savile. There are four farms, the proceeds of which are equally divided between the Professors of Geometry and Astronomy. , . p a u a i Durino" the eight years that I have held the Professorship of Astronomy, the actual annual income of the Professorship (deducting expenses of repairs, valuations, &c.) has been, on the average, not quite 275Z. No other sources of income are attached to it. (See also answer to question 5.) , p ip i, a p pa i c .• 2. The person to be appointed is required by the statute to be of good fame and honest 2 . Quafificahons. conversation ; of any Christian nation, and any rank or profession ; to be thoioughly instructed in Mathematics, having first imbibed a knowledge of Philosophy from Aris- totle and Plato ; and to possess at least a moderate knowledge of Greek. He must be at least 26 years of age, and, if English by birth, must have taken the degree of M.A. regu- larly (without dispensation as to time or exercises). (See the Savilian Statutes in the Appendix Statutorum.) • • i i 3. A residence is at present provided for the Professor, but not by the original endow- ment. Dr. Wallis (formerly Professor of Geometry) left to the University, for the benefit of the Professors, the lease of two houses belonging to_ New College. This lease will soon expire (I believe in 1854), and then the Professors will have no residence, unless some new arrangement be made. At present the Professors pay nothing for theii houses except rates and taxes. No Lecture-room is provided. It is my custom to lecture at my house. ,,7 n- There is a Library, chiefly consisting of books left by Sir H. Savile and Dr. Wallis. Lihrary. There are no funds for keeping it up, and it therefore contains no modern books except the published Observations of certain Observatories, which are regularly presented to the Library. • i 1 The Library contains also a few old instruments and models, &c., now entiiely useless. In 1849 I apjflied to the University for a grant of 200/., to be expended in the purchase of instruments for the illustration of my Lectures. This Avas immediately gi anted, and the money was spent partly in the purchase of instruments, and paitly in fitting up a small room at the top of my house (which appeared to have been formerly used lor a similar purpose) for their reception. The room is ill-adapted for the instiuinents, and inconvenient for the reception of pupils. I have, nevertheless, found it of some use. 4 . There are specific duties required of the Professor by statute ; namely, to lecture on Astronomy, Optics, &c.,and to make and record Astronomical Observations. With respect to the last requirement I intend to say something below. With respect to the Lectures, nothino^ is required which might not be profitably enforced, except the use of certain boo s which are mentioned as text-books for Astronomy ; such as the Almagest, and others now obsolete. (See the Savilian Statutes, ^2.) 5. The Savilian Professors are elected by the following official persons 5. Appointment. The Archbishop of Canterbury, the Lord Chancellor, the Chancellor of the University, the Bishop of London, the Principal Secretary of State, the three Chief Justices, and the Dean of Arches; ivith the advice (if they please) of the Vice-Chancellor of the Uni- versity. . . . The office is for life. But the Professor is removable for immorality, notorious incompe- tence, or intolerable negligence. Also, when incapacitated by age or permanent sickness, &c., he is to be removed his office, retaining, however, one-third of his stipend for life, unless he have otherwise 10 /. per annum. His successor to be content with two-thirds of the stipend until the death ot the retired Professor. _ / • i, • n f Also, he cannot retain his office along with any ecclesiastical preferment (with 01 witnou duties) ; nor with the Headship of a College or Hall; nor with any public office in the University, such as that of Vice-Chancellor, Proctor, &c., nor with a hellowship ot a College. -IT au 6. The subject of the Lectures has generally been Plane Astronomy, including the 6. Lectures. elements of Practical Astronomy. I have once had a class in Physical Astronomy. It has been my custom to give notice of Lectures three times in the year, namely, at the beginning of Michaelmas, Lent, and Easter Terms. A Class has usually been obtained once or twice in each year, and a course of from twelve to sixteen Lectures given. Ihe 4. Statutable' requirements. 110 OXFORD UNIVERSITY COMMISSION. W. F. Donkin, Esq., M.A. No fees. General state of the Study. Savilian Observatory. Radcliffe Observatory. Rev. Robert Scott, M.A. Expenses. Parents. average number of the Class has been about three. No fees are paid by the Pupils. I have always required that persons attending the Lectures should have a previous know- ledge of certain branches of elementary Mathematics ; but during the time that I have held the Professorship I have only had to reject two applicants in consequence of this requirement. 7. The scientific study of Astronomy requires to a certain extent a previous mathematical education. It could not, therefore, be expected that Astronomy would be much cultivated in a University where Mathematics were neglected. Whenever the number of mathema- tical Students shall increase, the number of asti’onomical Students will probably increase in the same proportion. The Professor of Asti’onomy in Oxford has noL ex officio, the charge of any Observatory. This circumstance is, on the one hand, a great advantage, as it relieves him from the labour of the corresponding duties, which, in the present state of the science, are such as to be, in my opinion, incompatible with the efficient performance of Professorial functions by the same individual. On the other hand, it is a disadvantage, inasmuch as it deprives him of the opportunity of familiarising either himself or his Pupils with the actual use of instruments. The small Observatory mentioned in the answer to question 3 was established at my request, with a view to obviate this disadvantage. In the present state of astronomical studies in Oxford, the inadequacy of this Observatory is of little consequence. But in the event of any considerable increase of the number of mathematical Students, it would be, in my opinion, very desirable that a more suitable locality should be provided ; that it should be supplied with more instruments ; and that there should be a fund for keeping it up and supplying the Library with books. I think it is to be considered that practical Astro- nomy is not merely a means of obtaining astronomical results, but is also capable of being made highly useful as an instrument of intellectual discipline and cultivation ; as it depends, in its fundamental parts, upon simple applications of elementary geometry, and requires very clear conceptions and exact reasoning, without involving (so far as it needs to be taught for educational purposes) the more abstruse parts of Mathematics. On this ground, therefore, I think the existence of an educational Observatory desirable, as well as on the further ground that it would afford to Students the opportunity of becoming actually acquainted with the phenomena of the heavens. The Radcliffe Observatory was founded in 1772, at the request of Dr. Hornsby, then Savilian Professor of Astronomy, and was intended by him to be employed for purposes of instruction, as well as for those of a regular ])ublic Observatory. I am not aware, how- ever, that this intention was ever carried into effect. The offices of Savilian Professor and Radcliffe Observer were held together by Dr. Hornsby, and by his two immediate successors. They were then separated, and it is not probable that they will ever again be united ; nor do I think it desirable that they should. The Radcliffe Observatory is not a University institution, and the Observer is not appointed by the same electors as the Professor. The duty of the Observer is to employ his instruments for the advancement of the science ; and he ought not to be required to use the same instruments, or allow them to be used, for any other purpose. It is not, therefore, in my opinion, to be considered that the Radcliffe Observatory supplies, or could supply the wants of the University, so far as the instruction of Students is concerned. At the same time its existence renders unnecessary that part of the Savilian Statutes which (as mentioned above) requires the Professor to make and record observations for the advancement of science ; a requirement with which he cannot comply because he is not supplied with instruments ; and with which it is not desirable that he should comply, because his time is, or ought to be, otherwise fully occupied. W. F. DONKIN. Answers from the Rev. Robert Scott, M.A., Rector of South Luffenham and Prebendary of Exeter ; late Fellow and Tutor of Balliol College, Oxford. (I.) The importance of restraining extravagant habits, and diminishing expenses at the University as far as possible, must have been impressed on all who have had a share in College tuition. I will not say that they have been always as watchful as they ought. But it is right to state that the expenses over which they have any direct control, form a scarcely appreciable item among those which are really objectionable in any extravagant young man’s debts. College expenses, no doubt, vary : — and great vigilance ought to be exerted. But all necessary College expenses are moderate, when compared with those of other modes of life. It is fashion which causes immoderate expenses. And the seniors do not set the fashion. Young men set the fashion one to another. The University incurs the odium, only because it receives them at the age when such expenses first become possible. If the discipline of a school was observed at Oxford, the critical point of time would only be postponed to the next stage of life. But, no doubt, more might be done, if the University and College authorities were assisted in their efforts. 1st. Parents ought to support them. Tradesmen give credit for goods illegally supplied, because they know that (however loudly an indignant parent may appeal to College authorities to support him in resisting such charges) he will pay at last, rather than leave a stigma on his son’s character as a man of honour. It happens not unfrequently that this is done by parents, after they have placed the affair in the hands of the head and tutors of a College, and after these have distinctly refused payment. EVIDENCE. Ill 2nd. The law needs to be altered before due protection can be afforded. Were it not for the ^reat and reasonable jealousy felt of any application to Parliament on the part of the Universities, this particular application would certainly have been made. If Parliament should interfere with them at all, there is no point on which their well-wishers would so readily accept its interference as on this. The need of such legislation is the greater, since, from the new facilities of transit, it is no longer with Oxford tradesmen, but with tradesmen and money-lenders throughout England that the contest lies. Without asserting that I know a remedy for the evil, I should suggest, /or consideration, two propositions : — a. That previous to the recovery of a debt due from an Undergraduate to a tradesman, it should be proved that the bill was delivered to the debtor before the end of the term in which the debt was incurred [or, in the first week of the term next ensuing]; and that, in default of payment [within a given time], a duplicate of it was delivered to the tutor of his College. b. That all persons in statu pupillari at the University [or until a certain standing there] should be considered in law as infants; so as to extend the plea of non-age to that period ; at least in reference to all debts contracted, or bonds given during the parts of the year, for which they are required to reside at the University. [See also under § 6.] (4.) The appointment of the Proctors is by a cycle, which, if ever accurately proportioned, is certainly not so now. In case of alteration, the average number of the members of Colleges, not on the foundation, might probably be admitted as an element, as well as of those on the foundation. It does not appear to me that the principle of such a cycle is vicious, it it were fairly adjusted with reference both to Colleges and Halls. So long as the relation of the Proctors to the executive and legislative bodies of the University (z. e. the Hebdomadal Board and Convocation) remains as at present, it would be highly inexpedient to open a door to combination and intrigue in their election. But their duties of police press upon them with disproportioned weight, on account of the short period during which they hold office. Perhaps it might be advantageous that two Proproctors should be nominated each year to succeed to the office of Proctors in the next. They would thus acquaint themselves with the ordinary police duties, before the other responsi- bilities of the Procuratorial office came upon them. (6.) The object of extending the benefits of the University to a larger number of students is so desirable, and so important, that the suggestions under this head must be considered in detail. It will be convenient to postpone the first, until the remainder have been touched upon. (6.2.) I trust that the permission given to Undergraduates to lodge in private houses may be, if possible, withdrawn, certainly not extended. I have strong reason to believe that it directly causes grievous actual sin, and tends to foster immoral habits; and I feel convinced that no applicable amount of superintendence can make it harmless. (6. 3.) The suggestion that students should be allowed to become members of the University, without being subjected to the expenses incident to connexion with a College or Hall,’ is liable to the grave objection assigned in the last paragraph ; and is open, besides, to others of a more special description, e. g. : — a. It is a mistake to speak of the expenses incident to connexion with a College or Hall. There are expenses (sufficiently extravagant in many cases) incident to the residence of a young man in Oxford; but cceteris paribus, the expenses are less within College walls than beyond them. This is too plain to need proof. b. Again, the existence of such a class as is here referred to, if in numbers sufficient to make the change worth making, would not extend the University as it exists, but would substitute something entirely different for it ; so different, that it would render all inquiries into the present constitution and working of the University worthless, and all attempts to improve it abortive. (6. 4.) For reason (V), as stated above, it would seem unadvisable to allow Professors to give certificates of the attendance of strangers at their lectures ; as it would be virtually an inadequate and surreptitious mode of carrying out the last suggestion. But there would be little objection to the admission of individuals, though not members of the University, to the lectures of Professors, (1) at the Professors’ discretion, (2) for a time, and (3) gratuitously. (6. 1.) What has been stated may lead us to enquire whether the object of extension may not be effected in a mode less alien to the ancient constitution and practice of the University, viz., by the establishment of Halls, either as independent societies, or in connexion with Colleges, but especially in the latter connexion. Let it be assumed, — a. That it is desirable to suppress the system of private lodgings for Undergraduates. b. That a marked change is taking place in the course of the University studies and the periods of the examinations, which will break up the residence of the student into new divisions. c. That these divisions will be principally two, of which the first will be more im- mediately under Tutors, the second more immediately under Professors. d. And that these changes will necessarily demand a large increase in the number ot Professors ; for whose due maintenance provision must be made. The plan which appears to combine advantages in all these points of view is, that individual Colleges (or two conjointly, should need require — but this is less desirable) should establish Halls (as was often done in old time) supplementary to their own organization. Such old Rev. Robert Scott, M.A. Alteration of the law. Suggestions for diminishing debt. Proctors. Proproctors. University Extension. Lodging in Private Houses. Admission of strangers to Pro- fessorial Lectures. Affiliated Halls. 112 OXFORD UNIVERSITY COMMISSION. Rev. Robert Scott, 3I.A. Examination at] Mateiculation. Higher Degrees. Professoriax, System. Removal of restrictions. Endowments. Ordinary and Ex- traordinary Pro- fessors. Retiring salaries. Halls, indeed, sometimes served as preparatory schools to the Colleges. But, instead of that arrangement, let the Undergraduates of the College* be removed into the Hall thereto attached, at that period of their residence at which they pass from the Tutors to the Professors. Let a Professor (of course, with a preference to one who is a member of the College) be appointed head of each Hall, with residence in it, and the Guardianship (f. e. Tutorship, in that original meaning of the term which would still be applicable) of the iunior members. Let these new Halls be placed at once under strict rules of economical discipline. By tentative reforms in this respect, the best means of enforcing economy in the mother Colleges might be discovered; as the systems of these Halls, being e.xperimental, need not to be uniform. It is as yet too early to decide on any otie scheme as the Remedy for the evil of University extravagance. Those who have to inquire for such remedies will do well to compare the systems of different Colleges at both Oxford and Cambridge, and also^ elsewhere, where more direct efforts have been made in this direction. St. Augustine’s College, Canterbury; Trinity College, Glenalmond, Perth; the Charterhouse; Christs Hospital; Marlborough College; St. David’s College, Lampeter; may all furnish valuable data. Bishop Hatfield’s Hall, Durham, is doubly important, as affording an example of an economical system, xoorhing in the same University with another less economical ; a plan con- cerning the results of which there is much difference of opinion and some conflict of testimony. There seems to be some ground for fear that the organization of a system jtrofessedly econo- mical by the side of another which is not so, may be construed into a direct sanction of needless e.xpenses in the latter. Such an increase of the number of Heads of Houses as this suggestion involves, would probably make it necessary to modify the present constitution of the Hebdomadal Board. I am unable to say whether this is an insuperable objection to it. (7.) No one ought to be matriculated without examination. But it does not seem objection- able that different Colleges and Halls should require different standards of proficiency. As, therefore, one general matriculation-examination would imply the universal application of the lowest standard, it would seem better to leave the examination to the Colleges, &c., themselves; requiring, on the part of the University, a certificate from the College authorities of a stated amount of proficiency, corresponding to the minimum above-mentioned. (7.h.) As a new system of examinations has been created, but not yet tried, at Oxford, it seems unwise, at this juncture, to discuss the expediency of further changes in the requirements for the first degree. (7 c.) Doubtless it would be desirable to make the higher degrees less matters of form than at present. But, pressing as the calls of every department of society are, it is more than doubtful whether students can be detained at the University to study for these degrees. It might even be found to operate as a disfranchisement of all members ot the University hereafter, excepting Fellows of Colleges, if such an experiment were tried in reference to the degree of M.A. (8.) The expediency of making more use of the Professorships in the education of students at Oxford is generally recognized. My absence from Oxford for the last 10 years disqualifies me for the discussion of details. But it is notorious that in many departments the Professors are not nearly numerous enough to take an effective part in the general education of the junior members of the University. And if the progress of change tends towards the relief of the Tutorial body from a portion of the functions, which (in the practical abeyance of the Professorial system) has devolved on them, this deficiency will be more and more lelt. And it would be well for the University, and for learning and science in general, if there were more inducements for men of eminence in their several departments, to remain at Oxford, pursuing their own investigations, and imparting to others the results. The effect of the present state of things is too often to make a bad parish-priest out of a good University Professor. But to this end many of the restrictions must be removed, which at present interfere with the utility of the Professorships; that, for instance, which limits the tenure of some of them to a few years. The incomes attached to them must be placed on such a footing as to secure the permanent services of efficient men. If a large increase of the U ndergraxluate body, and a fresh apportionment of their studies between the 1 utor and Professor could be at once combined with the increased number of Professors, something might be raised for this end from the fees as now paid to Tutors. But this would not suffice for tne whole. And it would be important that a certain amount of income should be secured to the Professors from less precarious sources. The Ordinary Professor (to use the Continental phrase) in any department, might, at no heavy cost, avail himself of the services of Extraordinary Professors, or Lecturers (if he had the means of paying their services) among the Fellows of Colleges. ^ The class which now furnishes Private Tutors would thus have a work, perhaps less lucrative, but more in- teresting, and reflecting more credit on themselves ; and they would be trained for the University and College duties to which they might afterwards succeed. Such co-operation of several Lecturers, under the direction of one responsible Ordinary Professor of the Faculty, would probably work better than the establishment of co-ordinate, and perhaps rival. Professors. At least, on the Continent, the rivalry of Professors is sometimes found to lead to illiberal competition. It would also require a smaller fund for their income. And it would create a body of competent candidates in each faculty, from which the successors to vacant Pro- fessorships might be selected with less risk of mistake, wherever the patronage might lie. The provision of some retiring income for superannuated Professors would be very desirable, and would often release conscientious men from a painful dilemma. Perhaps the object rnight be effected by the appointment of “ Assistants and Successors,’ to enter at once on the duties of * If not on the foundation, they are at present sent into lodgings when they arrive at a certain standing. ] EVIDENCE. 113 the Professorship, leaving a fair portion of its emoluments, along with the official rank, to the retiring Professor. In many departments this is 'found to work well; and the Assistant is contented with a very moderate income at first, in the assurance of the reversionary appoint- ment. The arrangement made at the first appointment of the Professors of Pastoral Theology and Ecclesiastical History will illustrate this, as a financial expedient when larger funds are not forthcoming. (9.) Every mode of appointing Professors is liable to very serious objections : and the pro- portionate gravity of these impresses different minds differently. But all, I believe, agree that the patronage in the hands of Convocation is apt to be the worst exercised; because in so large a body the sense of individual responsibility is in danger of being lost ; public opinion affords no available check ; and voters are hurried away by the excitement of an election. Perhaps it would be wise to let the mode of appointment be varied, so that one may act as a check upon another. (10.) It would be very advantageous that all restrictions as to the election of Fellows of Colleges should be relaxed, so far as it can be done without violating the manifest intentions of the Founders. But I should earnestly protest against any systematic disregard of these intentions, or a substitution of mere secondary to primary objects in the disposal of their benefactions. If the alteration of the objects of much of the Church property, rendered neces- sary* by the Reformation, be cited as an argument for such a change, it appears to me inap- plicable here ; for as there were many religious foundations, without special functions in reference to education, existing before the Reformation, all bequests to the Universities or their Colleges (even if charged with the duty of celebration of masses, etc., foi‘ the souls of the Founders) must be understood as ■primarily left for the advancement of religious learning and education. I infer, therefore, that the Reformation left the primary object of all our Oxford foundations intact. And that this may be carried out, let the most liberal interpretation which would be honest, be given to the words in which a Founder indicates the recipients of his bounty. If it could be fairly done, I should gladly see all Fellowships thrown open, it not to the whole University, at least to all members of each College. But I believe that it would be dis- honest : and I cannot consent to deprive localities of the advantages specially secured to them by the bequests of Founders, &c. Much might, however, be done by visitors under some general legal authority. It might be well to try in different foundations different means of relaxation. For instance, where there is a limitation of birth to a certain district, which may seem to have been marked out by the Founder’s bii’th or residence there, education (for a given time) at schools within the district might be accepted as a qualification as well as birth ; so, too, the permanent residence of parents (being defined carefully) might be admitted, where the accident of birth might exclude. In other cases there may be reason to conclude that the local interest of property has been the cause of the preference. And here the advantage might fairly be extended to all the districts in which the College was possessed of property. When Founder’s kin, or the kin of any family, have a preference, the publication of the “Stemmata Chicheleana ” may supply an example and a precedent of enlarging the field of choice: but I must own that I do not think the case of such claimants deserving of so much consideration as the others. The process of extension could not be fairly carried out without a careful examination of the circumstances of the original foundation ; because these must interpret the intention of the Founder. But if due attention were paid to these, a large pro- portion of the evil might be done away without any violation of principle, such as would be involved in an entire abolition of restrictions. Nor would such extensions be likely to prevent all persons who are favourable to the system of preferences, from giving funds for University purposes hereafter. More sweeping changes might easily produce this effect. If the question refers also to the retention of Fellowships after marriage, I must express my belief that this would be a fraud upon the junior members of the University, (who require a maintenance during their studies,) in favour of those who ought, before marriage, to have sought out a permanent provision, such as a Fellowship was never meant to be. The chokviy ot Foundations, through the too long retention of Fellowships by those who are not formally disqualified, is an evil of sufficient magnitude without this aggravation. (11.) The present distinctions between Grand Compounders, Petty Compounders, and ordinary Graduates, are a deplorable absurdity. It would indeed be well that they should be done away ; for they oppress numbers who are in possession of a small property without hope of more ; while they do not touch the heirs apparent to the largest estates in the land. The distinctive class of “Gentleman-Commoner” might also be removed with great advantage, I do not think that it would be advisable to destroy that of nobleman, because it represents one of the positive distinctions of our political and social constitution. But there is much room for practical modifications of it. The distinctions made at matriculation are of no use and involve no principle of which I am aware. (12.) In answering the question which refers to the preparation of candidates for Holy Orders, I should wish to draw a distinction between the scientific study of Theology and that which is required for the due discharge of parochial duties ; which latter I do not call pastoral, only because that word is, in common use, applied to one single portion of it. Undoubtedly, for the scientific study of Theology the University is the proper place. Everything combines to make it so. But I am very much inclined to doubt whether it has the same advantages with reference to the ordinary preparation for the parish priests’ office. It is confessed that whatever may be done to revive professional education in the Faculties of Law and Medicine (and much may be, and, I trust, is likely to be done), the " I use these words to exclude all reference to the bestowal of Church property on private individuals : which was certainly not necessary . Q Rev. Robert Scott, M.A. Mode of appointing Professors. Restrictions on Fellowships. should be abolished if possible. Different possible modes of relaxation. Marriage of Fellows. Distinctions or Rank. Grand Compound- ers, &c. Gentleman-Com- moners. Noblemen. Study or Theology IN Oxford. Scientific study of Theology. 114 OXFORD UNIVERSITY COMMISSION. Rev, Robert Scott, M.A. Oxford not a ])lace for parochial train- ing, rather the Cathe- dral towns. Private Tuition. Evil of the office of Private Tutors as Public Examiners. Bodley’s Library. University cannot issue its lawyers and physicians thoroughly accomplished for their work. Other schools must be resorted to. And I cannot but think that the case is in some measure the same with parish priests ; and that it would be a more effective system of preparation for their office, if a collegiate system of theological training were organised in cathedral cities by the agency of Bishops and Chapters ; if (for instance) certain members of the cathedral body were charged with the studies ot the candidates for orders, and assisted them with the results of their own pastoral experience. The Bishop s Chaplain, who is to be responsible for their sufficiency, might thus contribute to it and watch their progress; the Chancellor of the Cathedral might thus fill with additional usefulness and dignity that original office of Master of the Church School, from which the title was derived to the chief officer of every University.* The other members of the Chapter might guide and enlighten the Students in the various practical duties and trials of their future calling, with especial reference to the difficulties and exigencies (differing so widely as these do) of their respective dioceses. The Bishop might watch over those whom he is afterwards to ordain, and gain clearer knowledge of them, and draw them onwards by other ties than those of mere authority and subordination. The Students themselves would have a space of bi-eathing-time in a more retired air, before entering on their new and solemn calling. The separation from old social and local tempta- tions would give to those who had yielded to such influences at the University a locus pcenitentice , and a favourable opportunity of putting good resolutions into practice. There would be less difficulty in maintaining strict economy in a collegiate system, when such a break bad taken place in a young man’s course; and the ultimate object of all this discipline and study would be more forcibly presented to tlie Student's eyes, apart from the mixed studies and society of a University. There would be facilities for really learning the strictly pastoral duties of the priesthood, such as the lecture-room of a mere Professor cannot supply, and which the City and University of Oxford, from various reasons, do not sufficiently afford, I have stated the convictions whicli have been forced upon me by an experience of seven years residence as a Graduate in Oxford, and ten years of labour as a Parish Priest in the country. (14.) It may be hoped that the transfer of a considerable portion of the present work of the Tutors to a* larger body of Professors, may enable the Tutors of Colleges to supply to a larger extent that teaching which at present is sought from private tuition. This, even if it be considered merely as a matter of finance, is a crying evil. It is one of the few expenses really falling very heavily on the poorer class of Undergraduates, for whicn the University may be considered responsible. Fifty guineas per annum is a monstrous addition to the cost of University education. And in this case it falls precisely on those Students who require most to be relieved from all burdens. . ... I do not believe in the necessity of such assistance. It was certainly not unavoidable in my own time ; as I can testify from my own experience and that ot others. But it is a breeding mischief. It tends to an unwholesome course and mode of study, such as the word cramming desio'iiates. It increases the unavoidable tendency to look on the examination as the sole end of study, and a man’s place in the class list as the sole acquisition to be^ sought. It re-acts upon the character of the examination itself; and it has even cast suspicions, however cause- lessly, on the fairness of the examinations. I feel sure that there has been no real cause for suspicions of the kind. But I must state, — for the topic is too important to be passed by from feelings of delicacy, — that the appoint- ment of Private Tutors to the office of Public Examiners has at times an effect in increasing the number of their Pupils; — and that, in fact, it has sometimes occurred that the Pupils of Examiners have been able to draw conclusions, which have not deceived them, with lespect to portions of the examination they were to undergo. I am here speaking of an earli^ peiiod; but I am speaking from positive knowledge of facts. I have known Pupils place themselves under a “ Private Tutor,” avowedly because he was about to be one of the Examiners. And I have known Pupils who have discovered, from the manner and conversation of an incautious Tutor, what sorts of questions were likely to appear, and, in fact, did appear in the examination papers. A system which exposes the Private Tutor to such treatment as this must be vicious in itself and demoralising to the pupil. There may be similar risks in the case even of College Tutors (and hence the rule that no Candidate shall be examined viva voce by a member of his own College) ; but all who are conversant with Oxford examinations know that this difficulty is infinitely crreater in the case of Private Tutors. If the system of private tuition remains unaltered in other respects, it should at least be enacted that no Public Examiner should take any Private Pupil whose certificate it will be his duty to sign. i i u 5 u (15.) A gentleman of my acquaintance some years ago purchased, in a bookseller s shop, a book belonging to the Cambridge University Library. This fact will show how much care will be necessary, if the circulation of the books of Bodley’s Library (not being duplicates) is ^ Considering how important it is that Students should not only have the use of good books, but should also have reasonable assurance that they shall find them by going to a particular spot, it may be doubted whether it is expedient to allow the books of Bodley s Library to be removed from the building. A large part of the collection, I believe, could not legally be so dealt with. My own beliefis that the appointment of additional officers, and arrangements tor still more' facilitating and encouraging study in the library itself by means of retired reading- rooms or studies, and by increasing the number of hours during which the library may be daily used, would be a better mode of extending the usefulness of the library. Vide Huber, Die englischen Universitdten, I., p. 2l, seqq. EVIDENCE. 115 Answer from John Conington, M.A., Fellow of University College, Oxford. . . . £■ • I HAVE the honour to lay before Her Majesty’s Commissioners a statement oi my views on a few of ihe points raised in their paper of questions relative to tire condition ot the University of Oxford. I hope to confine myself strictly to the consideration of such matters as more im- mediately affect those who, like myself, have passed through the Academical course, are anxious to reside within the University, and devote themselves to the advancement ot learning. For the sake of convenience I shall arrange what I have to say under three of the heads sug- gested by you — Restrictions on College Fellowships — the system of Private Tuition — and the increase of the Professoriate. (a) On the utter inexpediency of all local restrictions on Fellowships I think it unnecessary to say anything. That they make the interests of learning and education dependent on the acci- dent of birth is their one sufficient condemnation. Their defence rests on grounds which are denied by the very fact of the institution of a practical inquiry — the inviolable sacredness ol sta- tutable rights. It is a misfortune that any College, in late times, should have accepted benefactions subject to these limitations: and the result which has been apprehended in the event of their abolition, the cessation of similar benefactions for the future, would, in my judg- ment, be a blessing rather than a curse. Akin to this, is the question of the manner of election to Fellowships. Here again I can scarcely believe that a bona fide defence can be set up for the nomination system, either in whole or in part, in spite of certain fallacious analogies which have been drawn from the ap- pointment of Officers of State. In the hands of perfectly wise and good men, thoroughly acquainted beforehand with, the merits of the candidates, nomination might be the most obiious and unobjectionable course; as it is, the greatest facilities are plainly given to favouritism, wdie- ther open and avowed, or disguised under party prepossessions. An examination is adapted, as far as it goes, to test those qualifications for which Fellows are, or ought to be, mainly chosen : and its special advantage is, that it enables every candidate to assert his claims the unknown as well as the known. No one will pretend that it is infallible: but it can be show’ii to have infi- nite advantages over any rival system. (b) Another restriction, operating not so much on the election to Fellowships as on their tenure, is that which requires Fellows, in the majority of instances, to take orders sooner or later. The inexpediency of this regulation is not so apparent, as it answers a purpose which is at any rate quite intelligible, though not specially contemplated by Founders intentions. Nor have I any objection to admit that the presence of a considerable clerical element in Oxlord is, on many accounts, a desirable thing, d'hat nearly the w'hole of the emoluments ol the place should be in the hands of the clergy, I cannot but think eminently undesirable. I am not saying this with reference to the other professions. Law and Medicine, though in the present state of the University legal and medical students are surely at least as proper objects ol charity as non-resident or sinecurist clergymen. But, looking at Oxford as a place for working resi- dents, I am anxious to assert a distinction between the interests of Learning and those ot Edu- cation. For Education strictly so called, involving more or less the personal superintendence of the pupil by the tutor, a clergyman may on the whole, ccBterds yarihus, be more competent than a layman. But a student, whose object is not to form human character, but to pursue some one line of thought or research, must necessarily be hampered by the addition of clerical respon- sibilities. A literary or scientific man will naturally feel that he can follow his calling effi- ciently from the simple motive of conscientious zeal. The clerical office is not needed as a sanction to duties already existing : while, by imposing the appearance at least of fresh, and very possibly uncongenial duties, it can only distract the conscience and unfit the intellect for grappling with the work which it has deliberately chosen. Thus the restriction is a palpable evil to the University, depriving it of some of the ablest men, and injuring, intellectually as well as morally, those w'hom it continues to retain. There is also this further consideration, that the clerical Fellow, though taking orders rather from academical than fi’om clerical reasons, will not unfrequently be led to make the best of his position, and accept any piece of preferment wfiich may fall in his way, thus involving himself in actual clerical work, and perhaps quitting the University altogether. Whether the loss of the University is the gain of the Church, is a point which I am not concerned to discuss, but which, certainly, cannot be ruled at once in the affir- mative. I am here, of course, assuming not only that in a University the interests of learning and study ought to be as jealously maintained as those of education, but that College fiellow- ships in particular may as properly be held by the resident student as by the tutor. If this be allowed, it seems plain that a grievous wrong is done by the present system so far as it bears upon the student Fellow, and consequently that some considerable relaxation of the rule of com- pulsory orders is imperatively demanded. This is my main proposition : but I should be in- clined to go further, and doubt, whether education would be injured by the total abolition ot the rule. Even if the clergy are on the whole the best tutors, it does not follow that tuition should be confined to the clergy. In the present state of society too, I believe that a large proportion of resident College Fellows will always be ready to take orders of their own accord. At Wad- ham College, where no such rule exists, most of the Fellows are clergymen, even including the non-residents. Merton and All Souls will hardly be quoted as instances to the contrary. Education is not likely, at least for some time to come, to become so definite and substantive a profession that men in general will be unwilling to combine it with orders, especially if College livings continue to exist. Should a deficiency of the clergy still be apprehended, it would be easy to provide for the College chapel by the institution of Chaplaincies or Chaplain Fellowships, such as already exist at some of the Colleges. I do not say that the total abolition of clerical 3 Q 2 John Conington, Esq., M.A. Restrictions ox Fellowships. Local restrictions. Individual nomina- tions. Clerical restrictions. 116 OXFORD UNIVERSITY COMMISSION. John Conington, Esq., M.A. Celibacy. Married Heads of Houses. Great evils which result from celibacy of Fellows. Private Tuition. restrictions would be the best mode of proceeding, but I fancy it may be found to be the simplest, and thus it is of some importance to show that it is unobjectionable on other grounds. (c) The last restriction to be considered is that of celibacy — a restriction which diHers from the rest in its extent, being not merely general but universal. Like that of orders, it is not purely arbitrary, but serves a distinct purpose, though scarcely that which originally suggested its introduction. Yet it would be difficult to make out that the end here, any more than in the case of orders, either justified or necessitated the means employed. The end I take to be two-fold — to carry out the Collegiate system by securing the residence of tutors within the walls, and to ex- pedite the succession to Fellowships by increasing the chance of vacancies. The first thing to be observed is that these considerations, taken at their best, obviously apply to a part only of the body of Fellows, not to the whole. Some indeed may imagine that a complete staff of Monastic residents, whether employed or not, is necessary to the full efficiency of the Collegiate system : but I think we may assume that the exigencies of the time will be content with something short of such absolute mediaeval perfection. Those for whom residence within College walls is desirable are clearly the tutors : those whose Fellowships it is important to make terminable must be the sinecurists and the non-residents. Here then, as in the former case, the student Fellows may be excepted at once, as there can be no object either in making them live in College or in re- moving them from their Fellowships after a certain time — provided of course that they disclaim all intention of taking part in College tuition and really devote themselves to literary pursuits. The smallness of their income may stand in the way of their marrying : but that is palpably a con- sideration for themselves alone, not, as some have supposed, for the public. Besides, in their case the restraint is peculiarly harsli, as they may be supposed willing to regard their Fellowships not as a stepping stone to anything out of Oxford, a College living or professional advancement, but as a means of preserving a life-long connexion with the University. Even with regard to the other Fellows, the necessity of the rule is not so clear as appears at first sight. So long as married heads of Colleges occupy a part of the College buildings, a proposal to allow a similar privilege to married tutors is not to be treated as an absurdity, much less to be put down by paltry sneers about domestic details. It is plain too, that the succession to Fellowships might be expedited in some other way than by making vacancies contingent on marriage. As things are at present, a clerical Fellow rarely thinks of marrying before he gets a living ; or a professional Fellovy be- fore he is making a i-easonable income in his profession. According to the existing rule, a living vacates a fellowship, and the possession of a certain professional income might be made to do the same under proper conditions. It may be said that the stimulus of compulsory celibacy is required as an inducement to Fellows to take livings or exert themselves in a profession ; but surely tliis is an exaggeration. Useless Fellows are an evil in any case, and should be treated as such: but the way to get rid of them is by direct means — open election, which insures the choice of proper men, and the imposition of certain duties, which is a guarantee against subse- quent indolence. Besides, it would be perfectly possible to make a certain number ol Fellow- ships terminable ipso facto at a certain time, without any condition whatever, so as to secure a regular recurrence of vacancies. I have said thus much to show why I think the restriction of celibacy unnecessary, at least in its present extent. But even if it could be proved to be ne- cessary for its particular object, it would by no means follow that the price paid might not be too dear for the advantage gained. But for the apathy which exists on the subject, it would be needless to say that there are social evils transcending in importance any consideration of aca- demical expediency: and as such I conceive no unprejudiced person can fail to regard the ex- istence of a body of men bound to celibacy. The position of College Fellows as persons to whom the younger students might naturally look for moral sympathy or direction, tends further to com- plicate and aggravate the mischief. I can hardly suppose that I am called upon to anticipate ob- jections drawn from either monastic or economical considerations, though I am far irom thinking that my argument would be weakened by a reference to either. Difficult as these larger questions may be, there can be no difficulty when the sole point involved is the existence of a local prohi- bitive law, to which there is nothing analogous in the rest of society, at least within the English Church. Were it not for the isolated and impracticable position ot the Universities, which ex- cludes them irom public sympathy, it is hard to believe that Parliament would not have long since interfered to do away ivith so tyrannical and injurious a restriction. And now, that the University’^ question is to be brought before the Legislature, I can only hope that neither prudery, nor indifferentism, nor the fear of ridicule, will prevent those who are chargea with the duty of making a report from representing fully the seriousness of the grievance complained of. My convictions are strong, yet I should have hesitated to express them thus strongly, if I had not felt the case to be one where few voices are likely to be raised, and, consequently where every- thing that is said has need to be decided and emphatic. So far as the Pupil is concerned, my experience would not lead me to speak unfavourably of private tuition. One great recommendation of the system is that it is voluntary. The Pupil takes a private Tutor because he thinks it necessary or desirable. The labour is self- imposed, and the expense incurred optional; and thus he will generally take some interest in his reading. Again, being free to choose whom he likes, he can consult his own special wants, and adapt his means with some precision to the end which he has in view. Cramming is undoubtedly an evil, substituting as it does the attainment of the minimum of knowledge by the minimum of thought in the minimum of time for continuous and study : but it cannot with justice be charged wholly or even principally on private tuition. If any system is in fault, it would rather be the examination system, which requires, as a proof of study, such knowledge as cramming can supply : and it may be worth while considering whether the test devised is not capable of improvement, at least In some of its details. But the real difficulty plainly lies deeper, and it is likely to continue so long as human nature is what it is. Any EVIDENCE. 117 lest of proficiency imposed from without is sure to be felt as more or less arbitrary or oppres- sive, not only by those who dislike learning altogether, but by those who are ambitious of distinction ; and every expedient which does not involve conscious and actual dishonesty will be resorted to in order to evade its full force. Even a first-class man will in general value his degree not as a proof that he has passed successfully through the best conceivable course ot education, but as a badge without which others would not give him credit for being what he feels himself to be. So far as it goes, private tuition rather tends to alleviate the difficulty, as preventing the preparation for the examination from being equally compulsory with the examination itself. The other great recommendation of the system is that it deals with indi- viduals, not with classes, and thus enables the Tutor to see more ot the Pupil. The advantage here is still greater, but not nearly so certain, depending more on the character and temper of the two parties than on the invariable operation of the system. Still, the Pupil can hardly fail to benefit more or less by having the absolute command of a certain portion of the Tutor’s time ; and as the arrangement is voluntary, it need not long continue after it is found to be unprofitable. I have endeavoured to speak of private tuition as it exists in the gross, but it is possible that I may have been thinking too exclusively of the effect of the better sort of Tutors on the better sort of Pupils. As to the question of expense, which presents an undeniable difficulty, I have said nothing, that being in my opinion a matter for wider consideration. When the merits of the several parts of the educational machinery now existing in Oxford have been severally estimated, it will be time, by a comparison of the results, to decide which can best afford to be spared. _ rxc i The effects of private tuition on the Tutor are much more equivocal. It is not difficult, however, to account for this variety of experience. As things stand, the calling is tolerably universal, most men who have any claims to teach having recourse to it for a longer or shorter time after their B.A. degrees. They take Pupils because it is the natural thing to do— not very difficult or distasteful to one fresh from his own reading, and sufficiently profitable to pay the expenses of a residence which may be continued or discontinued at pleasure. Many of them soon quit the University for some one of the professions, which is, of course, their leal object in life. Oxford is to them simply a convenience, and they take it as they find it. It offers them no professional advantages, but it offers society, and, to a certain extent, the means of general improvement; and if, in consideration of these, they agree to take part in the edu- cation of the place, the obligation is too mercantile to make it worth while for any but them- selves to consider how far they are personally benefited by their employment. But in the case of residents the relation is different. They identify their interests more or less permanently with the University, which in return acquires certain duties tow'ards them ; and among these is that of providing them with employment at once suitable and remunerative. The suitableness of private tuition obviously depends on the course of life to which it is to be an introduction. So far as education, professorial or collegiate, is the student’s object, he will be likely, I think, to derive considerable good from his work as private tutor. Having to deal with indi- viduals, he gains the power of imparting knowledge according to the capacity of the recipient; and as his income depends entirely on his reputation for success in teaching, he has an additional reason for taking pains. His office will often be a thankless one, but that is only what can be said of every branch of the profession wdiich he has chosen. As a general iiile, he devotes himself to some particular subject in which he is supposed to excel, so that his knowledge will in most cases be sufficiently determinate for practical purposes. At any rate, it may be safely assumed that those pretensions which would justify a man in hoping one day to fill a Professorial chair would enable him to command a sufficient number of pupils in a single department of private tuition. This applies, of course, only to such Professorships as are^connected with the subjects which enter into the University examinations ; but in theory all the Professorships are supposed to bear on the academical course, and in practice the reforms which have happily begun are introducing private tutors into fields of knowledge hitherto untouched. It is undoubtedly desirable that those who are to teach others should themselves have some better teaching than is supplied by the recollections of their Undergraduate reading, or by the mere process of tuition : but this might be effected by the establishment of Profes- sorial lectures for the younger Graduates, who for their own sakes would not be likely to neglect the opportunity of improving themselves in their calling. I think, then, that those residents who intend to take part in education, properly so called, may advantageously begin life as private tutors. But there is another class to w'hich I have more than once alluded, a class w'hose workis literary rather than educational, and for these, I conceive, a veiy diffeient prepa- ration is needed. Oral and personal teaching is not their end, and private tuition will do them but little good as a means, though in the present state of the University they may not be dis- posed to forego the increase of income which it holds out to them. Persons who regaid learning and education from a distance may easily be led into imagining them to be one and the same thing, so as to see no reason why a learned man should not be a Professoi oi a School- master ; but there can be no occasion to press the distinction on those wdio take a nearer view.^ It would be unwise to expect a student to be a Professor, though the impersonal chaiacter of a general lecture approaches more nearly to that of a written book ; it is infinitely more impo- litic to make him give up those years when the passion for acquiring knowledge is strongest and literary ambition most ardent to" the labour of communicating such information as may best enable the pupil to satisfy College or University examiners. The result is, that both^literature and education suffer indefinitely by being thus compelled to encroach on each others sphere. This I believe to be the real cause which makes the system of private tuition appear to be a hardship on the tutor. As a system it may be capable of improvement with reference to its own legitimate object: but the chief alteration needed is one which would remove the John Conington, Esq., M.A. Want of some pro- vision for those who wish to live for Study. 118 OXFORD UNIVERSITY COMMISSION. John Conlnglon, Esq., M.A. Extension of the Professoriate. Whence the funds might come. necessity of its being conducted by men who might be more profitably employed in other pursuits. The distinction which I have just been re-assertincr between learning and education ouorht. in strictness of speech, to prevent me from offering any observations on this point, as it is not of the Professorial system that I am intending to speak. I should greatly rejoice in any reform which would give efficiency to that system, and am strongly of opinion that the funds at the disposal of the Colleges might with advantage be made available for such a purpose; but I have not sufficiently considered the question in its details to be able to do more than echo the opinions of others. On the other and more direct means of encouraging learning, the mainte- nance of a body of men, not as Teachers, but as Students, I may be naturally expected to say something more, as I have already made it evident that they occupy a prominent place in my consideration; and though the little attention which the subject has received from University reformers renders it difficult to suggest any plan for dealing with it practically, it is only a further reason for making the attempt. If I have said nothing as yet to prove the expediency of securing learned and literary men as residents in the University, it has been because I did not conceive any proof to be required. The advantage is plainly mutual : the University gains by the presence of scholars and men of science, though they may take no direct part in education, while they gain from their residence in a place where their social position is assured by their learning and ability, and where there are so many facilities for study. They will not lecture, simply because they have other duties to perform, but they need not, therefore, be less worthy of their hire. They will not be merely pensioners, but they will be enabled to live without dissipating their energies in desultory efforts for the gratification of the public, or engaging in the grinding competition which is the natural law of less purely intellectual professions. Such an element cannot be said to be fully naturalized in Oxford ; but it exists more or less even at present. Some of the Professorships, as now filled, furnish examples of men who though unable or unwilling to succeed as lecturers, yet reflect credit on the University by their residence within its precincts ; and the Fellowships, though really sinecures, and hampered besides by uncongenial restrictions, are occasionally held by persons who use their leisure as a means of gaining literary distinction. But these are rather fortunate accidents than anything else — few in number, and existing on sufferance, not by express recognition and encouragement ; they are compelled to adapt themselves to existing institutions, and existing institutions are strained to meet them. Their existence does not preclude the need of change : on the contrary, it necessitates it, and indicates the direction which it should take. The objects to be aimed at in proposing any such scheme of change are sufficiently clear. The provision made must be tolerably extensive, so as to offer a prospect of usefulness not to two or three only, but to many : it must be tolerably liberal, so as to relieve those who share in it from the necessity of resorting to anything else; and it must be accompanied by some guarantee, similar to that which requires lectures from the Professors, so as not to degenerate into sinecurism. With these conditions in view, it may be possible to approach the question practically, though without any definite hope of solving it. The plan which I contemplate may be described either as a reform of the Fellowship system or as the erection of a new foundation. Externally it might be effected byre-arranging a certain proportion of the existing Fellowships, relieving them from such restrictions as orders and celibacy, and attaching to them new duties ; but the endowments so created would neces- sarily have more of a University than of a Collegiate character. Those who are aware how completely the Fellowships have lost in modern practice their original and statutable office, and how vain it would be to expect them ever to recover it, will scarcely consider it a daring alienation of College trusts even if it should be proposed to treat one-third of the present revenues as available for the purposes of learning, leaving the remaining two-thirds, together with the Professorships, sacred to education. Such an appropriation of funds would at once sujjply the means of founding a large number of pensions, tenable without restriction by residents, who should resolve to devote themselves to literature or science, in some one of their various branches. These pensions might be classified according to the several Faculties which it was thought desirable to encourage, so as to allow each its due proportion of students. The Students shoidd be elected, like F'ellows, by examination, the tests proposed being stricter in proportion to the importance of the prize to be given away : e.g., it might be desirable to require some essay or short treatise, as a specimen of original investigation in the particular subject chosen for study, so as to admit none but those wiio gave real promise of distinction. The right of election might be accorded to the Colleges, in consideration of their supplying the funds ; but I believe it would be found much more advantageous to the interests of learning that it should be vested in a board of University functionaries, of whom the Professor of the particular department would, of course, be one ; in time, too, it would be pos- sible to allow the pensioners themselves a voice in filling up their own numbers, as would be the case in a College election. It would be necessaiy, too, that they should be subjected periodi- cally, at least during the earlier part of their literary career, to some kind of additional examination in order to ascertain the use which they might be making of their opportunities, facilities being provided for the removal of such as should be judged unworthy of their position. For this there is already some precedent, not only in the case of certain College exhibitioners, who are examined terminally by the University Professors, but in that of the ^’ravelling Bachelors at Cambridge, who are required to produce before the Senate some account of the results of their travels. Probably something in the shape of a yearly dissertation would be the least objectionable duty to impose ; nor w'ould there be any reason why such occasional publications should not assist rather than hinder the course of study. The examiners, who EVIDENCE. 119 would have to decide on the satisfactoriness of these productions, might have the power of dis- pensing with them under certain circumstances, such as where the student was known to be engaged on an elaborate work; but the privilege ought to be very sparingly conceded. It may be hoped, too, that in a large proportion of instances literary ambition would prove a sufficient stimulus to exertion, and that the existence of a moderate amount of protection would not altoo'ether interfere with the ordinary laws of supply and demand. Five hundred pounds a-year might be fixed as the limit which would prevent a writer from being utterly dependent on the public, and yet encourage him to increase his resources by his own efforts. It would be a matter for consideration w'hether some graduated scale could be introduced, so as to give an advantage to the older servants of the University, though this, after all, might not be needed. As the pensions would be tenable for life, except in the case of non-residence or the acceptance of any other appointment, not to mention more obnoxious causes of disqualification, it is mani- fest that a large number would be required to secure a reasonable prospect of vacancies. If one third of the gross amount resulting from the College Fellowships could be made available, it would be easy to establish five pensions in each of the principal departments of knowledge ; and these, as compared with the Professorships, would open as large a field as could be desired for literary and scientific aspirants. I have entered into these details with some reluctance, knowing that they are liable to meet Avlth all manner of objections, and thus to discredit the principle for which I am contending. I can only say that I attach no value whatever to them in themselves, only suggesting them because 1 thought myself bound to put my notions into some practical form. For the same reason I have not sought to be more definite than appeared absolutely necessary. I have even left it doubtful whether I would connect my proposed scheme with the Colleges or with the University, as, though I think the latter the more feasible arrangement, I believe both to be practicable, and I know that there is likely to be a strong feeling against any diversion of College property from College control. But whatever may be the worth of the means, the importance of the end remains unimpeached. I fear that I have expressed my .sense of its value very insufficiently, but I was unwilling to extend an argument which is already too long, and feeling the want itself to be real and deep, I could not suppose that those who have thought most on University questions would need to be reasoned into a belief of its existence. Any one who has experienced it must know that to be met at all it must be met fairly and fully, and that no extension of the educational advantages of Oxford, whether by revival of the Professoriate or by any other means, however desirable in itself, can be accepted in satisfaction of a deficiency which is not educational, but literary. I would only say in conclusion that while my remarks have been mainly directed to one object, they are not incapable, I trust, of other applications, and so may be useful as a testimony to the'necessity of changes which I have not expressly advocated. JOHN CONINGTON. Answer from Sir Charles Lyell, M.A. of Exeter College, F.R.S., President of the Geological Society of London. Sir, The first point to which the Commissioners have directed attention, namely the best means of restraining extravagant habits, appears to me to involve many of the others, since the most effective means of preventing idleness, and thereby promoting good conduct, is to inteiest the great body of the Undergraduates in the studies of the University. A certain numbei of young men who are conscious of superior abilities, and ambitious of academical distinction, will devote themselves zealously to any course of reading which may be prescribed ; but the larger proportion, who may be intelligent but who possess only moderate talents, will requiie to be led on by finding the instruction congenial to their tastes, or seeing clearly that it has a distinct bearing on their future occupations or callings. To secure this, it would be desirable to allow them to exercise some degree of freedom in the selection of the subjects taught, and of their teachers. If this be denied, they will rarely do more than just master the tasks required of them for the sake of passing the public examinations. The inlbrmation got up for this purpose will seldom occupy their thoughts or conversation when they are not at their books, and will be forgotten when they leave College, even in a shorter time than it was acquired. The University fees and the ordinary expenses should be diminished as far as is compatible with obtaining the services of the most highly qualified teachers, but these expenses seem not unreasonable at present, nor is the cost of board and lodging exorbitant. The evil justly com- plained of by the public, that young men are tempted to exceed their income and run into debt, or that parents feel compelled to make them a larger allowance than they can afford, and more than is consistent with the expectations of a large proportion of the students in after- life, arises from various causes, but chiefly from the exclusive system of University education, which again is determined mainly by the division of the University into a great number of separate colleges, and by the tutorial system. The style of living considered by the young men to be indispensable for a gentleman, will depend almost entirely upon the average incomes which the majority have at their command. John Conington, Esq.. M.A. Sir diaries Lyell, M.A., F.R.S. Expenses. Causes of extrava- gant expenditure. 120 OXFORD UNIVERSITY COMMISSION. Sir Charles Lyell, M.A., F.R.S. Studies of the place. Influence of the Colleges in contracting the sphere of Study. T UTOBIAL System. Inadequate at the present day. and in some degree on the extent to which the social intercourse of students enjoying similar in- comes is left free and unrestricted. The tone of public opinion on these matters can scarcely be affected by sumptuary laws, or by the authority of tutors, or heads of houses. So long as classics and pure mathematics form the staple of what is taught between the ages of 18 and 22 the un- dergraduates must be chiefly limited to a wealthy and aristocratic class, who do not look forward to earn their bread in after-life by professional labour, and a still larger number who are des- tined to take holy orders, to whom degrees are indispensable, together with some who are quali- fying to become schoolmasters. Of those intended for the churc h, some will be the sons of rich parents, others will obtain scholarships, and various academical endowments, while the rest will feel themselves poor, and often be tempted to spend more than they or their parents can afford. They will run the greater risk of doing this, from often finding themselves members of small communities, in which the average incomes of the undei'graduates are larger than their own. I’he difficulty of avoiding such companionship arises from the separation of Oxford students into diflerent Colleges, where the young men are thrown together without respect to equality of for- tune or acquirements, or similarity of tastes. Intimacies are naturally formed among those who are obliged to attend the same lectures, and to take their meals, and to sleep under the same roof; and the industrious and thocightful are less free than they would otherwise be, to seek out and pass their time with their equals in fortune, attainments, and talents. No thorough reform in such a system can take place until the University is emancipated from the control of the Colleges, or so long as it consists of an aggregate of independent cor- porations, each regulating to a great extent the studies of the young men specially committed to their charge. But great improvements may be introduced even before so desirable an object is accomplished. It seems to have been the original aim of the founders of European Universities to congregate in one place a sufficiently large body of students to render it possible to subdivide the teaching of the various departments of human knowledge, among a great many instructors each eminent in some particular branch. In order to command the continuous services of the most profound scholars and gifted men, each skilled in the art of teaching, the emoluments derived from the fees of a lar^e number of students, as well as from national or individual endowments, was felt to be desirable. It was the duty of the teacher to concentrate the whole powers of his mind on some single department, whether of Classical Literature, or of Law, Medicine, or Theology, or Moral or Political, or Physical Science. If such a subdivision of the field of literature and science was indispensabk even in the middle ages, when what was best worth knowing was chiefly confined to the ancient languages, and when the progress of knowledge was comparatively slow, it became more and more requisite after the Reformation, when several modern languages became successively as well deserving of study as Greek and Latin, and when new social, political, and physical sciences came into existence. In proportion as these new educational wants sprang up in a population rapidly increasing in numbers and wealth, the University of Oxford instead of meeting the new exigencies by enlarged means, or by a better organization of the old resources, went on con- tracting the range of its academical course. 1 need not enter historically into the causes which led to this unfortunate result; it is enough to say that eventually all the students were obliged by the University statutes to belong to some one or other out of 24 distinct collegiate establish- ments, the smaller of which had only 10, and the larger rarely more than 150 students belonging to them, and a distinct staff of teachers was appointed for each college, to \yhom the whole education of the Undergraduates was exclusively entrusted. From that period it became necessary, in place of enlarging from time to time the sphere of subjects taught at Oxford, to exclude from the regular academical course some portion of the studies which had previously been recognized and encouraged. It was absolutely indispensable to confine the course within narrower bounds than the old mediaeval quadrivium and trivium. About two-thirds of the Oxford fellows from whom the tutors are chosen, are practicall^'^ elected at the age of from 17 to 19, when they obtain scholarships or studentships. The majority of the College tutors are under the age of 35, and cannot marry without forfeiting their fellow'ships, which usually entails the loss of their tutorships also. They cannot be expected therefore to regard the work of tuition as their calling for life. On the contrary, they are looking forward to College livings, and the discharge of parochial duties, for which theii occupation at the L^niversity is by no means the best preparation, and, on the other hand, pre- ferment often deprives the University of some of its most practised teachers and examiners. When we consider what kind of machinery for tuition an ordinary-sized College can supply, we are fully justified in doubting w'hether the principal defect in the present plan of study does not consist in attempting too much. They who defend it by saying that it is better to teach a few' things well than many imperfectly, ought seriously to consider whether it is not already far too comprehensive a scheme. The Greek and Latin languages alone if studied with broad philological view’s, such as a scholar of the nineteenth century has a right to expect from an Oxford preceptor, are more than enough to engross the time and energies of two or three young men generally not above 30 years old. If then we add to their labours the task of lecturing on the history, philosophy, and poetry of the ancients, together with logic and Christian divinity, we impose upon them an accumulation of duties which they would deem it presumptuous to undertake, if they had formed a just conception of the quality of the instruction which the public has a right to expect from a University like Oxford. The unavoidable consequence is, that the Greek and Roman languages and writers are taught to grown-up men at College, in the same style as to boys in the. upper classes of our grammar schools. Indeed the average College tutor is not equal in ability and scholarship to the average head master of a great public school. Parents who have no personal experience of Oxford, and who hear that there are professorships there of Modern H istory, English Literature, several living EVIDENCE. 121 languages, Political Economy, Law, and Medicine, Astronomy, Natural Philosophy, Chemistry, Anatomy, and Botany, are too apt to believe that all these subjects are really taught to those who wish to study them, whereas the bequests of private individuals who founded these chairs, or the annual grants of Parliament in support of them, will remain a dead letter, and the class-rooms of the Professors must continue empty, unless the Commissioners can bring about some more or- o'anlc changes in the system than were effected by the new statutes passed in 1849. At present, the College lectures are so contrived as to consume the whole forenoon, and to give as much work to young men of ordinary industry as they are equal to. Students who may consider their proficiency in^Latin and Greek at the time of their leaving school at the age of 16, however rno- derate, as great as their station and prospects in life entitle them to indulge in, and who conceive that other 'acquisitions will be far more useful to them before they enter the business of life, are now called upon to pay fees to a College tutor for teaching them more Greek and Latin, and must reo-ularly attend his lectures, whether they think them profitable or not. This monopoly of the Colleges, has, therefore, the effect of rendering Oxford not only less fitted for the middle classes, but also for the sons of many of the higher orders, and, moreover, the aristocratic notions, and class prejudices which the neglect of useful knowledge engenders, is fostered and exaggerated by several of the old customs and institutions of the place. I allude particularly to the distinc- tions referred to by the Royal Commissioners, between compounders and ordinary graduates, and between noblemen, gentlemen commoners, and commoners. A peculiar costume assigned to the possessors of mere rank, or, what is it possible even more objectionable, to mere wealth, or the power of paying higher fees, is calculated to enhance in the eyes of young men the importance of these adventitious advantages. All academical honours and distinctions should be reserved exclusively for the successful cultivation of talent coupled with good moral conduct. How can we expect to cherish|a proper feeling of equality among gentlemen, or to guard against the worship of mere riches in a mercantile community, if marks of personal favour and external privileges are conferred at the University, not for merit, but for the mere accident of biuh and fortune ? I speak from personal experience of what has happened within the circle of my own friends and acquaintances, when I affirm, that parents possessing ample pecuniary means are often deterred from sending their sons to Oxford by a well-grounded apprehension, that after a residence of a few years, they will contract from the social atmosphere of the place, notions incompatible with the line of life to which they are destined, although that professional line may be one peculiarly demanding a liberal education. They wish, for example, to bung them up as attorneys, publishers, engineers, surgeons, or as merchants in some established house, and naturally turn their thoughts to Oxford as a safe and good training place, till they are warned by those who know the working of the system, that the youth, however vyell satisfied with the honourable calling proposed for him, (which, perhaps, he has chosen hirnself,) vyill discover at the end of a few terms, that such occupations are vulgar and beneath his dignity. How much vulgarity of feeling and want of true independence of rnind may lie at the bottom of such fine notions it is superfluous to inquire here. The remedy is, I think, as obvious as the cause ; — a large accession to Oxford of the representatives of the professions alluded to, would make such class-prejudices disappear at once, without the accompaniment of an evil so much dreaded by many advocates of the state of things as they are, namely, a diminished attendance of men of rank and fortune. These, on the contrary, might be tempted to come in larger numbers, if their time at the University was spent more profitably in learning, not simply Classics and Mathematics, but the history, laws, and constitution of England, and a variety ofmforma- tion respecting modern literature or physical science, which might accord with their individual tastes. By application to such studies they would be far better prepared than at present to fill the stations into which many of them are destined immediately to enter as legislators, magis- trates, or country gentlemen. To conclude what I have to say on the subject of extravagant expenditure, I may remark, that a young spendthrift who has encumbered himself with College debts, may, before he leaves the University, see the folly of his ways, and repent, and if so, his debts being discharged, no lasting mischief may accrue. But if at the age of 22 he has acquired an aristocratic distaste for the professional career which was open to him, it may require years before he recovers as much common sense, as will open his eyes to his true interests, and then the golden opportunity which before offered itself, may have been lost for ever. A deep conviction has, for some years, taken possession of the thinking portion of the English pubUc, that far too much time is now sacrificed in our principal schools and Univer- sities to the study of Greek and Latin ; and, above all, to the effort (so often a vain one), to acquire a facility in writing elegant prose and verse in these languages. It is very difficult to persuade those who have grown up under such a system, and who have spent their lives in car- rying it out, that any other course of study would be more useful or more popular, seeing that the Colleges at Oxford are full to overflowing, and the public schools crowded with pupils. But the number of fellowships and livings in the gift of Oxford, and the requirement of degrees for ordination is such a source of influence (not to call it bribery), that if Sanscrit and Chinese were substituted for Greek and Latin, no material diminution would be experienced in the supply of students. The clergy of the establishment, 17,000 in number, have the two Universities, and nearly all the great schools, under their management, and yet in spite of this patronage and power, they have been unable so to form and bias the opinion of the public, as to check the progress of a growing dissatisfaction at the narrowness of the plan of teaching now adopted. An examination previous to matriculation, might be made the most speedy means of working a salutary change, and giving to the departments of knowledge, now excluded or ignored, the place they are entitled to hold from their usefulness and importance. Whatever is recognised in a preliminary examination, even though the minimum ot proficiency insisted upon be very small, will at once be introduced into every great public school throughout the country. Sir Charles Lyell, M.A., F.R.S. An organic change wanted in the system. Greek and Latin forced on the un- willing. Aristocratic notions. Remedies. Extension of subject studied. Matricui.atiox Examination'. Sludy of Greek and Latin. Matriculation Examination on various subjects. 122 OXFORD UNIVERSITY COMMISSION. Si)’ Charles Lyell, 31. A., F.R.S. Excellent effect of this on Schools. The nainimum not to be high. Present neglect of Natural Science. Restrictions on Fellowships to be united with Professorships. Orders and celi- bacy. Mode of appointin Professors. A school, I speaTv from experience, may consist of about 80 boys taken from the higher and middle classes, of whom 75 are never intended for the University, being unable to afford to be occupied with Greek and Latin beyond the ages of 13 and 16. The head-master, a graduate of Oxford, models his plan of instruction for all the pupils, in such a way as will tell best in preparing these five favoured youths to cut a figure at the University. He is ambitious that some of these pupils should carry off scholarships or gain first classes or other prizes, because their success will reflect credit on his school. The parents of the other 75 boys, may wish for the introduction of the French and German languages, or the elements of Physics and Natural History, or some modern literature, but they must submit to be ruled by the standard set up at Oxford, and even there assumed to be the best only for a class of students which can afford to persevere in a preliminary and unprofessional training up to the age of 22. Bv enlaro-ing the range of subjects comprehended in an examination previous to matriculation, the Commrssioners would not only improve the Oxford system, but still more that followed in all public Schools, a matter of incomparably more national importance as affecting the middle, and no small part also of the upper classes. At the same time, such a reform would act immediately, not only on the Schools, but on such of the University Students as are qualifying to become Schoolmasters, and these would at once begin to shape their studies more in con- formity with the spirit and wants of the age. ■ i u I assume that a large and efficient body of Examiners shall be provided, such as might be chosen from a complete corps of Professors and Assistant-Professors. In that case, every lancruage and branch of literature, every faculty, art, and science would be represented. The minimum of preliminary attainments in Latin, Greek, Mathematics, Modern History, Physics, See. beino- fixed, and not too high, the candidate for matriculation, when he has satisfied the Examiners on these heads, should be permitted to be questioned in any other branch of knowledo'e he may name, and according to the extent of his attainments, should obtain cei- tificates enabling him to enter certain courses of lectures, framed for Students classed according to the degree of their advancement. Suppose, that some acquaintance with at least two modern languages be required, these ought not to be specified, because Persian and Hindos- tanee, or Chinese or Sanscrit may be far more indispensable to some young men destined for India and China, than French,' German, Italian, or Spanish, although these last would be most commonly chosen. In like manner, in regard to Physics or Natural History, a gteat rano'e of choice ought to be permitted, whether in the matriculation, or any subsequent examination, and it ought to be indifferent to the University whether Astronomy, or some of the numerous branches of Natural Philosophy or Chemistry, or Geology, Mineialogy, Zooloo'y, or Botany be preferred. The new examination statutes passed in 1849, show that the governing majority of Graduates were not then prepared to recognize even one single depaitment of Physics or Natural History, as admissible, much less recpiisite in the first two examinations. Even in the third, that class of subjects which is growing daily in importance was left entirely optional, so that the highest academical jirizes and honours might be carried off by men pro- foundly ignorant of the elements of the entire field of Natural Science. Such regulations en- sure the continued exclusion from nearly all our great schools of departments ol knowledge, eminently fitted to quicken the powers of observation and classification, to say nothing of the pleasure which they afford to many intellects of a high order. A spirit of enquiry into natural phenomena should be cherished, moreover, for the sake of its excellent moral tendency. His- torians, theologians, and politicians, whether of ancient or modern tirries, and their commentators and expounders, are often influenced by human passions and partialities, so as to put theii own construction on facts and events. In such branches the plan of education may be worked for a particular purpose, according to the teacher’s prejudices and views. But, of this there is far less dancrer in the study of nature. The progress of discovery is always improving our theories and foicin . . Printing Accounts . . 0 0 6 0 0 6 0 0 6 0 0 6 Total . . . 13 1 2 8 11 2 14 9 7 13 4 6 8 8 11 8 12 18 4 16 15 2 Remarks. “ This charge is for a scholar; any other undergraduate pays £5. 12s. This is the land-tax. ' This is not a fee, but is paid for lighting the hall at dinner; undergraduates who are not scholars pay a small fee besides. The apparent anomaly of this very large fee (about £100 a year) is explained by the fact that the same servant keeps the kitchen ac- counts. ' No charge made if the barber has not been employed. <■ For regularly cleaning as well as mending the windows. 8 Paving-tax, lighting-tax, and some small payments for University purposes. No charge made except to fellows. On analyzing these accounts the charges may be thus classified ; — — 1839-1840. 1840-1841. 1. Food, firing, and washing, i.e. weekly £. s. d. £. S. d. battells, kitchen and hall fire, candles in hall, and washing bills 33 8 38 11 5 2. Room-rent, furniture, and taxes . . 10 15 4 11 5 5 3. Books, tuition, university dues, oil and 13 14 7 4 10 7 4. Servants 12 5 7 11 0 2 5. Social expenses, i. e. servants’ bills, 17 0 71 grocer, boat-fund 13 0 11 83 17 sh 88 11 24 Add, if not a scholar, tuition . . . 22 8 0 22 8 0 Total .... 106 5 no 19 24 It would not be possible very much to diminish these charges without a complete change of system. They are very high when it is considered that the residence does not extend beyond thirty weeks in each year. But if the undergraduates are to take their meals so much in their private rooms, and to require separate attendance there, provision must be made for much waste and for a large staff of servants. The social expenses, as above stated, are as low as they well could have been made without giving up society altogether. It will be observed that no wine, and consequently no wine parties, are here included : breakfast parties were in fact substituted for them, and no wine was drunk at all. Rev. Frederick Temple, M.A. 126 OXFORD UNIVERSITY COMMISSION. Rev. Frederick Temple, MA. Annual expense at a good College. UlfIVEESITV Extexsiox. Attendance at Pro- fessorial lectures without connexion with College. Lodging in private houses. The evils of it. Graduation after two years. Halls. Probable cost of a Hall. But these were the charges at a very cheap college — the expenses at almost any other would have been necessarily higher, partly because the charges are higher for the same articles, partly because, in spite of the anxious and expressed desire of the undergraduates, at many colleges no weekly accounts are given to the members, and thus they have no definite power of controlling their expenses. It would be well if the attention of the visitors were called to this defect. The great expense, however-, of a University education does not consist in the college charges for board, lodging, and tuition, but in the extravagance into vrhich men are led by the tone of the society. Boating, riding, supper parties, wine, expensive dress and fur- niture, even in such moderation as to appear no more than is positively required by a man’s position, may very easily raise the outlay from 100/. to 250/. a year; and probably very few pass through Oxford without spending 200/. a year or more. 1. Of the four plans suggested in your circular to do away with the necessity for this expense, the last, namely, to admit persons to professorial lectures, and authorise the professors to give them certificates of attendance without requiring any further connexion with the University, does not appear sufficient to remedy the evil, while it is open to obvious objections. It would do nothing for those who desired a University education and not merely a few professorial lectures, and it would tend to encourage a superficial system of study highly mischievous to the real interests of learning. 2. In regard to the second and third, there can be no doubt that a relaxation of the rules which connect members of the University with the colleges would tend to diminish the expense very much. Men lodging and living in the town might of course maintain themselves at a very much cheaper rate than on the scale of the above charges, and might also, by surrendering all society, and wdth it the necessity of keeping up appear- ances, free themselves from most of the inducements to needless outlay. But in the first place, those for whose benefit it was intended, young men who are now kept away by the expense, would certainly be found to require in a greater rather than in a less degree than others the individual attention and the careful drilling which belongs to the tutorial and not to the pi-ofessorial system. In the second place, one of the most powerful engines of education in Oxford is the society. Of that these men, who want it most, would be deprived. In the third place, such a plan would have a most pernicious effect on the morality of the University. The openings to vice are at present the bane of the system. It is frightful to think of the large proportion of the undergraduates who are tainting their minds, not unfrequently for life, with the effects of an impure youth. To prevent this altogether would be doubtless impossible ; but the difference between rendering vice easy or hard of access is immense. It is a duty to protect the weak by putting barriers in the way to evil. This plan would throw all barriers down. Nor would the poverty of those who availed themselves of it be a protection. Rich men would soon be found to prefer the freedom of lodgings to the discipline of college, and it would not long be possible to prevent them from availing themselves of the permission given to others to do so. This plan therefore can only propose to give an inferior education, while it has a direct tendency to injure the moral tone of the University. It does not appear that this inferior- education would be better than the same men could get elsewhere, and the morals of the University ought to be a consideration superior to all others. It should be observed, however, that the last objection loses much of its force as applied to’older men. 3. It has also been proposed to reduce the expenses by permitting men to take their degree after two years’ instead of three years’ study. It is certainly quite true that what is now learnt by the majority of undergraduates in three years might be learnt in two. But knowledge is not education : and it would be a great evil, certainly not compensated by any increase of numbers, if it became the ordinary practice to limit the period of resi- dence to two years : and this would be the inevitable result if the B.A. degree were con- ferred then. In fact the late examination statute has ali-eady done all that it seems advisable to do in this direction by providing an examination with a class list at the end of two years. Men can, if they please, leave at this period ; and if their names appear in the class list, they will have a testimonial of their academical education better than a titular degree. 4. The remaining plan suggested is that of establishing new halls, conducted on a some- what different system from the present colleges. . If a hall were erected for forty students, containing besides offices one room for each (to serve both as a sitting and a sleeping room), a common sitting- room to be open at fixed hours (which might also be the library), two lecture rooms, six rooms for a warden, two rooms for a sub-warden, the expenses would stand thus : — For each Student. £. 5. d. 1. Cost of erection and furniture, £15,000, the interest of which at 4 per cent, would give £600 per annum, i.e 15 0 0 Repairs and taxes 500 2. Food, firing, washing, and servants 30 0 0 3. Warden, £450; sub-warden, £250 ; to act as tutors . . . 17 10 0 4. Books, professorial fees. University dues 7 10 0 £75 0 0 EVIDENCE. 127 The second item might he reduced. The experience of public schools shows that it can be done for even 20/. ;* 30/. would allow of a weekly day of hospitality, on which a given number of undergraduates might invite their friends to dinner, with a dessert, in the common sitting room. If easy access were given to the college libraries and to the Bodleian, the expense of books ought not to be much. This estimate amounts, when compared with the statement given above, to a reduction of 25/. out of 100/. But the real reduction would be very much greater than that ; for the impossibility of having parties in their own rooms would do away with more than half the temptations to expense to which the undergraduates are at present exposed. If the hall were erected, and the warden and sub-warden partly paid from some inde- pendent source, the expense to each student would become — £. s. d. Food, firing, washing, and servants 30 0 0 Warden and sub-w'arden 7100 Books, professorial fees. University dues 7 10 0 £45 0 0 — making the total, including clothes and journeys, about 65/. or 70/. a year. The great objection to this scheme is the cost. But if it be remembered that the col- leges are eleemosynary foundations, there would appear to be no better way of now carrying out the spirit of the founders’ intentions than by requiring the colleges to erect and maintain such halls. “ Poor scholars” are an evil, becaiuse they are placed in a position where their poverty is felt, and is made to tell with a bad effect on their education. “ Poor fellows ” are a still greater evil, because poverty is certainly no qualification for the exercise of authority. But such halls would relieve poverty without degrading it. And after much conversation with men of very different opinions, I have been led to believe that to require their erection would meet with less opposition in Oxford than almost any other measure of reform. To cripple the colleges as places of education would of course be wrong, and any college which could show to the satisfaction of its visitor that its revenues would be reduced by erecting and maintaining such a hall below what was necessary to support ten fellows might be exempt. The appointment of the warden and sub-warden might be left in the hands of the visitor of the college, the details of the arrangements subject to his control. There would be no necessity for making all the halls alike, provided only that care was taken to treat all the students most scrupulously as gentlemen. If it be worth while to educate them at all, it is worth while to give them that refinement and treat them with that consideration which belongs to the educated class in society. To the establishment of such halls by the colleges might be added a licence to any fellow, with the consent of his college, to open a hall in connection with the college. The details might vary from those suited to the case of a tutor having pupils belonging to the college to board with him, to such as would belong to an almost independent society. But in every case the proctors should have the power to close the hall at thi’ee months’ notice, and the visitor of the college should be visitor of the hall. The direct discipline of the University is not faulty in character, but deficient in amount. The villages round Oxford, within a circuit of five miles, require quite as much watching as the town : they are now hot-beds of temptation. A small police force in each and a resident pro-proctor would save very many from sins caused by weakness rather than by wilful vice. But the indirect discipline is very faulty. It is not sufficiently borne in mind how very large a part of education depends upon the external aspect of the machinery. The giving of the lectures in comfortable parlours, without any conve- nient means of taking notes; the giving of fellowships to almost any qualifications rather than academical merit ; the precedence allowed to gentlemen commoners on the ground of wealth ; that given to noblemen on the ground of birth — all this tends to convey the impression that the chief object of the place is anything rather than study ; and young men are ready enough to treat the studies accordingly as secondary to many other pursuits. The distinctions awarded to gentlemen commoners and noblemen are unmixed evils. They are sometimes said, by making the rich men into a class by themselves, to save the poorer from the temptation to imitate them, and to accustom all to the distinctions to be met with afterwards in the world. They do neither the one nor the other. The distinctions are not at all like what are met with in life ; and so far from protecting any from extravagance, they force the gentlemen commoners into expenses to keep up their position, and at the same time set them up as idols for the rest to worship. '1 he force • of this argument is doubled when it is added that, in practice, a certain relaxation of discipline is allowed to accompany the privilege of wearing a silk gown. The studies of the University ought unquestionably to cover a wider range of subjects than at present. The late Examination Statute will do something towards this, but not Rev. Frederick Temple, M. A. Might be built by the richer Colleges. Discipline DEFICIENT IN AMOUNT. Distinctions of Rank. Studies. I beg leave to suggest a reference to the manciple of Charterhouse, who has studied this subject. 128 OXFORD UNIVERSITY COMMISSION. Rev. Frederick Temple, M.A. Need extension. Only effectual mode of this. Special teaching unsuitable to a University. Matriculatiox Examination. Highek Degrees. Rewards and Emoluments. 1. Proeessorships. Professors needed. Mcde of paying them. enough. It will be quite impossible to make either physical or mathematical science flourTsh in Oxford by means of barren honours, if all places of emolument and influence are appropriated to success in classical studies. The honours cannot stand alone. Where the substantial rewards are, there, on the whole, will be the press of competition ; where the competition is, there will be the glory. To remedy this a certain proportion of the fellowships at some of the larger colleges should be assigned entirely to these subjects. It does not seem advisable to put one or two in every college, because there would be no electors; but from 75 to 100 fellowships might be obtained by distributing them in groups of not fewer than six over the larger foundations. Any further alteration in the studies, any attempt to compel either greater specialty or greater generality, a]ipears ta me highly inexpedient. In regard to the first, I cannot but think it an advantage of no small value that the academical studies do not bear directly on the special pursuits of after-life that they tend to form, not a machine for some defined purpose, but an educated man. It is not too much, in a place which is to give the highest education in the country, to assign three years to general cultivation. It has been well remarked that this ‘‘specialty,” which would turn one man into a machine for solving equations, and another into a machine for making pins, is the vice of the day, and to resist this vice is just the duty of a great University. On the other hand, to compel a wide range of subjects of study, to force every man to learn a little mechanics, a little physiology, a little chemistry, whether he has a taste foi’ such pursuits or not, appears to be mistaking the means of education for the end. Such teaching can consist in nothing but the giving of information without any tiaining of the faculties. In fact, the fewer fetters upon the free choice of subjects the better. Force a nran to study by all means, but leave him all possible liberty consistent with tha,t. A man who cultivates a study for which he has a taste will be led to cultivate others in connexion with it, and will in all probability acquire a wider range of knowledge than if compelled against his will into uncongenial paths. The additioir of air examination at matriculation would no doubt have an excellent effect upon the public schools. But it seems questionable whether this is not a matter better left till the working of the new statute has shown how far the change in the time of responsions may not have supplied all that is wanted. To require any examination, whether in the shape of answers to questions, or of an essay composed at home, as a condition of the higher degree, seems very undesirable. Exainr- nations are well suited to young men, but very much out of place afterwards. value of a grown rnair cannot be really tested by an examination it must be tested by his work. Nor would much be gained by the innovation. The practical governors of theUrriversrty, in the long run, are the fellows, and if the best nren were secured for the fellowships there would certainly be no reasorr for requiring a nran to pass an examination in order to become a Master of Arts. Moreover, mere standing does give some title to a correspondrng position, aird it is right that this should be recognised. . The rewards and emoluments are the professorships, fellowships, and scholarships. 1. There are 33 jirofessorships held by 30 men. With the exception of the professor- ships of Divinity, Hebrew, and Sanscrit, itiost of them are so inadequately paid as to be practically useless to the University from the impossibility of securing the entire services of eminent men. Moreover, being founded by different persons at different tunes, do not form a systematic whole ; several subjects of great importance are omitted, such as Latin, Philology, Geography ; and some are needlessly overstocked. The necessity for improving the professorial teaching at Oxford has long been felt. At present the teaching almost entirely devolves upon the tutors. Of these there are o'enerally three or four in each college, who divide the work between them, sometimes making a division of the lectures to be given, sometimes of the pupils to be instructed. Instead, therefore, of receiving in each subject the instruction of one eminent man who ixives himself up entirely to that, the undergraduates have as many teachers in each subject as there are colleges, and each tutor has to undertake several subjects. Moreover, the fellows, from among whom the tutors are taken, cannot marry ; and, in consequence, most tutors are watching for some opening in another quarter. Ihey are rapidly removed, and have not time to pursue their studies far. i i i f • The tutorial system has many advantages, but they are rather to be looked tor in the intercourse kept up with the undergraduates, in the moral influence, in the attention paid to the individual pupils, than in the goodness of the lectures. Ten new professorships would probably be sufficient for the needs of the Univeisi } , while some of those already existing might with advantage be amalgamated, so as to make 36 in all : 500Z. a year, besides what might be obtained from the fe^ of pupils, does not seem more than enough for the office. Ihe four professors of Divuiity, the professor of Hebrew, and the professor of Sanscrit, are sufficiently paid already. Ihe salaries of the remaining 24, at present existing, average, it is believed, ISO/, a year which <^ives a total of 3600Z. To give 30 professors 500Z. a year each, 15,0U0Z. would be needed, or, deducting the 3600/. already in hand, 11,400/.; or, taking the average value of fellowships at 200/. per annum, the incomes of 57 fellowships. The most obvious mode of raising this money would be to appropriate tellowstiips at some of the larger colleges to that purpose. The professors so paid might have the style and privileges, if not the authority in college meetings, of fellows ot the colleges EVIDENCE. 129 which paid them : the head of the college might he one of the hoard hy whom they were nominated. In this way the college would gain the honour of the professor’s name in return for what it was required to give. To appropriate 57 of the 542 fellowships at Oxford to this purpose is not really so great a departure from the spirit of the intentions of our founders as the present system. 'I'hey meant their colleges to he a living part of the University, and not to withdraw from University duties. Magdalen, Corpus Christi, and, I believe, Merton, already contain provisions in their statutes which show that their founders contemplated the discharge of such a duty hy their institutions. Christ Church and Oriel, again, being royal foundations, are at the absolute disposal of the Crown. All these are colleges which could afford, without any diminution of their efficiency as places of education or of study, to appro- priate certain fellowships to the payment of professors. Some might perhaps he maintained from other sources, such as a tax upon all the members of the University. But a heavy tax could not he collected, and would simply remove many names from the books. The present number of members is somewhat more than 6000. It would not he easy to raise 6000/1. a year in this way. In regard to the appointment of professors, the best precedent that has yet been set appears to be the mode adopted in the case of the Savilian professorships. The names of Briggs, Wallis, Halley, Wren, Gregory, Keill, Bradley, show how carefully the selection has usually been made. The Board of electors is the Archbishop of Canterbury, the Lord Chancellor, the Chancellor of the University, the Bishop of London, the Principal Secretary of State, the Chief Justices, the Chief Baron, and ihe Dean of Arches, a board sufficiently independent of the University and of the Crown to be inaccessible to wrong influences on either side, and not such as to tempt undue subservience to gain their votes. Such Boards appear to be the best means of selecting professors ; they might be variously modified, partly so as to introduce persons particularly interested in the special subjects of the professorships to be filled, partly to give a voice to the college to which the pro- fessorship is attached, partly to give some influence to the University at large. Of the other modes of appointment election by convocation appears to be one of the worst : there are fewer objections to appointments by delegates. Besides paying the professors adequately it will be necessary to allow them to retire on full pay after fifteen years’ service. Superannuated teachers who cannot be removed are the bane of all improvement. This will probably require a further sum of 10,000/. a year; but this is a strictly University purpose, and the money should he paid out of a University chest : it might he raised by a tax of 10 per cent, on all the revenues of all the colleges. In the selection of persons for professors it is very expedient that the choice should he quite unrestricted. It would therefore be advisable not to require any theological tests except from the professors of Divinity, and, following the example of the Savilian foun- dation, to leave the chairs open to others than members of the University. A professor such as Liebig would be a real accession of strength, without causing the very smallest danger to the interests of religion. An unwillingness to subscribe a test does not by any means necessarily imply hostility to the doctrines contained in it, and the selection of persons in whom it did would be guarded against by a careful constitution of the Boards of electors. The professors should be required to give a certain number of lectures every year, and not even the present holders of those offices should be exempted from that duty. To prevent the same lectures from being read over and over again every year, all written lectures might be required to be printed at the end of the year in which they w’ere given. It would be very inexpedient to make the professors useful by forcing men to attend their lectures. A professor cannot be a tutor ; he cannot in the least judge who ought and who ought not to come to his lectures ; nor whether a man will not acquire the know- ledge better without his aid. The studious men can judge for themselves on that point ; the idle men are much better left to the control of the tutors. 2. The system of election to fellowships is, above all other defects at Oxford, that whose remedy is most needed and most important. The fellows are so completely the governing body of the University, that, if no other change were made than to throw all the fellowships open and secure that the elections were honest, all other reforms w'ould follow spontaneously. A body of men elected in the interest of learning would be sure, in course of time, to adapt everything to the needs of learning. It is now too late to wait for the results of siich a process ; but the reform of the election to fellowships still remains by far the most important of all the reforms that can be made in Oxford. There are in Oxford 542 fellowships. This does not include the demyships at Mag- dalen, but it does include all the fellowships at St. John’s and New College, and all the studentships at Christ Church, which differ from fellowships elsewhere in being tenable, and to some extent actually held, by undergraduates. From this body of men has to be supplied all the studying and all the educating power of the University — all the professors, all the tutors, all those who pursue learning for its own sake and beyond the needs of practical life. Out of this number only 22 are in such a sense open that a young man, on first coming up, sees his way clear towards them with no other bar than may arise from his own want of talents or diligence. 3S Rev. Frederick Temple, M.A. College Revenues. Best mode of appointment. Retiring pensions. Tests to be abolished. Restrictions on Fellowships. The great reform, needed herein. Of 542 Fellowships, only 22 are open. 130 OXFORD UNIVERSITY COMMISSION. Rev. Frederick Temple, M.A. Immense evil* of dose Fellowships. Restrictions of Birthplace and Founder’s kin. .Jesus College a possible exception. New College. Christ Church and St. John’s. Pembroke. Poverty. Orders. The rest are almost all restricted to — 1 . Persons born in particular localities. 2. Founder’s kin. 3. Persons educated in particular schools. The only fellowships not so restricted are 10 at Balliol, 12 at Oriel, and 61 at Christ Church, and the latter are practically close, being in the gift of the canons in rotation, who treat them very much as private property. The effect of these restrictions is most mischievous. Men who are naturally w^il nttm to be country clergymen are bribed, because they are born in some parish in Rutland, to remain in Oxford as fellows until they are not only unfit for that, but foreverythmg else. The interests of learning are intrusted to those who have neither talents nor inclination for the subject. The fellowships are looked upon and used as mere stepping- stones to a living. A large number of the fellows live away from the place, and thus in reality convert the emoluments to a purpose quite alien to that for which they were in- tended. On the other hand, the undergraduates suffer a double loss; first, in bemg deprived of the legitimate stimulus to study, and, secondly, in having their instruction intrusted to an inferior body of men. . i j i The restrictions to birthplace and founder’s kin should be abolished altogether : they correspond now to nothing real. The fact that a man is born in Yorkshire hardly makes him more a Yorkshireman than if he were born in Devonshire. Some acc^^nt may change his abode, and with it all his associations, before he is three years old. The fusion of the whole country, which has been long creeping over it, and has now been completed by railways, has almost done away with county feelings. It was once a matter of much moment to change a man’s abode across fifty miles ; it is now a comparative trifle to move from one end of the kingdom to the other. n ,,, r j The same has happened in regard to founder’s kin. ’While the memory of the founder was fresh in the mind of the nation, his kindred were in some way marked out, and thoughts of him may have often been called up. But now it has become a matter ol the merest accident, and the lucky kinsman certainly does not devote many thoughts to the memory of his founder. , , Both these restrictions should be abolished altog^ether. The only case that can plead for exception is the claim of Wales upon Jesus College. But it is a question whether Wales would not gain more by improving Jesus College and sharing with the rest of the University, than by keeping Jesus College close. At any rate, residence for six years consecutive, and not birth, ought to be made the title. c • c ‘t. The restriction to particular schools does not stand upon the same looting, tor it cannot be said to be unreal. -kt n The most important cases of this restriction are the fellowships at New College, con- fined to Winchester School, most of those at St. John’s, confined to Merchant laylors School, and 40 studentships at Christ Church, confined to Westminster School. The most natural way of dealing with New College would appear to be— 1. To divide the fellowships into fellowships and scholarships, in the proportion ot 6 scholars to 2 fellows, the former open to boys under 19, and tenable till 25; the latter open to Bachelors of Arts. n j 2. To abolish the preference to founder’s kin and the distinction between college and commoners, and to open the scholarships to all, whether coming directly from thence or not, who had been two years at Winchester School. o i. i j j 3. To open the fellowships to all who had been two years at Winchester School and had afterwards graduated at any college in Oxford or Cambridge. In this wav the evil of the restriction on one side would be compensated by inore than usual absence of restriction on the other. If ten of the fellowships were assiped to physical and mathematical science, this would be sure to lead to a connexion ot the very best kind with the sister University. The men thus introduced would come among old schoolfellows, and would rapidly amalgamate with the rest of the college. . , The 40 studentships of Christ Church and the fellowships at St. John s might be treated is the same way : the latter could be opened to all schools within the City of Lradon. With regard to such restrictions as that of the fellowships at Pembroke Col ege o Abingdon School, they might be turned to exhibitions, a certain percentage being deducted and given to the college. In no case should such a school be empowered to claim a fellowship or even a scholarship. Exhibitions are obviously not so mischievous. To the three restrictions above mentioned must be added three of minor importance poverty, celibacy, and holy orders. i, Of these, poverty has been practically dropped in most cases, and should now e s u out of the statutes. It is retained only in the form of a restriction upon the possession of real property, an absurd and useless relic of feudalism. II a rich man is naturally fitted to be a fellow and willing to undertake the duties, he should be allowed to do so. lo appoint poor men to fellowships because of their poverty, is like electing a man to be a schoolmaster in order to keep him off the rates. . , i j The requisition to take orders, though possessing many great and obvious advantages is carried too far. Half the fellowships should be tenable by laymen : more than halt would even then, in all probability, take orders, but it is desirable to avoid the ve y mischievous temptation to take orders at present held out to men who have tion for it, besides that some men, extremely well fitted to be fellows, are now debari^ by scruples of conscience. It would be unnecessary and unwise to relax this restriction m . EVIDENCE. 131 The number of clergy among the authorities gives a kind of steadiness and respectability Rev. Frederick to the University which nothing else could give : and this alone is a real and great ad- Tem ple, M .A. vantage, to say no more. It would not be advisable to permit the fellows to marry. It would be impolitic to Celibacy, encourage a great number of men to remain in the University all their lives upon the income of a fellowship and the proceeds of private tuition ; and 36 professorships tenable for 15 years would give on an average three vacancies a year, cjuite openings enough to those whose natural vocation it might be to pass a life of study. One more restriction must be mentioned, the disgrace of the University, namely, the Electiona by favour, interested elections and nominations. Perhaps this might be checked if, immediately after each election, every elector were required to make a solemn declaration that he had voted for the man whom he believed best qualified. Lastly, it would be expedient to put a stop to the present abuse of fellows drawing their incomes from the University and living altogether away from it. Every fellow ought to be required to reside six years out of every ten. Four years would allow time for travelling, for trying other callings, and detennining on a course of life : the rest ought to be devoted to the direct duties of the office. The various changes proposed, taxing the revenues for professors’ retiring pensions, requiring the colleges to open new halls, &c., might diminish the income of the fellows below the amount fairly required for the duties. To meet this every college might be allowed the power of diminishing the number of its fellows by not filling up vacancies, provided always that no fellowship should be allowed in any case (taking in dividends, allocations, and all other emoluments) to exceed 2501 . a year. Such a diminution of the number of the fellowships woidd not be an evil, but a very great advantage. There are now 45 vacancies every year: there are certainly not 45 men produced every year fit to be fellows. At present this is not so plainly seen, because so many fellows live away, but if residence were enforced it would be perceptible immediately. It should be remembered that beyond other walks of life that of a student requires a special vocation, and to retain men whose vocation lies elsewhere is not merely not beneficial, it is mischievous. 3. The remarks that have been made upon the fellowships apply, though in a less Scholabshifs. degree, to the scholarships. There is the same reason for abolishing altogether restrictions to birthplace and founder’s kin. Scholarships belonging to particular schools might be opened to all who had been for two years at those schools, and at the same time turned into exhibitions in order that the scholar’s gown might remain a real mark of honour. It would be very desirable largely to increase the number of open scholarships : there are no foundations more really useful, and the University, so rich in fellowships, is very poor in these. If scholarships were attached to the halls proposed above, they would be, by the nature Attached to Halls, of the case, confined to a poorer class, and yet without making any invidious distinction. In all cases it is most important to forbid scholarships to lead to fellowships, ft is extremely hurtful to give young men, on first coming up, a pi'ovision which makes all future exertion unnecessary. Nor does it seem advisable even to allow a caeteris paribus preference to scholars standing for fellowships in their own college : a preference will be given involuntarily by the turn of the examination, and it is not advisable to add to this preference. To show how marked that preference is, it may be observed that at Balliol, where ten of the twelve fellowships are quite open to members of other colleges, eight of the ten are filled by former scholars of the college. The measures above proposed would be called a violent interference with the Founders’ wills, and it seems right to indicate the grounds on which they can be justified. In the first place, without touching on the general question of the right of the State to interfere with private property, it is plain that property left in trust cannot be considered as on the same footing. The law interferes with no bequests to individuals; the law has always interfered with bequests in trust for special purposes. If such a bequest be “contrary to public policy,” the Court of Chancery will disallow it. What great difference is there between a man’s leaving money in trust always to maintain one of his own descendants and founding a fellowship always to be given to one of his own kin? The law forbids the former ; why should it permit tlie latter ? Still further, the colleges do not even stand on the footing of private trusts. They were founded as parts of the University, and must be subject to whatever is for the interest of the University. By virtue of their connexion with the University they obtain a certain position in the nation ; by virtue of the same connexion they are liable under certain Interference with Founders’ wills justified. Colleges not private trusts. contingencies to interference. Again, the proposed change is really nothing to the change that has already taken Present system as place. Nothing could possibly be further from the founders’ intentions than the present different from the system. They meant the fellows to be resident. A large proportion hardly ever come ^ near the place. They meant the fellows to live a strict and severe life. The comfortable conceived, common-rooms and 200/. a year do not represent that. They meant the fellows to be bona fide students. Nothing could be more absurd than to call the present body such, except, perhaps, an endeavour to compel them to become such. In fact, it could hardly be possible to imagine a greater contrast than that between the ideal present to the Founders’ minds of a poor hard-working student of theology, copying manuscripts, dis- puting in the Schools, living a life of monastic severity, and the fellow as he at present 132 OXFORD UNIVERSITY COMMISSION. Rev. Frederick Temple, M.A. Colleges now con- stitute the U ni- versity, and must be dealt with accordingly. Summary of reasons for inter- ference. This reform the primary one. T HE Constitution. exists, with his comfortable rooms, liberty to roam over the world, and 200Z. a year with nothing to do for it. All that subserved private interests has been retained; all that conduced to public benefit has been given up. It is foolish to reply that the true reform is to restore that severe system which the Founders contemplated. The monastic system cannot be restored. The one thing that could be enforced is the residence, and to enforce that now would be more mischievous than the present laxity. If fellows are to be elected as they are now, their idleness is less hurtful than would be their attempts to study, and their idleness away from Oxford than their idleness in the place. The fact is that the Founders aimed at several objects which they believed to be com- patible with each other. They aimed at creating a body of real students, at connecting study closely with religion, at assisting the education of the poor, at benefiting their own families or certain localities and schools connected with themselves. Their belief was that any man who was willing to study might be made into a student. And if this were so, there was no reason why those who were to be made into students should not be selected for their poverty or their birthplace or on any other principle of choice. But experience has very plainly shown that it is not so. To be a student requires a natural vocation more than any other kind of life, for more than any other it tends to isolate a man from his fellows, and there are few who can bear that. The result is, that in the attempt to realize some of the objects contemplated by the Founders Ave have quite lost the most important of all. And this incompatibility, which always existed but was not always perceived, has now by the change of times and circumstances become glaring. There can be no question that the local stimulus of rewards confined to special birthplaces did much then to encourage learning ; but we have now outgrown the need, and only feel the fetter. The change of manners too has deprived us of the check Avhich once restrained idle men from undertaking what Avas then a laborious life. But lastly, it must be remembered that the colleges Avere founded one by one, and Avhat might be borne in each separately becomes intolerable in so many together. Each Founder thought of his oavii college as a small body in the midst of a large one. The University Avas strong enough to hold its own course, and the rules AA'hich governed a single college Avere of importance only to itself. The influence of the University too upon the college Avas very great ; and if the college statutes did not tend to the advance- ment of learning, the atmosphere of the yilace neutralized much of their mischief. One after another the colleges Avere founded, Avithout its being perceived that they were ab- sorbing the Uniy'ersity. Gradually, as the fellows became more numerous, the body of independent masters dAvindled away ; and the halls died out before the colleges. Laud sealed the victory of the latter by forcing all the undergraduates Avithin their walls : but Laud only systematised Avhat was already done. The felloAvs had become, and have ever since remained, the practical rulers and teachers ot the University. The college statutes haA'e thus become statutes of the University ; the college foundations have become insti- tutions of the University ; and in common justice their new position subjects them to principles of interference not contemplated at the outset. In short, a literal interpretation of the Founders’ Avills has become a mere superstition. To secure the great object at which they aimed, the advancement of learning and religion, is a duty. To seek it by means which are uoav found not to reach it, or to tie it to conditions which are noAv found to render it unattainable, is absurd. To make the changes proposed above is not an interference Avith private property, for the property is not private ; it is not the betrayal ot a trust, for the trust Avas essentially conditional ; it is not a departure from the intentions of the founders, for it only gives up a secondary object when no other way remains to secure a primary : and it is demanded by common justice, for the colleges are now injuring the University, under Avhose shelter they were meant to live. Of all the reforms to be made at Oxford this appears to me the vital one. W^ithout a thorough reform here, all other reforms are as likely as not to be mischievous, for the skill to use them will be Avanting. With a thorough reform here, all others become of less importance, for they are sure at last to follow. No corporate body is really reformed till its ablest men are put at the head of it. The felloAvs have become the head of the University and capnot noAV be dislodged. The nation is bound to see that they are the ablest men Avhich the Univ'ersity can supply. W hen this is done there Avill be some meaning in the cry for “ internal reform : ’ till then, any real reformation from Avithin is impossible. The supreme poAver in the University is practically lodged in two bodies, the Heb- domadal Board and the Convocation. There is a third body, called Congregation, once apparently of some importance, now of very little. The Hebdomadal Board consists of the Heads of colleges and halls, and the Proctors ; the Convocation, of all Masters of Arts or Graduates of the higher degrees who have kept their names on the books. All measures are prepared by the Hebdotnadal Board. They are then submitted to Convocation, Avhich approves or rejects, but cannot make amendments. The Vice- Chancellor singly, or the tAvo Proctors conjointly, can forbid a measure to be submitted to ConA'ocation, even after it has passed the Hebdomadal Board. The two bodies together are supreme in regard to the University, except over Avhat are called the Caroline Statutes, which cannot be altered or repealed Avithout the consent EVIDENCE. 133 of the Crown. The three which are usually understood to be indicated by this name are not of any importance. Of these two bodies, the Hebdomadal Board and Convocation, it is not too much to say that each looks on the other as the great obstacle to all real improvement. The Convocation includes a great number of Masters who have long ceased to reside in Oxford or to keep up any close connexion with it. These are, of necessity, very little aware of the changes that may be required ; and it is not surprising that, when sum- moned from the country to vote, they should be somewhat impracticable. The evil has, however, to be weighed against a great gain. It is no slight addition of streno-th and dignity to the University that she thus spreads over so wicle an extent of country, and any change would do mischief that robbed her of this j and it is undeniable that in the long run the residents lead the non-residents. The Hebdomadal Board, as at present constituted, has the same defect, without the same advantages. The Heads of houses, equally with the mass of non-iesident IN^asters, are generally men who have long ceased to have anything to do with the great business of the University. They live much together, and know little of the changes going on in the lower academical ranks. With very few exceptions they never lecture. They may perhaps be aware of nny change in external manners, but with the cuirent of thought and opinion they cannot be acquainted. They may be very fit to legislate on points of discipline, but what will best promote the studies of the place they cannot know except by hearsay. Hence their measures seem partly developed out of some clever but unsuit- able theory, partly fettered by the fear of some unseen danger, partly put together out of scattered and inconsistent suggestions. They complain that Convocation is imprac- ticable. The reason has been mentioned above. Yet perhaps, if the Hebdomadal Board had better means of finding out what was really needed. Convocation would not so often reject their proposals. There is not the same reason against change in this case as in the other, and the reform is both obvious and easy. All that is needed is to introduce the Professors and some delegates from the Masters of Arts. Such a body would very nearly correspond to the present Congregation, but it would be too large to work. A fixed number elected by the whole body out of each of its three component parts would form a board combining many advantages and realising all that was needed. It does not seem advisable to give independent Masters a right to move amendments. Amendments that could not find an entrance through either the Professors, Delegates, or Heads, would better wait. An aristocracy, after all, and not a democracy, is the right form of government for a body whose object is education. The powers of the University seem sufficient for its needs. The restriction in regard to the Caroline Statutes is useless, and should be abolished. And perhaps it would be well to require an approval by the University as a condition of the acceptance of any future endowments by a college. It would not be right to allow any authority less than Parliament to deal with endowments already existing. Reo. Frederick Temple, M.A. Convocation. Hebdomadal Board. Proposed Heb- domadal Board. It is not enough to provide for the present. It is necessary that steps should be taken Future working. to prevent a recurrence of the evil. A body like the University of Oxford, away from the metropolis and the focus of political action, is ]ieculiarly liable to fall behind the day. To prevent this, public opinion should be brought to bear upon it ; and this can only be done by the visitors. The colleo'es are at present subject to the visitation of Visitors appointed by their Visitation of respective statutes. The Crown is the Visitor of the University, and of several of the Colleges, collefres as well. The visitation of the Crown is always exercised by the Lord Chancellor. The powers of the Visitor are ill defined, and seldom exercised, except in appeals against a college either by members of jt or by other persons. There can be no doubt that many abuses might have been checked, had the visitations been regular. It would not be advisable to remove the present Visitors. Such a change would not be necessary, and unnecessary changes are evils. If all the Visitors were constituted into a board, under the presidency of the Lord Proposed Board of Chancellor as representing the Crown, this board would consist of the Lord Chancellor, 'sdois. the two Archbishops, the Chancellor of the University, the Earl of Pembroke, the Bishops of Winchester, Exeter, Lincoln, Oxford, and Worcester. To this board might perhaps be added the Chief Justices, the Chief Baron, and the principal Secretary of State. Each Visitor might then be required to visit the college or colleges intrusted to his care once in two years (personally, or by commissary), and to report to the board. If any Visitor neglected to report within three months of the time fixed, the Lord Chancellor should be empowererl and required to act in his place. The form of Report would be drawn up by the Board, and the Reports themselves would be published. Miscellaneous Remarks. There are a few points of not perhaps equal importance, on which I beg leave to submit a few remarks : — 1. I should suggest the expediency of taking steps to form a LTniversity Fund for mis- Fund for mis- cellaneous purposes. Such a Fund might be spent in procuring occasionally the services cellaneous pur- of very eminent men as extra professors, when there did not happen to be a vacancy to offer them in the ordinary course. To a University it is of the highest importance to 134 OXFORD UNIVERSITY COMMISSION. Hev. Frederick Temple, M.A. Libraries. Procuratorial t!ycle. secure the presence of the great teachers of the day. A Fund is also needed for the erection of University buildings when required. Such a Fund would also enable the University to encourage researches in physical science, which were too expensive for private individuals. . i i 2. I should also suggest that the Bodleian and College Libraries might easily be rendered more useful. A good reading-room, properly warmed and ventilated, w'ould greatly improve the former ; and printed catalogues, sold at a cheap rate, would much facilitate the use of the latter. 3. The present Procuratorial Cycle is not satisfactory. The proctors are too otten not enough acquainted with the actual working of the University. The rotation is not quite fcllIT It would probably be better if they were elected by the tutors, who are, above all other members of the University, charged with watching over the discipline. 4. The system of private tuition is a cause of needless expense to very many ; but, at the same time, its etfects are often undeniably good. I do not think it can be set right by any direct remedy. If the college tuition and the professorial lectures were what they ought to be, it is probable that much of the private tuition would die out. I would observe, in conclusion, that if I have availed myself largely of the permission contained in the last sentence of your circular, it has been done for the motive there suggested. I have the honour to be. Your obedient servant, F. TEMPLE. E. A. Freemcm, Esq., M.A. Legislative POWERS OF THB University. 1. Its independence as a Corporation. 2. Its actual con- stitution. Convocation. Answers from Edward Augustus Freeman, Esg., M.A., late Fellow and Rhetorical Lecturer of Trinity College. 3. The power of the University to make, repeal, or alter statutes. This question appears to involve two principal considerations, — First, the general aspect ol the legislative power enjoyed by the University as an independent Corporation; and, secondly the particular internal mode in which that power is exercised. First. The power of legislation vested in the University appears to be merely an instance o the right enjoyed by all Corporations to make bye-laws binding upon their own members, it being simply understood that such regulations should not contradict the known laws of the land. That the right is in this case exercised with greater formality and circumstance, is only the natural result of the antiquity and dignity of the Corporation in question. Without denying the abstract authority of the Legislature to interfere in this or in any other respect, it is evident that, unless some very strong case can be shown, any violation of this privilege would be an act of extreme hardship and injustice. The legislative independence of the University has also the great advantage of preserving a stability of character not too dearly pur- chased by a certain amount of slowness of action. The University, as now constituted, while fully open to the influence of clearly pronounced public opinion, is not directly affected by the fluctuations of political party, as could hardly help being the case with any body more closely allied with the State ; and is therefore able to persevere in a course^ of steady sell-reform, adapting itself to real changes of circumstances in the Church and nation, without implicitly yielding to the mere outcry of a moment. The object of any changes in the legislative consti- tution should be to combine these two objects, to make it, if necessary, still moie open to the declared and enlightened voice of the country, and, as little as possible, implicated in mere temporary disputes, such as the policy of particular Administrations. Secondly. The actual constitution of the legislative body seems open to many objections ; some changes in it w'ould probably both generally improve its character, and particulaily con- duce to maintaining the particular tendency just definedi This resolves itself into two questions; (1.) The constitution of Convocation itself; (2.) The powers assumed by the Hebdomadal Board. (1.) The objections often made to Convocation as a “ mob, &c. seem to have practically no weight, or, at all events, apply merely to its elective, and not to its legislative, functions. In most cases the work of legislation is done by a small body of persons very well qualified or the purpose. Such a case as the degradation of Mr. Ward, when advantage was ta.ken o a theological excitement, to make Convocation step out of its legitimate spheie, is no fair excep- tion. The most important legislative work of late years, the new Examination Statute, was executed by very much smaller bodies, consisting almost entirely of residents, and or t e ew non-residents who had given special attention to the subject Yet it is equally clea,i that a meeting of all persons entitled to vote, would have been, both by its numbers and ctiaracter, very unfit to entertain such a question, on which many of the legislators vvould have been tar from qualified to pronounce an opinion either way. Still, I am strongly of opinion, t lat the difficulty, not being a practical one, may be left to right itself; but a suggestion bearing on it will be found in my answer to a subsequent question. (2.) By the present constitution, the Convocation is only capable of entertaining such ques- tions as are proposed to it by a Board consisting of the Vice-Chancellor, Heads of Houses EVIDENCE. 135 and Proctors, and is only allowed to affirm or reject the propositions laid before it without, power of amendment. This power, in the extent to which it is now carried, is believed by many persons skilled in University law and antiquities to be an usurpation. Without entering into this question, which would require a research for which I have no opportunity, I will make some remarks on the abstract expediency of the system, as a political constitution. That some preliminary board in legislative matters is absolutely required hardly needs to be proved ; otherwise there would be no end to the questions raised by individual members. And, though I should be inclined to concede in any case the right of amendment, I think it very desirable that some such Board of Trp6j3ovXot should have the sole right of making an original substantive proposition to Convocation, it being understood that suggestions made to the Board by individual members should receive due examination. But the Board, as at present composed, seems open to great objections. It is one rather adapted for executive than for legislative purposes. To carry out the general internal discipline of the University, the three executive officers of the University itself, and the principal officer of each College, may be considered a very appropriate body ; but inany objections seem to lie against their exclusive possession of the initiative in legislative proceedings. The qualifications of a Board of 7rpo/3ovXot would seem chiefly to be a relation of independent responsibility to the larger body of which they form a Committee, (similar to that of a member of Parliament to his constituents, or of a minister to the Parliament,) and an incapability of forming a clique, or in any way possessing feelings and interests alien from those of the University at large. It is clear that these requirements are not met by the Hebdo- madal Board, which forms an oligarchy in very nearly the strictest sense. Its members are appointed for life, and are therefore irresponsible ; they also form practically a distinct rank, socially and politically, having but little interchange of sentiments with the University at large. Such, without imputing blame to individuals, and indeed, allowing for frequent individual exceptions, is the natural tendency of a body of this kind. New members of a permanent body, entering, as they do, singly, can have but little influence ; unless they are men of unusual energy and originality of mind, they naturally sink into the routine which they find already existing. Consequently, the presence of two annual and independent members, in the persons of the Proctors, can be, in ordinary cases, but of little practical benefit. An independent responsible body, while it would better insure a policy in accordance with general feeling in the University, would also probably be more open to legitimate, and less to ille- gitimate external influence than the Board as at present constituted. It cannot be denied that the natural tendency of an oligarchical body is to ignore opinion external to itself, and to oppose all innovation. Its normal condition is one of simple conservatism. On the other hand, the individual members of the Board, persons placed for life in a conspicuous position, are far more open to influence in the way of ministerial favour, &c., than temporary members taken from the mass of Convocation. The Board also itself, from the very circumstance, in some measure, of its natural aversion to change, is more open to be influenced by a popular outcry for some sweeping alteration, which more moderate reforms at an earlier period might have obviated. Its tendency is to postpone change till it is forced upon it ; in short, to diversity a normal state of quiescence by an occasional state of revolution. Certainly an elective and responsible Board would usually contain an element of life favourable to constant, moderate reform. New members also of a Board periodically renovated, would find themselves in a more independent position. Above all, they would represent the real feelings and wishes of the legislative body itself. Questions of detail, as to the number, mode of appointment, duration, &c., of such a Board, are of minor importance, if the principle itself be allowed. So as the Board be responsible, periodically renewed, and not confined to any particular class in the University, I am inclined to think they are very nearly indifferent. Perhaps, to avoid the evils of frequent public elections, to appoint some periodically renewed officer of each College would practically answer best, though such a scheme is open (in common with the present system) to the theoretical objection of confounding the University and the Colleges, and of throwing exclusive power into the hands of members of foundations. But in any case, I am strongly of opinion that the right of amendment should be restored to Convocation, confining the initiative to the npojiovXoi. The present system places Convocation in the awkward position of being obliged to accept entire, or to reject entire, measures whose acceptance in a modified form would be thought much more desirable than either. A measure, whose principle is approved, may be rejected on account of faulty details, or faulty details may be accepted, if the general principle be approved. The necessity of every measure, any essential portion of which is rejected, going back to the Hebdomadal Board, necessarily introduces a clumsy and tedious mode of proceeding; a measure once rejected, m.ay be proposed again and again, and, perhaps, at last be carried through by sheer weariness. For instance, the new Examination Statute was produced in four shapes, and carried piecemeal ; probably at every stage no one was exactly satisfied, but voted for or against some portion as the least of two evils ; had the right of amendment existed, it might have been carried, in a modified form, at once. I may certainly assert this of one stage ; I strongly objected to the details of the Modern History School in its last form. The principle had been affirmed, so it was merely a question of detail ; had it been open to me, instead of endeavouring to throw it out entirely, I should certainly have moved an amendment ; I know that several members of Convocation shared my objection, but thought it better to let it pass, faulty as they considered it, than to have the whole controversy raked up again. These persons would doubtless have supported an amendment, which would have been far more satisfactory than either of the two extreme courses which were our only alternatives. E. A. Freeman, Esq., M.A. Hebdomadal Board. Wants new elements in it. Power of amend- ment in Convoca- tion. E. A. Freeman, Esq., M.A, The Vice-Chan- cellor. The Proctors. Procuratorijil C-ycle. Matricdlation E.XAMINATION. 136 OXFORD UNIVERSITY COMMISSION. I said that I thought it advisable that this right should be restored, whatever be the consU* tution of the preliminary Board ; but it is doubly necessary with one constituted like the present. 4. The mode of appointing the Viee-Chancellor and Proctors. The Vice-Chancellor is, in theory, nominated by the Chancellor from anaong the Heads of Colleges, and submitted to the approval of Convocation. Practically, he is appointed, by a certain modified rotation, from among the Heads; and the right of Convocation to rejpt a nominee has been of late years denied. This is generally held ^ fact that it was found advisable to alter the popular statement m the Oxford Calendai into conformity with the present practice certainly has a suspicious air. Were this right restored (simply as a safeguard against the possible case of an objectioimble appomtment), I see nothin^ to complain of in the present system, except that, perhaps. Heads of Halls rmgh b advantageously made eligible for the office. It is certainly desirable to confine it to Heads of Societies. ExLpt in the case of persons like Canons of Christ purch, and some of he more eminent Professors, (a class, the difficulty of defining which would be an there would be a great difficulty and awkwardness in a subordinate member of a College b i g the resident Head^ of the University. The Headship of a College may also be re^so^bly conceived to be the best preparation for the practical Headship of the University. No o see any obiection to the system of rotation. Election, practically carried out, among a ^mall body, fo invidious; and the office of Vice-Chancellor does not seem to be «"^^lmbftsT^ areat personal qualifications ; not much beyond that gentleman y demeanour, those habits of business, integi^- and common sense, which may be reasonably looked for Head of an Acaclemical Society ; but against the possible absence of which the veto of Con o- cation oimht to be allowed to remain as a safeguard. The appointment oHhe Vice-Chance loi for four years by annual re-election, and the system of a shorter term would remove an officer as soon as he was well accustomed to his office a longer one would not give, as at present, each Head a reasonable prospect ot succeeding to the place The annual rl-election should be retained, as giving both to the Chancellor and Como- Ltion the power of removing an objectionable Vice-Chancellor at the end of his year, in any case calling for so extreme a measure. ,. Much of what has been said with regard to the appointment of the Vice-Chancellor applies also to that of the Proctors. These are appointed by private elections in each College, the several Colleges having their turns according to an elaborately calculated cycle. Ihe elections have practicall? become a matter of rotation, the appointment being genm-ally given to the senior Fellow (of the specified standing) on the foundation vvtiose turn it is. Practically, there seems no objection to this system, though ol course theoretically it is, the appointment of the Vice-Chancellor, a corruption. Like that office, the Pioctorship a \ foi a certain tact, on which it might perhaps be difficult to reckon beforehand-seems to require only average qualifications;* so that its appointment maybe fairly left ot or rotation, preserving of course the power at present existing of rejecting any positively objfoctionabfo confine to the general system of appointing by a cycle. The cycle, as it at prescmt exists, clearly stands in need of reform. The only principle oyvhich it goes seems^to be the actual number of members of the foundation ot each Colleae, which is certainly no guide even to the proportion of resident members, far less to the general importance Ld esUmatmn of the College in the University. Consequently a very undue nunffi o turns is aiven to Colleges of very little repute, and even consisting of very few resident members! while some ofthe most frequented and distinguished have extremely tew. A reform of this would be both very desirable iu itself, and would also obviate the only objection of any force which I have found brought against the present system of appointing Examiners. 5. The government of the University, and its relation to the Colleges, &c. I have considered the most important heads of this question in my answers to the two preceding ones. 7. The expediency of an Examination previous to Matriculation, &c. I am decidedly of opinion that a public Examination in the University, previous to Matri- culation, which I conceive to be suggested in this question would be expedient in the highest degree. At present there is no certain standard of admission to the ordinary membership of the University, it being left to the discretion ot each particular College. In some the . a culation Examination is a reality, in others it is little nmre than nominal, that a pel son rejected bv one College may obtain admittance in another. An uniform standaid m this respect, as in every ofher, is surely desirable, and that one much higher jhan ^ Pre^^^^^^ average; one, I should be inclined to say, very nearly as high as the ordinary ded. per week Kitchen-fire, candles, gas, and other contingents Charge for Bursars and Servants (including all gratuities) University taxes Deduct. — Excess of Room-rent above 11. „ Pastry „ Cheese s. d. £ s. d. 0 0 11 0 7 0 15 2 0 3^ 0 7 7 0 3* 0 7 7 0 H 0 7 7 3 6 4 0 11 0 5 0 11 0 If 0 3 9i 0 0 11 4h 1 9 2 5 6 0 5i 0 11 4h 0 2 0 4 4 0 3i 0 7 7 0 0 7 7 0 3i 0 7 7 9 73 . * 4 12 10 9| 22 8 0 . 10 10 0 2 18 6 2 16 6 12 16 9 • 1 6 2 ^65 6 10 0 5 6 11 4i 6 6 1 1 1 £58 19 10 Even with these moderate charges, there would be, according to the present retail market- price of things, a profit of 20 per cent, on bread ; 14Z. 5s. 9>^d. per cent, on butter ; 33|- per cent, on beer ; and 33.^ per cent, on cheese, (to say nothing of the kitchen department, in which there should be a profit of nearly 100 per cent, on potatoes alone,) and according to the last year’s consumption in my College, these profits would have been, at the prices above — On Bread Butter Beer Cheese £ s. d. 27 14 6 21 1 6 55 15 9 6 6 4 £110 18 1 Although all articles of food should be furnished at the lowest possible price, yet it must be at a saving price, and this necessarily causes some profit; e. g., if a quartern loaf cost bd. to sell the i of it for \d. is a loss, and to charge ^d. for it produces a profit of \d. per loaf. But these profits, kept as low as possible, I would return to the members of the College every quarter, by using them to abate the charges for servants. Of course, as the members of a College increased, the expenses of each wouldjproportionably diminish, because very nearly the same establishment which is required for 85 men, would suf- fice for 120 ; and the divisors would be more, besides that the profits would be larger in amount. The system by which 1 would work the economy of a College is this. Abolish all profits to servants. This I am certain is the beginning of all improvement in the matter. Pay them fixed salaries. Require the Butler and Cook to make their charges to mernbers of the College for commons cover the tradesmen’s bills in each department, and exhibit a jjrofit (in some cases, a stated profit) besides. If there be a deficiency they must make it up; if there be a surplus they are not to benefit by it. But to prevent this from being effected by over- charges, let there be settled and made known to the young men a minute lariff of charges, putting things at the lowest remunerative price : e. bread is now bd. the quartern ; let a Rev. Henry Wall, M.A Abolition of profits from servants. 146 OXFORD UNIVERSITY COMMISSION. Reo. Henry Wall, M.A. Extravagance out of College. Modes of repressing it. By opening the U niversity to other classes. University Exten- sion. New Halls. Objections. quartern be divided, as it is with us now, into eight breakfast commons, and three farthings charged for each ; let the charge for a Commons of meat (6 oz,, cooked) be the market-price of a pound. Besides this, let there be sent in to each member, at the end of every week, a bill of his weekly expenses, distributed in different departments, and stated enough in detail to enable him to verify them. If there resulted any considerable surplus of receipts above expen- diture, it would be a proof that such and such charges were too high, and the College, having thus a knowledge of ivhat it is ignorant of upon the system of prof ts to servants, woukf be able to diminish the charges in proportion to the surplus. Still, although I think that College expenses could and should be so reduced as to enable a poorer class of men than at present to go through a College residence, if they pleased, in the rank of gentlemen, without attracting attention to their economy ; no such reduction could bring the expenses low enough to be within the reach of a large class of persons for whom the University ought to be a place of education. As to the- means of restraining extravagant habits out of College I confess myself at a loss. The difficulties are considerable, remembering that we have to deal not with boys but young men. A plan will be suggested to the Commissioners by Mr. Jowett. It is very good, I think, as far as it goes, because it would have the effect of bringing a young man’s bills before him once a year at least, and would deprive the tradesman of any ground of complaint if his bills were not paid as often : and this is a great deal. Still even though debts were made legally irrecoverable if tradesmen omitfed the opportunity of successfully requiring payment, one cannot but be certain that there would still be a number of debts of honour. The fact is that the cause of the idleness and extravagance of the Universities lies out of the direction of any sumptuary laws of the Universities, or even of any Parliamentary enactments about debts. Why are the great majority of young men sent to the Universities? Precisely for the same reason that, at certain periods of their life they were breeched, then put into a jacket, then into a coat, and that when they leave the University they will go abroad. It is part of a routine. They are sent to the University — -not because they are fit for it; not because they want to benefit by its libra- ries and its lectures, but because it is a part of a young gentleman’s course — it is the usual thing to do — it is respectable. As long as this is the prevalent view about the University of the young men who are sent, and of the parents who send them here, (a view which, I regret to say, both University and College authorities have done much to encourage) idleness and extravagance will never be checked. To correct these evils with any beneficial effect (and of course the object is not merely to check idleness and extravagance, but to create useful labour and econo- mical habits in their stead) we must make study, and not amusement, the law of a University. And this, I think, may be effected. First, in a minor degree, by the enforcement, on the part of University and College authorities, of existing Statutes against time-occupying and expensive amusements. And secondly, but most successfully, by opening the University as wide as pos- sible ; by allowing persons to enter it and enjoy all its privileges without being neecssarily eon-^ nected with any College or Hall. The effect of this would be to induce a large number ot persons, whose means are below the necessary requirements of a College, and who now never think of coming here, to come to the C/hfwrszYy, where they could regulate their expenses as they please. And they would come, not as a matter of routine or fashion, but because they wanted or were fit for the advantages of the place. They would be for the most part men who had to make their way up in the world. Extravagance cannot be effectually checked as long as vve have here only the wealthier classes of society. Idleness cannot he prohibited ; it must be disgraced and alarmed by labour wresting from it the honours and good things of life. And we cannot have labour to be the laio of the place as long as the majority who come here are persons who need not labour; and the majority will be of this independent rank until you open the University to a poorer class of men, and make all its advantages attainable without the necessity of a Col- legiate, at the lowest, an expensive system. And here I will proceed at once to the sixth and most interesting point suggested by the Commissioners, viz. : — “ The means of extending the benefits of the University to a larger number of Students, (1) by the establishment of new Halls; (2) by permitting Undergraduates to lodge in private houses ; (3) by allowing Students to become members of the University \\ ith- out connexion with a College or Hall ; (4) by admitting persons to Professorial Lectures and granting them certificates, without requiring any further connexion with the University. The extension of the benefits of the University to a much larger number of Students than at present — the establishment of some reasonable proportion between the immense wealth of the place and the work of education — I most heartily desire. To the establishment of new Halls I see no objection, provided that residence in them or con- nexion with them be not made the necessary alternative of residence in or connexion with a College ; i. e. provided they do not exclude the third scheme abovg mentioned lor enlarging the Univei- sity. In fact the mere establishment of Halls would only increase the existing evils. A small society is more expensive than a large one. And as to regular and studious habits, while on the one hand I do not see how these would be improved systematically by new Halls; I see on the other hand many ways and chances of their being deteriorated by such establishments. If Halls were connected with Colleges their character would only be as good as that of their res- pective Colleges. If they were independent societies, I can have no doubt that, when public attention has been withdrawn from the University, they would be started as private speculations, and would generally be asylums for men ejected from Colleges. It is lutile to say that in such case of corruption the University authorities could interefere to withdraw the licence and check the nuisance. They could, but would they do so ? Everybody knows how loth every- body is to correct an abuse when long-standing vested interests are concerned. It would be the interest of Proprietors and Masters of independent Halls, supplied as these generally would be by outcasts from strict Colleges, to compound for lax discipline by higher payments. But it EVIDENCE. 147 may be supposed that these evils could be obviated by founding Halls upon a new system of economical arrangement ; by making them domestic establishments, where the Masters would take their meals with the Students, keep their accounts, and exercise great personal superin- tendence. Now, first, this would in no degree dimmish the necessary expenses of University life. Considering the expenses of such an establishment — house rent, taxes, &c. ; considering the risk attending it ; considering that to secure effective personal superintendence the Students of a Hall must be few or the Masters many ; and that these Masters must be well paid for their time and trouble, I do not believe that the necessary expenses would be as moderate in such an establishment as they could be made in an average sized College. Secondly, how can the conscientious conduct of such establishments be secured ? What is to prevent them from becoming disorderly clubs? No doubt high principled men would some- times be found who would work them well. But can you calculate upon this as the rulel And even here I see a danger of another kind — the danger of such small private societies being made by active party men, who are just the persons to work them zealously, the nurseries of peculiar religious opinions and practices. So that if the Halls were zealously conducted they would be attended with this evil ; if they were not zealously conducted they would increase the expenses and damage the discipline of the place. It is to the admission of Students into the University without connexion with a College or Hall of any kind that I look for the greatest good to the University itself, to the Church, and to the country. Such a measure would considerably increase the number of Students (now comparatively small in consequence of the limited accommodation of the Colleges), but above all, by allowing them to live as humbly as they pleased and that in private, it would enable a much jooorer class of Students to come here. The poor man who now, even if he does aspire to a University education for any of his sons, stints himself to give that advantage to one son only, and that of course the eldest, whether he be the fittest for it or not, would then be able, for the same money, to give the same advantage to all. And whereas it often now happens that the one favoured son wastes his father’s money and disappoints his hopes, the chances then would be increased that some one son at least would repay him for his expense. These out-college Students would, according to their tastes, go for Lectures to the Professors. And this would have the effect (which upon the present system I see no means of accomplishing) of bringing into full efficiency and usefulness the Professorial system. Small payments made by a number of Students would provide an income for the Professor, and would enable him to appoint one or more Teachers under him for the elementary classes. On the one hand Professors w'ould be more likely to lecture well vvhen their income depended on it ; and on the other hand Students would be more likely to profit by lectures (just as they do now by private Tutors) which they have voluntarily^diid for. On the present system it must always be, as it is now, that College Lectures take precedence of Professor’s Lectures. The Professor, if he wishes to get a class, must either lecture very early or very late in the day. And unfortunately College Lectures are generally regarded by the pupils as a matter of discipline to occupy so much time and keep them out of harm’s way for the morning. Men are put into Lectures which are often not useful to them, or which, if useful, they do not like; they are inattentive, the Tutor therefore naturally becomes indolent, and so a weary hour is passed — and must be passed because it is the rule. Yet the Pupil who has been drowsing for an hour' over some distasteful or already well known book, goes the next hour to his private Tutor and works heartily and effectually. But let us look to a more remote but higher effect of the measure. It would benefit the Church, and this not only in the way of providing an humbler class of ministers, which alone would be a great benefit; but in another and more important way. Numbers who are now educated in Dissenting schools, or at least apart from any Church associations, would seek the Universities, if the Collegiate system were not an essential part of them, and if they furnished the best Lectures at the cheapest price. It is the Collegiate system, with its two necessary accompaniments — costliness and theological teaching — which prevents Dissenters from coming to Oxford. Make this system unnecessary and I believe they would come here even on the condition of subscription to the Thirty-nine Articles. As things now are Dissenters often come here, par- ticularly if they can obtain some Exhibition ; and it is remarkable that they generally turn out very high Churchmen. In my own College there are some very valuable Exhibitions connected witli the College of Glasgow. Presbyterians do not object to subscribe the Articles to hold these Exhibitions; and these Exhibitioners often take Orders in the Church of England. Reason and experience confirm the opinion that if Dissenters came for education to the Llniversities, both Churchmen and Dissenters w'ould be improved — Dissenters would become more Churchmen, and Churchmen would become less bigotted. I believe that Dissent has much more to fear than the Church has from a University education. Lastly a measure which involves a considerable extension of their numbers, and increased facilities for enjoying their advantages, is one which the Universities would be wise to adopt, and adopt speedily, if they hope to maintain much longer their position in the country. The Uni- versities at present have no hold on the affections or associations of the mass of intelligent, educated, and influential people of the country. Under each shock of public indignation at the maximum of privileges which they enjoy, and the minimum of duty which they perform, they totter more and more. The clergy and a few of the aristocracy come to their aid ; but can any one who has marked the current of events in this country suppose that such feeble aid will con- tinue to support them? The people want education, and the Universities ought to take the lead, and, with their great wealth, do most in the work. The objections which will be brought against the measure are obvious — and obvious, I think, because they are superficial. It w’ill be said, of course, that the admission of a number of unattached members would, 1st, 3 U 2 Rev. Henry Wall, M.A. Lodging in houses without connexion with College or Hall. Advantages of it. Professorial Lectures. Probable admission of Dissenters. Accession of strength to the University. 148 OXFORD UNIVERSITY COMMISSION, Rev, Henry Wall, M.A, Inadequacy of the present discipline. Attendance of strangers on Pro- fessorial Lectures. Matriculation Examination. Its probable evils. Higher Degrees. destroy the discipline and corrupt the morals of the present Students ; and, 2ndly, would leave the new comers destitute of the two greatest advantages of the present system — the personal superintendence of a College Tutor and the daily chapel. Now truth must not be obscured by romance; a useful measure must not be sacrificed to a theory. I have resided in Oxford for the last 22 years, and I have some experience. I wish I could say that the discipline of Oxford had much capacity for becoming worse ; I wish I could say that immorality had yet to be introtluced among our Students; I believe that there would be much less cause to fear the Students who would come here on tlie scheme proposed, than to fear for them; because I think it highly improbable that those Students would be any but poor men who had to make their way up in the world ; or at least, men who came to work. The rich, or those who came for pleasure or fashion, would still, as now, go to the Colleges. And if the new Students were of this working class, they would act as a stimulus to others, not^to say in the way of example, but in the more forcible way o( bearing off University honours. College Fellowships, &c. At all events the University would then have to show some returns propor- tionate to its means. As to the personal superintendence of College Tutors — if any parent thinks that when he enters his son at a College he necessarily puts him where his moral and intellectual training will be carefully watched over by a Tutor, — I can only assure him that he is under a pleasing delu- sion. I do not deny that some College Tutors try to exercise this superintendence ; but, after all, what personal superintendence can a Tutor exercise over 20 or 30 Pupils, young men who must be left to themselves for the greater part of the day, who have their own rooms, and are as much separated from their Tutor as if they lived at the other end of the town? This per- sonal superintendence may be desirable, but it is not a reality ; and it is just as impracticable upon the present system as it would be under the one proposed. As to daily chapel, I am bound to say that I do not think it does any very extensive spiritual good. It is a very effectual means of breaking up wine parties, or of making men rise early in the morning. It is also in some Colleges used as a means of punishment. Can all this do good ? I believe that the ohliyation to attend chapel does more harm than good. Of course there are young men who do make the daily service a voluntary service, and thereby profit by it; but then these”men would seek it even if they were out of College. And as, besides the College chapels, there are plenty of churches in Oxford in which there is daily service, there is nothing to prevent Students who live in the town from going to church every day it they wish it. If they do not wish it they had better not be compelled. I must, on the other hand observe, that there are disadvantages and temptations attending a residence in College which would not belong to a residence in private lodgings. A life in Col- lege is certainly not necessarily a moral or a studious one. The very congregation of numbers— the facilities of stepping from room to room and of making up pleasure parties have their evils. One or two bad men may, and often do, work immense mischief in a College.^ Many a youth who comes up well disposed is ruined by bad society in his Colleye society which he was not likely to have known had he been in private lodgings. For all these reasons I earnestly hope that Students will soon be allowed to become niernbers of the University, and be educated in Oxford, without being subjected to the expenses incident to connexion with a College or Hall. Moreover, I do not see why the advantages of the University, ev'en thus extended, should be limited to persons who come here with a view of taking Degrees. It would increase the friends of the University, it would be another stimulus and support to Professorial teaching, and would do great public good, if persons who, for any purpose whatever, wished to attend the Lectures of some particular Professor without going through the University course, were allowed to do so, and to receive from the Professor testimonials of their attendance, attention, and ability, in his department. 7. An Examination previous to Matriculation I cannot see in any other light than as an evil. The Examination must either be the same for all, or different for each. If it is the same lor all, it must be very low in standard, else many persons will be excluded, who (as I can tell from my experience as a Tutor) are very deficient when they first come here, but yet have taleid enough to do better, when their final examination arrives, than others who came better prepared. Besides, success in such examination will be no passport to a College, which will still have its private examination of a higher standard. If the matriculation examination is different foi each person — i. e., meant to find out what he can do — will anybody be excluded by it . Is there anybody who cannot do something 1 And it must be remembered that tastes and talents are not always developed early, and that the University may be the very means of developing a talent. If a man by admission to the University acquired a licence to teach, an examination would be most important ; but as he only acquires a licence to learn, I do not see the value of it. Again, I can see nothing but unnecessary indignity in examining senior men for highei degrees. If they were made Bishops or Deans, or in any other way exalted, because they were Doctors, an e.xamination for this degree would be desirable. “ Doctor, appliecl to a clergyrnan or a lawyer, is a very harmless dignity, and to confer it, if paid for, is a very fair way of raising money. But on another point, suggested by the Commissioners, I beg to express my most hearty concurrence with them, namely, such a regulation of the studies of the University as would render them, at some period of the course, more directly subservient to the future pursuits cd the Student. On this point I speak with no small experience. I have been a public and private Tutor for 18 years; I have had nearly 300 private pupils, all candidates for honours; and I have seen and lamented the evil effects of a system which presented (till very lately) only two avenues to distinction — the School of Literal Humamores, with its heterogeneous jumble of Divinity, Ancient History, Greek and Latin Poetry, Critical Scholarship, Logic, EVIDENCE. 149 Rhetoric, and Moral Philosophy ; and the School of Mathematics. I speak with most know- ledge of the former school. I have known numbers of young men, ambitious to distinguish themselves, whose minds have been positively injured by being overloaded with the numerous subjects they were obliged to attempt. I have also known frequent instances of men of great ability in one or two departments, and deserving the highest honours in those departments, yet i'allinc^ into the second or third class at their examination, in consequence of their weakness m subjects which were foreign to their tastes. Hence the evil, that the class list is no sure proof of ability. A man, respectable but moderate in all his subjects, is in the fiist class, while another of superior ability and decided genius, appears in the second. And e\en men of the strongest minds, and most general ability, are prevented from rising as high as they might in their favourite subject, by being obliged to spend a great deal of time in less agreeable studies. The tendency, of course, of such a system is to make men know a little of everything, but to know nothing well. These are evils affecting only classmen ; but besides, there is that larger number of men, the passmen, who do not aspire to honours, because they know very littfe of Greek and Latin, and have no taste for Mathematics ; yet many of these have good talents for other subjects, and are not less ambitious than other people. For the improve- ment— the education— this most important part of its members the University has hitherto made no provision. By the Examination Statute recently passed, these evils have in some points been corrected, but they have also in some points been increased, and, at the best, the measure does not go far enough, nor as tar, I believe, as the pro- moter of it would, if he could, have carried it. For the school of “ Literal Humaniores still stands for honorary distinctions with this mass of matter : — Divinity : viz., the Four Gospels and the Acts of the Apostles in Greek ; the Evidence of Natural and Revealed Religion ; Sacred History ; the Subjects of the Books of the Old and New Testaments; and the Thirty- nine Articles (the candidates may also, if they please, be examined in some portion of Eccle- siastical History, and in one or more of the Epistles) ; the Greek and Latin Languages; Greek and Roman History ; Chronology, Geography, Antiquities ; Rhetoric or Poetics; or Political Philosophy and Moral Philosophy. These subjects may be illustrated by modern authors. For a first or second class Logic also is necessary. In addition to all this, the can- didate is, by the new Statute, compelled to pass in some one of the three other schools. ^ This is too much to be well done, or to allow any one thing to be well done. It may be said, that the Examiners will in practice always let eminent merit in one subject compensate for detects in another; but this does not mend the matter. It is to recognize the principle of the division ot subjects to be good, and yet to try and stifle it. A candidate for honours will never be certain how much merit in one subject will compensate for how much defect in others.^ Examiners are a shifting body, and different Examiners may take different vievvs ot the rate ot compensation. All this must produce, as it does now, great unsteadiness and discursiveness in the candidates’ work. Besides, it is eminent merit in one point which is required to compensate for defects in others. Well, but there are cases where the merit in one point, tvoidd have been eminent but for the necessity of knowing something of every thing. ^ Ao-ain, the new Examination Statute has opened two new schools — the School of ?satuial Science and the School of Law and Modern History. This is a great improvement. But see how it has clogged this improvement ; a man must pass in two schools, and that of ‘‘ Literee Humaniores" must be one of them. So that, for a man to distinguish himself in IVIodern History, Natural Science, or Mathematics, he must have passed ^/iree exarninations in Greek and Latin, and each time in different books. Now, it this prerogative given to Latin and Greek resulted in the majority of men in any useful knowledge ot those languages — it it enabled them to write a commonly respectable piece of Latin — there would be something to say for it ; but, I am sure, that compared with the time and labour spent in ‘‘ cramming up parts of a few Greek and Latin authors by the aid of translations, the labour of a man who breaks stones in the road is as profitable to himself, and much more profitable to others. If Greek and Latin must necessarily be a part of every man’s education here, then let the necessity of them be done with at his second examination, and in his second year ; and thenceforth, for his third or final examination, let him be free to choose his own subject, or subjects, in one or more of the following schools, not cross-divided as at present into four, one of which is an encyclo- paedia in itself, but divided according to the principle of cognate subjects, into — Ttev. Henry Wall, M.A. Special Studies. Proposed re- arranfrement of the Examinations. 1. The School of Literce Humaniores; Latin and Greek authors for translation. Latin and Greek original composition in Prose and Verse; Philology; Philo- sophy of Language; Poetical Criticism, &c. 2. The School of Moral Science, pure and mixed. Ancient and Modern ; and of Logic, comprising Logic, Ethic, Politic, Rhetoric, Political Economy, History of these Sciences, &c. 3. The School of History, Ancient and Modern, comprising Geography, Chronology, Antiquities ; the Idea of History, its relations to Biography, Geography, &c. 4. The School of Mathematics and Physics studied mathematically. 5. The School of Natural Science. Of course, in each school there would be ^.jiass and a class quantity of matter. This scheme I urged as strongly as I could while the Examination Statute, recently passed, was under consideration ; and I believe, that had the Heads of Houses offered us some such scheme, it would have been more acceptable than what they have given us; but Members of Convocation were too glad to get what they could. The result of this division and free choice of subjects, would be to produce in Oxford better scholars, better moral philosophers, better historians, better everything. Latin and Greek and all other studies would immediately rise when disencumbered of each other. 150 OXFORD UNIVERSITY COMMISSION. Rev. Henry Wall, M.A. Profbssokial System. Fees. Restrictions on Fellowships. Distinctions of Rank. Bodleian Library. Books to be taken out. The Commissioners call my attention also “ to the expediency of combining the Professorial with the Tutorial System; of rendering the Professorial foundations more available for the instruction of Undergraduates generally; of increasing the number and endowments of Pro- fessorships, and of providing retiring pensions for Professors.” The combination of the Professorial with the Tutorial System — at least, any harmonious and permanent combination — I believe to be impossible as long as the Collegiate system is an essential element of Academical Education. College Tutors will not surrender their Pupils to Professors, for other reasons, and because idle men will often make the plea of attending Pro- fessors’ lectures the means of escaping all lectures. Put the Professorial System in rivalry with the Tutorial, by creating for the former a new sphere of action, and both, I think, would be improved. If a steady demand for Professorial teaching were secured, then an increase of the numbers and endowments of Professors may be thought of ; but this, without such a demand, would only be to exaggerate sinecures. An obvious and most just way of increasing the number of Professors, and of finding them endowments, is to resuscitate the dormant Professorships, which, in some Colleges, are by the Statutes connected with the Foundation; but so as that a man should be a Fellow of the College because he is the Professor, and not Professor because he is a Fellow. It would be desirable also to go beyond this, and in those Colleges where the Fellowships are most numerous, and more than necessary for Collegiate purposes, to unite other Fellowships with Professorships. But in the matter of the endowment of Professorships one thing, I think, is most important — that the endowment should not be so large as to make the Professor independent of work. Some of his income should be left to be derived from fees from voluntary attendants. 500/. per annum is as large an endowment as he should have. And to prevent him from retaining his olficewhen he is no longer fit for it, a retiring pension of 400/. per annum should be given him. As to the mode of appointing Professors, I have no hesitation in saying, that I would that these appointments should be made by anybody rather than by the Heads of Houses, or Convo- cation. Most confidence is sure to be felt, generally, and in the long run, in the appointments by the Croion. The limitation of birth-place, or school, in the election to Fellowships, or Scholarships, L hold to be productive, in all that is its true effect, of unmixed evil. That there are very able men, and men well deserving of Fellowships, even on foundations confined to schools, is most true ; but these cases are accidents in spite of the limitation, and not consequences of it. However, I have reason for suggesting that the evil would not be cured, but rather aggravated, by simply destroying the limits of eligibility. Thepoicer of election should not be allowed to be in the hands of a few senior members of a society, else you would be but increasing their sphere of patronage. Statutes and wills are not the only hindrances to the benefits of a foundation beinsf bestowed according to merit. The distinctions between Compounders and other Graduates, between Noblemen, Gentleman- Commoners, and other students, and all such distinctions of rank or wealth are, in a place of education, odious and mischievous ; and sometimes bear most hard upon individuals, who in some cases are persuaded, and in some cases obliged, to receive them. A Gentleman-Com- moner pays double, or nearly so, for no advantage whatever, except it be the advantage of not attending many lectures, and being exempted from strict discipline. A man possesses 300/. a year in his own right. It is his all. To take a degree, he is decked in a red gown, called a Grand Compounder, and is obliged to pay 40/. or .50/. for it ; while another, having nothing in his own right, but perhaps the son of a millionaire, gets the same privilege for 10/. or 12/. without being made a puppet of. Colleges and Halls as at present constituted are utterly incapable of furnishing adequate instruction in the subjects introduced by the recent Examination Statute. Open foundations may so order their elections as, in some measure, to supply the demand for this instruction. But it is to the Professors, and to Teachers under them, that I look for steady and effective instruction. It is also this same organization of the Professorial System that will alone abolish the system of Private Tuition ; a system which I believe to be very useful and (as things now are) necessary to Pupils; but which is an evil because it is very expensive. ihe Bodleian Library. — It is impossible to conceive a- thing of which the actual use is more disproportionate to its possible benefits. If one is proof against cold, and against the distraction of visitors and others passing to and fro before his eyes, he may study there. Wlien I became a B.A. I was romantic enough to think of working in the Bodleian. Although I protected myself even to encumbrance with clothing against the cold, I could not work there more than two hours at a time. I soon found that the time spent in going there and returning, and in getting warm after I came home, and the unsteadiness of my work there’owing to the discom- forts of the place, was all a loss to me. There are rooms under the Library which, if there was a wish to make the Library generally useful, could be fitted-up as reading rooms, and thoroughly warmed. But, in addition to this, I cannot see why books, at least such as could be replaced, should not, under strict rules, be allowed to go out of the Library. In Germany I, a stranger and only having an introduction to a Professor, have had at my lodgings a number of valuable books at once out of the Public Library. Books are meant to be read and not to be looked at, and even if by going out of the Library they were occasionally damaged or lost, the Bodleian is rich enough to pay this small price for its increased utility. H er Majesty’s Commissioners have been most clear-sighted and skilful in fixing upon points which most need reform in Oxford; but there remains one point, the most important of all, because the principle of all continuous improvement, which the Commissioners have not touched upon, unless it be contained in their third suggestion — “The pow'er of the University to make, repeal, or alter Statutes.” No continuous improvement can be expected in Oxford as long as EVIDENCE. 151 the Legislature of the University be constituted as it is — that is, as long as the power of initiating measures rest solely with the Heads of Houses, and Convocation can not even move an amend- ment, but must either accept or reject what comes before it. I do not mean to say anything disrespectful of the Heads of Houses, but it must be remembered that 1st, they are the senior men of the place, and that advance in age is accompanied by a tendency to quiescence ; 2ndly, they associate very little with the Masters and Tutors, and much less with the Students, and cannot know their wants; 3rdly, with the exception of those Heads of Halls who are appointed by the Chancellor, (among whom, it is remarkable, that we have had men the most social even with the youngest members, and the greatest promoters of improvements) the Heads of Houses are elected such for the benefit of their respective Colleges, and with no view to the good of the University. But a man may be able to manage College property, or possess qualities useful for keeping a society in harmony, and yet be unequal to the duties of an Academical Legislator. A Head of a House need not ever have been, and many of them have never been, engaged in woi'king the education of the place. For all these reasons the Heads of Houses, as a body, are unfit to be the motive power in the place. The few active spirits among them are powerless against the dead weight of the majority. The body will not move unless alarmed and stirred by popular clamour. Yet it is necessary that the power of initiating measures should be vested in a small body. It would be the best thing, I am of opinion, for the permanent good of the Uni- versity that this body should consist of delegates from the Heads of Houses, from the Professors, and from the College Tutors. The Professors certainly ought to be an essential part of such a body. Some such change in our Legislature introducing into the initiative the popular element — the working men of the place, would, I believe, as establishing a principle of continuous im- provement, be most conducive to the true interests of the University, and to its efficiency as a place of education. I much regret the necessity of a Commission of Inquiry into our condition. I wish that the University and the Colleges had reformed themselves even to the extent allowed by their Statutes; but I am bound to say that I see no probability, and in some cases no possibility, of e.xtensive improvement from within. In answer to the questions which Her Majesty’s Commissioners have addressed to me as Prailector of Logic, I beg to state that — • 1st. The salary of the Praelector arises from a small payment by every member of the Uni- versity under the degree of M.A. No other sources of income are attached to it. The salary last year amounted to 247/. 15s. I have filled the office short of two years, and cannot tell the average income. 2nd. No special qualifications are required in the person appointed, except that he must be at least an M.A. or B.C.L., or Bachelor of Medicine. 3rd. No residence or Library is provided for the Praelector; nor any Lecture Room except the small one which is common to all the Professors. I lecture generally in the Hall of my own College. I am obliged to do so whenever I have a large class. 4th. The only duties required are to read one course of Lectures during the first year after his election, and two courses every subsequent year. 5th. The Praelector is elected by Convocation, and for 10 years. But he may be re-elected. 6th. In Lent Term, 1850, 1 delivered a course of Lectures on the general doctrines of Logic to a class of about 200 men in Balliol Hall. These lectures continued the whole of that term and the whole of the following Easter and Act Terms ; and were gratis. In Easter and Act Term, 1850, besides the above Lectures, I gave a Lecture on a Book of Aristotle’s Organon. My class consisted of 18, and paid two guineas each. In Michaelmas Term, 1850, I read a course of Lectures (gratis) on Induction. The class numbered about 60. 7th. The study of Logic has certainly made great progress in Oxford of late yeai’s, and is still rising. But like most other studies of the place it is clogged by being mixed up with hete- rogeneous matter, and made necessary for a high class in ‘‘ Literae Humaniores.” Let there be as great a division of subjects as can conveniently be made, and let Logic be introduced into a distinct School of Moral and Metaphysical Philosophy, and it, like every other branch of studj% would rise immediately. The Students would be fewer no doubt, but they would be of larger stature. I have the honour to remain. Your obedient servant, HENRY WALL, Fellow of Balliol and Praelector of Logic. Answers from the Rev. Richard Congreve, M.A., Fellow and Tutor of Wadhani College, Oxfot^d. Question 1. The ordinary expenses of a University education include, I suppose, all that a fairly economical Student must meet in a well-managed College : — I. Fees at Matriculation and Degrees; II. University dues ; and HI. College payments, for living and tuition. The first item, I take it, might be considerably reduced by a reduction in the stamps. For the second, the University dues are, I believe, but an insignificant item. It is in the third that reduction, if anywhere, is most feasible. As there is considerable difl’erence in the amount of expenses at different Colleges, it seems clear that the more expensive ones might be reduced to the scale of the less; at least I can see no reason for any material difference, if the management be good. The great desideratum in all such matters is as complete publicity as possible. It is desirable that in every payment a man makes he should know what it is for, and have ample means of testing the correctness of the charge. Full weekly statements of each separate item should be Rev. Henry Wall, AI.A. Hebdomadal Board. PRaSLECTOESHIP OP Logic. 1. Endowment. 2. Qualifications. 3. No Lecture- rooms. 4. Statutable re- quirements. 5. Appointment. 6. Lectures and fees. 7. Study of Logic. Rev. R. Congreve, M.A. Expenses. Publicity of Col- lege expenses. 152 OXFORD UNIVERSITY COMMISSION. Bev. R. Congreve, M.A. Greater vigilance of parents. Constitution. Evils of present Legislation. Evils of appoint- ment of Proctors. University Extension. furnished him at all Colleges, as they are already at some, and terminal charges should also be explained. Men feel, if this is done, that they have a control over their expenses, which they too often do not feel now, and the comparison between the expenses of the different Colleges to which this habit leads would have a good effect. In this publicity, and a careful consideration as to what it is expedient for the Colleges to furnish their members with, lie the principal means the Colleges have at their disposal of diminishing the expenses. For tlfe second point, that of restraining extravagant habits, I do not think they have much in their power. The evil lies deeper, and the question is mainly a home one, and this again part of a larger social one. A different tone of social morality on the two points of extra- vagant expense and idleness must prevail both in Oxford, and in the country generally, before there can be any effectual check to these evils. Among the higher classes of English society public opinion on these points is very lax. To spend more than their income, to waste their time, and to be moderately disorderly in conduct, have been and still are so usual in ordinary English education of the upper classes, that they are tolerated by a very indulgent treatment in society, treated as privileges of the rich and easy classes, and only complained of by the great majority of such classes when they lead to too marked a failure or to too heavy bills. What Lord John Russell says of the scale of official salaries is considered equally true ot Oxford expenses : they are proportioned to our monarchical institutions, and, I think, to our aristocratical laws. The real remedy for University extravagance lies, then, in an improvement of the tone of public opinion and social morality of the classes who furnish the leaders of Oxford in point of expense. If this could be raised to the standard advocated by Sir Charles Napier in India, a great change would be worked. Short of this, however, in very many cases, even as it is, much good would result from greater communication between the parents and College authorities, which has been hitherto much too slight. The parents in general never stir till a crash comes, and then they blame everything but their own negligence. The check which home influences furnish has been scarcely at all brought to bear on Oxford; where its efficacy might surely be as great as it has been found at public schools, though of course the manner of its application might require modification. Lastly, as extravagant habits have an intimate connexion with the idleness of Oxford, it may be hoped that improvements in the educational course will work good, especially all such as, by enlarging it, are calculated to offer inducements to study to the more independent members — such improvements I allude to as the larger introduction of Physical Science and Modern History. Question 3. The theoretical and legal limits of this power I know nothing about. It is evident that within certain limits the University does feel itself competent to exercise such' a power. But its exercise is very much fettered by its constitution. And any one who has watched the progress of University legislation of late must feel that the constitution is a very singular one, but ill adapted for any satisfactory legislation. Educational changes are embodied in measures the sole discussion and initiation of which lie in a body disconnected commonly with the practical education of the place. They are referred for simple acceptance or rejection to a popular body, the large majority of which is also disconnected entirely W’ith the pi actical woi king of them, and a non-resident is incapable ol appreciating very nicely the practical wants of the University ; and the final decision depends on the purest accident, or on the comparative strength which one or other party can command among the non-residents. Between these two bodies so constituted there is not, in Oxford, any recognised communication, and till lately, when the evils of the system became very glaring, there were no means of making the prevalent feeling of the larger felt by the smaller. Question 4. As a general principle, I think that any responsible stations should not be filled on the principle of seniority or rotation. In any particular case I should thereiore hold the application of such a principle a greater or less evil in proportion as I conceived the responsibility of the office to be greater or less. In the case of the Proctors this principle is the one practically acted on, I conceive, though theoretically it may be one of election. And the recent changes, by throwing more appointments into the hands of the Proctors, increase any evil there may be in the system. One modification, at any rate, is required if the present system be kept, and that is a revision of the cycle, which is at present eminently unfair. But that officeis, nominally of the University, who are to nominate the University Examiners both for Degrees and the different Scholarships, and also to judge of the Prize Compositions, should be chosen on the principle of seniority from the members of the different foundations, is scaicely defensible with any modification, and has, I conceive, not worked well in practice. It would have been found necessary to alter it, had it not been for the corrective existing in the exercise of the powei of the Vice-Chancellor, whose longer tenure of office, again, corrects any evil there may be in the mode of his appointment. .... . , r* . Question 6. This question presents very great difficulties, in limine, and without preferring any one of the four alternatives, the University may be viewed in two such very different lights, — as a place of higher education for a certain number of Students for the different pro- fessions or political life, or as a seat of learning open to all who wish to come it is clear that the view taken must modify the answer to the question. Any large extension of the numbers would materially interfere with it as a place ot education, would change its character, and render its present system and discipline obsolete. For the latter it is not meant at piesent, it cannot, I mean, be called a seat of learning. The question is, whether it ought to be made so. I should have no objection to this, nor to opening it absolutely freely to all who chose to come without requiring any conditions, a principle which seems conceded by the plan sanctioned by Mr. Sewell, though he objects to carrj'ing it out in Oxford itself. This, however, is a matter of detail. This would siqiersede all the four alternatives, and you would have the Collegiate system brought into competition with the free residents, and so forced, if it vvould maintain itself, into thorough activity. It would still have many things in its favour, its buildings, its EVIDENCE. 1.33 foundations, its associations, and its greater power of enforcing some discipline, whilst some at least of the present objections to it would cease. Question 7. The answer to this is partly involved in the last. If you make Oxford a seat of learnino-, to which all may come, you do not want an examination. But the different Colleges mioht still, as they now do, offer men a definite place of residence under certain conditions, with a definite system of teaching conducted by members of the College, and it would there- fore be not unnatural that they should examine those whom they admit within their walls. The University, as such, would cease to require so much mechanism, though of course it would be competent to it to name certain conditions under which it granted its degrees. In any case the higher Degrees should be in name, as they already are in fact, abolished. They seem to ine out of keeping with the present system of English education, and are only kept up by certain provisions in the Statutes, or as useful mercantile investments. Lastly, on the open system the student himself would regulate his studies at the University, and would make them subservient to his future pursuits. Of course there are manifold objections to so free a system, but I cannot see at present, as English education now is, any better, or any other very feasible way of enlarging the sphere of the University s usefulness, and it leaves untouched the present system of Collegiate institutions. Question 8. If the present system is kept in principle, then, I can see no doubt as to the great expediency of combining the Professorial with the Tutorial system. In fact, increase the number and endowments of the Professors, fill the chairs with able men in their several depart- ments, make it worth the Professor’s while to devote himself to his subject, and, by a retiring pension, make him feel above the pressure of want in the future, as a handsome salary places him above it in the present ; and so far as I can see, you have the largest measure of reform of which the present system is susceptible. In all the higher departments their teaching would naturally be the best accessible. Subordinate to them, the College Tutors would have a useful sphere in assisting and examining those who attended their lectures, and relieved from their present drudgery, might be qualifying themselves for the Professorial posts, whilst the very backward might still find employment for those who have just taken their decrees — emplojiment of a more wholesome kind than is at present turnished by a system, which throws, generally, the task of imparting the highest information on the most difficult subjects on the youngest men. Question 9. I should exclude Convocation as the worst conceivable mode of appointing Professors. But it is not so easy to give an opinion as to the most eligible. 1 should be inclined to prefer the Crown, acting through a Minister of Education responsible to Parliament as other ministers. The real question would be. What is the elective body on which public opinion can be brought to bear most effectually, and which would soonest be made to feel the scandal of what, for ivant of a better word, I must call jobbing ? I would have no disqualifica- tions but want of competency in the department for which a man is appointed, and want of character ; so clearing away all disqualifications without exception, on the ground ot opinions on other subjects, and enabling the University to secure eminence in every department as far as its means afford a sufficient inducement. As it is at present, none but members of the Church of England can hold Professorships, which of course limits the choice. Another great evil is the shortness of the tenures in many cases, as in Moral Philosophy and Political Economy ; and the inadequacy of the pay. So they are only worth holding by residents, or those who, from other circumstances, are independent of the stipend, and it is impossible to secure the fair devotion to the subject which seems requisite for a good Professor. Question 10. All limitations dependent on place of birth, or Founder’s kin, ought, at any rate, I think, if not absolutely excluded, to be terminable. They seem to me to work fatally against a College wherever they are predominant ; and of course to be evil so far as they pre- vail. I do not think it so clear, looking at the Collegiate system and its exigencies, that a limitation to the Scholars in the choice of Fellows is bad. Let the competition for the Scholars be quite open, the election from them strictly according to merit, with a po\yer in the electors to hold a Fellowship in abeyance, or to throw it open when there is no deserving candi- date, and I should hesitate, from what I see of the perfectly open system, before I preferred it, though theoretically it is more satisfactory. With regard to their tenure, they are, with some few exceptions, I believe, voidable on marriage or not taking orders. I am, I confess, strongly opposed to any such limitations on their tenure. In our own case they terminate by time or marriage ; but we are not obliged to take orders. I dislike this last condition, as furthering the exclusively theological character of Oxford, which seems to me to require extensive modi- fication, and also as tempting men into a position for which they may not be adapted either by taste, or qiialifications. I thinl Were these changes introduced, the question concerning the appointment of the Proctors would, it appears to me, lose its importance. Of course, as a general principle, the more offices of this kind are thrown open the better ; but with a professorial element in the constitu- tion of the Board, and the office of Vice-Chancellor thrown open to the Professors, the privileges of the Proctors would be of less moment than they now are. It appears to me, however, that the powers of Convocation, in relation to measures proposed to it by the Board, urgently need revision. , r , j No 6. Upon the two first proposals contained under this number 1 have expressed my opinion at p. 56 of “ a Letter, &c.,’’ and p. 70 of “ a Postcript, &c.” The desirableness of an extension of the benefits of the University to a larger number of Students than at present partake of them appears to me to be the one point upon which all parties, or nearly all, are agreed. . -j • t <- The two last of the suggestions under this number deserve serious consideration. 1 am not certain that 1 clearly understand the case supposed in (3). A Student to be educated at Oxford without connexion with any College or Hall must, I presume, be supposed either to live with his parents or other friends, or to lodge in a private house. If the latter be the sup- posed case, I confess 1 think that it would be better and more economical, in evei\ point of view, that the Student should be connected with a College or Hall than be left to the mercy of a lodo'ino'-house keeper. If the former be the case which the Commissionets have in their mind, while 1 see no objection to a Student’s living with his friends, and attending College or professorial lectures, it appears to me that the instances are so rare in which the case can aiise, that it is hardly worth while to discuss it. 1 mean that it is very seldom that a Student s parents or friends can take up their residence in Oxford for the purpose of affoi ding him a It appears to me that the lodging-house system, unless under due control and superintendence, is liable to serious objections. But suppose that licensed houses of this kind, under University control, were established, in which Students might prosecute their studies vvithout connexion with any College or Hall, yet where are they to find instructors ? Who is to guide then- studies Perhaps the Commissioners mean that such Students should be permitted to attend the lectures in some College ; but would any College be likely to allow young men who have no connexion with the Society to attend the lectures of its Tutors? On the whole, (3) appears to me the least feasible and promising of all the suggestions. New Halls, or lodging-houses in connexion with some College or Hall,— these appear to me to be the only means of University extension which can secure the advantages both of the tutorial and the professorial plan of instruction. Perhaps, however, the Commissioners contemplate in (3) the case of a Student designing, as supposed in (4), to attend only professorial lectures, which leads me to make some remarks on (4). i t x - i • The suggestion thrown out in this subdivision has often occurred to mysolt, and 1 think it deserves every attention; at the same time, a clear understanding should be arrived at respecting its nature and conditions. ■ i , i Are the persons contemplated in No. (4), viz., persons attending professorial lectures only, without anv further connexion with the University, to be thereby entitled to University privileo-es, e. q. a degree (of course, supposing that their attainments justify the distinction) . Are they to be eligible to Fellowships and University offices in general? If thi^s is what is intended, the suggestion amounts, in my opinion, to a complete revolution m our University system, whether for good or for evil. The effect of such a measure would, as it appears to me, be to undermine, slowly but effectually, the present College systern, and to assintii ate Oxford to the Scotch and Continental Universities. I am not deciding whether this would or would not be an improvement; I merely state what, as far as I see, would be the inevitable "Tet us take, as an instance, the theological faculty. Would it be possible for a Bishop reasonably to refuse Orders to a person who (his general scholarship being supposed sufficient) had attended for two or more years the lectures of the Theological Professors and possibly distinguished himself in Theological Science? I think not. It, as at present, 12 lectures are thought sufficient to qualify a man for Orders, with what face could they be refused to those who had devoted a couple of years to theological study at Oxford, merely on the ground that they had had no further connexion with the University? ^ r rr>u i • i this being, as I presume it will be, admitted, would not tne vast majority of Theological Students avail themselves of the change ? and without undergoing the heavy, and to them in tha case unnecessary, expense of a College education, transfer themsdves at once from school or private tuition to the professorial lectures, as in Scotland and in Gerinany ? I have no dou myself that such would be the result of the measure. Parents would ask, ‘ Why send our sons to College, when it will do equally as well, as regards their future prospects to keep them at school or at home under private tuition until they are of the proper age, and then send them for two years or so to study under the Professors ?” I can only say that, if I had a ^n destined for Orders, and were such an alternative open to me as that sugge^ed in No. (4), I would gladly accept it, and spare myself the heavy burden of the present College system. I would instruct him myself, or get him instructed, in general scholarship, and then send fiim to the University to obtain, as surely he would do, his title to Orders by attendance on t e professorial lectures in Theology. Now, when we consider that Oxford must, under any circumstances, be content to be chiefly a University for the clerical Order, the effect ot the EVIDENCE. 177 proposed measure upon the Colleges may be easily estimated. My impression is, that in the lapse of a few years there would be very few Undergraduates in them. If the object be to revolutionize the present College system, no more effectual means to that end could be devised. On the other hand, if we put the Colleges and their interests out of view, no greater boon could possibly be bestowed upon the country than to make University privileges attainable without the necessity of a College residence. What a relief, for example, to the poorer clergy ! The expense of a University preparation for the clerical function would be reduced fully one-half. Again, what a vast influx of Students would probably result from such a change. So tempting are these inducements that one is almost inclined to say, “ Adopt the regulation whatever may be the effect of it on the Colleges! Let private interests yield to the public good. If I can procure for my son as good a groundwork of general scholarship elsewhere as at Oxford, why should I be compelled to send him for three years to College to study Latin and Greek, or else (if I do not choose to incur this heavy expense) to forego the advantages to be derived from the lectures of distinguished Professors? General scholarship 1 can obtain anywhere; the. lectures of eminent Scholars and Philosophers I can only obtain at the University.” A University examination (or more than one) might be imposed upon such Students to test their proficiency in general scholarship. These considerations show that (4) if substantial privileges are to be granted to mere pro- fessorial Students, it involves most important consequences. The value of a B. A. degree would be much less than it is now, except in the instance of those who intend to adopt the profession of schoolmaster. In short, the measure, as appears to me, would amount to a substitution •of the professorial for the tutorial system. Perhaps I have gone too far in saying that few Undergraduates would remain in the Colleges ; but I cannot doubt that a serious change in the present system would take place. But if the suggestion in (4) merely amounts to this, that persons should be admitted to professorial lectures, not, however to become entitled to a degree, or University privileges, by such attendance, but merely for the sake of their own improvement, (as in Germany ior ex- ample, any one may attend the Professor’s lectures, without further connexion with the Universities,) — then it is a question, whether there exists any restriction which prevents our Professors from admitting persons unconnected with the Colleges to their lectures. Are the Professors precluded from admitting all but those who have taken a B.A. degree? On this point I am not sufficiently acquainted with the regulations of Oxford ; but it no such restric- tion exists, persons may now attend professorial lectures as supposed in (4). If such restrictions do exist, it would no doubt be desirable to remove them, and so to make the lectures of distinguished Professors accessible to any persons, even foreigners, who might wish to attend them ; but I confess, I think, that unless some substantial privileges, such as a degree, were connected with the supposed attendance on the Professor’s lectures, very tew, in the present commercial age, would avail themselves of the permission. Nos. 7 and 8. These numbers may be considered as belonging to one head. It appears to me most desirable that there should be a University examination previous to matriculation. As matters now stand, no uniform standard prevails as regards the measure of attainment required of candidates for admission to the University ; and thus admission into one College is more easy of attainment than admission into another. This appears to me to be an anomaly, requiring reformation. Matriculation (I mean the attainments necessary tor it) should be as much 'a University matter as Degrees are ; whereas now, the mere form ex- cepted, it is a College affair. My opinion is, that the examination for entrance should be a public one, and conducted by public examiners. Upon the other poitits suggested in these Nos., I have already expressed my sentiments so fully in the pamphlets alluded to, that little need be here added. I have only to repeat what I have already said, that unless the time required for the first Degree be abridged, say to two years, and professorial instrtiction, with a view to preparing the student for his future occupa- tion, be engrafted upon the present tutorial system, as a distinct branch of the academical course, no real reform of our Universities will have been effected. As regards the clerical office especially, I cannot but apprehend that, unless a change be made, the country will before long require our bishops to assign a reason why they should insist upon a University Degree, as a qualification for orders, when the attainment of such Degree involves no special pre- paration for the clerical office. In fact, the absence of any efficient course of theological training at the Universities, which profess to feed the ministry of our church, is a crying evil, which nothing but the acquiescence in anomalies, characteristic of the people of this country, could have suffered to remain. It is not too much to say that there is no country of Europe, Pro- testant or Romanist, in which so anomalous a state of things exists ; every church, Lutheran, Reformed, or Romish, but our own, provides that her ministers shall undergo two or three years of theological study and preparation before they enter upon their office. The remedy for this defect I have pointed out in the publication alluded to. On the point of providing retiring pensions for superannuated Professors, there can be no doubt that nothing can be more desirable. It is a pity that when the faculties fail, a merito- rious servant of the public should not be able to fall back upon an honourable maintenance, and make room for younger and more efficient men. No, 9. On this point also I have briefly touched in “ a letter,” p. 52, and a “ postscript, p. 78. What the most eligible way of appointing Professors is, may be a matter of doubt ; but the worst way is for the University itself to appoint. We can only judge of a rule by its effects in the long run ; and we have only to take the Professorships, the appointment to which is vested in the University, and examine what the fruits of them have been, during an average of years, as regards the general advancement of learning, to convince us that this is not a good method of appointment. The exceptions which now and then occur only prove the rule. Rev. E. A. Litton, M.A. Matriculation Examination. Theological Instruction. Appointment of Professors. 178 OXFORD UNIVERSITY COMMISSION. Rev. E. A. Litton, M.A. Appointment by the University the worst. Appointment by the Crown the best. Restrictions on Fellowships. Distinctions of Rank. Theological Study. Inadequacy of PRESENT MEANS OF Instruction. Private Tuition. The best mode of appointing Professors, is that ivhich opens up these posts to the loliole country, instead of making them the privilege of the resident members. Now it is notorious that no one has much chance of a Professorship the appointment to which belongs to the University, who is not a resident, and who has not made liimself useful in University business. Little or no encouragement is held out to the talent and learning of the country at large. How can Professorships filled up in this way be fruitful or effective ? The object of those who have to appoint to Professorships should be to obtain ihe very best man lo be found in the whole country; I need not say that this is not the rule which frequently guides the University. My impression is, that Government, being less likely to be influenced by local considerations, is the best trustee of professorial posts. Would the University have elected Dr. Arnold to be its Professor of Modern History ? I very much doubt it. Government is more likely to look abroad for the best man ; and therefore I prefer that Government should appoint. Our present plan appears to be, to appoint a man ivho has been useful as a College Tutor, or in University business, it being a matter of comparative indifference whether he has made the subjects of his chair his special study or not. All this must be changed if we are to have efficient Professors. No man can become an efficient Professor who, perhaps, in middle age, commences the study of his peculiar branch of learning. But we shall have no real reform in this point until we have an efficient professorial system at the University. Such a system alone, by holding out inducements to men of talent to devote themselves to learning, can give us the materials from which Professors are to be chosen. Of all the changes required in our system, the most pressing appears to me to be, the throwing open of the University, with its various posts, to the talent of the country, and affording faci- lities for men of learning to take up their residence there, instead of being scattered abroad, as they now are. The present College monopoly (1 mean of University posts, and of all the living energy of our academical system) acts like a dead weight upon the interests of learning. Nos. 10 and 11. On these points my knowledge is too limited to enable me to suggest any- thing which I think likely to be useful. Of course, like every part of our University system, the more the Fellowships can be thrown open the better. But this question is, I presume, so hampered with difficulties arising from College Statutes, that I fear the Commissioners ivill not here find much scope for their labours. As regards the distinction between compounders, &c. ; this point may involve nice consi- derations, which those who are better acquainted than I am with the interior of the University financial system will be able to appreciate ; but, as a general rule, I should say that all such distinctions are as out of place at a University, wdiich should be a “ republic of letters, as they would be at a school. And I believe that at Balliol good has resulted from the refusal to admit Students as Gentleman-Commoners. No. 12. This question belongs to the more general one of a revival of the professorial system. Little, therefore, need be said upon it. Of course nothing can be more absurd than that Students in Theology should be compelled, after having passed through a place calling itself a University , to seek an introduction to their profession elsewhere. Nothing but our being used to it could have reconciled the country to such an anomaly. The existence of such institutions as the Diocesan Colleges of Wells and Chichester is a standing reproof to Oxford and Cam- bridge for their dereliction of duty. Tlhe work which ought to be done at our two Universities is attempted to be done at these minor institutions, and of course, owing to the absence of libraries and a proper staff of Professors, it is not done half so well as it might be done at Oxford and Cambridge. It appears to me to be of special importance to reform 0.xford in this point, because I can- not help suspecting that, do what we will to restore the University system, we shall not be able to make Oxford much more than a University for the Church. I fear that the day is gone by for making it a place of preparation (to any extent I mean) for the other professions. But for the clerical profession it may be made a real University ; and nothing is more urgently called for than such a change as shall make it so, viz., abridging the period of general study, and compelling theological Students to study for two or three years under the Pro- ^GSSOTS* No. 13. I presume that Colleges and Halls are, for the most part, capable of furnishing adequate instruction in the present course of study ; but 1 think that, under the new system, an increase of Tutors in each College will be necessary. The capability of Colleges to furnish a sufficient number of efficient Tutors depends upon the degree in which their Fellowships are open to competition ; and therefore this question seems to merge into the more general one, what changes can be introduced as regards the present restrictions upon the elections of Fellows? A point which no one can determine without an inspection of the statutes of each College. No. 14. I do not myself regard the system of private tuition with the disfavour with which some do. I look upon it as an effort of nature to supply what is wanting in our Universities, viz., scope for men of learning to exercise their vocation, and a field for public competition and display. Into what state would our College tuition fall were there no able private Tutors to keep up'^the standard, and stimulate the College Tutors to exertion? Again, were private tuition done away, there would literally remain no opening for men of an intellectual turn of mind, who happen not to be Fellows, or to have vacated their Fellowships ? Nor do I think that, without the most arbitrary measures, it could be done away, for those Students who are candidates for honours will always betake themselves to the ablest instructors, and no one can blame them for doing so. Still the system, as it stands at present, is very defective, and perhaps, in some points, in- jurious; especially is the expense a heavy burden on the Student. My impression is, that the EVIDENCE. 179 best way to treat the system of private tuition would be, in some way or other, to legalize it , to transform private Tutors into recognized University officers. ■ c i But this again depends upon a revival of the professorial system, and a reconstruction ol the University course. Here, as in every other point, the College monopoly stands in the way. The Colleges will not willingly give up their exclusive privilege of tuition ; but untd they do so there is no hope of a real reform. , , i ^ Nos. 15 and 16. On these points I am not well informed enough to be able to suggest any- thing that 1 think likely to be useful. In bringing these imperfect remarks to a close, I would take leave to remind the Commis- sioners of one important principle to be kept in mind in all reforms, viz., to consider caie u y what we are likely to be able to effect, and not to spend our efforts in aiming at impossibilities. For example, I very much question whether anything can be done with the Colleges directly without infrinaing rights which ought to be respected. To propose, therefore, sweeping re- forms in the internal affairs of the Colleges would, if they cannot be carried out, endanger the whole success of the Commission. Let the Commissioners consider in what particulai points there is an opening lor Government to interpose, and be satisfied with effecting reforms in these. As I have already elsewhere stated, my impression is, that the University, as distinguished from the Colleo^es, is the proper sphere for a Government Commission to direct its attention to , for in proposing reforms in this department, no private rights will be infringed. Moreover, this appears to me to be the department which, above all others, calls for restoration anu im- provement. An efficient professorial system, in full activity, with the field which it vyould open for men of learnino- who are now shut out from all University offices, would of itsi^^t produce a powerful effect upon the Colleges ; which, to maintain their ground against a competition ol this kind, would be compelled to make themselves also efficient in those points in which they are not so at present. I have, &c.. January 20, 1851. 'Stockton Heath, Warrington. E. A. LITTON. Rev. A. A. Litton, M.A. Objects op the COMMISSIOX. Anm^er from the Rev. W. E. Jelf., JB. D., late Student and Censor of Christ Rev. Church, Oxford. SiK, In complying with the request conveyed by the circular letter of the Commissioners, I must beg leave most distinctly to guard against being supposed to imply any approval of the Commission itself, which on constitutional grounds I should have opposed had any fitting occasion arisen ; but as the Report of the Commission will comprise matters of such vital importance to the University and interest to the public, I think I shall be best con- sulting the interests of the University if I give (under this protest) such information or suggestions on her public discipline as may assist both friend and foe in forming a true judgment on her real state and wants. _ In answer to your first question I would distinguish between the ordinary expenses ot Expenses. a College life which consist of payments included in the College bills, for fees, tuition and the ordinary necessaries of life, &c., and those which attend on mixing in society. The former of these are strictly unavoidable, and if they are to be reduced it must be done by fresh arrangements in the College — the latter are more or less optional, and must depend on theUndergraduates themselves, and the discipline to which they are subject. With regard to the former, the College fees, tuition, &c., are fixed and moderate. So College Expenses, much so that I do not think any objection can be made to them. The whole charge for a Commoner’s tuition is about 60/. for the whole University course, which may be four years, but is almost universally three. I think that good commissariat arrangements might diminish the cost and improve the quality of many articles furnished by the College servants, and included in the College bills. Beer, butter, eggs (to descend to particulars) are charged very high, and the profits on them form in fact the main part of the salaries of the College servants, whose interest of course it is, as a matter of trade, to furnish these things at most profit to them- selves ; and having a legalised monopoly they have not the motive for supplying the best articles, which is the customer’s security with ordinary tradesmen. Of course a diminution in the expense of such articles of daily consumption would tell somewhat on the amount which each Undergraduate would have to pay to the College; but this diminution in College payments would in most cases bear a very small proportion to the other expenses which come under the second head. These are mostly optional ; at least they are so in the larger Colleges, where any one may Social Expenses, live in or out of society as he pleases. I have always thought that if a man wishes to be decidedly economical he may be so best in a large College, such as Christ Church, VTiere he is lost in the crowd, and no one among those of his own standing ever troubles his head about his habits or expenses ; whereas in the very small Colleges, if a man were to withdraw himself altogether from society in order to avoid the expenses of it, he would not only lose whatever advantages may be supposed to arise from the social intercourse of the University life, but would be subject to a variety of petty annoyances and persecutions which it would require a more than ordinarily strong mind to resist. The sum, however, on which a man 4 A2 J80 OXFORD UNIVERSITY COMMISSION. Rev. W. E. Jelf, B.D. Extravagance. can be restrained by University and College Discipline. can live is much smaller than the ordinary expenditure of Undergraduates. I have known several men live respectably for 160/. in society ; and whenever I have been asked what was the proper allowance, 1 have answered 160/., if he is really careful, if not '200/. ; but do not send him up on the smaller allowance unless he be really and practically, as well as in theory and intention, economical. It certainly is a great disadvantage to a man to bo precluded from mixing in ([uiet society, nor would I ever advise such a course but where the circumstances of the case absolutely require it. The requirements of a man who mixes in society vary of course with the social habits and tastes of the company he keeps ; and here again a large College, which admits of many sets, and therefore a corresponding variety of social habits, has the advantage over a smaller College which is but one set. The question how far this class of ordinary expenses, which depend on social habits, may be curtailed is much perplexed by the difference in position and means of those for whom it is wished to devise some general rule. In the same College are men of rank and family, and great means, mixed up with men of the same family perhaps, and in the same social position in the world, but with far smaller means. It is natural and proper that they should as.sociate together at College ; and if extravagance be measured by their means, what is not extravagant in the one is so in the other ; it is needless to add that there is not one out of twenty who will act on the common sense principle of not trying to vie with those companions who are richer than himself ; and to meet in some measure this difficulty is, I take it, the intention and the use of the system of Gentleman-Commoner. If a man has large means, the College recognises the fact, and allows him to indulge in certain luxuries and expenses which are denied to others ; and in Christ Church this does, up to a certain point, answer the purpose ; nothing does more harm in the College than a man coming up as a Commoner with a Gentleman-Commoner’s means and allowance, because he raises the style of expense among the Commoners. There may be many solid reasons why this differ- ence should be abolished, especially if among other privileges conceded to Gentleman- Commoners licence to be idle is included : but I wish to call attention to a point in the question which experience has forced upon my notice. It might perhaps be most feasible to settle the measure of extravagance by the nature and design of the place — it might with truth be said, “What is perfectly proper for a man of large property away from the University is not proper for him here, where, for the sake of his own progress and for the public good, he must be content to live by a common and more moderate rule.” And then comes the question how to settle this rule, and how to enforce it. It seems that the standard must, in most points, be left to the judgment and good sense of the Col- lege authorities to regulate as circumstances require or opportunites offer ; but it would, perhaps, not be unreasonable to lay down as a rule, for instance, that where the usages of University life demand entertainments, the scale should be pitched according to the ordinary requirements in analogous things in ordinary society. The least that a gentleinan could give in his own house should be sufficient for a gentleman’s son in statu pupillari to give. This would strike at those expensive wines and desserts which are sometimes given by men who at home only dream of such things. Could Undergraduates be prevailed upon to accept from the College authorities such a rule among themselves, the matter would be settled to the satisfaction of all parties ; but the question is how to enforce such a rule, and such a scale of expense. It would involve a system of interference, more or less declared, with the every day details of a man’s life, which seems almost unpracticable ; and were it practicable it might be doubted whether it would not do more harm than good, not only by the irritation which it would produce, but by taking away from the freedom of action in such matters, which is of no small importance in educating a man who is to move in the larger sphere of life. In the expenses which arise from individual tastes rather than from the requirements of social life, much might be done I think by enforcing the statutes which at present exist ; for instance, if the statute about keeping horses were more strictly enforced, it would cut off a branch of expense which is commonly found to form no small part of the amount which many a father has been called upon to pay ; but then it must be enforced not only with respect to keeping horses, but to riding in general, or it will be eluded or neglected. If a father wishes his son to ride, let him have the option of procuring him a licence so to do ; but no one in statu pupillari should be allowed to keep or hire a horse without such licence, and should expect if he were seen riding to be asked whether he had such licence or not ; and the same sort of principle might be applied in analogous cases. Indeed I believe that in their spirit, if not in their letter, the present statutes, if really administered, are quite sufficient to check most of the extravagances so reasonably complained of ; but if any benefit is to result from them they must be administered 9 raf/!ta//y and /Mc//ao 2 fs/?/, but still fearlessly and fully, without heeding the clamour both in and out of the University which would be raised by many, probably by the very persons who are most unjust in their complaints of things as they are. I believe, and I am not speaking without some experience, that a, firm and judicious enforcement of discipline would produce that change in the tastes and habits of the Under- graduates themselves, on which must depend after all the efficiency of the University as a place of Christian education — for there is one peculiar advantage in University government which should never be lost sight of either in theory or practice, and which though probably familiar to many I will venture to state here ; that from the perpetual and rapid fluctua- tion in the Undergraduate body, changes, whether for introducing good or checking evil. EVIDENCE. 181 may be carried out with great ease and certainty: the innovation which, in 1851, caused great clamour in College or in the Theatre, will be acquiesced in without question and familiarised to all in 1854; so that a continual system of watchful discipline has no bounds to the good it might effect in those points which either are or might be guarded by statute. To give an instance of this. Within the last ten years there were three clubs held at three principal inns, which (leaving out the fearful moral evils which were part of the con- stitution of at least one of them) caused very considerable expense in dinners and suppers to the members. These were suppressed in three days simply by giving warning that the University statutes for such cases would be enforced ; they have never revived, and their very names are now unknown even to those among the Undergraduates, who would probably have been among their most extravagant members; and 1 believe that dinners at inns, in the coffee rooms or in private rooms (which either run up a bill or else absorb no small which ought to pay necessary bills), might be stopped without very lieve that the ordinary expenses of a College life will be found to de- pend very much on the ordinary discipline of the College : where the discipline is such as to allow irregularity or idleness to pass with impunity, then expensive amusements become part of the ordinary life of an Undergraduate, simply to kill time. Where regularity and industry are insisted upon from all, men are more apt to remember the real character and object of an University life, and are kept from the expenses to which idle hours must in most cases lead. With regard to debt and the facilities for contracting it, 1 believe that something might be done by discouraging and suppressing those irregular and expensive habits whereby either debts are incurred or ready money spent Avhich ought to be applied to the discharge of the regular tradesmen’s bills ; by compelling tradesmen of all descriptions to send in a state- ment of bills which are of longer standing than some fixed time, and by making the punc- tual discharge of bills a condition of remaining at the University. The evil might perhaps be stopped or at least lessened by the powers which the Colleges possess, but only by a system of vigorous measures, which would probably appear very unadvisable to many minds, and which indeed are recommended only by a contemplation of the magnitude of the evil and the necessity for stopping it ; but it has always been my opinion that the readiest and surest way of doing so would be by a legislative enactment obliging trades- men, whether in Oxford or in London, to send in through the College authorities any bills against men in statu pupillari which are undischarged at the expiration of a year from the date of the first item in the account. This would possibly meet the difficulty which arises from the facilities which London holds out. It would I believe be possible for the College to deal with the Oxford tradesmen by shutting the gates against such as did not comply with the necessary regulations ; but the effect of this would be to transfer to London the whole custom of those who are disposed to exceed their means, and of all whom they could influence ; and until something can be devised by the legislature to meet this, 1 do not see how we can reasonably call upon the Oxford tradesmen to drive their natural customers to London ; and even did we do so the evil would not be effectually stopped. I know this to be the practical difficulty which presents itself to many who have most anxiously considered the question in all its bearings. On the other hand, it is but fair that every possible facility and assistance should be given to tradesmen to ensure the regular payment or recovery of their just debts. 1 have always advised them to adopt a strictly ready-money system, and of late years I have been able to point out the success which has followed the adoption of this by a grocer in Oxford ; but they are apprehensive that if this were generally adopted by the more respectable trades- men it would throw their trade into the hands of less respectable dealers in Oxford or London. I must add that in my repeated conversations with respectable tradesmen upon this point, they have expressed themselves sensible that a change in the present state of things would be for their benefit as well as for that of the Undergraduates them- selves. It may be a question whether it may not be possible to devise some means of stopping the destructive and nefarious system of money-lenders in Oxford by some strict legislative enactment. Much might be done by parents or guardians, by a more careful education and a more watchful supervision; but it hardly comes within the province of the present inquiry to enter on this yjart of the subject, important though it be. Much might be done by the Undergraduates themselves. A list of tradesmen is given in (I believe) most Colleges to fresh men, with an intimation that if they employ these men the College has a certain degree of control over them ; and where cases of extravagant debts have come to light such steps are usually taken by the authorities as may seem advisable; but it must be remembered that if every such case was visited with the extreme penalty of exclusion from the College, it might be a question whether the place of the excluded trades- men might not be supplied by persons worse than themselves. I cannot quit this part of the subject without assuring the Commissioners that this mat- ter has long occupied the most serious attention of the University and College authorities: that it has not been for want of the will but of the power that it has not been stopped. At a distance it is easy enough to theorize upon it, and to say it ought to be done, but it is beset with difficulties which to my mind can only be solved by giving the University fresh powers for this purpose ; when this is done, then the continuance of the evil may be fairly laid to the charge of the authorities ; but when the means in their hands are insufficient, it portion of the money much difficulty. I am inclined to be Rev. W. 1£. Jelj, B.D. Dining; Clubs. Debt. 182 OXFORD UNIVERSITY COMMISSION. Rei\ ’W. E. Jelf, ' B.D. Discipline. Houses of ill-fame. Intoxication. is not just to Flame them for the continuance of an evil which they are as anxious as anyone I Us moreover a great mistake to suppose that nothing has been done. It is true there are still startling disclosures every now and then, but 1 am sure that extravagant debts are far less common than they were ten years ago, and that in some Colleges at least tempta- tions to and opportunities of extravagance or needless expense have been cut oil by the <>-radual reform which has been going on for some years. Those who only see what the University still is are naturally impatient at what they see. Those who knew ivliat it was, thank God for the improvement which has already taken place, and look forward in hope to its continuance and increase ; though it may perhaps somewhat pain and discourage t em to see all that has been done so entirely ignored, and what they have been unable to do thrown in their faces as if they had been unwilling to do it. , , 1 1 2. The points in which the well-being of the Undergraduates requires to be protected by a stricter discipline than at present seem to be : the houses of ill-fame, tandem-diiving, intoxication, horse-racing, steeple-chases, &c. , c With rerard to the first the evils need not be specified. The first prayer of ever} Christian parent must be that his child may be preserved from them ; and it seems to me that the University owes it to herself as a place of Christian education, and to those whom she receives into her bosom professedly to educate as Christians, that those entrusted to her care shall be protected as far as her utmost power extends. It is true that the utmost strictness or watchfulness of discipline cannot alter natures or stifle passions ; that those who have no powers of self-control, or are habituated to vice will find the means ot indulgence somewhere ; but it is in the power as it is surely the duty of the University and her officers to diminish the temptations and remove the opportunities as tar as^ possible ; especially out of the way of those who may be overcome by temporary excitein^ent or sudden temptation, which might by God’s blessing pass away if the opportunity of grati- fying it were out of their reach. The abodes or the agents of vice should not be tolerated vvithin the precincts where extraordinary powers are given her for the very puipose of suppressing them. The Commissioners will see that I do not agree with those who look upon bad houses as a necessary evil, or with those who hold that purity is increase y e ^ Intoxication, banished from civilised society in the larger world, still exists, though much diminished yet to a considerable extent, in the very last place where it ought to be tolerated. It would of course be very much lessened if the occasions which expeiience tells us lead to it were suppressed. Supper parties in or out of College, public such as the Eton, the Irish, &c., at which more or less of intoxication invariably dun g the years I knew Oxford took place, might be stopped. And above all care mi ht be taken to guard against the introduction or toleration of clubs for ciicket, to whicir a dinner is attached ; for however regular and quiet may be the founder of such a club, and however moderate their expenses at first, each succeeding genera- tion of members departs more and more from the original intentions and no lules can prevent their doing so. The Isis Archery Club is a remarkable instance of this, original founders were steady students of Christ Church ; the expences of each dmner were specially limited in the rules to a moderate sum ; what it became before it was finall} put down many will remember with regret. There were formerly three clubs of this tion; two of them, the Quintain and the Isis, were composed almost exclusively of bhiist Church men, and were put down by the Christ Church authorities about seven yeais ago , the other, the Bullingdon Cricket Club, still exists, and from what it was when I used to hear of its proceedings, the scenes which take place, and the sono-s which are sung at its dinners, held, I think, once a week, are a curse and a dis- grace tS a place of Christian education. Nor are these clubs and supper parties evils merely as being occasions of intoxication and obscenity to men already depraved, but they are violations of a principle which to my mind ought always to be kept .sity and College authorities, viz., to keep the atmosphere as clear as possible fiom ^hateve may lead astray those entering on their academical life. It is this which, justifies and even calls for the removal of a man whose example or ithers to evil ; and I am convinced that there is no more powerful ^trunient of evil han supper parties, &c. Take the case of a young man coming up from ^ome ^th g^ intentions of living regularly and working hard, looking back with regiet to school follies and idleness (and I firmly believe most men do come up with such feelings, the UniversitV as a place whereby God sgrace he may carry out tlm making progress in religious and useful learning and tra,inino} with which he gkddene his fatheFs heart as he left home: he is invited by an ^hoo fellow to friends at supper : he goes in ignorance of w'hat a suppei party leallyis, t If rorWo'Xur.k himself he%ees others druek, >>^hc.rs cooversatmn and no one can hear without pollution ; he forms an impression of University life Un^ habits very different from what he expected, and unless he is of more than oidinaiy fiim- ness he becomes entangled in the vortex, and then in his turn ^^Aangles others W not know how the Bullingdon Club is managed now but I Christ Church, schoolboys who came up to matriculate were taken "P | ! drunk, and this always seemed to me to be sufficient to settle the question^ ^ J allowed to exist any longer. I believe I may appeal to the Christ Church men iii proof of the evils which state of Christ Church in this respect in proof of the benefits which ° ®"^P pression, which has been gradually but, I trast, finally carried out in that College. EVIDE?;CE. 183 One of these benefits is, that the suppression of supper parties will render far less frequent those punishments, such as rustication, which entail a disgrace and annoyance not only to the offender himself, but also to his family and friends ; for I am sure that by far the greater number of offences which called for such punishments arose from supper parties. Nor, as I have before stated, is there any real difficulty in suppressing such things, beyond the temporary and partial excitement which the exercise of authority may produce Avhen it interferes with favorite pursuits or indulgences ; I say temporary, because in a year or two men have become familarized to the change and feel its benefits ; at all events what has been abolished becomes soon obsolete : seven years ago the Quintain and Isis Clubs were in full operation : in a short time their names were almost unknown to the Undergraduates : 1 say jjartial, because the better sort receive the change with thankfulness, and as the evil disposed decrease with the evil which used to recruit their ranks with a continual supply, the better sort increase : men who come up w'ith ordinary good intentions of going right, have as fair a chance of doing so as the College can secure to them, and they do not so readily swell the numbers of the evil in consequence of not being drawn into evil company and evil habits at their first entrance into College life. Tandem-driving (to say nothing of its danger) produces more serious evils than ai’e imagined by those who look upon it merely as driving one horse before another. I here is an a priori objection against it as an academical amusement, from its being principally indulged in by men whose stay at the University profits neither themselves or others. And it is one of the seemingly innocent things whereby an idle irregular man manages to entrap a well-meaning freshman and get him connected with his own idle and dissolute set ; but besides this it generally involves long expeditions to some distant place, such as Bicester, &c. ; here it is necessary to put up the horses, dinner is ordered, wine drunk, money spent which ought to go to the tradesmen in Oxford ; and the rambles which take place about the town improve neither the moral state or feeling of the Undergi’aduatesnor the character of the University to which they belong ; it sometimes happens that consequences serious even in a worldly point of view are the result of these expeditions. I know a case in which a marriage in ever}' respect undesirable and painful to the friends of an Undergraduate arose entirely from these tandem expeditions. How far the amusement of hunting is compatible with University discipline depends on the view which is taken of the University as a place of agreeable sojoum for a young man at a certain period of his life, or of the acquisition of sound knowledge, and the formation of habits of thought and industry. No one who has been acquainted with the practical working of a College can doubt that hunting does interfere very seriously with College work even when it is indulged in only to a compai’atively moderate amount : but when it comes to hunting three or four times a week, it is needless to say that it almost engrosses the time which ought to be given for at least the six months of the year, which are contained in the academical course, to more serious pursuits. There are doubtless considerable difficulties at first sight in the way of stopping it. Some parents wish their sons to hunt ; when this is the case the maintenance of any rule against it is still more difficult : but supposing it in such cases desirable to allow it to a certain extent, it might be possible to keep it within certain limits by making the permission to hunt within these limits depend on their never being ex- ceeded. There is much which may be urged in favour of hunting ; there is nothing in it morally wrong, provided, of course, it does not violate the wishes of the parent either in point of economy or of industry ; but my firm opinion is that, if the University is to become a place of work for all, those who choose to come to the University for education must be content to relinquish hunting while they are there. If the University is not to be a place of work for all, but men are to be allowed to be idle or industrious as they like, then it may be a question whether the benefits which would result from the suppression of hunting (under certain restrictions) would compensate for the greater evils which might result from other resources of Idleness. As my own conviction is, that all ought to work in some branch or other, according to the talents or preparation or destination of each, I think that hunting ought to be and might be suppressed. In my opinion, a man should either fulfil the objects for which the University professes to receive him or go somewhere else. If he is reduced to a dilemma between his amusements and his studies, solvendum est ambulando — autdisce aid discede, (without any sow fertm), should to my mind be the practical motto of the University. Steeple-chases or horse-racing should to my mind be decidedly stopped. Any one who took part in a steeple-chase or horse-race should, ipso facto, cease to be a member of the University. These things are not only open to the many objections which lie against them elsewhere, but they expose men removed from parental control or supervision, at a very rash and inexperienced period of life, to the acquaintance of those who make their living by the follies and vices of the young. Some of these matters belong rather to University, others to College discipline. As to the points which belong to the former, I think that the powers of the Proctors are sutficient to maintain the necessary discipline, within the limits of which the University privileges extend ; but a great deal of evil goes on in places beyoird those limits, such as Abingdon, Woodstock, &c., which, nevertheless, are easily reached by railroad; and if it be desirable, as I think it is, to subject these places to the University privileges for this purpose, it can only be done by Act of Parliament. I think that it would be important that the legislature should increase the facilities of prosecuting houses of ill-fame by allowing the University Marshal to file an ex officio infor- mation on oath, without it being necessary, as at present, to find some neighbours who are willing to prosecute for a nuisance. Rev. W.‘E. Jdf, B.D. Tandem-driving. Hunting. Steeple-chases and horse-racing. 184 OXFORD UNIVERSITY COMMISSION. Rev. W. E. Jelf, B.D. Evils of the present mode of appointing Proctors. Lodging-houses. Lax discipline of Halls. The tandems may I think be stopped by the ordinary procuratorial power, by consider- ing every gig a tandem in embryo, and applying the penalties enacted by the statute. The club dinners, supper parties, and the like, could easily be suppressed by the autho- rity which the Proctors possess as well over the Undergraduates as the hotel-keepers, &c., who allow such parties to take place in their houses. , . • But however ample the powers of the University may be for these ends, it is needless to add that, to be effectual, they must be exercised. The discipline of the University in these points can only be maintained by the most unremitting personal diligence and exertion on the part of both the Proctors. And I confess that I believe that one chief cause of the im- perfect discipline which has led, and is still leading, to so much evil, is the nature and dura- tion of the procuratorial office. A Proctor during his year of office may, with no slight personal toil and sacrifice, enforce discipline ; he may be succeeded by men of difierent views or different tempers, who will let things fall back again. A Proctor too goes out ot office lust at the time when he is beginning to understand his duties, and the best way of performing them. Again, if there be any crying evil which he is disposed to repress, he is precluded by the temporary duration of his office, from setting about it gradually, so as to avoid unnecessary irritation or eclat; he is obliged either to act more suddenly than he wishes, or else to wink at evils which his sense of duty towards God and man compels him to attack Ao-ain, a man comes up from a country parish to act as Proctor, utterly ignoiant of the state of the University, or of the points in which the reins of discipline require a tighter or a looser hand. One Proctor is one year strict in, comparatively speaking, trifles ot form and etiquette ; next year another Proctor turns his attention to matters of more serious importance. It sometimes happens that, even in the same year, the two Proctors do not pull too-ether— one is strict, the other the reverse— and as they divide their duties by alternate weeks, it happens that the restraints which are kept up one week are not in force the next. In short it seems to me that there cannot be, as long as the present system is continued, any systematic maintenance of discipline. It sometimes happens that a College elects to this most important office a man totally unfit for it, solely on the ground of his seniority ; or if a man is elected who knows his duties, and is prepared to fulfil them, a tutor is generally sacrificed for the year of office, for it is impossible for a man to discharge properly two offices, either of which is enough to engross his whole care and attentiom 1 cannot help thinking that on the whole it might be desirable to have a special ofqcer appointed or elected for a certain number of years, capable of re-election, with a sufficient staff of subalterns, who should be eligible for the higher office. The present Proctors elected as at present, might retain their ornamental and legislative functions, which now in- terfere very much with their other duties. . p • i It seems to me that the vigilance necessary for the prevention of evil requires a larger number and a higher class of policemen than at present, with a superannuation fund to provide for them at a certain time of life or period of service. ■ • . There is no doubt but that very great assistance might be, and in some cases is given to the University discipline by the Colleges enforcing strict discipline within the waffs, or instance, if the statutable regulation about every Undergraduate being in College as soon as the Christ Church bell has tolled were enforced, very many evils which now demand the care of the Proctors would be very much lessened. I am aware of the argument ao-ainst doing this, viz., that if men were brought thus early in College they would occupy themselves in something worse, but I believe systematic vigilance and firmness would cure this very soon. . n ^ i I would add with respect to men lodging in the town, that my experience as Proctor and Censor of Christ Church would make me decidedly opposed to any alteration which might be proposed for increasing the facilities on this point. In no cases is public discipline more difficult to maintain, or more openly set at defiance, than where idle and irregular men, whom the College authorities have been obliged to strike off their books, are allowed to migrate to a Hall where there is barely the pretence of discipline and none of its reality ; it does no good to the men themselves, for they con- tinue in their old habits, in which they are now able to indulge without restraint; and besides the offences which they themselves commit they haunt their old Colleges and ap- pear among their old companions, provoking them to fresh breaches of discipline by the freedom from it which they enjoy. It is quite true that there should be locus pamiteMia, but that is no reason why there should be a locus licentm. In some Colleges (Christ Church for instance) it has been a most wise rule not to give a migrare liceat in such a case : but it must be remembered that the refusal to give a migrare liceat is inoperative at the end of a year, and that after that period the expelled person may be received at any Col- leo-e or Hall without any reference to his former College. It is far better for such men to*^go from Oxford to Cambridge, o?’. m'ce versa, where at least they have a chance of forming new and better acquaintances and habits. i p j e It may be said that increased strictness of discipline will encroach on the freedom ot action of the Undergraduate, and make the University and each College a sort of “ private school ” There might be some weight in the objection if it were true ; but I am inclined to think that, if all the regulations necessary for preventing evil were carried out, an Undero-raduate would still be master of his own time and actions as far as is compatible with hfs own and the public good ; and it must be remembered that it is impossible that men at the University should enjoy unrestrained freedom and at the same time be kept from those things which the University is loudly called upon to suppress. We may let thino-s continue as they are if we are content so to do ; but if they are to be altered it must be done partly by removing temptations and opportunities, partly and (1 think mostly) by EVIDENCE. Iba encouraging and enforcing habits of industry, partly by such measures of restraint as may be necessary for the purpose. I do not think, as 1 have before said, (speaking generally,) that many new powers or measures are required beyond those provided by the statutes. What is wanted is the judicious and systematic enforcement by the University and College authorities of those which already exist. But though it is useless to deny that there is still much to do in Oxford, it is no less useless and unfair to deny that very much has been done and is doing. Any one who knew Oxford twenty years ago and knows it now will admit that things are in many respects changed very much for the better : that Oxford with all its defects has done much to remedy and counteract them. I wish to be allowed to add, that 1 think the hands of the University would be very much strengthened, if in cases where Undergraduates are obliged to leave Oxford for extrava- gance, vice, or insubordination, the Government would examine into the circumstances of each case previous to immediate admission to Government employment. 1 am convinced that the knowledge that expulsion from the University might operate unfavourably on prospects of immediate employment or advancement would supply a most powerful check to extravagant or vicious or idle tendencies. I have spoken so much at length on the two first questions in your paper, that I may not venture to trouble the Commission on the other points, except to say that of the four means of extending the benefits of the University mentioned under question G, the estab- lishment of new Halls seems to me to be by far the most feasible and advisable ; and that an examination previous to matriculation seems to me desirable, provided that some means can be hit upon of not excluding from the benefits of an University course those whose education in the learned languages has been neglected. I have known several men who could never have passed an ordinary matriculation examination, receive very great benefit from the University. I would add, that I believe that the reason ivhy so many men prefer other places to Oxford as a place of theological education, is that they are afraid of being entangled in their old habits of carelessness or idleness ; once make Oxford what it ought to be, a school of sound Christian education for all, and it will be as good a place of preparation for Holy Orders as any of those which are now preferred to it. The other points involve too many considerations for me to be able to answer them without troubling the Commissioners more than I wish to do. I have the honour to be. Sir, Your obedient servant, WILLIAM E. JELF. Answers from N. S. Maskelyne, Esq.^^ M,A., Deputy Reader in Mineralogy to the University of Oxford. Sir, In reply to the questions contained in the communication I received from vou as Secretary to Her Majesty’s Commissioners for Inquiring into the State, &c., of Oxford, dated November 18, 1850, I beg to return the following observations. Question 1. The putting a restraint upon extravagant habits is, without doubt, the first and most important measure for reform. No direct legislative measure, however stringent, taken in the University itself, or imposed by a higher authority, can ever, I believe, do away with this monstrous mischief. You may insist on Tutors examining all bills; a very invidious and unpleasant task for the Tutor, and one from which the feelings of the Student would most naturally revolt. The hiatus between Undergraduate and College Tutor is already wide enough, without thus further extending it ; but I suppose no one would imagine that such a measure could do more than deal very partially with the evil. Again, with regard to legis- lative enactments rendering illegal all debts improperly incurred by men in statu impillari, such enactments are not likely to prevent debts being so incurred. All debts should of course be debts of honour, but there is a feeling very universal that a man’s honour is more deeply pledged to the discharge of debts in proportion as his honour is more exclusively the tribunal before which their validity is to be tried. This feeling will be ever as strong in the breasts of young men at Oxford as it can be anywhere, and will so operate as to neutralize the effects of any enactments such as those I am speaking of, by the circumstance that men will be always ready to acknowledge debts incurred in statu 'pupillari when they leave the University. Fur- thermore such enactments can only be looked on as a protective system, unjust to the trades- man, and putting a premium on extravagance in the Student. The origin of the credit svstem lies in this. The major part, or at least a part sufficiently large to form a leading element in the Undergraduate Society of our University, consists of men, if not of aristocratic order, yet of comparatively wealthy connexions. Where then the connexions of a young mtin are able in general to provide lor him a certain respectable income, and to meet, how'ever slowly and with 4 B Rci-. fr. E. Jdt, B.D. Government examinations. Nev,- IIaees. MatRICI E-VTIOX Examinatiox. Tiieologic.vl Study. N. S. Ma&hehjney Es(]„ M.A. Expexses. For Mr. Maskelyne’s Evidence as Deputy Reader, see Part II., p. 28 6. iV. S. Mushelyne, Esq., M.A. University Exten- sion. Attendance of sli'angers. Professorial Lectures. Matricueation Examination. 186 OXFORD UNIVERSITY COMMISSION. whatever difficulty, the results of his exceeding that; income, a credit system is the immediate result of the working of the first predominating principle of trade, competition. a system will of course go on acquiring impetus by progress, and there will be periods ot its maximum and minimum ascendancy, the latter succeeding to the former according as public opinion or the influence of depressions on private property operate against it at recurring intervals I believe the only cure for the evil is to be found in that extension of the University for uhicii the questions of Her Majesty’s Commissioners furnish such valuable and suggestive hints. By laro-ely extending the utility of the Universities as places of education, and by the necessary consequence of this the large increase of Students at them, the men who can really aftbrd to live expensively must necessarily be in a minority ; they who now give the general tone to the style of living in the place would then no longer do so, and a large intlux ot Students would take place from a class whose habits are of a less luxurious and more business- like character than are those of the generality of our present Students. It would then be imperative on a larger number of men than at present to live economically^ and to pay ready money ; and the natural result would be a competition among tradesmen to supply good and cheap articles at ready-money prices, instead of as at present expensive ones on credit. A ready-money system would undoubtedly react as advantageously on the minds of men at Oxford as the present credit system reacts prejudicially to them. But I se^e no way of chaiwina the latter for the former, other than that of diluting the aristocratic and wealthy elemenrof our Undergraduate society. The respectable tradesmen of Oxford, of whom there are many themselves doubtless feel the evil of a credit system, and would be glad to enter on the competition of a more healthy trade; but until the character of their customers is altered or modifled how are they to do so ? Furthermore, for the same reason th^ it would be well to subriitute, by natural methods of development, a healthy state of trade m Oxford in place ot the present morbid system of credit, so ought we to trust to the working of regular trade prin- ciples and ordinary legal process for the working out and keeping in healthy action that inmroved state. Let the Courts be left open, and render them as accessible as possible. We have in Oxford a very good Court for the purpose. The Vice-Chancellors Court has always deserved the title of an impartial Court of Justice. Its privileges have never, that I am aware of been abused ; it is feared by evil-doers, academical as well as citizen, and is respected by ali. Let its machinery be made as simple as possible, and no County or other Court would better discharge the duty of distributing justice to town and gown, while its authority in matters academical would invest it with a powerful restraining influence over the minds and conduct ot the Members of the University. , i . t .u- i ^ It is then only to an extension, a large extension ot the University, that, I think we are to look for a solution of this difficulty, and not to any enactments throwing round the btudent immunity from liability for debts he has incurred, and thereby putting a premium on his extravaoance. With regard to the best means of effecting this extension, the more the mind dwells mi it the more gigantic seem the questions raised by it ; but these questions will, 1 am sure be grappled with by elder and more experienced persons than myself, and the suggestions involved in Question 6 sufficiently show that these will not escape the attentive consideration of Her Majesty’s Commissioners. , , r • .a . I pass on to Question 6. The determination of the best method of carrying out the exten- sion of the University requires a very large amount of personal experience of Oxford itse as well as a comprehensive acquaintance with the system of other Universities abroad as well as at home. I feel that 1 am not qualified to offer suggestions upon such subje^s. 1 would, however, make one or two general remarks in connexion with this question. Certainly, it 1 am rightly informed in this matter, the most flourishing epoch in the past history mf our Uni- versity was previous to that in which limitations were imposed to the number of Colleges and Halls. Of course the subject is at. present much mixed up with the constitution of the Heb- domadal Board. Whether the difficulty arising from this might not be removed by a different and better constitution of that Board, whether a representative system might not be intriHuced into it whereby all the influential bodies in the University should be represented, such as Heads of Houses, Professors, and Tutors— the Masters of Arts being represented as now, by two Proctors, but these being chosen more than at present by the direct suffrage of Convocation— are questions which, while they will no doubt receive the consideration of Her Majesty s Com- missioners, 1 have to regret that I am unable to offer remarks upon in detail. But vvithout entering on the important questions concerning the extension of the numbers of CoUegiate and Aulic Establishments, I would offer a remark on the subdivision 4 of this Question b. Provided the Certificate given by the Professor were to be the evidence of some real acquire- ment made by the person attending liis Lectures, as exhibited upon examination, or as known in some other way to the Professor, perhaps the permission to attend on Lectures, and carry away a Certificate of having done so, would be useful and desirable, but not otheiwise. 1 here seems no reason wdiy any one should not attend the Professorial Public Lectures, but a cer- tification of a person having done so should only be made under circumstances in "huth that eertification has a value, naiively, as an evidence of proficiency. Of course Certificates to University men are of a different character, and imply simply that they have discharged a certain ostensible portion of a duty imposed by the University itself. The point of whether they have discharged the whole of that duty and have profited by the Lectures is one winch has to be determined by the University in its own Examination. ^ i -j j Question 7. The earlier and more important fact is that a man s education in ust be provided bv schools, and since the character of what is taught in these schools will depend very much upon the nature of the demands made by the Universities at the hands ol senior boj's m them, it would seem an important thing that the Universities should proclaim some standard. EVIDENCE. 187 though perhaps not necessarily a high one, which must be reached by all who would become i\r s Mn.i i Members of them. A Matriculation Examination ought to present an option of a certain ' Es^Ma^ number among rn^y sub|ects, whereby energies and talents for particular studies, as for — ’ Mathematical and Physical Science no less than for Classical Scholarship, would, where thev existed, not be allowed to remain uncultivated. On this ground such a Matriculation Exa"^ mmation must be fraught with good. But it would furthermore be of value as definimr a positive and more or less high starting-point from which all Students in the University niav go on to the further development of their education. ^ •' It IS a great evil that the examinations in the University subsequent to the entrance exami- nation should be kept too low in their standard, in order that they may not be absolutely exclusive to a number of men who never should have been admitted to the University For instance, an examination in Arithmetic should surely not be necessary in any other ilian an examination for initiation ! Perhaps an objection may be made to high standards at exami- nations from the statistics of the examinations. A great part of the “ plucks ” would seem to be the result of idleness, which is itself the result, in some measure, of the reaction of the Jovvness of the standard of our examinations. Many men could, I am aware, never get through the stages to a degree, if this standard were so raised, and it may be ur^ed that these vvould make frequenUy excellent clergymen. If this be the case, their moral qualifications doubtless would weigh with Bishops as a counterpoise to their intellectual or educational deficiencies, but I do not see why they should do so with a University which has to take heed that Its advantages^for a majority of Students be not diminished, and the progress of these retarded by its too fondly maternal consideration for the few. The significance of a Degree would seem to lie in its being a testimonial of merit, however Higher Degrees. th^meiit IS to be tested. Surely nothing else than this should give a Degree a value ! Ihe maximutn of time at present allowed to Students before their going in for their final examination could not certainly for many Students be curtailed. I should think, however at the minimum of time for which they are compelled to wait before going in for that exa- mination after Matriculation might be shortened with advantage. ^ question of what should be the true import of the M.A. Degree is a difficult one; but his Dep-ee should probably be made to differ in the kind of its requirements at the hands of candidpes from that deinanded for the Bachelor’s Degree. It might, for instance, be made to epend on a man s having attended certain courses of Professorial Lectures, of which con- siderable choice should be left to the individual. Or this attendance might be dispensed thews’ Bachelor of Arts should exhibit on examination proficiency in he subjects of such Lect^ures. Ihus the M.A. Degree might be made the evidence that he education in the fundamental principles of his future profession, ca^ZTJ be, while the higher Degrees would evidence his having carried foi ward that education to a point of eminence in his profession itself. Thus the future professions of our Students would be led to by avenues in the University. We even have some of the machinery for this in certain of the established Professorships, which, if it could only be made more effective, might render a man’s residence here, after taking his first Degree ’ desirable for him, provided the expensiveness of Thai., ’fill ^ f be diminished. Were this so, and were our Professorial Chairs filled with first-rate men, there can be no doubt that Oxford would send her own Lawyers to study the rules of practice in the Inns of Court, and not as now send thither oZe"d bfr ' [ Baccalaureate, and to whom Blackstone is an almost un- opened book. She would send her sons at once into Orders without their having to go thmugh process^ of metamorphosis in other hands than her own, and she would send h!r thifher^‘‘''5/ ^ to Study if requisite, in the Hospitals of London, and not send 1 her Students only to whom Physiology is comparatively a new science. It is true that aLZi^BT D s'^dies, to a certain extent, before they ake then B.A. Degree, but after their taking that Degree the University should hold out to their especial professional study further within its walls, and to another s^re die science of it before they enter on its practical details in Qu^tion 8. These four questions require separate consideration. Professoriat Fithpr Z ^ tutorial with a professorial system may be taken in two senses. System. mZ n ^ ®®"'dination of a tutorial with a professorial education throughout a man career or it may n^an a combination of the two in such a way as that one part of that Xahl Ti.e latter Luld seem to offer cot hZl fhZ Z Pdvate Tutorship is a system so entirelv different Ptfftn .l,LtJhe;“mttTal^ Divinitvf he is obbVpd^t’ \ ^ Professor aspires to get a class (in any subject but that of in Oxford have o-nn hour when the whole of the Undergraduates si?oZtZtbfr\^ r^^^^ ^®®'“'-®^ ^drthe day, and are not in many cases disposed to go through further fatigue from continued mental discipline. two el-earme^ns nZ”! ^be physical Professorships. It is to be lamented that two great means of education in the place should be in any collision ; the object of both is the jV. iS. Muskelijiie, Esq., M.A. Endowment or application of Fd- lowslsips and Scholarships. Fiofessovs of the Physical Sciences. Igg OXFORD UNIVERSITY COMMISSION. same, and they should co-operate, and not be antagonistic to each other. The result of the present system is that professorial instruction previous to a Degree is practically igno'^d by College tutors. I believe Christ Church to afford the only exception, in compelling its Undei- eradifates to attend one course of Lectures on Experimental Philosophy. One system under fhe present arrangements must be paramount, and there can be no question winch will be so, so ling as Tutors can compel attendance on their College Lectures to the exclusion of Students from Professorial Lectures^ What the effect of the new Examination Statute will be it is difficult to say It is true that that Statute demands attendance, on the part of all, upon two courses of Professorial Lectures. But had it demanded, as a mimrnum, attendance upon one «mu^ in each term, it would hardly have effected the breaking up ol the educational monopoly of the ^°Thf ^rytlue and importance of tutorial teaching must be fully recognized, but the value of this reachiii.r, so great in the earlier part of a man’s career goes on diminishing just in pio- portioii as his miiidfs becoming more and more fixed upon the particu ar books ^cts he is prepariiK^ for his Degree, until it at last becomes a shackle and a hindrance to him to be contiifed by the trammels of a College Lecture. It is just in the inverse proportion that tl e private Tufor (an office which a superior College Tutor is so capable and sometimes willing o undertake) becomes important to a Student, and if the Professorial Lectures were of a high caste, he could not fail of finding it to his advantage to attend certain of these that might bear upon his line of study ; indeed, to the mathematician or the student of physical science these will be indispensable.' It is probable then tliat if a man were placed under a College tutorial system of teaching for a certain number of Terms, and were then emancipated from the attendance ou Collexperience but little removed from those whom they profess to instruct ; who have no sooner laid in an average stock of knowledge than they are required to dispense it for the benefit ot others. The interval which elapses between their passing from the condition of Pupils to that of instructors is usually too short to admit of their methodising or arranging that knowledge, much less of adding to it from original sources. In most cases, indeed, they are able to furnis i their Pupils with little else than a diluted recoction of the Lectures which they themselves foi-merly received from their own Tutors. 4'hus a vast body of - cram ” is perpetuated from one generation to another, which is only modified or enlarged in order to suit the taste ot a particular Examiner, or meet the demand for increased acquirements. , ■ i i It should be remembered, too, that Private Tutors are at present mere unauthorised adven- turers, who are in most cases selected by their Pupils, according to their reputation or successfully -cramming” their Pupils for the University Examinations The quality and value of their instruction must of course be determined by the object which they have m view. When, therefore, that object is only to make those Pupils show oft their knowledge to the greatest advantage, or, as is often the case, to make them appear to know more than they really do, it is not likely that the instruction which they convey should be of the most solid or useful description. In most cases it consists, as I before observed, ot a large quantity of undigested matter, picked up in a few months, and forgotten still more quickly as soon as it has served its purpose. i t i i With regard to the effects of private tuition on the Teachers themselves I can scarcely speak more favourably. To repeat the same thing, in a mechanical way, six or seven times a_da.y to as many men is the task which devolves upon most Science and History Tutors, and it is an occupation which in no case can be very edifying. This consideration, too, is rendered ot more importance by the fact, that among the men so engaged are to be found some of the cleverest men in the University, and almost all those from whom the College Lecturers ye afterwards selected. Nor do I think that they would be so much more popular than the latter body of Tutors, if they did not perform their duty (such as it is) at the least as actively ycl efticientlv. But what really gives their method of instruction such an advantage ov’er that of Collef^e Lectures is the undiveiled attention which they are enabled to give to each of their Scholm-s singly for at least three or four hours in the week. Now I cannot help thinking that if some of the persons now engaged in Private Tuition were formed into a sort of coys of Under Lecturers in each College, the ranks of the regular l utors might be pyerful y reinforced, and the benefits of separate and direct instruction might be most advantageously xiombined with those of an authorised and well superintended ystyn of educa ion. Unfor- tunately, however, in by far the greatest number of Colleges the Tutors are choyn from a body of men selected, not according to their merits or attainments, but according to the o-rammar-school in which they have been educated, or the county in which they have been born Into the nature of these restrictions it is not my present purpose to inquire, borne, it is pretended, could not be altered without doing violence to the intention of t^ Founder. Others such as those which exclude from competition the natives ot Srotland and Ireland, as well as’ those of certain counties in England, may have been suited to a bygone state of society, but in the present day have become simply antiquated and absurd. The result, however, in both cases is obviously to shut out from Fellowships some of the most deserving men in the Universitv, to narrow the circle of competition to the smallest possible conyass, and to lessen ill proportion the chances of meeting with persons possessed of the rare qualifications requisite U is a well-known fact that in almost every close College it is with the greatest difficulty that two or three men can be scraped together to perform the duties of tuition. Even sup- posing these persons to be eminently suited for the task which tlyy have to dischyge i is linrea'soiiable to suppose that they should prove equal to the work of superintending the studies and conduct of 80 or 90 men. When 19 or 20 pupils have to be crowded into the same EVIDENCE. 197 lecture-room, without any regard to their respective acquirements or abilities, it is not G.O,M^gm,Esq surprisino- that Undergraduates should be driven to seek such instruction as they can get from their private Tutors, while they are, at the same time, forced to go through the somewhat useless form of attending Lectures from which they derive no benefit, and the real inconvenience of payino- for instruction which they do not receive. I have spoken thus strongly on this subject, because I feel convinced that unless some steps^ are taken for securing to each College a greater number of efficient Tutors, the method of private tuition, however objectionable it may be as things now stand, will remain the only one generally resorted to by the Undergraduates of the University. I have the honour to be. Reverend Sir, Your most obedient Servant, G. O. MORGAN, M.A. The Rev. A. P. Stanley, §’C. ^c. ^c. Answers from Stephen Charles Denison, Esp, l\l.A., late Stowell Fellow of University College, Deputy Judge Advocate General. C. Denison, Esq., M.A. Sir, 4, Harcourt Buildings, Inner Temple, July 11, 1851. the send Evils of the present state of legal edu- cation. I BEG to submit to Her Majesty’s Commissioners the following suggestions on 7th and 8th points contained in the printed paper which you did me the honour to to me. . . I have long thought, and every year’s experience strengthens ray conviction, that the Legal Education, Universities might most efficiently, easily, and cheaply supply a want which I believe all lawyers of the present day agree in thinking a very serious one, and the evils of which, both immediate and remote, can scarcely be overstated, — I speak of the want ol an elementary education in the laws of the land. At present no Englishman destined for the bai knows where he can acquire the rudiments of the science of law ; tor this plain reason, that no persons exist whose special business it is to teach that branch of knowledge in the manner in which it ought to be taught. , . „ A very few words will suffice to make this matter abundantly clear. The usual routine ol what is now' called a legal education is as follow’S : a youth of 22 years ot age, alter completing his studies at the University, comes to London to commence the study of the law'. He is entered at one of the Inns of Court, is received as a pupil for a year by some eminent con- veyancer, to whom he gives 100 guineas for the privilege of going daily to his chambeis and seeing the business there transacted. That business is ordinarily the most technical, compli- cated, and difficult in the whole range of legal practice ; and requires great professional know- ledge and considerable experience in particular departments of the practical concerns ot life. It is therefore obvious that the special knowledge there to be acquired is purely practical, and is confined to few subjects. The youth soon finds that, at the cost of 100 guineas, he has purchased the right of walking blindfold into a sort ot legal jungle. Masses of papers aie placed daily before him, every sheet of which contains numberless terms, as new and stiange to him as the words of a foreign language, and the bare meaning of which he rarely arrives at before the clerk announces that the client has called to take the papers away. Fresh masses of papers replace those that have been thus untimely removed, and bring with them tiesh grounds of vexation and despair : and thus throughout the whole year of his pupilage the youth has to struggle with difficulties which are an hundred-fold greater than they need have been, had he been fortunate enough to have learnt the alphabet of legal science before he undertook to grapple with the most subtle, abstruse, and difficult details of its practice. This unpto- fitable and disgusting year at length over, the youth is doomed to go through a second yeai of the like probation, at the same cost and almost as unprofitably’, in the chamber of a special pleader or an equity draftsman ; and by the end of that year he is either so bewildeied or so W'earied with wandering through the seemingly endless mazes that obstruct the very appi caches to his profession, that he either gives up the attempt as hopeless, and becomes a clergyman (an event of extremely’ common occurrence with Oxford men), or finding out that he is at last beginning to feel his way a little, hopes, by dogged perseverance, to attain, sooner or later, to a knowledge of that art which he sees very many persons of only average capacity practising with credit and success. Accordingly' he spends a third 100 guineas and a third year of his life in the chambers of a special pleader or an equity draftsman, and is then called to the bai. After these three years of painful drudgery, what has he acquired ? A comprehensive know- ledge of the general principles of law ? A clear outline of the various rights and liabilities, political, civil, ecclesiastical, military, and maritime, out of which all legal questions arise in an infinite vaiiety of practical forms? Nothing of the kind ! Almost the whole ol his attention has been riveted upon the machinery of law ; he has attained some familiarity with the routine of certain branches of practical detail ; he has become a handicraftsman more or less dextrous ; he has stored his memory, or his common-place book, with a multitude of niodern cases and precedents; but he has yet to learn the science of law, and to learn it for himself as he best may, with three of the most valuable years of his life already consumed on studies of a directly opposite character, with a mind broken into routine, under circumstances which are commonly very unfavourable to studies of an abstract character, and at a time when he is disposed to measure the value of professional knowledge by its present marketable value alone. Is it then to be wondered at that with such an education as this the English bar have, as a 198 OXFORD UNIVERSITY COMxMISSION. S, C. Denison, Esq., M.A. The remedy to be sought in the study of the general prin- ciples of juris- prudence at the Universities. body, the reputation of beincr grievously deficient as jurists, while they are eminently skilful as mere legal mechanics? That with some few bright exceptions, our law' libraries contain nothing of English growth but reports, indices, and compilations, while America furnishes us with works of depth ar.d comprehension? That our legal sy.stem should be cumbrous, com- plicated, inconsistent, enormously expensive, and singularly difficult to amend ? That this country should present the strange and unseemly spectacle of a vast amount of its judicial business transacted in Courts presided over by men who have never spent one hour oi their lives in any sort of legal study ? And that our statute book should seem to be constructed rather on the principle of legislating by a curious machinery of countless conflicting enactments than by the operation of an intelligible, harmonious, well-digested system of law? But it would be endless to enumerate the mischiels even directly arising from the want of legal education in England ; and the indirect mischiefs, though seldom thought of, or perceived, and still more rarely exposed, I believe to work insensibly yet surely a wider, deeper, and more lasting injury to society than many other social maladies which are commonly thought to demand the especial care of the Legislature. The want suo^ofests the remedv. Let some knowledge of law be deemed a desirable element of a liberal education; let the Universities give to the youth of England an opportunity at of acquainting themselves with the general principles of jurisprudence ; let it be their care to rescue the Student from that cramping drudgery which now stunts his faculties at the very outset of his career ; and let them send forth their scholars into the arena of practical life, furnished with the rudiments of that knowledge, the want of which is discreditable to a statesman and a magistrate, and the possession of which every educated man would find throughout life to be more or less valuable in an infinite variety of ways. Can this be done, and how ? Nothing more easy. Simply by providing a competent teacher of law. Once find a man who can and will teach, and let the University make it worth his while to devote his life to teaching law in the manner in which it ought to be taught, and the end is gained. There will be no lack of Students. A science which deals practically with the lives, liberties, property, and fortunes of all, will be found interesting to all, if it be not presented them in a revolting shape, and entangled in amaze of subordinate machinery which, though a necessary part of the mental furniture of a practising lawyer, only serves to embarrass the progress of the Student, and to obstruct the freedom of his view. But a Teacher, who is to be really efficient, must not be a mere reader of written Lectures. The rudiments ol law, like those of all other practical sciences, must be worked into the mind more by the constant teaching of a Tutor than by the occasional essays of a lecturer.* The sort of man best fitted for the task seems to me to be one who, after groping through the dismal labyrinths which now form the “ avenues ” to the law, and having experienced all the vexations of that dreary toil, has passed several years in the real practice of the profession, and attained to a general knowledge not only of the science but also of the art ot law. Such a man would be able to illustrate abstract principles and general rules by actual instances fresh from his own experience, and would be able to put a new life into the dry though excel- lent maxims of Aristotle’s Rlietoric and Cicero de Oratore, by grafting upon them examples drawn from the famous state trials of our own country, so full of interest to youth, so rich in instructive learning, but now, alas ! so little read. Let the Vinerian Professorship of Law be made a working reality, instead of what it has ever been since the time of living memory, a sinecure and a sham, and Oxford will soon become a school of jurisprudence, which will not only invigorate youth for the more practical and severe studies of the Inns of Court, but will gradually infuse into the English law a more healthy, liberal, sensible, and scientific spirit, and thereby do an incalculable service to the nation. 1 am happy to be able to add, that the above suggestions do not rest merely upon my own authority; I have had the honour of submitting them to Lord Brougham, Lord Denman, and Mr. Baron Parke, and am authorised by those distinguished persons to state that they have their entire concurrence and approval. ’Vith regard to the pressing need of some general elementary education in the laws of the land, I believe no person at all conversant with the matter feels any doubt ; and perhaps the Ibllowing extract from a work of admitted ability may be taken as a correct expression of the opinion of thinking men upon the subject : — “ The first and chief point in the secular education of a free people ought to be a thorough knowledge and understanding of the principles on which the institutions and laws they live under are founded. But if there is one subject less studied and less understood than another in England it is this. Neither in our schools, our Colleges, nor Universities, is it taught ; nor does the literature of the day help its acquisition. M ithin the walls ol Parliament and wiihout, among every rank and profession, a profound indifference or positive distaste as to a subject of so much importance equally exists. Formerly the case was tar otherwise; and it is to the existence of a far different spirit that we owe the maintenance ot the liberties of Eng- land.” — (^Local Self-Government, by J. Toulmin Smith, Esq., 1851.f ) * It will be observed that I speak only of t\\e rudiments. In Legal Science, instruction must be finished in the Courts. There every trial is a set ot Professor s Lectures, more or less complete. In most other sciences, Tutorial instruction will be properly followed by attendance in the Professor’s Lecture Room. i' The above complaint, that an elementary knowledge of law forms no part of r/enera? education, becomes more serious, when coupled with the consideration that even the present system ot special instruction in law is pronounced by an indisputable authority to be very inadequate and unsatisfactory. Lord Campbell says (Ch. Just. vol. ii. p. 326. Life of Lord Mansfield). — “ The false maxim on which legal Education now rests in England, — '■every man to learn as he likes,’ (or ‘ laissez rien faire,’) receives some countenance from his [Lord Mansfield’s] example. Where there is a combination of enthusiasm and EVIDENCE. 199 But though the need is acknowledged, a question is made as to the best mode of supplying it. At a public meeting of the Law Amendment Society on 18th June, 18ol, at which Lord Brougham was in the Chair, a motion, made by Mr. Bethell, Q.C., “That it was highly desirable that a school of law and jurisprudence should be founded m connexion with the Society for Promoting the Amendment of the Law,” was carried unanimously ; and the mover, in an admirable speech, exposed the various evils attending the present want of legal education, and intimated an opinion that means might be devised of supplying, at the Inns of Court, not professorial instruction, which he admitted would be insufficient, but tutorial teaching, such as existed at the Universities in other departments of learning, which he thought absolutely necessary. It is with considerable hesitation that I venture to differ even in a matter of detail with so eminent an authority, but having had some experience in the tutorud practice of teaching law in London, I feel satisfied that, as a general system, it would not be successful. Many circumstances combine to render such a method inefficacious in London, the very contrary of which exist at the Universities. (1) . As it is very important that a knowledge of the principles of Law should be deemed a desirable element in a liberal education, it should be taught at those places which usually form the final stage of general education, as distinct from special or professional education At the Universities all youth, who were so disposed, might study it; whereas, if taught at the Inns of Court, it would be extremely unlikely that eldest sons, or indeed any persons except those des- tined for the Bar, would subject themselves to the needful restraints, or have the same stimulus which would naturally attach to an University course of study. In short, it would be too late to begin it when the University career is completed. After leaving the Universities, young men are, naturally enough, quite weary of Tutors and teaching ; they long for freedom both of thought and action, and will rarely recommence their pupilage and encounter a fresh series of examinations. But if the Tutorial system means anything, it involves all this. i i • j j j. j- (2) . It is highly desirable to combine with the elementary study of Law the kindred studies of Logic, Rhetoric, Evidence, and History, all of which might be eminently useful to illustrate, enliven, and vary it, while Law might in its turn give to them a more real and practical bearing than they have at present. All this would quite naturally be done at the Universities, whereas it would not, and probably could not, be done at all at the Inns of Court. (3) . It is admitted in the Report of the Law Amendment Society (Eighth Annual Address, p 9) that “ the great difficulty which has impeded the operations of the Committee in esta- blishing a Law School has been the want of funds that “ a Law School is necessarily a costly undertaking.” But at the Universities the only cost will be an adequate salary to one efficient (4) . It is proposed that in London the teaching should be gratuitous. ‘ The Lecturer should be put to no expense. He may be willing to give his time, but no other demand be made upon him.” (Ibid.) But a system of gratuitous instruction in Law can scarcely be lasting, and will probably be worth very little while it lasts. Many other objections to the above plan will readily suggest themselves. But even assum- ing that such a scheme were practicable, it does not make it at all less desirable that the elements of Law should be taught at the Universities. The two plans may co-exist without m the slightest degree interfering with each other. And this much seems clear, that if the lutorial system is practicable in London, it is so, d fortiori, at the Universities. . , tt tu • ? I take the liberty, in conclusion, of adding a few practical suggestions, which Her Majesty s Commissioners may possibly think not undeserving of attention. tt • 1st. It would probably not be advisable to make Law a necessary portion of University studies. My reasons for thinking so substantially resolve themselves into this, that Law would be more efficiently taught to those who cared to learn it by a voluntary than by a compulsory system. „ _ 2nd. As, I believe, by the late Statute it is proposed that there should be “ a course ot Eaw in connexion with Modern History,” it is desirable that this course should come at the end of the University career rather than at any earlier stage of it, and should be open to all persons. Graduates as well as Undergraduates. . . . t , 3rd. There seems no reason why there should not be regular examinations in Law, and S. ( steady perseverance, the want of means of instruction provided by the State is little felt, and tes s o pro ficiency by public Examination may be dispensed with ; but I conceive that, in regard to the giea mass o Students entering a learned profession it is necessary, by institution and discipline, to guide inexperience, to stimulate indolence, to correct the propensity to dissipation, and to have some assurance a ose intrusted with defending life and property are decently well qualified for the duties which they may e called upon to discharge.” i u,. Again, in the Life of Lord Somers (Chancellors, vol. iv., p. 69). “ The ‘ Readings and Moots by which the study of the law had been carried on since the establishment of the Inns of Court were ^ ^ S into desuetude, the ‘Exercises’ by w.hich proficiency was tested were now becoming empty lorm^, sue as we find them, and the system of Pupilage was beginning. This has since very imperfectly supp le of the training for the profession in England which prevails elsewhere under regular Professors appoin e o eac i the Law of Nations, the Civil Law, the different branches of Municipal Law and Medical Jurisprudence, with examinations and theses, to show that the aspirant is fit to be intrusted ^mih the duties of an A voca e, an qualified to fill the offices to which, as an Advocate, he may be appointed^’ , n u * The salaries of the County Court Judges are 1,000/. per annum. It would therefore be unreasona e to expect to secure the services of a really competent Barrister at a lower rate ; and as it is irnpossi e o suppose that the nation will long remain blind to tbe wisdom of providing the County Court J udges wi retiring pensions, while such provision is thought needful for the Judges of the Superior Couits, it is o vious that the like need exists in the case of a Professor. If it be worth the vyhile of Universities to learning at all, it is surely worth their while to cultivate it in the most efficient manner. o ’ J 4 j] cultivate ). Denison, Esq. M.A. 200 OXFORD UNIVERSITY COMMISSION. S. C. Denison, Esq. M.A. Herman Merimle, Esq., M.A. Hestrictioxs ox Fellowships. Advantages of Close Fellowships, honours awarded to those who distinguished themselves at such examinations. Further, if those honours could be solidified hy being connected with Law Scholarships, so much the better. 4th. It seems desirable for the Universities to put themselves into communication with the Inns of Court, with a view to having competent examiners in Law nominated by the Benchers, and to having an earlier admission to the Bar made in some manner dependent on the result of those e.xaminations. I have, Sir, the honour to be, Your obedient Servant, STEPHEN CHARLES DENISON. Answers from Herman Merivale, Esq., M.A., late Fellow of Balliol College and Professor of Political Economy, Oxford, With every disposition to extend the utility of Fellowships, both as incitements to progress and as provisions for men likely to be serviceable to the University and to society, I cannot, nevertheless, subscribe to the opinion of those who would wholly abolish ‘'Close” Fellow- ships, meaning such as are confined to natives of particular localities, pupils of particular schools, &c. I think ‘‘ Close ” Fellowships serve to a certain extent the public good, by at once rew'ard- ing and rendering useful the merit of a particular class of men to whom unlimited “ com- petition” does not afford that fair chance of success to which, on a wider and more liberal view of things, they are entitled. “ Success according to merit” is a very fallacious phrase, and deceives many. It is no " merit” to be taller or handsomer than another man, or more clever. If you give Fellow- ships or other substantial rewards to the “ cleverer” man, you do so not because he has “ merit,” but because you want him ; because you think it good policy for the interests of your College, or of society, to encourage “ cleverness.” “ Merit,” in the only sense in which the word is worth dwelling upon, means the patient and self-denying cultivation of those talents, whatever they are, with which the individual has been gifted. I am, of course, far from saying that the present system does not result in rewards to this true kind of merit” in many cases, but I think, in my own times, those cases were decidedly a minority. Mere “ cleverness ” was far more often the real power which carried the day, though, of course, not without a certain amount of industry. This is so in life, and must be so, no doubt, to a great extent in University success also. It is proper that it should be, but not so exclusively as the existence of none but Open Fellow- ships would make it. It is difficult to overestimate the advantage which quickness and natural ability give (or gave in my time) in examinations for Fellowships no less than others. 'H yap Tt^vr) /tacpa, b Ik (i'loe Ppayvc, b be salpoc o^iig, be ■Ksipu acpaXepi], was a maxim as applicable to University “ life ” as to actual. There was much to be superficially learnt in a short course of three years. The slow and diffident missed opportunities which the bolder seized, and a single failure was with difficulty reparable. It was impossible also to resist (particularly in examination for Open Fellowships in small Colleges) the appeal of graceful talent — of that which involved the greatest mastery of mere language, the greatest appreciation of beauty and refinement — though, of course well known to be less generally combined with industry than attainments and disposition of a more solid kind. The society of the common room ” was one of the things to be provided for, and caused pre- dilections which could not but interfere with the severer rule of decision which made industry a predominant claim. But unfortunately this is not all. The race at Oxford is not, or was not in my time, simply to the swift, it was also to the rich. He who could pay for a private Tutor had, ccsteris paribus, advantages quite incalculable over him who could not, and rather particularly, I should say, in Fellowship examinations. Few things in my own Oxford experience made a more painful impression on me than to ^e, time after time, the patient, laborious, self-denying man fell in competition with the dashing clever fellow, who was not worth a tithe of him, or with a man of his own order who had, through better means, enjoyed the advantage of private tuition. But I believed then, and still believe, that such things are unavoidable, and that na,tural ability, and wealth too, will always enjoy certain advantages in absolutely open competition. This is no reason against open competition, it is only, in my mind, a reason against making it the exclusive rule. A limited number of Close Fellowships used to rectify the inequality, no doubt in a very imperfect and anomalous way, but still to some extent. They were loop- holes through which substantial “ merit,” less assisted by natural powers, might, and often did, creep in to its proper place. I have also a subsidiary reason for this opinion, though an infinitely less important one m my eyes, and one which, for aught I know, may have less weight now than formerly ; I allude to'the difficultv of keeping small Colleges properly served with Tutors and other officers. At Balliol where I had a Fellowship, the competition for the open ones was very great, and tiie EVIDENCE. 201 successful candidates, being generally men of ambition as well as ability, who got them went rapidly off into other pursuits. The difficulty of finding Tutors among them who would remain for any time was very great indeed. Under these circumstances our three or four Close Fellowships (Tiverton School, I think, and Scotland) served us well. They furnished, in my time. Tutors who remained (I think) a long time with us; and certainly under their tuition the College continued to maintain its character in the schools. I may, of course, be met on this subject by the example of Cambridge. I would say in answer — 1. That with all the admiration I unfeignedly feel for the great things done and doing by that University, with a consciousness that it has in many things out- stripped us, I certainly think the general result of its system does show something of the disadvantages, together with the excellences, of the practice of unlimited competition. 2. That much of the evil I have above described as attendant on it is far less applicable, or not at all, where mathematical proficiency is the main thing rewarded. It is true, of course, that quickness and natural ability have there also their great advantage, but they cannot suc- ceed without much labour and self-denial, temporary at least ; and mere industry, without remarkable talent, has a much better chance of at least moderate success. It may then be said, alter the Oxford line of study and examination (both in the schools and for Fellowships, for they will inevitably resemble each other) so as more nearly to resemble the Cambridge, so as to be of a tougher kind, more absolutely requiring concentration of intel- lect and severe study. This would open too wide a field of inquiry for me; suffice it to say, that I believe it impossible, in the main, except by adopting the certain sciences as furnishing the ruling test of excellence; not practicable even to a limited extent, without destroying much of that more discursive and general turn of thought — much of what we used to call, by an affected but convenient term, the Oxford t}Qoq — a change which I am not prepared, without more thorough consideration than I have ever given the subject, to v/ish for. I need only add, that nothing I have said here is intended in the least degree to apply to great close foundations, such as All Souls, New College, &c. &c. Those must stand or fall on considerations of a different order, into which I do not here enter. My arguments are only against the total abolition of Close Fellowships. My view's on this subject having been formed some years ago when I was acting as Pro- fessor of Political Economy, may require a good deal of modification to suit what has been smce effected in the University, particularly (if I mistake not) by a statute of last year. But I am altogether unacquainted with these recent changes, and take the liberty of addressing you suggestions formed on the state of things as it existed in 1843, because I am well aware that you will be able to make the necessary corrections. It appears to me very desirable at once to extend the range of study in Oxford, so as to comprehend other subjects besides those which now entitle to University honours, and also to render the professorial body directly useful in connexion with the ordinary academical course. I would therefore add to Classical and Mathematical and Physical, a third division of honours. (Whether the same purpose would not be better answered by leaving Mathematics to stand alone, and connecting Physics, which at present is rather an unmeaning name, with the new third division, is a question of detail which I pass over.) Honours in this third division should, in my opinion, be attainable only after taking a com- mon or pass Degree in the ordinary studies. And I think a somewhat longer interval than is or was in my time used between the pass examination and the examination for this new division of honours would be an advantage, but not to exceed two terms or a year at most. I should have no objection to making this third division very comprehensive as regards the “subjects” which might be taken up. But I would not allow more minute and restricted “subjects’ — mere branches of natural science for example — to qualify for honours by them- selves. Ex. g. I would not give a first class simply in Geology or Mineralogy, &c. It should be in connexion with a competent knowledge of other branches of Physical Science, although the special excellence should have its fair weight given it to counterbalance other deficiencies. So “ Political Economy” should not suffice by itself, but only in connexion with a competent knowledge of Modern History. ^ On the whole, I think three, perhaps four, general heads would exhaust the classification, viz.. Physical Science (independent of Pure and Mixed Mathematics), Oriental Languages, and Modern History, with the connected subjects ; adding, perhaps, (but of this I am doubtful,) Modern Literature and Languages. I would not, indeed, prevent an aspirant from “ taking up’’ subjects under more than one of these heads ; but I should not encourage it: and he should get at all events only one first or second class. I should not be at all desirous of making these new honours common. The number should be small, and fixed, in my opinion, so as not to exceed a maximum, say of six first class and six at second each examination, and no third class. The conditions to entitle a man to stand for these honours should simply be, 1. A “ pass,” as before stated. 2. Certificates of attendance on whatever might be fixed as the proper num- ber of courses of Lectures in the subject or subjects taken up. For various reasons I would require no other test, no preliminary examination by Professors, 4E 2 Herman Merivale, Eaq., M.A. Extension of University Studies. Herman Merlvale, Esq., M.A. 202 OXFORD UNIVERSITY COMMISSION. Ar flip lilfp All should be open to those who had simply complied with the formal condition l“ W\h honours in view. I have no doubt that such attendance wouid be a substantial thinc^ in all cases where the Professors were worth attend ng As to the examination for these honours, I think that it would probably be best conducted bv a distinct Board of Examiners appointed each time, pro hac vice, with the assistance of the ProtorTi eacir,, articular branch as required. This Board should not be formed ofneccs itv f f pf nYlArrl men at all With the facilities of communication which now exist, I ha^no'Sb tha?WnSg ^litlerfrorn all quarters, competent Boards might easily to obtained wte any cost, elcept that of such trilling remuneratton as mtght cover the '^'¥hk woulThM^^hTadditlonal advantage of to some extent satisfying a want which was verT muTfelt in my time, by giving men of celebrity and attainments, now unconnected with Oxford, an interest L her aSairs, not merely as idle visitors, but as occasionally taking a part in her business and witnessing her progress. H. MERIVALE. Rev. John Griffiths, M.A. Expenses. Discipeine. Constitution. Vice-Chancellor. Proctors. University Extension. 1. Halhs. 2. Lodgings in connexion with Colleges. Ammers from the Rev. John Grifiths, M.A., Fellow and Senior Tutor of Wadham College, Oxford. Havintr been favoured with your circular letter of the 18th of November last, I of society which has long since passed, and so destroy half at least ot the oene derived tarn Sem'to TeT p«*css sufficient “powers to enforce ’ A rigid enforcement of it cannot to "10, except^^^^^^^ rberroXXSrth’: raToijecTof k“cipS,“ts 0 ^, cannot but vary with the personal character and conduct of those who have to exercise it. t 11 I think it both proper and expedient to abolish “ the distinctions between Com- pounders and ordinary Graduates,” and I have no doubt they will be abolished, or greatly modified, on the determination of the present vested interests. I think it proper likewise to abolish “ the distinctions made with respect to parentage at matriculation, an con- tinued to some extent at graduation; but I do not see the propnety or advantage ot abolishing, even if it be desirable to modify, the distinctions “ between Noblemen an o er students.” “ Gentleman-Commoners ” also I would retain, whether under that any other, giving them academical rank, and allowing them certain indulgences w ic would absolutely refuse to ordinary Students, for instance, permission to keep a horse or to hunt. By a judicious arrangement of this kind, both in the University statutes an in College regulations, I think much extravagance might be prevented on the part of those Students whose parents cannot afford it ; while at the same time I see no leason w y t e sons of wealthy families should in Oxford be rigorously debarred from comforts or amuse- ments to ivhich they are used at home. j F 12. I believe that Oxford itself now possesses “ the means of fully qualifying students tor Holy Orders,” and that there is no “ necessity of seeking theological instruction in ot er 13. I do not see how “ Colleges and Halls,” except perhaps those Colleges whose founda- tion-members are very numerous, can ever be reasonably expected “ to furnish adequate instruction in the subjects now studied and in those introduced by the recent examination statute ;” if they could, I apprehend there would be no need of Professors. 14. I think the present “ system of private tuition” very injurious indeed, fostering Private Tuition. indolence in College Tutors, encouraging idleness in the great mass of Students, and not supplying instruction in a healthy or improving way even to the reading men. 15. “ Bodley’s library ” would be “more generally useful than at present, if it were open during the same hours in winter as in summer ; if there were attached to it a sp^ious and comfortable reading-room, in which conversation should not be allowed ; and it boo s might be borrowed from it during the hours or days when it is shut. In some rare cases, as for the use of editors, I would allow books to be borrowed for a longer tune, and even to be carried away from Oxford ; but I do not think that a general permission to do t is would render the library “ more generally useful.” , . . tt 16. I think it would be proper to lay “periodical statements of the University accounts ^ni^versjty before Convocation,” if the knowledge of them could be confined to members ot Convoca- tion.” Gentleman- Com- moners to be retained. Theological Study. Inadequacy' of PRESENT MEANS OF Instructiion. Bodley’s Library. I have the honour to be. Sir, Your obedient humble servant, JOHN GRIFFITHS, The Reverend A. P. Stanley, Secretary to the Oxford University Commission. 204 OXFORD UNIVERSITY COMMISSION. Itev. J. R. T. Eaten, M.A. Expenses and Idleness. University restraints. College restraints. Answers from the Eev. J. E. T. Eaton, M.A., Fellow and Tutor of Merton College, Oxford. Sir, In answer to the questions which you have addressed to me in the name of Her Majesty’s Commissioners for the University of O.xford, I am happy to be able to furnish the following information and suggestions. I have been careful to separate the information I feel at liberty to supply, from the suggestions called forth by your first communication, because, while anxious to render any assistance towards the formation of your opinions on this subject, my ability to suggest must be very inadequate. The evils naturally attendant on the course of an academical education may be described as extravagance and idleness. The degree of their prevalence may safely be assumed as the test of the efficiency of any University. Every measure, however, successfully directed against extravagant living must equally tend to check idleness. And further, extravagance must be considered in itself something relative, and not of absolute application, though there be certain absolute limits of expenditure applicable to all. In the English Universities we have two systems by which to reduce extravagance and repel idleness: I mean the University and the College. (A) The Universityl All University measures must of necessity be general — the Colleges supply a more discrimi- nating instrument. There are but two ways, as it seems to me, that the University can directly discourage extravagance. They are — I. By denouncing strictly all decidedly expensive amusements, as it does, or attempts to do, all dangerous and immoral ones, e.g., shooting, gambling — I would instance hunting, which is at present practically, if not properly, allowed. Experience has shown that no reli- ance can be placed on the discipline of Colleges in this respect. When it is allowed or connived at by a single College, it is difficult to restrain it in others, especially where the amusement is not beyond the means of the Student, or the wishes of his friends, II. By introducing a more stringent .system with respect to debt. The present Vice- Chancellor’s Court, though formerly much more efficient when the bills of Undergraduates were necessarily incurred within the City of Oxford, is now practically without means to enforce its restrictions, and, without an increase of powers, must remain so. I am not asserting the advisability of restoring the jurisdiction of this particular Court. I am not sufficiently informed to do so. But the system seems to me a good one as containing the following element : — (i) It represents the idea of a single fixed Court into which the debts of all persons, in statu pupillari, should be brought. To this might be added — (ii) The restriction within such Court of fixed limitations of credit-periods, that is, beyond which debts become irrecoverable by not having been presented in Court, This last precaution obtains, I believe, at some Continental U niversilies (e. g. Gottingen), where credit is in some cases unlimited, in others limited, in others unallowed. It is more directly within the power of the University to discourage idleness, viz., by holding out such rewards, both of emolument and honour, as may supply incentives alike to the poorer and to the independent Student. For this purpose there exist at present only — (a) The machinery of the Class List, (S) A certain number (eleven for all subjects) of Scholarships, two of which only owe their endowment to funds drawn from the University, together with seven prizes for compositions principally of private endowment. {a) There is not, I believe, any just reason to doubt that the system of the Class List has hitherto worked satisfactorily. It may perhaps be doubted whether, under the new statute, it will not be too cumbrous, wdiile it is evident an over- distribution of honours defeats its own end. It might be considered too whether, in case of the extension of the University to a poorer class of Scholars, the choice of honours of a substantial character might not be allowed to poorer men, (ft) An increased number of Public Scholarships, at least for distinct departments of knowledge, might well be advocated. At the present time there is no en- couragement of this kind to the pursuit of Moral Philosophy, Logic, or Scholar- ship after Degree, and only of certain kinds of composition up to that period. I speak only of the branches of learning which fall under my own observation, but the remark might be extended. A few open Fellowships, known to favour different qualifications, are the only encouragements to study after Degree. Surely the foundation of public Scholarships is an academical work. Within this part of the subject would fall the consideration of any distinction wdiich public opinion may be willing to attach to Academical Degrees. The examinations procuring these are strictly only in abeyance, and it might well be considered, especially in the case of Fellows of Colleges, whether these should not again be enforced as one mean to ensuring a more thorough prosecution of study. (B) The College, Any complaint of extravagance which may at present attach to the Universities will be found, I believe, on examination to belong principally to the private habits of the Student. EVIDENCE. 205 And these, after a1], will be regulated more by character and sociaE example than by any Rev. J. It. T. Eaton external legislation. M.A. The expenses of tuition, room-rent, and College charges, will be found on comparison to be very little reducible (University dues and the expense of Degrees are not included in this remark) ; but Colleges have it in their power to limit even the private expenses of Students. (i) By direct regulations as to amount of battels and expense of furniture. (ii) By encouraging Students to deal for articles of private expenditure, 8 I quite enter^into the Uew of combining the Professorial with the Tutorial system. l am very str^crW impressed with the importance of the latter m promoting a wholesome moral 2ence oZr the minds of the young men; but much additional advantage might, I think, accrue to them by superadding that kind of instruction which might be expected liom the Pr fessorial Chairs, a^s bearing more or less upon the studies m which the ® tTe^Pm- with their Tutors. It would, therefore, in my opinion, be very important to lender f fessOTial Foundations more available foi the instruction of Uiidergratluates generally ; and seem haT ht Tould require that each Professor thus en.ployed should be m .he full enjoyment ol In his powers and faculties, 1 should deem it very desirable that re.tnng pensions be pro- vided for sunerannuated Professors whose energies were declining. i i <• r> t 14 On tL practical effect of the present system of private tuition I can scarcely speak ; for Peivate uitiox. it It almost iiLnown in Christ ChLch while I was public Tutor the extent, that is to say, in which it now, as 1 hear, prevails. It seems to me to be an addi tional aid and an additioLl expense which ought not to be required, and the systena^ should be discouraged as far as possible. It must foster what is usually called ‘ cramming te a ver\^ pernicious extent, injurious alike to the intellectual improvement ot the fmportant and wholesome moral influence which the public Tutor is so much moie li y exe^rcise over his Pupil, if instead of devolving upon a Deputy the more laborious portions o Ids duty, he maintaL that closer relation with his Pupil which will the bulk of the instruction preparatory to the Degree is imparted by himse . nothing as to the great importance of cutting off this branch of unnecessary expense arisin^ from the system of private tuition. ^ rp J^JPON Answers of A. H. Clough. Esq., M.A ., late Fellow and Tutor d -f-f- and Principal of Unwersity Hall, Gordon- square, London, and Pr f J English Language and .Literature at University College, London. My Lord and Gentlemen, I HAVE the honour of submitting the following considerations, in answer to your questions of the 18th November 1850. . n r ^..^i I shall be briefer, and perhaps more intelligible, if I take question No. is i c . is with it that I feel myself most concerned, more especially as since I ^ ^tension Tutor at Oxford I have been connected with an institution expressly formed for the extension of University teaching to classes hitherto excluded. i . I think it might not unfairlv be argued pn*the one side that the cry for ex en ^ ” o the old Universities proceeds greatly from persons whose petitions no prudent Legislature wouW regard; persons eager lo have their children educated as gentlemeli, without the prospect 8 . ’ r . aitex.iife as such. I should not, however, ascribe these It UXIVERSITV ExTEX- of their maintaining 212 OXFORD UNIVERSITY COMMISSION. A. H. Clovf/h, Esq. M.A. Argunienis against it. Arguments in favour of it. , feelings so largely to newly-risen people as to those who, having themselves enjoyed University education, are reluctant to dispense with it for their sons — clergymen with small stipends, who wish to bring up families of clergymen, and unprofessional gentlemen of narrow incomes, who are reluctant to take the first step of inevitable descent, by sending their boys to the desk and the office. And certainly some degree of extra-chance it might be well, in consideration of their birth and breeding, to allow to the offspring of liberal parentage. Yet, on the whole, it is not a wise policy to put off the evil day ; and to lend a factitious support to an impoverished upper class is contrary alike to the genius of England and the tendency of the times. To all such irrational aims the present scale of expense at the two Universities may be said to oppose a wholesome check. Being, as they are, simply finishing schools for the higher classes in general, their habits naturally represent the habits of those classes which in England are naturally expensive. They are also, indeed, preparatory for the higher professions, and to these it is fair there should be access for the less opulent. Such there is. Even at the two Universities, Exhibitions and Scholarships give facilities already great, and capable of becoming yet greater. But men may arrive within the pale of orders and the bar by other entrances also. Meantime, it is perfectly fair that those who have had the largest means for educating and improving themselves .should have the freest access. The most liberal education must, on the whole, be obtained by the least-stinted expenditure; and from those who have received the most liberal education the liberal professions should be mainly recruited. Will it be said that in a country like ours the term “ upper classes” has an ampler significance; and the expression “ liberal ’ or “ higher professions ” should be construed to include, not only barristers, physicians, and clergymen, but solicitors, general practitioners, merchants, matiu- facturers ; and that it is very desirable that the benefits of a liberal education should be extended at least to include these? Perhaps so. But first of all, is it certain that such an indiscriminate admission would not destroy the subtle superiority which it is the object to communicate? Do we not run the risk of debasing and vulgarizing the very means we wish to use for elevating and purifying? Secondly, even supposing people of this kind can afford to come, or supposing you reduce expenses to let them come, is it yet quite certain that, even so, they will come, or can come ? that they want to come, wish to come, or have time to come ? At University College, London, the usual period of stay is from 16 to 19 years of age; the number of Students in Arts a little less than 200. Many of them become barristers, many solicitors; some go into mercantile business; some, after one or two, or perhaps three years study of Arts, pass over to Medicii:e: a very few go to Cambridge. Does not this mark the maximum of College education which parents of the classes in question are inclined to allow their children? Would it be well to have Oxford and Cambridge crowded with boys of 16? Would not they be better at good schools? and can it be hoped that these ciphers, 16 to 19, will be altered? For the young .solicitor must, I am informed, be articled for five years; five years is the common apprenticeship in the merchant’s office. And, furthermore, parents who design their boys for these walks of life have, I believe (fathers at any rate), a strong per- suasion that it is in itself undesirable for them to wait beyond 19 before they set to work. Mei chants think 15 not at all too early. And with this is conjoined an equally strong feeling that at the old Universities they will learn little that will do them any good in their after- occupations, and are pretty sure to pick up very unbusiness-like habits, tastes, and views of life. All the several points that I have supposed to be urged appear to me reasonable in their degree. O 11 I 3 ', first of all, it is quite clear that the two last-stated exclude each other. If the number of probable new comers is small, the danger of vulgarizing the old Universities cannot be great: if the danger is real, the e.xtension nill not be imaginary. Perhaps we may find reason to hope that between these two ways there is a third. The increase in numbers may be large enough to justify some change, while it will not be so large or immediate as to make that chancre excessive. Though there certainly is a good deal of reluctance to allow much time for education before business, yet it seems to be true that the opposite feeling gains ground. If fathers are on one side, mothers are on the other. It is not uncommon for a merchant to send his son abroad, after leaving school, for a year’s experience of the w’orld. The apprenticeship both for solicitors and merchants, it is said, might be abridged with advantage. Indefinite fears of extravagant and dissipated courses, the notion of unfit habits and ideas and useless studies and tastes, would undoubtedly operate long enough to make the change extremely gradual. But if those fears are, as I believe them to be, exaggerated, and that notion only half true, experience would surely, however gradually, lessen the former and modify the latter. The sphere which already includes the London banker, would presently be extended over other commercial classes. More and more young men, sons of the more affluent parents, destined for business, would be brought under the influences of the ancient national education. There would, perhaps, be a pressure for earlier admission than is now usual. Yet the data of University or King’s College, London, must not be overstrained. They prove, perhaps, that classical and mathematical instruction, even when modified for modern views, is not a sufficient attraction. But Oxford and Cambridge have others. On the whole, I venture to conclude that there are a great many young men who ought to come to the old Universities, and who would come. What keeps them away is, I believe, rattier the want of confidence than the actual amount of expense. Single Colleges, I am told, in which confidence is felt, are applied to by numbers, who, if refused admission there, do not come to the University at all. 1 would suggest to Her Majesty’s Commissioners the analogy of the public schools. Twenty years ago somewhat of a similar feeling prevailed respecting them. May not the next twenty years as greatly extend the University system as EVIDENCE. 213 the last have the public schools ? I do not at all say tliat these, as they now are, are ])erfect, a. H Clough Esq but they are extensively useful ; and any change which experience shall prove to be needed M.A. ’ will not knock at those doors altogether hopelessly. The vessel is in motion, and its course may be guided. And certainly, if I may judge by personal recollections of the conduct of that change, during what may be called its eight first years, under the most vigoroiis and eflfective of the reconstructing hands, a good deal of unfearing experimentation may and should in such cases be hazarded. I have said nothing of young men excluded by religious tests. The number excluded Relicrious tests simply by these considerations is not perhaps very large. Yet the fact of their existence con- tributes amongst many others to a suspicion of the Universities, e.specially Oxford. And it is quite clear to me, from my own experience, that many young men, sons of rich and influential Dissenters, who ought to go to Oxford and Cambridge, and whom Oxford and Cambridge might make very much what they pleased of, are kept away, as it is, merely by University tests. To chapel attendance most would conform ; to everything perhaps, excef^ a declara- tion which their parents cannot easily regard as honest. Independent of any relaxation of this kind (however much I desire it), looking simply to the previous consideration, I believe in the possibility of a gradual, sure, and ultiinately large extension of the old Universities. And of the four plans suggested under Question 6, No. 1 appears to me the most expedient. First, because it allows the greatest scope for individual Colleges, in which confidence is felt, to extend their limits and avail themselves of their popu- larity. Secondly, because the existence of a considerable number of Halls would allow of a Halls, great variation in the scale of expense without any marked division of the University establish- ments into rich and poor. Thirdly, inasmuch as it would best meet any desire on the part of the parents to send their children at an earlier age. Such a desire I wish not to check ; because I think it W'ould open the Universities to many at present excluded, and would open other careers to many who at present are driven reluctantly into orders, or unprofitablv to the bar. Parents of the upper classes would have less dislike to send their sons into bu-sniess, if business were less inconsistent with a previous liberal education, and vvith the acquisition of well- educated associates; and young men going into public office.s,. and those intended for phy- sicians, would also be more likely to seek admission. Nor must it be forgotten that a reduc- tion in the age of academical residence is a reduction in the total expense of education. If a years schooling is saved, two or three years of College may be better afforded. The second, third, and fourth plans might be adopted for Students entering after a certain age. 7. Considering how early the first of the three now existing examinations will meet the M atriculatio.n Student, I do not feel that an examination previous to matriculation is in any way a deside- Examixatiox. ratum. Very few young men would enter the University merely to stay for so brief a period as will now be allowed them free from any test of proficiency. Nor unless it be thought desirable to grant the title of *B.A. to such as pass two out of the three examinations at present imposed, and to make the third preliminary to the M.A. Degree, can I perceive any benefit in rendering the higher Degrees real tests of merit. Such a .sys^em^ however, in which for the B.A. Degree the two first examinations must be passed, and for the M.A. Degree, besides the third examination, the same amount of University standing mi^^ht be required as at present, I do think would be extremely desirable. Even as it is, I inchne to think that a certain number will leave after the second examination ; and I am desirous to encourage any plan which will obviate the difficulties of expense and loss of time without lowering the character of our institutions. It occurs to me also that the question of religious tests might be simplified by such a pro- ceeding. Omit the signature to the Articles at matriculation, and at the Degree conferred on those who pass the second examination, and few will quarrel with its preservation at the later stage. At the same time, I must here profess my own feeling that the preservation of any such test at any stage is profoundly inexpedient, morally detrimental to many who take it, and a slur upon the generally-tolerant character of Church and State in England'. 8. For the generality of young men between 19 and 21, much rnore therefore for boys under 19, I consider the Professorial system by itself inefficient. I incline to believe that it it does convey some information which will not simply enter at one ear and issue at the other, and if it does awaken some ideas that do not again become wholly dormant, yet, in point of mental discipline, it leaves the patient much to his own resources, d’o (;onvey information Professori u and awaken ideas is perhaps more than is always done by the College Tutor ; and the Syste.ai. voluntary character of study under a Professor will sornetimes no doubt, by leaying the responsibility to the Student, stimulate energies which the more compulsory method never affects. And doubtless, also, the position of the Professor lecturing on his own subject at the utmost one hour a-day is a position far more likely to be fruitful in study and productive of information and ideas in the Teacher himself, than that of the Tutor with his three hours a-day of subjects not always his choice, very often his unpleasant necessity, and belonging to the most various and heterogeneous departments. I can conceive nothing more deadening to the appetite for learning than this three-hour a-day tuition, leading as it does in general, and always must be expected to do, to no ultimate learned position — a mere parenthetical occu- pation uncontemplated in the past and wholly alien to the future. Were a College Tutor enabled to look forward to a probability of settling in life as a Professor, the anticipation of that contingency might be a stimulus to the present realitJ^ The existence of numerous Professors would, I doubt not, tend to improve the much more numerous class of d'utors. Young men would no longer so generally be content with trading on the acquirements they have brought out of the schools, if they felt that additions to that capital would be likely to bear interest; would be permanently profitable; would in any way have anything to do with 214 OXFORD UNIVERSITY COxMMISSION. .-1. H. Clough, Esq., M.'A. Tl’touiai. System. Restrictions on 1'eli.owships.; Restrictions to localities ; to schools ; future duties and with future rewards. Such a character the destined occupant of law-chambers or a country parsonag'e cannot in common sense ascribe to the more intimate and exact and elaborate and scientific study of Greek and Latin and Mathematics. I quite think, therefore, that the effective existence of numerous Professorships is essential to a great University as a means, firstly, of raising the character of University Teachers in general; and, secondly, (which I have not so much dwelt upon,) of elevating the different studies in the eyes of the Students. But, at the same lime, for the discipline of the Student’s mind I account the private or class Tutor no less essential. The Professor, some one has observed, cannot get behind his pupil. If he has a large, i. e. a professorial class, he cannot work with his class ; and no probable amount of periodical examination will operate so thoroughly as this daily test. He examines now and then, but for the most part he addresses ; the young men will run away perhaps with fine ideas, supplied perhaps (such is said to be the case in foreign Universities) ad captandum, according to demand : they will be caught with a flame of intellectual ardour, doubtless a precious'^thing, but only too often transient ; they will hurry into eager, much rather than steady, prosecution of private studies. For chastening and correcting, for sobering and unde- ceiving, for the undersoil cultivation which brings more than the mere spontaneous growth, some closer than Professorial contact is needed ; needed by the clever, who go beyond, as much as by the dull who fall behind. From my own experience I should say that, in a select class, almost as mucli good is derived by one Pupil from the other Pupils as fiom the Teacher. The provincialities of different schools are rubbed off ; the peculiar excellencies communicated. This benefit, again, cannot be expected in a Professorial assembly ; and, in general, I am loth to run a risk of exchanging for the combined conceit and inexperience of the attendant on Professorial deliveries the modesty of the tried and practised working Pupil, such as the Tutorial system should, and often does, produce. In this way, and other ways also, I recognise the necessity of a Tutorial system. But whether the Colleire 'I’utor system as it now exists at Oxford is the thing it ought to be is a very different question : 1 did not find it very efficient. The obvious and flagrant evil is the herding together of the most unequal capacities. Boys from the Remove and boys of three yeais standing in the Sixth Form of public schools are indiscriminately set to work together, at Herodotus perhaps, which the former has never begun, and the latter may have read nearly through. And as the Tutor, unlike the Professor, must condescend in some degree to the lowest of his class, the more advanced Pupil, fresh from an accomplished Head Master s best instructions, must listen, if at all, to the crambe of rudimentary Syntax and even Accidence. (I incline to think also that this reacts on the 4’utor, who co.mes to believe that these elements are not so far from the sum of knowledge, and having to lower himself to the needs of the Remove, cannot always find elasticity to recover the level of the Sixth.) What the remedy for the evil is I do not decide. It is, perhaps, a matter for the consideration rather of College authoritip. Two Colleges in alliance might perhaps solve it by co-operation. But anything likely to raise the general position of the University Teacher would tend to correct it; and the more advanced Pupils would, at any rate, in the Professor find some compen.sation for the inevitable deficiencies of the Tutor. . . . , • • 10. What may have been the original purpose of Fellowships it is too late now to inquire. The most important function which they perform in the University that now exists is certainly one not originally contemplated — the education of the Students by College tuition. If it should seem fit on general grounds to modify that system of College tuition by the enlargement and invi. Conybeare, M.A. Rev. E. S. Foulkes, B.D. Expenses. As I have said, the more active competition for honorary distinction in our examinations for Degrees, and the elevation of the standard required, has necessarily tended, of late years, to restrict the attention of our Students more exclusively to those pursuits which may most tend to promote their prospects in the schools. While, however, our University feels convinced that she has justly selected classical and mathematical studies as the primary basis of her education, and as best calculated to invigorate the original powers of the mind for future acquisitions, she has never remained indifferent to those acquisitions. She has always considered it an important practical question in what manner she may best combine what she regards as the essential elements of a sound education and the develop- ment of its ulterior fruits ; — she has, therefore, very recently superadded to her original subjects proposed for honorary distinction two additional schools, one for modern history and Jurisprudence, and the other for the Natural Sciences. This is undoubtedly a very important step, and entirely in the right direction ; it might possibly, however, derive increased efficiency if the earlier examinations, within the first year and a half of academical residence, should be regarded as affording a sufficient test to satisfy the absolute requisi- tions of the University in her two primary Classical and Mathematical Schools, so as to allow to her Students a less restricted use of their two concluding Undergraduate years, which they might then dedicate as the natural constitution of their minds, or their ulterior social views, might direct them, either to further advancement in the former routine or to the cultivation of any of the other branches now thrown open to their competition. These remarks, which may be considered as relating generally to your seventh article of inquiry, contain everything which I can presume to offer. — And I remain, with every expression of respect, and with the most cordial wishes for the satisfactory progress of your very important task, Gentlemen, Your most obedient, W. D. CONYBEARE. Answers from the Rev. E. S. Foulkes, B.D., Fellow and Tutor of Jesus College, Oxford. 1. The expenses of a University education are of a two-fold nature : those incurred by what are called University dues, including the cost of a Degree, &c., and those resulting from connexion with a particular Hall or College. Persons holding official situations in the University would seem to be the best judges whether the former might not be conveniently reduced somewhat. I propose simply dealing with the latter; and 1. I would observe that considering the usual cost of a good English education in the present day apart from Oxford, I do not believe that it is often had cheaper than it can be and is often had in my own College. There are many there whose battels average 55/. a-year (by battels I mean all College and University dues whatever), and some whose whole expenses, including those of travelling, dress, and pocket-money fall within 100/. a-year. I do not, of course, take into account what it may cost their friends to keep them at home during the vacations ; yet even against this it might be mentioned that most of our Undergraduates are appointed to Exhibitions after their first'year. Some of our Servitors, to my knowledge, have made money, not only defrayed all expenses, by their College education. Still I am frank to admit that it is equally, and perhaps more possible, for a young man to run into excess in his expenses than to keep within these moderate bounds. At the same time it deserves to be considered whether it does not materially tend to the forming of a vigorous independent character, so discernible in our English youth generally who have experienced the benefits of a University education, that a young man should feel himself to a certain extent in these respects his own master. I should be sorry that self-responsibility should be entirely removed from his own shoulders ; neverthe- less I am of opinion that a little more salutary restriction might be devised than is at present the case, yet not by College authorities in the first instance, but mediately through the law of the land. Neither College nor University authorities have the least power over tradesmen beyond Oxford ; and even within Oxford it may fairly be questioned whether they have a right to impose conditions upon the local tradesmen, which are contrary to the established usages ot buying and selling, now that goods may be had equally w'ell from London and other large towns. As soon as the Oxford tradesman was considered to be “ en rapport with the College- authorities, his customers would unaccountably fall off, and parcels by the railway, carriage paid, would be hourly brought into College. No ! without entering more fully into the various reasons which, after the maturest consideration, years ago led me to this conclusion (a conclu- sion which further experience has only strengthened), I am firmly persuaded that nothing but a law of the land could impose the restrictions which appear so desirable, and it has struck me that it might be to the following effect : — “ That no tradesman throughout England should be allowed to sue for the amount of a bill for goods served to a resident Undergraduate member of Oxford or Cambridge (Durham, &c., might be included) during Term-time, that had not been duly sent in through the College authorities.” University Calendars would supply the necessary data to London and other tradesmen, should there be occasion (and with the reading- rooms that exist in large towns it would be easy enough to have access to a Calendar) ; but, practically speaking, it is conceived that the law would affect none but Oxford or Cambridge tradesmen, because by placing all throughout England under the same conditions, it would make Undergraduate members indifferent to dealing with others than those of his own Uni- versity. Moreover such a regulation, emanating from the law of the land, would place the College authorities in a less obnoxious point of view to the Undergraduate, than it most pio- EVIDENCE. 223 bably would do in these days of freedom and criticism, had it been promulged or enforced by them. It would, of course, be a matter of internal arrangement atnongst Colleges w'hat officers, and how many, should be appointed to receive and examine the bills of the young men. 2. Where the authorities have the will, it seems to me that they have sufficient power to enforce discipline, except as regards obsolete statutes. Members of the foundation (who are by far the hardest to deal witli) have been within my experience removed for immorality or breach of duty. 3. I cannot but think it a most cumbersome let in th'e way of improvements, that members of Convocation have not the power of proposing amendments to measures of which the Heb- domadal Board have come to have the sole initiative, and have only the alternative of accepting or rejecting them as proposed. I likewise think it not only undesirable but unconstitutional that the Hebdomadal Board, as at present constituted, should have the sole initiative. Mr. Sewell has shown that, according to our constitution, it should be far otherwise. 4. I see nothing objectionable in the mode of appointing the Vice-Chancellor ; but that of the Proctors, it seems to me, might be assimilated to that of the Vice-Chancellor, or at all events the cycle should be re-modelled. It might be made a question whether Vice- Chancellors should not be elected from the existing Halls as well as Colleges in rotation, and also whether the Proctorial office should not be for a longer period (say two years instead of one) than it now is. 4. The government of the University, and its relation to the Colleges, would appear capable of expanding itself adequately to meet the exigencies of the times without any fundamental change. Convocation has the power of making and repealing statutes from time to time, and so of effecting all desirable reforms. Its machinery is, doubtless, much impeded by the undue influence of the Hebdomadal Board, noticed in the answer to the third question, where the visitatorial powers of the Crown might be invoked beneficially to give back to the proper quarters what the Hebdomadal Board had unduly monopolized. But the machinery once re-adjusted, and proportion once restored to the action of its respective parts, it does not appear to me that any further external assistance than public opinion is necessary either to bring about reforms in the first instance or carry them out with effect. One of — 6. The first reforms is unquestionably the means of extending the benefits of the University to a larger number of Students ; and here a fourfold scheme has been suggested, to which I shall beg to tender my objections or approbation seriatim. In the first place, then, I say that either of the schemes here suggested, or indeed any other that might be devised, might be adopted by the University constituted as it now is, without any further assistance from without than that of public opinion, expressed either through the press, or it might be in a Royal injunction to the Chancellor to have the subject brought before Convocation. Indeed the scheme that approves itself most to me as most in unison as a development with our existing state, would be one that would emanate In the first instance from the Chancellor solely, though, of course, there would be wanting to its success the concurrence both of the University and the respective Colleges; I mean the establishment of new Halls in connexion with the Colleges. I believe the Chancellor has full power to increase the number of such establishments ad libitum, and every change that can be made constitutionally I hold to be preferable on a priori grounds to one that would entail radical alterations in our system. It is for this reason that I would prefer the new Halls to be in connexion with the respective Colleges in their first esta- blishment, though by degrees they would gradually come to be more or less independent. Such, I think, is the account to be given of the existing Halls : in the majority of them the appointment of a Head has lapsed to the Chancellor, but in one of them still, namely, St. Edmund’s Hall, the appointment of a Head still remains in the present College, namely. Queen’s College. The new Halls would be slightly more beholden to the pai’ent College in the first instance, but afterwards they would follow the natural course of colonies M'ith respect to the mother country, and grow more and more independent. But in order to consider this scheme adequately in its workings and contingent effects, it is necessary that it should be viewed in connexion with other important changes: for constituted as the majority of Colleges are now, with confined Fellowships and Scholarships, I think that neither this or any other scheme would satisfy the exigencies of the times ; one must, therefore, presuppose all Colleges to have thrown open their Fellowships and Scholarships and emoluments generally, or, at least, removed most of the restrictions now appertaining to them. Then only could we expect all Colleges to be filled alike with Students, and all to be in a condition to open Halls or to supply them with efficient Heads and Tutors; for these Heads and these Tutors, according to my notion, would be taken fiom among the Fellows, who would continue to enjoy the emoluments of their Fellowships while engaged at the Hall (supposing some Fellowships to be suppressed where it appeared expedient to do so), they might even enjoy a double Fellowship, and thus much of the charge for tuition upon Students migh be saved. Further, it would seem desirable that these Halls should be established on a' much more economical footing than the present Halls and Colleges, and the expenses of Students diminished in every possible way. For this purpose a body of regulations and rules might be framed by a Committee, appointed either by Convoca- tion or by the Chancellor, and incorporated into the Unive'sity statutes, as the present regula- tions relating to Halls are, to be altered from time to time by the same authority, as circum- stances might require ; so that all new Halls might be liiider one and the same regimen. Then it would appear desirable that the Heads of these new Halls should be ex-officio members of the Hebdomadal Board, whose character it is conceived would be materially affected for good by the introduction of \\iQse patres minorum fjentium,vi\\o%Q youth and numbers would be a most beneficial counterpoise to tire old oligarchy. Lastly, this scheme seems to possess this advan- 4 H Rev. E. S. Foulhes, B.D. Discipline. Constitution. Vice-Chancellor and Proctors. Excessive powers of the Hebdomadal Board. Univeesitt Extension. Affiliated Halls. 224 OXFORD UNIVERSITY COMMISSION. Reo. E. S. Foulkes, B.D. Matriculatiojt Examination. Higher Degrees. Professorial and Tutorial Systems. tage, that it would be the least violent remedy of the abuse of non-resident Fellows, and the most obvious way of turning superfluous Fellowships to account, without diverting them from the Colleges entirely, in which they have been founded. Under this scheme it is conceived those statutes which require residence so stringently on the part of the Foundationers (and what College-Statutes do not, virtually or expressly ?) might be practically enforced without any manifest incongruity to the existing system. I do not all approve of the second suggestion, namely, that of permitting Undergraduates to lodge in private houses more generally than at present. For my own part, from the experience that I have had of the effect, whether at Oxford or Cambridge (the latter, of course, more largely), thereby engendered upon morals and disci- pline generally, I could wish that such permission were seldom or never given except in the one case which I am going to mention in connexion with the third suggestion, namely, that of allowing Students to become members of the University, and be educated in Oxford under due superintendence, but without subjecting them to the expenses incident to connexion with a College or Hall. I do think this suggestion desirable in the case of those who might wish for a University education (and perhaps Degree), but without subscribing to the religious tests at present imposed, or indeed those others which I shall suggest as a substitute for them elsewhere, when I come to speak of tests generally in connexion witli the limitations in the election to Fel- lowships and their tenure. I think that such persons might be well relieved from connexion with College or Hall and still be members of the University, subject, of course, to the external discipline, with the enforcement of which the Vice-Chancellor and Proctors stand charged; and of course further restrictions might be laid upon them in any subsequent statutes of the Uni- versity. As to admitting persons to Professorial Lectures, and granting certificates of attend- ance without requiring any further connexion with the University, I can see no objection to it, and it might be a benefit to persons advanced in life and to foreigners, though I conceive the class would be small. Quere, whether it would occasion inconvenience by multiplying the number of residents in Oxford, who were neither Professors, nor Students, nor engaged in anji trade ? 7. In the case of those admitted to be members of a College or Hall, I think the College or Hall examination previous to matriculation as it exists now would suffice; but there should be an equivalent to it for those not belonging to a College or Hall, should such Students ever find a place in the University : and this might be left to the Vice-Chancellor and Proctors. With the three examinations under the recent statute, 1 do not think the length of time required for the first Degree need be shortened. 1 do think the higher Degrees should be made real tests of merit a good deal more directly than they are now, especially those in Theology ; Law and Medicine have ceased to be of the same practical importance in Oxford. Even the same exercises now' done for the B.D. w’ould be infinitely less a matter ot form than they are now', were candidates allowed to dispute in English while they adhered to the old form of con- ducting the argument, and the same liberty might be granted to and like exercises required from candidates for the D.D. Viewing the Univei'sity course as one that would rather tend to mould and to form the mind than impart varied knowledge, I should not wish to see any great departure from the studies of the University as they are now, especially as regulated under the recent statute ; though I am inclined to think at the same time that the critical study of a living language would be as beneficial to the mind as that ol Latin and Greek, and that either we should restore Hebrew to the place it once held in the study of the Classics, or else supply the void of a third language by the critical study of French, German, or Italian. 8. I think it would be highly desirable to combine the Professorial with the Tutorial system ; but it would require direct legislation on the part of the University to do so, otherwise Tutors and Professors would continue to rival and thwart each other, as is the case at present. There shovdd be University Professors on the one hand enough to lecture upon the various subjects of the three examinations respectively, and on the other hand enough to provide against the number of Students attending each of them ever being too large ; one Professor, it is conceived, could not lecture to more than a certain nutnber with effect. Then the Tutorial Lectures should be made preparatory to those of the Professors, restricted for the most part to the same books, and confined to the more elementary species of instruction connectecl with them. Nobody could think tuition would be necessary to be employed for the higher Degrees; candidates for them might be left entirely to the Professors, not ot course the same Professors that lectured to candidates for the first Degree, but Professors of a higher order. Thus there would be a two- fold grade of Professors, according to my idea; and I think that those which exist now, or at all events some of them, might very well constitute the higher order, with pay increased, or at all events made up to a certain income from the University chest, or by throwing two or more of the present Professorships into one, or else by impost upon the candidates themselves ; and these, in my opinion, ought not to be either Tutors or Prolessors ol the second order, or hold more than one higher Professorship at the same time, and a retiring pension might be provided for them out of the University chest or otherwise, as funds could be obtained. Then the Pro- fessors of the second order would be for the most part, perhaps altogether, a new body formed out of old materials, it might be in the following way : — There are in almost every College semi-sinecures and obsolete Deanships, Censorshi|is, Praelectorships, Lectureships, call them by what name you will, w'hich have funds attached to them, but belong to a lorm(w system, and are pure anomalies in our present one; again most Colleges have a ceiiain number ol super- fluous Fellow'ships. Let the number of Professorships of the second order necessary for carrying out the new scheme be ascertained, and then let each College be required to supply one or more, according to its means, size, number of Foundationers, present number of Under- graduates, or whatever other rule be thought most equitable, letting it be understood from what sources these Professorships are considered justly derivable. Thus each College w'ould supply EVIDENCE. 225 its quota of second-rate Professorships for a University purpose, the nomination to which might Rev. E.S.Foulhes, remain in the hands of the College that endowed them, subject to the approval of Convocation, while the Professors themselves might be required to give their Lectures m one of the University lecture-rooms, and not in their own College, and to include in their class all Undergracmate professorships. members of the University who might be willing to attend them, and all without pay. then it miaht be provided that these Professors might or might not be married men, the only restriction being that they might not hold a Tutorship and Professorship at the same time. Such a scheme would, I think, tend very much to bring Tutors and Professorships into unison ; it would elevate the senior Tutors into a new order with greater liberty (and on the supposition of open Fellowships universally in all Colleges, there could not fail to be a of competent persons in each College for the new office) ; it would leave vacancies in the Tutorship for many iuniors who are now obliged to become private Tutors, or remain idle; and lastly, while it imposed on Colleges the necessity of founding University Professorsliips,it wou hi reconcile them to the measure by allowing Colleges to nominate to those which they had endowed, and to fix their salary, which they would thus provide out of their own resources, without foreign surveil- lance, for their maintenance. With the difference just noticed. College Tutors would remain what they now are, though the Lectures given by them would be made subsidiary to those ot the last-mentioned Professors. It may be asked with reason whether there is the least proba- bility that Colleges would allow the University so to dictate to them, especially on a question so relevant to their revenues, without external agency?^ But did the alternative he between acceptance of the proposed measure and a Government inquiry into College revenues, it is not likely that it would encounter much opposition, especially as it would confer lustre upon a College to be able to boast of one or more University Professors. 9. These Professorships, then, I would establish by means of the Colleges, and leave the Suggestions for the nomination to them in their hands, subject to the approval or disapproval of Convocation ; the conditions to be, that those appointed to them should have taken the M.A. Degree, and be neither Tutors nor superior Professors, nor hold more than one inferior Professorship at a time. The superior Professorships might be left equally open, but nominated by the Vice-Chancellors and Proctors alternately, to be approved by Convocation. All Professorships might be tenable for ten vears, provided their duties were not neglected, and the holders of them re-ehgible, the higher Professorships perhaps for life. I should object much to any appointments by means of Boards, or the like. , tt • • • 10. The limitations in the elections to Fellowships really commence with University matri- Restrictions on culations. None can be allowed to remain members of a College 14 days without being mLowsHiPs. matriculated members of the University, and none can be so matriculated without signing the Thirty-nine Articles, and so forth. Admission to a College requires no such tests ; and judging by religious tests, from the oaths prescribed in my own College statutes, a person might be admitted Scholar, Fellow, or Principal, that is Head of a College, who, for the most opposite reasons imaginable, might not be willing to subscribe to the Thirty-nine Articles. At least there is nothing in our College statutes to prevent it. It is true that the Scholars and Fellows of our society are poulkes’ obliged to proceed to the B.D. Degree, and to take Holy Orders after a certain time, which, in Evidence in Part the latter case, would of course involve subscription to the Thirty-nine Articles, even should the IV., p. 365 .) University think fit to relax and do away with such a test altogether ; but this is precisely the state of things that, circumstanced as our common country is wow, would appear so desii able. For then persons might come to our Universities for a purely literary purpose, and derive benefit from our foundations, if deserving of them, for a time, without reterence to their peculiar religious professions, provided only that they were Christians, for I would not dispense with the requirement of the baptismal certificate in any case where it is at present required (not understanding it however to imply necessarily baptism through the English chinch) , and I think it is a practical consideration whether it might not be substituted advantageously for subscription to the Thirty-nine Articles ; or, at all events, whether profession of belief in the three Creeds (which, as our Article says, “ought thoroughly to be received and believed, for they may be proved by most certain warrants of Holy Scripture, and fo which the rule “Quod semper, quod ubique, quod ab omnibus” is still applicable) might not be advan- tageously substituted in the University matriculations; or again, matriculations to the Um- versity might be free from all religious tests whatsoever, and only admissions to a College or Hall guarded by these milder tests. Then if the Church of England chose to con- tinue to require subscription to the Thirty-nine Articles from those whom she admitted ir^o her Ministry, all well and good. She would only continue to affect oui foundations as she does now’, and when the time came for taking Holy Orders (and the B.D. Degree) persons would either resign their Fellowships and Scholarships, or conform to her rule. And I think it would be fair likewise that she should continue to affect Degrees in Theology similarly. But I certainly think that the University might very fairly be called upon to dispense with tests to the extent above-mentioned in these days ; and that Coheges should open iheir doors to all w’ho could (the present University test removed or otherwise made broader) conform to their statutes, and admit to their foundations all who could take the oaths required theiein. This, therefore, is the first limitation which I think operates unfavourably in the present day, and which I should, therefore, wish to see qualified or abrogated. The next is that which y oca ities, restricts foundations to particular localities. 1 think I need not go into the disadvantages ot tit -c* n, > this exclusiveness. It is confessed by all, more or less. Perhaps, however, it might not serve pLtTv to go into the contrary extreme at once. In my own College, for instance, I should rather ’ prefer to have our foundations, one and all, thrown open to Wales generally (those I mean * It would not really be a wide departure from our present practice, for Divinity Lectures and Exami- nations previous to the first Degree to be confined to \.he facts of Scripture and Church History. ^ xl ^ 226 OXFORD UNIVERSITY COMMISSION. 2tet\ jE, S. Foulhes, B.B. by tenure, by celibacy, by residence. Distinctions of Rank. To be modified, not abolished. Theological Study. Inadequacy of PRESENT Means of Instruction. Private Tuition. A great evil. that are restricted to particular parts of Wales), than to throw them further open for the present, otherwise Wales might sutfer very disproportionably from the suddenness of the chano-e. At the same time I would wish them open to any extent sooner than have them remain as they are. Other Colleges, who have already done away with close Fellowships in the ordinary sense, should be sure tliat tliey do not exclude those born in the colonies or elsewhere in Her JMajesty’s dominions. Indeed it might be made a question w’hether any restriction of birth or nation should be retained eventually. As to limitations with respect to tenure, I should not wish to see any ot those which are now acted upon removed, generally speaking, and many that have grown obsolete I should wish to see revived and enforced : e. g. I should not wish to see Fellows or Scholars allowed to marry. The inferior Professorships which I have suggested might be founded out of suppressed Fellowships among other elements, I have already said should not be bound to celibacy; and perhaps the Heads of the new Halls, who would probably derive part, if not all, of their revenues, the same source, i. e., be virtual Fellows, might be allowed the same liberty. But then if that was thought desirable, about which I am doubtful (for I am even doubtful how far the marriage of the existing Heads of Colleges and Halls, setting aside the question of its lawfulness, which is still more debateable, has proved a wise step), it would seem desirable that they should no longer be considered as Fellows, or be called so, though they were enjoying support from a Fellowship. But it should be viewed as one of the suppressed Fellowships, and the tenure of the Head of the Hall should be contra- distinguished from that of other Fellows of the same College, who might be appointed Tutors to the Hall, and wdio should on no account be allowed to marry. As to residence, I should not wish to see one non-resident. Fellow or Scholar, in a College. Each College should have a certain number of Fellowships more than actually necessary for carrying on the education and discipline of the College, in order that there might be a place for those willing to devote themselves entirely to study and philosophy. But this number need not be large, and ought to bear a reasonable proportion to the rest. And as for the rest, there should be enough ot them to siqiply Tutors and other College authorities (for I would not have Tutors hold any other College office, nor any Fellow hold more than one office at a time), adequate to the size and circumstances of the College, and then Heads and Tutors of the dependent Halls. Afterwards, should a surplus remain, they would be suppressed for the support of the new Professors. And lastly, should there be more than were necessary for even this purpose, then I would have them suppressed to found Exhibitions, which should be tenable Irorn matriculation to the taking of the first Degree, or they might increase the existing Scholarships and Exhibitions subject to the same conditions. Should it ever be objected that the suppression of Fellowships would be contrary to the will and intent of the Founders, it would be easy to reply that nothing could be conceived more contrary to the will and intent of the Founders than the present abuse of them. By far the majority of Fellows of Colleges in Oxford are non-re.sident, probably never resided as Fellows, and contribute nolhino" whatever to the well-being of the society to which they belong, save that they divert the revenues intended to have been indirectly beneficial to the College by being spent there, to their own uses in the country, while they may be said to have originated the impost for tuition upon Undergraduates, inasmuch as when it was found to be so snug and lucrative a thing to be non-resident, it became necessary to establish a counterpoise with a view to allure competent persons into residence, for the carrying on the work of education and instruction. 11. I would have the distinctions betw'een compounders, &c., very much altered and modified to suit the present state of things ; but I would not have them abolished until class distinctions shall have ceased throughout the country; one of the most characteristic features of the University being, in my opinion, that it is England in miniature. 12. Under the changes above proposed, it is conceived the line of demarcation between those going into Holy Orders, and those not doing so, would be more clearly brought out than it is at present; and of the new Halls, in connexion with Colleges, I should suggest that each College should have one or more exclusively devoted to those who having taken the B.A. Degree were desirous of a year’s preparation or so, more or less, previously to entering Holy Orders. 7 hese Halls might be subjected to a stricter discipline and economy than the rest, and the Head and Tutors, or at all events the former, might be required to have taken his B.D. Degree, in which case he would be necessarily in Holy Orders. Should the number of 1 heological Professors in the University be found too few for the number of Students likely to be produced by such a change, it should be matter of consideration how they might be increased. 13. I feel confident that the new examination statute will soon become a dead letter, unless Fellowships and Scholarships can be thrown open throughout the University. Close foundations, if they are not held by a less talented, are, at all events, held by a less working, less active, class of men, than those which are open. The increased number of subjects for examination will require a proportionate increase of men of varied acquirements in the University, and such as can only be insured, it is conceived, by making College Fellowships and Scholarships a reward of merit, and throwing them open to the most proficient. 14. The system of private tuition I hold to be one of the curses of our days. First, it is prejudicial to College tuition, as it inevitably leads Pupils to make light of their College Lectures in comparison with those of their private Tutor, and College Tutors finding their Lectures ill got up, or remembered, are apt to grow apathetic, and relax in their diligence. Secondly, it affects the examinations: as young men are literally crammed up for them, it being the principal merit in a private Tutor to know the kind of questions that a particular Examiner is likely to give, and so prepare his Pupils with the proper answers. Hence the examinations are becoming daily less a standard of real merit, as without the required knack it IS impossible not to appear at a disadvantage in them, no matter how well one’s list of books EVIDENCE. 227 has been studied. And thus poor men are obliged to submit quietly to this monstrous extra expense, or be content with a lower class ; while the public are deluded into believing that the cost of a young man’s tuition in the University is that charged by his College. But private tuition it is notorious is three times the cost of College ttiition, and the paying for the latter goes on exactly the same while a young man is reading with a private Tutor that it did previously, notwithstanding that the College Tutor is in effect, if not in fact, relieved from all further trouble for the time being. On the other hand, there are worse evils emanating from the system than merely pecuniary. Young men regard private tuition as a short cut to knowledge, and therefore represent it as even more a sme qua non to their friends than it really is. Large sums of money are wasted in this way to no purpose than that of idleness. Then a young man is at liberty to choose his own private Tutor, and this of itself lowers the College Tutor by comparison in his eyes, for the College Tutor is one placed over him independently of his likings or dislikings. In the same wa}^, the time, manner, and length of his Lectures are, in the one case, his own option ; in the other case, they are forced upon him. Hence the moment private tuition commences College discipline is practically at an end. And what now is to be said of private Tutors as a class ? They are generally very young men, just passed their B.A., with minds unformed, and judgments unmatured. They know nothing as they would know it in a few years with continued study and undisturbed reflection. But all their time is occupied with Pupils — Pupils nearly of the same age with themselves. They go over the old ground again and again, and five or ten years after they have taken their first Degree, they know no more of Philosophy or Theology than they did w'hen they commenced ; at least they have made no advance compared with what they might have made had they been free. I really know not which the system affects worst, the Pupils or the Teachers ; all I do know is, that our best and most promising B. A s. w’ho pursue it are thereby spoiled, and never come to be learned men, while the Pupils lose all sense of discipline in their hands, and are not taught solidly. 15. I have studied myself a good deal in Bodley’s Library, and can scarce conceive it placed on a more useful footing than it now is. Should any think that it would be desirable to have the liberty of taking books out to read in one’s room, or away from the University, I can only say, that all my experience of libraries goes to convince me that either of these concessions W'ould be most prejudicial to study and convenience of the public. 16. I fully concur in the propriety of laying periodical statements of the University accounts before Convocation. E. S. FOULKES, B.D. Answers from TF. A. Greenhill, Esq., M.D. of Trinity College, Oxford. Hastings. I HAVE to apologize for not having sooner answered in detail the letter which Her Majesty’s Commissioners did me the honour to send me towards the end of last year. I need not trouble you with an explanation of all the circumstances that have occasioned this delay, but perhaps the confusion attendant upon my change of residence, together with my being ordered to avoid for a time all unnecessary mental labour, will be accepted as a partial excuse for my apparent negligence. I shall not attempt to notice all the subjects to which you have called my attention, because on some of these points I do not consider myself competent to offer an opinion at all, and on others you have doubtless been already sufficiently informed by persons better qualified to advise you than myself. The suggestions I woidd wish to make on the remaining subjects of your inquiry shall be given as briefly as possible. § 4. The Procuratorial cycle seems to require revision. It would perhaps be advisable for the Proctors to remain in office for ttvo years, either by the retirement every year of one Proctor instead of two, or by the promotion of two of the Pro- proctors ; at present the Proctors and Pro-proctors have hardly learned the duties of their office before they have to resign it. § 8. With respect to the number of the Professorships, while there are several branches of science and literature which at present are not taught at all, there are also some cases in which the Professors are unnecessarily numerous, as for instance. Anatomy, Medicine, and Arabic. In each of these instances one of the Professorships appears to have been useless to the Uni- versity for some years past. The endowments of most of the Professorships are very insufficient. The result is that the University is frequently obliged to allow a competent Professor to reside elsewhere, or to put up with a.x\ incompetent one who happens to have some other source of income which enables him to remain in Oxford. ^ It would seem to be very expedient to provide retiring pensions for Professors who are disabled by age or infirmity, as, at present, it is not uncommon for a person to retain his Professorship long after he has ceased to perform its duties. The money required for these pensions might perhaps be partly provided by the new Professor receiving only a portion of the emoluments of his office at first, the remainder being paid over to his predecessor during his life. § 9. It would not be easy to decide positively which is “the most eligible mode of appointing Professors, and therefore (among other reasons) it is better that the present variety in the mode of appointment should continue. Perhaps, however, of all these different modes of appointing Professors and other similar officers, an election by Convocation is, upon the whole the worst. ^ ’ Rev. JEJ. S. FouUces, B.B. Bodlet’s Libra kt. University Accounts. TV. A. Greenhill, Esq., M.D. Proctors. Professors. Retiring Pensions. Appointment. 228 OXFORD UNIVERSITY COMMISSION. JV. A. Greenlilll, Esq., M.D. Theological Study. Use of Medical Study for Clergy- men. Bodley's Library. Its wants. 1. More Sub- Librarians. 2. Freer use of books (under due restriction). 3. Longer time allowed for study. Its peculiar advan- tages. § 12. With reference to “the means of fully qualifying Students in Oxford itself for Holy Orders,” I may be permitted to mention the facilities afforded there for the acquisition of such a Degree of medical knowledge as is often found extremely useful in after-life. I know of no place where this knowledge can be better obtained than in Oxford, as in other towns, where a much greater amount of medical information could be acquired, this advantage would be more than counterbalanced by annoyances which none but a professional Student could be expected to bear. I may add that I have myself known several instances in which country clergymen have turned to good account among their poor parishioners the medical knowledge gained in the Lecture-rooms and Infirmary at Oxford. § 15. For more than 11 years I made use of the Bodleian Library almost every day, and thus had an opportunity not only of observing its management and condition myself, but also of hearing the opinions expressed on the subject by the numerous foreign Students with whom I there became acquainted. From these foreigner I also heard a good deal about the regu- lations of different continental libraries, so that I am in some degree able to compare them with those of the Bodleian. The opinion expressed by these foreigners was (I think I may say) in every instance most favourable, and I am inclined to believe that, of all the great libraries of Europe, the Bodleian is the most convenient and generally useful. In saying this it will easily be understood that I do not mean to find fault with the regulations of other libraries under less favourable circumstances, as many things may be safely allowed in a place like Oxford that would be quite inadmissible in a large capital like London or Paris. Never- theless, the administration and regulations of the Bodleian Library did not appear to me to be perfect, and I will mention three points in which I think they require alteration. I. Several additional Under-librarians are wanted, and each of these might be chosen for his knowledge of some particular branch of literature. If this were the case, there would be some prospect of having the whole of the MSS. catalogued in a creditable manner and witliin a reasonable time; and the librarian would be much aided in the choice of books to be pur- chased by having the deficiencies of each department of the Library pointed out to him by a person who had given it his special attention. II. Some persons wish the books (and perhaps the MSS. also) to be allowed to be freely taken out of the Library ; and the conveniences of this plan are sufficiently obvious. But from w'hat I have heard of the facdity with which this permission is abused in other libraries, and its inconveniences even when it is not abused, I confess I have no wish to see it introduced into the Bodleian. I think however that the opposite plan is there followed out too strictly, and that in a few peculiar cases both books and MSS. should be allowed to be taken out of the I.ibrary and even out of Oxford. In order to prevent the abuse or too frequent use of this privilege, the special permission of the Curators might be required, together with a deposit to ensure the safe and punctual return of the volume borrowed ; but still I have met with quite a sufficient number of instances to convince me that the books and MSS. ought, in certain rare cases, to be allowed to be taken away from the Library, and that the present stringent regulation is injurious to the cause of literature.* lil. Some persons wish the Library to be kept open in the evenings ; and perhaps there is no great objection to this, though I should doubt whether the amount of the benefit thus conferred would be equivalent to the increase of expense incurred thereby. I have however noticed one case which frequently occurs, and in which I think the use of the Library ought to be extended. I allude to the foreigners and other strangers who often come to reside tor a time at Oxford, at a heavy expense, for the sake of consulting the volumes in the Bodleian, and who naturally wish to finish their work as quickly as possible. In these cases (especially if they come during the winter months) it is a very great hardship that they are not able to use the Library for a greater number of hours than at present. They frequently only want one or two volumes at a time, and some plan might easily be devised whereby they might be allowed the use of these after the usual Library hours. Several minor improvements might be suggested, but the above are all that Lave occurred to me from my own experience and observation, that I think of sufficient importance to bring before the notice of Her Majesty’s Commissioners. I have mentioned what seemed to me to be the principal defects in the administration of the Bodleian Library; in gratitude for the benefits which I derived from it during so many years, I should be glad to be allowed to notice briefly some of its advantages. 1. Its size, especially its rich collection of MSS. 2. The facility of obtaining an introduction to it. 3. The comfort of the reading-room, both in winter and summer. 4. The extreme courtesy and kindness of the officers, a point almost Invariably mentioned by foreigners in the highest terms. 5. The quiet of the reading-room, but, at the same time, the power (arising from the com- paratively small number of readers) of talking when necessary, without the danger of annoying one’s neighbour. 6. The privacy afforded by the little studies to those who make constant use of the Library. 7. Printed Catalogues of almost all the books, and of considerable portions of the MSS. 8. The permission given to the Student to search himself in the Catalogue for the title of the book or MS. which he wants to see : * As an illustration at once of the exceptional cases which I have in mind, and also of the greater liberality in this respect of some foreign libraries, I may mention that I once ha'^ m my house for several weeks three of the Arabic MSS. belonging to the public library at Leyden, which were of very great use to me in a work I was then engaged upon, and which, as I could hardly have gone to Leyden myself, I should not otherwise have had an opportunity of consulting. EVIDENCE. 229 9. To fetch for himself any of the volumes that line the lower walls, &c., of the reading- room : 10. To ask for a book or MS. viva voce, instead of on paper : 11. To have in his study or on his table an unlimited number of volumes at the same time. 12. The quickness with which the reader obtains any book or MS. that he asks for, seldom having to wait on an average more than five minutes. 13. The not being obliged to restore each volume to its place every evening, and, conse- quently, to ask for the same volumes every day. 14. The power of using any book or MS. as soon as ever it comes into the Library. 15. The certainty of finding in the Library every book and MS. that it possesses.* IG. The small number of days in the whole year on which the Library is closed, the total number (besides Sundays, Good Friday, and Christmas-day) being about 32. Several of the points enumerated above will appear trivial, perhaps hardly intelligible, to those who are unacquainted with the regulations of large public libraries both in this country and on the continent ; but they certainly add in no small degree to the comfort of the Student. Some of the great European libraries enjoy some of these advantages, and some enjoy others ; but the whole of them (as far as I am at present aware) are to be met with only in the Bodleian. I will add two suggestions with reference to the Radcliffe Library, which I used occasionally during 12 years, and, at one time, almost daily. I. I think the Library would be much more useful if the books were allowed to be occa- sionally taken home by the Students. As few persons, if any, go to Oxford solely to considt the books in this Library, the probability of seriously inconveniencing any Student by this arrangement would be extremely small, and therefore the Librarian might safely be em- powered to grant this permission whenever he thought proper to do so. II. There is at present in the Radcliffe Library a pretty large collection of Oriental MSS. (Arabic, Persian, and Sanscrit), besides a considerable number of classical and other non- scientific books. Very few per.sons are aware of the existence of these volumes (as there is no printed Catalogue of them, and they are not shown to visitors, unless specially asked for), and therefore they would be much more useful if they were transferred either by sale, exchange, or otherwise, to the Bodleian, which is the place where any one would naturally expect to find them. On the other hand, I think that it would be much more convenient if all the books in Oxford relating to Medicine, &c., were, as much as possible, collected together, and that therefore it would be better if, for the future, all the medical works that come from Stationers’ Hall to Oxford were deposited in the Radcliffe Library instead of the Bodleian. I am aware that considerable difficulties exist in the way of bringing about such an exchange as I have suggested, but I am inclined to think that the advantages arising from it would be suffi- cient to make it worth while to try whether these difficulties are insuperable. § 16. It seems very desirable to lay before Convocation periodical statements of the University Accounts, especially of those of the University Press, which would enable the members of Convocation to judge whether the large funds belonging to that establishment might not be expended in a more satisfactory manner than at present. After having for many years taken an especial interest in the proceedings of the University Press, I am disposed to believe that it will be found, upon inquiry, that there is no establishment in Em ope which, upon the whole, does so little for the promotion of literature, in comparison with the vast means at its command. Should Her Majesty’s Commissioners desire any further information on any of the above- mentioned points, I shall be happy to give it either orally or in writing, and am. Sir, Y our obedient humble servant, W. A. GREEN HILL, M.D. W. A. Greenliill, ^Esq., M.E. Radcliffe Library. 1. Freer use of books. 2. Exchange of books with the Bodleian Library. UNIVERSITY Accounts. University Press. Answers from the Rev. W. W. Stoddart, B.I)., Felloiv and Senior Tutor of Rev.w.w.stoddart, St. John's College, Oxford. My Lord and Gentlemen, I beg to forward to you answers to certain questions which you did me the honour to send tome in November last. Subsequently to their reaching me I became aware that the University w'ere doubtful of the legality of the Commission, and was engaged in mea- sures which might in my opinion have rendered it impossible for me to acknowledge its authority. The answer to our petition, which has been promulgated in Convocation within the last few days, seems to have left me at liberty to give at least my own o])inion upon the subjects submitted to me ; and I do so without further loss of time. I beg at the same time to express my regret that a sincere, though perhaps mistaken, sense of duty should have compelled me to shew an aj)parent want of courtesy towards a body who, for every reason, deserve and command my highest respect. * Thi.s advantage would be diminished very slightly by the exceptional cases in which I have above ventured to recommend that volumes should be allowed to be taken away from Oxford. 230 . OXFORD UNIVERSITY COMMISSION. Rev. W. W.Stoddart, 1- The possibility of diminishing the ordinary expenses of a University education, and of restraining R.D. extravagant habits. .p ■ Question 1. — Many attempts have been made, particularly in my own College, with more or less partial success. The ordinary College charges do not seem to call for reduction ; but possibly in the expenses out of the College measures might be devised which, without , being exactly sumptuary laws, might offer to the Undergraduates inducements to economy, and encourage the tradesmen to adopt a system of ready money, or at least short credit. 2. The sufficiency of the powers which the authorities possess to enforce discipline. Question 2. — It seems to me essential that a fair amount of liberty should be left to the Undergraduates, in their use of which they may form habits of independent action. Our discipline, according to my view of it, should act as a salutary restraint, but not as an uni- versal safeguard. I believe the powers at present possessed by the Authorities to be suf- ficient for their proper purpose. 3. The power of the University to make, repeal, or alter statutes. Question 3. — The alteration or repeal of existing Statutes, or the making of new ones, is impeded by the present forms of procedure. Perhaps it might be possible to improve them, either by the extension, under sufficient restriction, of the powers of Convocation, or by the permanent establishment of Committees of Delegates, the members of which might be wholly, or partially, changed every year, and the nomination to which might be vested in the Proctors, subject to the ayrproval of the whole House. 4. The mode of appointing the Vice-Chancellor and Proctors. Question 4. — The Cycle at present in use might be adjusted so as to bring it more fairly in accordance with the present altered condition of the Colleges and Halls. 5. The government of the University and its relation to the Colleges, as finally established by the statutes of Aichbishop Laud. Question 5. — I am not sufficiently informed upon the details, which this question relates to, to presump to offer any suggestion. 6. The means of extending the benefits of the University to a larger number of students, University Extex- (L) By the establishment of new Halls, whether as independent societies, or in connexion SION. with Colleges ; (2.) By pmnitting Undergraduates to lodge in private houses more generally than at present ; (3.) Bv allowing Students to become Members of the University, and to be educated in Oxford under due superintendence, but without subjecting them to the expenses incident to connexion with a College or Hall. (4.) By admitting persons to Professorial Lectures, and authorising the Professors to grant certificates of attendance, without requiring any further connexion with the University. Independent Halls. Question 6. — (i.) I think that if new Halls he established (and this might be done with advantage) they ought to be independent, or at least to have only partial connexion with a College ; such as, eligibility to their open foundations, the use, perhaps, of their Libra- ries, or, when practicable, the privilege of attending any public Lectures delivered in the College. (ii.) I am decidedly against permitting the residence of Undergraduates, especially of freshmen, in the town. (iii.) I am almost equally opposed to this suggestion also. (iv.) I am doubtful whether this would be productive of any good ; but perhaps, subject to judicious regulations, it might work beneficially. Discipline. Constitution. Legislation. Proctors’ cycle. Matriculation 7. The expediency of an Examination previous to Matriculation ; of diminishing (he length of Examination. time required for the first Degree; of rendering the higher Degrees real tests of merit ; of so reirulating the studies of the University as to render them at some period of the course more directly subservient to the future pursuits of the student. Higher Degrees. Professional Studies. Question 7- — This question is a very difficult one to answer, especially when we are just entering upon the experiment of an important change in our educational system. I be- lieve that a Matriculation Examination for the whole University would be one very hard to regulate, and would lead to little real improvement upon the practice at present in use in most of the Colleges. The best that it could do is likely to be done, and better done too, by the new Examination Statute, which has approximated the Responsions so much nearer to the Matriculation. Neither do I think that it would be expedient to diminish the length of time required for the first Degree ; which can scarcely be called unnecessarily great at present, if there 1)0 taken into account not merely the work to be done, but also the habits to be formed in the course of it. Professional and individual avocations draw men so generally away from the University after their first Degree, that the ancient rules with regard to the higher ones have long been practically abrogated. It may however admit of doubt whether the real interests of the Cniversity have not suffered thereby, inasmuch as her house of Convocation may, on questions of the greatest importance, be made the representative, not of her more experi- enced and acting members, but of party prejudices, or of popular opinion. It is hard to say whether any remedy would be found for this in the demand, at each successive step, of some test of merit. Upon the whole, I think that it would not. To the capable it would prove onlv an inconvenience ; and the incapable, from want cither of ability or of disposi- tion, would content themselves with what they had already done, and would in many cases cease to take an interest in the welfare of the University. It would not be easy to render the studies more directly professional than they are likely to become under the new Statute ; inasmuch as there is, except in Theology, little in- EVIDENCE. 231 (lucement held out to men of eminence to fix themselves in Oxford. The Lawyer, the Physician, or the mere lover of science, will find his wants far better supplied elsewhere, in the Courts of Law, the Foreign and Domestic Schools of Medicine or Surgery, and in those busier scenes in which the scientific progress of the age is alone most profitably studied. It is not too much to hope that our reconstructed schools will supply the elementary in- struction, which is all that is required at starting, and impart, perhaps, the tastes, the habits, and the principles which fit the Student for success, whatever may be the ultimate object of his pursuit. 8. The expediency of combinino: the Profes'orisl with the Tutorial system ; of rendering; the Profes- sorial foundations more available I'or the instruction of Undergraduates generally; of increasing the number and endowments of Professorships ; of providing retiring jiensions for Professors. Question 8. — No doubt a combination of the Professorial with the Tutorial system would be preferable to either separately ; for the peculiar advantages of each are ejuite consistent with one another. But there are difficulties in the way of it. Except the limits of the Academical year be a good deal extended, the question of the distribution of time would be one of these ; so also, on certain subjects, would be that of numbers ; a third would be found in some such considerations as the following : the Professor can only come in partial contact with those who attend his Lectures ; much must still be left to be supplied ; and though this evil exists, to a certain extent, at present, it would only be aggravated by anything that withdrew the pupil still more from the supervision of the College Tutor. i\iid yet there is a manifest advantage in rendering the services of any eminent man avail- able to others besides those of his own College. Probably some system might be devised by which Professors should be so multiplied that a choice might be left to the Student as to which of several courses on the same subject it would be most for his advantage to attend. And as, in that case, the office would not seldom be held by actual, or quondam Tutors, their habits of intercourse with their pupils, instead of being interrupted, would rather be encouraged and extended, as fiir as their numbers made it possible. It is also very important that regard should be had to the provision of pensions for retiring Profes- sors, lest the services, which were once valuable, should become comparatively useless, or even injurious, as superseding those which would most profitably I’eplace them. 9. The most elisihle mod of appointing; Professors ; and the effect of existing limitations or disquali- fications upon the appointment of Professors. Question 9. — The election of Professors might, I think, with advantage, be vested in Convocation ; and to judge from the present practice, their tenure of office might be limited to a certain period; thus affording to the University a wider choice, and a better chance of securing candidates of rising talent. 10. The effect of the existing limitations in the election to Fellowships, and in their tenure. Question 10. — As a member of a close Foundation I may be prejudiced in favour of our own system, I do not wish to see it universally adopted; but I do think that its existence is of great advantage to the University. By connecting her, as it does, with the Public Schools of the country, it ensures a succession of members best qualified to do her credit ; and at the same time it establishes amongst them, when they come here, a spirit of honourable emulation w'hich 1 have often seen ])roductive of much good. That this is no unusual occurrence may be gathered from a Table, wdiich I subjoin, of the First Classes during the last II years, that is. since 1 entered upon my office as College Tutor. It will be seen that my own College has fully earned her shax’e of University distinction, and that this has been achieved mainly by members of the Foundation. — Class. Mail). — Class. Math. Balliol .... 22 5 Oriel 4 3 Christ Church 12 6 Corpus Christi 4 3 Trinity .... 12 3 Merlon .... 2 4 St. John’s 9 6 Pembroke 2 2 University 8 4 Magdalen. 3 Exeter .... 5 5 j Magdalen Hall . 2 1 Lincoln .... 8 1 , St. Mart’s Hall . . 9 1 Wadham .... 7 2 New Inn Hall 1 1 Queen’s .... 5 4 New . 1 Brasenose 1 7 Alban Hall . . . 1 Worcester. 6 1 Jesus •• 1 With the exception of Christ Church, the position of the Colleges on this list has not materially varied during the whole time. St. John’s has numbered among her Fellows two Double b irsts, and six single ones ; the remaining have been gained by tw’o former Bible Clerks and three Commoners. I should be sorry to see any alteration in the tenure of our Fellowships, except perhaps in the single rule of requiring a Fellow to enter into Holy Orders. But as I do not think rnyself at liberty to interfere with the manifest will of our Founder, I speak of this restric- tion rather with reference to the University in general, as a change which, where allowable, would be beneficial. 11. The propriety of abolishing the distinctions between Compounders and ordinary Graduates ; between Noblemen, Gentleinan-Comnioners, and other Students ; and also the distinctions with respect to parentage at Matriculation. 4 I Rev. W. W.^toddart, B.D. Professorial System. Appointment. Restrictions on F ELLOWSIIIPS. Case of St. John’s Colleges. Clerical restrictions. 232 OXFORD UNIVERSITY COMMISSION. Rev. W. W.Stoddart, B.D. Distinctions of ^ Rank. Theological Instruction. Adequacy of PRESENT Means of Instruction. Private Tuition. J. Phillimore, Esq., LL.D., F.R.S. Expenses. Discipline. Constitution. Question 11. — I am in favour of the abolition of all distinctions in the matter of fees or other payments, or in that of University position among the Undergraduates on account of birth, rank, or fortune. ]2. The means of fully qualifying^ Students, in Oxford itself, for Holy Orders, and of obviating the necessity of seeking Theological instruction in other places. Question 12. — I believe that in reality as much is now done towards this point as is necessary during the Undergraduateship : after that there are serious objections in my mind to the residence in Oxford of those who are desirous of entering into Holy Orders. Old associations and habits, the companionship of younger and more inconsiderate friends, and many other such things are likely to do them generally much harm ; while their con- dition of partially relaxed discipline makes demands upon their self-restraint here which Avould not be felt elsewhere. 13. The capability of Colleges and Halls, as at present constituted, to furnish adequate instruction in the subjects now studied, and in those introduced by the recent Examination Statute. Question 13. — Some difficulty will naturally be found at first in providing instruction upon all the subjects required by the new Statutes. But the want will create the necessary supply. 14. The system of Private Tuition, and its effect both on Tutors and Pupils. Question 14. — I am of opinion that the system of private Tuition is a most valuable one : and I do not know whether the Tutor, the Pupil, or the University, derives the most benefit from it. The Tutor, who is often limited in his means, and as yet has no profes- sional position, is enabled to support himself by his own exertions, while qualifying himself for his after duties, and at the same time he is adding to the body of able men from whom is to be drawn the supply of College Tutors and University Professors. By continuing to reside in the University he witnesses, and perhaps takes part in the progressive improve- ments in her system, and fits himself to act with, or to supply the place of, those who have to modify their own practice in accordance with the changes thus rendered necessary. On the other hand, the Pupil finds in his private Tutor the personal and individual care, to which their more intimate relations give birth ; and he is stimulated in his own exertions by the guidance and encouragement of a familiar friend and adviser. 15. The means of rendering Bodley’s Library more generally useful than at present. 16. The propriety of laying periodical Statements of the University Accounts before Convocation. I do not feel myself qualified to offer an opinion upon the subjects referred to in the two remaining questions. I have the honour to remain. My Lord and Gentlemen, Your obedient servant, WM. WELLWOOD STODDART. Ansivers from J. Phillimore, Esq., LL.D., F.R.S., Regius Professor of Civil Law, late Student of Christ- Church.^ Sir, I BEG to submit the following answers, seriatim, to the several queries you have pro- pounded to me under the directions of “Her Majesty’s Commissioners for the University of Oxford, who are charged with the duty of reporting to Her Majesty on the State, Discipline, Studies, and Revenues of the University, and Colleges of Oxford, and required to report their opinions on the subjects referred to them:” — 1. The ordinary expenses of an University education are not heavy or excessive. Tiiere are many Undergraduates, who mix in the best society of the place, who have yet very limited incomes, and who live at a very moderate expense. Of all places in England the University of Oxford is the one in which the possession of money and the display of weaJth are of the least avail. Doubtless there are many Under- graduates habitually extravagant and expensive ; but these are not the persons who give a tone to the general mass of society, or who rank high in the estimation of their fellows. I am clearly of opinion that sumptuary laws will not cure the evil. Reformation of dis- solute and expensive habits is only to be sought in the reformation of the moral character and change of feeling in the persons addicted to idleness and extravagance ; and if the ordinary modes of reproof and exhortation fail, the sooner such delinquents are placed without the pale of the University, the more conducive will the result be to the general good. This class of Undergraduates has never acquired popularity in the University. In the lapse of years I have naturally had many relations and connexions amongst the Undergraduates of the University of Oxford; indeed four of my sons have, at different periods, graduated at Christ Church, and, as far as my experience goes, I should say that the ordinary expenses of an University education are not excessive, nor heavier than can be defrayed by parents of moderate and limited incomes; and, where diligence and learning are super- added to good conduct, there is no place where young men of moderate and limited incomes can obtain a better position in the society of the ’o/xtXiv»)e epareivijs. Of course my observations do not apply to extraordinary expenses. 2. It is equally clear to me that the powers actually possessed by the authorities are ample, if properly exercised, to enforce all discipline. 3. I apprehend that the University is invested with full power to make Statutes, and, gene- * i'or Dr. Phiilimore’s Evidence as Professor, see Part II-, p. 254. EVIDENCE. 233 rally speaking, fo alter and repeal such Statutes as exist, with the exception, perhaps, of those which have been sanctioned and confirmed by Royal authority (see University Statutes tit. X., s. 2). I incline to the opinion that the University cannot, -per se, alter or repeal this class of Statutes, although it seems to me clear from the context, that she can alter or vary them in any way Avith the special permission of the Sovereign. I do not, however, speak positively on this subject, because till this moment I have never been called upon to consider the question it involves. The result, in my judgment, is, that the University has either power in herself to alter or repeal this particular class of Statutes, or that she has the power to do so with the concurrence of the Sovereign, which, it is to be pre- sumed, would not be withholden on good cause being shown for any alteration or repeal. 4. I see no objection to the present mode of appointing the Vice-Chancellor; but this again is a question to which I have not heretofore been called upon to give any deliberate con- sideration. With respect to the appointment of Proctors, — undoubtedly the great alteration introduced by the “ Caroline Statutes ” was a considerable improvement on the mode of selecting these officers which had been in force previous to that period ; and, as far as my observation has gone, it has generally worked well. But it has occurred to me to doubt whether the Proctors are not, in the discharge of some of their functions, so elevated above the other Masters of Arts, and so invested with exclusive privileges, as to operate as a bar to as unreserved an intercourse as would be desirable between the Hebdomadal Board and the other members of Convocation resident in the University. Assuredly it would be much to be wished that the intercourse between these tAvo classes should be cultivated and extended ; and as far as the Proctors act as an estoppel to this in certain instances (as they alone represent the other members of Convoca- tion), alteration Avould be desirable. The reasons Avhich applied to this exei’cise of privilege in former days, when the Proctors were selected merely because they Avere pre-eminently distinguished above their contemporaries, does not apply to our times, when there are so many resident members of Convocation distin- guished by their talents and their learning. To illustrate this by example. I would refer to the power which is given to the Proctors (University Statutes, tit. x., s. 1) of putting a stop to, and extinguishing any measure which may have been submitted to the judgment and consideration of Convocation, by their own mere authority, without the concurrence of the Vice-Chancellor or any other member of the assembled body. It does not appear to me to bej ust or reasonable tliat the two Proctors, by themselves, should be invested with the e.xercise of so A'ast and so arbitrary a power. 6. I apprehend it to be a great object, in a national point of view, to maintain and uphold the University of Oxford in its actual vigour and efficiency. To secure this permanently the University must be compact, and so circumstanced with respect to interior government and discipline as to be capable of having her authorities called into prompt and immediate action. In any view, therefore, that I can take of this question, I do not think that it would be bene- ficial to the University, or assistant to her credit and character, that her capacity for the recep- tion of a much larger number of Students than are now resident Aviihin her Avails should be much enlarged. Such an increase might render the whole system unwieldy and cumbersome, and unfit it for the due discharge of her proper functions. If the exigency of the State require an extension of academical education, surely it would be more satisfactorily effected by the foundation of other academical institutions elsewhere, rather than by a resort to measures which might have a tendency to diminish and impair the efficiency of the Universities already existing. (1.) At the same time I should not entertain any objection to the establishment of one or more new Halls, although I think little of the value of any such establishments as a remedy for the evils glanced at in this question. If, however, new Halls are to be established, it is clear to me that their use and influence would be more beneficial as independent societies, than as connected Avith other Colleges. (2.) Of all the objectionable alterations Avhich could be contemplated, as far as the University of Oxford is concerned, I think one of the most objectionable Avould be a permission to Undergraduates to reside, immediately after matriculation, without the precincts of their several Colleges, and, consequently, in private houses in the town of 0-xford. As far as my experience goes, such a change, Avherever introduced by the Colleges in Oxford, has been characterized by signal failure ; indeed it can hardly be other- Avise, seeing that it is next to impossible that Undergraduates, residing in priA'ate houses in a great city, should be rendered subject to the ordinary rules of just and necessary discipline in the University. (3 and 4.) The scheme suggested seems calculated to loAver the tone and character of the University, and savours of a return to a ruder system, which prevailed, indeed, in the infancy of the University, but to Avhich all the improvements of modern times, and all our admirable formularies and institutions, have for a long time been completely opposed in principle and practice. 7. In my judgment it would not be advisable for the University, in its collectiA'e capacity, to institute an examination of its future members previous to matriculation. Some examination is necessary ; but that may be better and more safely left to the judgment and discretion of the authorities in each individual College. J. Pldllimore, Esq., LL.D., F.R.S. Laudian Statutes. Vice-Chancellor. Proctors. Veto of Proctors. University Ex- tension. Halls. Lodging-Houses. Attendance of Strangers on Pro- fessorial Lectures. Matriculation Examination. 4 I 2 234 OXFORD UNIVERSITY COMMISSION. J. PhUliniore, Esq., LL.D., F.R.S. Professional Studies. Higher Degrees. Professorial System. Restrictions on Fellowships. Distinctions of Rank. Grand Com- pounders. Noblemen. Gentleman-Com- moners. Fees. Theological Study. Adequacy of Present means of Instruction. In the society with which I am best acquainted, such previous examinations have always been had ; but care, as I have understood, has been taken not to raise the standard of qualifica- tion for admission too high, but rather to probe the groundwork of the attainments the candidate may possess ; for example, if he be found competent in Homer and Virgil, it would seem to follow that, wdth due diligence and exertion, he may rise to distinction, and even eminence, in all scholastic attainments before he graduates. I do not conceive that it would be in any nay desirable to “ diminish the lencrth of time which is now required for the first degree.” Such an abbreviation of the time would assuredly lead to superficial results. Three years and a-half are not too much to bestow on those studies, and that course of literature which is to be the groundwork and foundation of future excellence, and to qualify the Undergraduate for the higher labours and general business of public or private life. It is not a mere opinion of my own, but an opinion which I have imbibed from some of the greatest masters in the science of education with whom it has formerly been my lot to be con- versant, that, cccteris paribus, it is preferable that a young man should not decide as to the particular line of profession to wdiich he is to devote himself till he has taken the Degree of A.B., inasmuch as the same preliminary study and literary discipline fits a person alike for the state and for the bar, and more especially for the church. Of course there must be exceptions to this general rule where any decided or overwhelming tendency impels a young man to a particular course of study, or where any particular line of relationship or connexion makes an earlier choice of a profession consistent alike with wisdom and duty. The future pursuits of the student, thoroughly based on this liberal and solid foundation, are more likely to conduct him to eminence than the early training to one particular branch of study, which has too often the effect of narrowing the scope of the mind, and fettering the capacity for the grasp of general intellectual attainment. I think it would be difficult in practice to render the higher Degrees real tests of merit ; and, further, it seems to be that the inconvenience and difficulties attendant on such an attempt would more than counterbalance the theoretical advantages which might be expected to result from so violent a change. 8 and 9. It would not accord with our system to increase the number of Professors. More Professors are not required ; and, it is to be remembered, in our scheme and course of educa- tion the Tutor in each individual instance stands in the place of the Professor in foreign Universities. 10. I am very decidedly of opinion that there should be no ‘limitation in the election to Fellowships and in their tenure but such as have been enjoined by the Founders of such Fellowships. Abstractedly speaking, all such limitations are fraught with objection, and so in civil society are many of the limitations of property made by competent testators; but it would shake society to its base if any alterations were made in such limitations. If, however, the University has accepted endowments under specific conditions, I apprehend that the University is bound to maintain those conditions inviolate, or to surrender the property which she holds in virtue of such conditions. Every man is master of his own charity, to appoint and qualify it as he pleases. To use the memorable words of Lord Holt, in the great case of Phillips v. Bury, “ 1 must say that if the Head and Members of a College will receive a charity with a yoke tied to it by the Founder, they must be content to enjoy it in the same manner in which they have received it from him. It they will have one thing, they must submit to the other.” 1 1. I see no good reason for maintaining the distinction between Compounders and ordinary Graduates; but I see excellent reason for maintaining the distinctions between Noblemen, Gentleman-Commoners, and other Students. Inequality in these classes is in perfect accord- ance with the fundamental principles of the British constitution, which delights in the variety of classes, and repudiates every attempt to reduce all conditions of men to one dead level, leaving it at the same time open to every person in each grade of society to mount to a higher grade, should his industry and ability enable him so to do. The distinctions given to Noblemen are, generally speaking, only to actual peers or their eldest sons ; whereas the Gentleman-Commoners or Fellow-Commoners, as the case may happen, are usually in the gi-prcs possession of con- siderable property ; and it is not unreasonable that they should pay higher fees, &c., to their Tutors and College dues than Students who have less ample means of maintenance and support; the general mass is benefited by such an arrangement. As to the more trivial circumstance of the distinctions with respect to parentage at matricu- lation, I do not see that any change is especially called for. It is to be observed that the son of a clergyman pay the lowest fees, except what is termed the Plebis-filius ; the fees paid by the sons of knights appear rather out of proportion. 12. Oxford seems to possess advantages beyond every other place for qualifying Students for Holy Orders; and, this being so, there can be no necessity for their seeking theological instruction elsewhere. Oxford positively abounds with theological instructors of the highest class, not only in the main branches of 'I’heology, but in every subordinate branch. Instruc- tions are given free of all expense to the Students. Again, Oxford abounds in ample and well-(urnished libraries of books on divinity, which are more or less accessible to every Student. Oxford also affords a better choice of society for Students in divinity than any secluded place, where the society may be so limited as to cramp the liberality of the Student's mind, and qualify him more for a monastic establishment than for the liberal and enlightened profession of the Anglican church. 13. It properly administered, I see not why the Colleges and Halls, as at present consti- tuted, may not be fully capable of furnishing adequate instruction on the subjects now studied. EVIDENCE. 235 and on those introduced by the recent Statute— subjects, however, which were always much studied in the University, although they have only recently become the objects of statutory interference. 14. I think the system of private tuition, as at present prevailing in the University of Oxford, highly objectionable. A Private Tutor is, in many iiistances, very useful, and may be renderecl very assistant to the Studies of a young person, who, from neglect or indolence, is not on a par with his fellows. But that all candidates for high Degrees should have Private Tutors is to carry the intolerable system of cramming, if I may be allowed the expression, to the highest pitch, 1 he conse- quence is, that the honour attained by the Degree becomes the result of the cramming of the skilful and practised Private Tutor, but wholly fails as a test of the learning and abilities of the Undergraduate examined. It is to the extreme to which the system of private tuition has been pushed that I am inclined to attribute the great falling off in the classical taste and erudition observable among the Undergraduates of the present day. The system introduced by the Statute of 1807 has produced more general reading in the University. There are, perhaps, fewer idle Undergraduates; but 1 am very apprehensive that there are not so many profound scholars, nor so many persons of varied learning, amongst the candidates for the Degree of B.A. as there were antecedent to that period. If I am not mistaken in my view of this question, the system of these examinations is the point which stands most in need of the deliberate attention and reconsideration of the University. 15. It would be difficult, perhaps, without violating the express ordinances of the Founder, to make the Bodleian Library more generally useful than it is at present. It is open and accessible to all persons engaged in works of science and literature; and it is further to be observed that each College has a peculiar library of its own, to which resort may be had by all Masters of Arts, and generally by all Students who have taken their Baclielor’s Degree. 16. I really never considered the subject involved in this discussion, and am not sufficiently acquainted with the details to give an opinion respecting it. JOSEPH PHILLIMORE, Regius Professor of Civil Law in the University of Oxford. Doctors' Commons, November 1851. The Rev. A. P. Stanley, Secretary, ^c. ^c. ^c. * Evidence of H. W. Acland, Esq., M.D., Lees Reader in Anatomy, late Fellow of All Souls. The condition of the University in respect of Medicine is such that it is very difficult in few words to express an opinion concerning the state of any branch of study connected with it. The University has, as is well known, the power of granting Degrees in Medicine, and giving licence to practise. On the other hand, the University has not attempted to provide a system of medical education. It would be difficult under existing arrangements, and perhaps not desirable, to attempt to form here a Medical School, properly so called. It would be difficult under existing arrangements, because the Professorships are impro- perly divided, and their emoluments are so small that they are scarce worth possessing, umess two or three are held by one person. Thus the Regius Professor of Medicine is, ex officio, also Aldrichian Professor of Anatomy and Tomline’s Reader of Anatomy; but he has no museum, no dissecting-room, no apparatus attached to either of the three offices. T. he only Lectures on Medicine have of late been given not by the Regius Professor, but by another Professor, Dr. Ogle, who is Aldrichian Professor of Medicine and Clinical Professor. Lees Reader in Anatomy, who has a museum in Christ Church, is not an officer of the University, as will appear from statements I shall add to this paper. It would be undesirable to attempt at present to offer a complete medical education at Oxford, because a small provincial hospital does not present advantages in respect of practice equal to those to be found in similar institutions in the Metropolis. The University might, however, render great service to the country at large, and to the science and profession of Medicine in particular (adding thereby much to her own character^, if she were to define clearly what she can do with effect in the training of Medical Students; set herself to do this, and leave unattempted for the present, at least, tlie discharge of functions which she need not undertake, or has not the means of performing satisfactorily. What the University can do thoroughly is, — 1st. To give a general liberal education to Medical Students; a preparation greatly needed for all branches of the profession, but absolutely indispensable for the higher departments. 2nd. To instruct in the preliminary sciences, for the teaching and study of which an Univer- sity such as Oxford offers greater positive advantages than can be found in a large metropolis. These opinions have been stated more in detail in a letter concerning the Extension of Education in Oxford,f from which I beg leave to quote the following extracts : — * For Dr. Acland’s Evidence as Lee’s Reader, sec Part II., p. 282. f Remarks on the Extension of Education at the University of Oxford, in a Letter to the Rev. W. Jacobson, D.D., &c., by H. W. Acland, M.D., &c. Parker. Oxford. 1848. L Phillimore. Esq., LL.D., F.R.S. Private Tuition. Bodleian Lii 5 a ary. University Ac- counts. H. W. Acland, Esq., M.D., F.R.S. Present state of Medical Study. What the Uni- versity cannot do. What the Uni- versity can do. 236 OXFORD UNIVERSITY COMMISSION. H. W. Acland, Esi M.D., F.E.S. Natural Sciences which might be taught at Oxford. Arrangements for teaching them. , Reasons against a complete Medical Education in Oxford. “ If an additional school w'ere wanted, I do not think Oxford the best place for sueh a school. Oxford is a county town of no large size, so that the hospital cases are far more limited in number than in the metropolis of this or other countries ; a large field for clinical observation is absolutely necessary for a good Medical School. A small hospital will teach any man much; a large one will teach him more, lo most Medical Students every day in the wards is precious; and the more they can see in the days of their pupilage, the better for them in the years of their practice. I do not mean to say that a large Medical School cannot be created by a great man on the basis of a small hospital, either here or elsewhere, just as a Chemical School has been created at Giessen by Liebig ; or as a Law School might have been created by Blackstone here in Oxford ; but whatever success attended such a school, it would probably die with its Founder. The want of extensive hospital practice, as well as of other advantages attendant on early reputation in London, and other large towns, will sooner or later make a school in a town of this size (found it who may) inferior to the schools of London, or Edinburgh, or Paris, or Dublin. “ What is necessary to the country in this matter is that there should be large practical schools to niake good practitioners: where they are matters not. It is no duty of this or any other University to teach what it cannot teach well, and what is already, and always will be, well taught elsewhere.” Reasons xchy the Preliininarg Sciences should be taught to Medical Students in Oxford. “ However, though a complete school of Medicine is not likely to be established, nor, indeed, is to be desired here, yet no one can doubt but that a school for the branches of knowledge introductory to the study ol Practical Medicine can be carried on here with the best possible results, and (as I think) with great success. “ At the outset of his studies in the great hospitals, the Medical Student has his mind distracted and his time taken up by the multiplicity of subjects which must be studied at once. Often he has to attend four or five Lectures in a day, on various subjects, besides his hospital practice ; by the time these are over he is perhaps so worn out, that he has no time or energy to arrange and order what he has heard, still less to inquire further, and examine books illustrative or explanatory of the Lectures. Now if these subjects were divided into partially professional and wholly professional, and the former could be disposed of while in residence at Oxford, how great would be the gain to the Student ! For these studies he would have the quiet of this place, instead of the hurry and bustle of the hospital ; his mind w'ould be fixed on comparatively few subjects, which he would have time to master thoroughly, and he would find leisure and opportunity '(in our noble libraries, and the practical laboratories I hope to see in the new Museum) to extend and improve his knowledge to the uttermost. “ M e wish to engraft a semi-professional upon our general educafion, and to send out the Medical Student better prepared to enter upon the perplexing and difficult studies which await him at the great hospitals, able to avail himself more fully of the teaching and experience of those hospitals, as also to use aright the other means of instruction, the museums and societies, which the metropolis alone can afford. “ Young men so prepared could not fail to take a high place among the Students, and to confer by their superior general education some advantages on their Medical Schools ; and they would be able to carry on more advanced scientific inquiries in Anatomy, Pathology, or Chemistry, simultaneously with their Clinical studies, in a manner which none could without such preparation.* “ Such a change would confer a service on the Medical profession, and through them on the country at large. But not only so ; it w'ould be of great and manifest advantage to the University herself ; for in consequence of this change, the Professors of the Natural Sciences would be called into active operation, instead of lying idle, as they are now obliged, against their will, to do; and thus would be removed one of the many scandals or anomalies which our enemies are fond of casting in our teeth. Moreover, the introduction of such semi-|)rofessional education would be of great use in furthering that general study of the Natural Sciences of which I have spoken above, and which I hope you will agree with me in thinking necessary for all who would aspire to the name of gentleman and scholar. I cannot imagine anything more likely to extend our views, and widen the range of our pur- suits, than the presence of a set of intelligent young men, actively engaged in the pursuit of Natural Knowledge as a truth and a reality.” Natural Sciences which should be fully taught here. The subjects which might be adequately taught here (and some others may be added hereafter), in accordance with the view's just recited, are — Natural Philosophy. Chemistry. H urnan Anatomy and Physiology. Comparative Anatomy and Physiology, with Zoology. Botanv. The Elements of Pathology. Arrangements required for effectively teaching them. Of the arrangements for the prosecution of the two first and fifth of the above subjects it is not my place to speak. The incompleteness and inconvenience of the existing provision for leaching the remaining subjects have been shown above. It is more difficult to point out the course to be taken to supply a remedy ; but the following- is, in my ojunion, an outline of the objects to be aimed at: — The Kegius Professor of Medicine, who is now Pi'ofessor of Anatomy also, should superintend the general arrangements in the University connected with the instruction and examination of those who are to be Students in Medicine. Bearing in mind the essentially practical character * 1 have heard it sug-ffested, though it is not for me to offer any opinion on the matter, that (mutatis mutandis) there might be here a similar semi-professional education for Law Students before they leave the University for the practitioners’ chambers. EVIDENCE. 237 of the Healinfj Art, he should be responsible for the Medical rather than for the Anatomical instruction. He should himself teach those parts of General Pathology which would prepare the Student for pursuing his clinical studies in the metropolis, or other great cities. The Professor of Anatomy, who should not be necessarily the Regius Professor of Medicine, and might properly be called Professor of Physiology, should of course direct the Physiological branch of the Natural Science School, and have at his command the means of teaching, and a museum. He has now neither. How far these objects can be attained, and what available funds there may be, I cannot say; but supposing that there be, as now, a Professor of Natural Philosophy, of Chemistr^^ of Botany, there should be a Professor of Medicine, charged with the duties above defined, a Professor of Physiology, having a salary adequate to support him without other engagements, who should teach Human Physiology at one period of the year, and Zoology and Compara- tive Anatomy at another. He should be the person responsible for the Anatomical Museum, and he should have power to appoint a Lecturer in Anatomy, if he should desire to be relieved of the duty of lecturing on Descriptive Human Anatomy. The Lecturer might be a Resident Physician or Surgeon in practice in the city, who would, in his younger days, gladly undertake this office for a very moderate salary, being annually appointed by the Professor of Physiology, or by a Board of Professors of the Natural Sciences. The Professor of Medicine should be at liberty to follow the practice of his profession, or be one who had extensively engaged in it, without which he would hardly command the confidence of his colleagues or of his pupils, or possess the practical knowledge which alone can teach him the real wants of the Students. The Professor of Physiology should be required to confine himself to the duties of liis chair and of his Museum, in order that he might keep pace with the progress of his science. With a view to the efficient working of these various Professorships, it is highly desirable that a comprehensive Museum should be erected. The several collections illustrative of the various Physical Sciences should be arranged under one roof, with a proper library, readino-- rooms, work-rooms, &c. They are now scattered over the University, and, without exception, confined for want of room : in but one is there a resident servant. Many Members of the University have interested themselves much in forwarding this scheme. It is, moreover, at present under the consideration of the Heads of Plouses. In the words of a prospectus, issued by the University Museum Committee ” to every Member of Convocation — “ Tliere is reason to expect that it will eventually include adequate room for the reception of Zoological, Geological, Mineralogical, Anatomical, and Chemical collections, for a series of apparatus of Experimental Philosophy, together with lecture-rooms, laboratories, &c., for the use of the Professors and Students of these several departments of Science ; for the valuable Entomological collection and library lately presented by Mr. Hope ; for a general scientific library, and, possibly, for a collection of antiquities.” However much I may regret the expenditure of a large sum of money in building, yet I feel convinced that it would be a greater waste of means to endeavour to improve the several buildings in which the collections of Zoology, Mineralogy, Geology, Chemistry, and Anatomy now exist. Besides, in truth, there are no proper lecture-rooms or laboratories for Students ; and it is quite certain that, until provisions are made by which Students can work practically themselves without inconvenience, no real progress will be made by them. Nothing would tend more to render effectual the new school of Natural Science than the consolidation of these resources of the University, and the placing them thereby in that natural connexion with each other, which it is important for the Philosophical Student to apprehend from the outset of his career. It was proposed in the pamphlet above referred to (p. 32) that “ a Board should regulate all things relating to the Medical faculty,” among these should be^ included the Anatomical Museum ; and the same Board, in conjunction with all other Professors of the Natural Sciences not already upon it, should direct the whole Natural History collection, or the New Museum. For however great a hindrance to business Boards niay be, upon the whole the absence of united action without them is in a University a greater evil. Changes requisite in the Examination, Licence, and Degrees in Medicine. I may venture to add further, that a change in the examination for Degrees in Medicine may be desirable. The examination should be conducted as is that in the College of Physicians, or at least not be less rigorous, nor seem to be so ; and at the infirmary Clinical Examinations might be held. After three years’ study a Student of Medicine may now receive here the Degree of M.B., and with it the licence to practice, and he is called by courtesy “ Doctor.” But for the next three years he cannot become M.D., and then only upon the "recital of a Thesis approved by the Regius Professor of Medicine. An instance has, I believe, occurred of the rejection of tliis Thesis, but nothing can be more absurd than that a public body should reject a man whom at a previous period it had licensed to practice “ per universum Anglise regnum.” Surely it would be better that at the M.B. Degree there should be an examination in the preliminary sciences, and then at the M.D. there would follow such further examination in these as might from time to time be judged to be proper, and the testing the Candidates in the practical parts ot medicine; and then only (that is at the M.D.) should the licence be given. The period of study for the proposed subjects for the M.B. should date from the “ hirst Exarnination, and a complementary period up to five years should be given to Clinical study. The infirmary could be turned to good account in connexion with the Pathological Lectures at the later periods of “ preliminary ” study, and might be used Clinically by more advanced Students, whom inclination or fortuitous circumstances detain here. H. W. Acland,Esq., M.D.,F.R.S. New distribution of Professorships. Professor of Physiology. Professor of Medicine. Erection of a NEW Museum. Changes needed in THE Examination, Licence, and Degrees in Medicine. 238 OXFORD UNIVERSITY COMMISSION. H. W. Aclnnrl, Esi M .D., F.h.S: Phtstological School. General Educa- tion OP Medical Students. The changes which are propo'^ed above may be carried out without reference to any other bodies, but the entire adjustment of our Medical Degrees is involved with questions of great complexity and conflicting interests, d'hese are partially discussed in the letter already quoted; but in truth, until the medical profession at large, or competent persons in Parliament, decide on a general revision of the powers belonging to the several bodies who grant Medical Degrees, or give licence to jirdctise in the United Kingdom, Oxford can do nothing efficiently or honour- ably in the aheratiou of her own privileges. When that time comes, she will, I doubt not, do her duty; and, as seems to me, that duty will lie in assisting the Legislature to establish one uniform examination for licensing English Physicians, so that the real value of the Degree of M.D. may be known. A lai'ge number of Physicians practising in England practise without licence from Oxford, Cambridge, or the College of Physicians of England; though these are the only bodies who can, according to law, license them. If there is to be uniformity of qualification, all persons, before obtaining their Degree, should be examined by the College of Physicians of that branch of the kingdom in which they practise- the Legislature in this case requiring the Colleges to enjoin the same course of study, and to secure the same amount of proficiency; and the University, where they are educated, should grant the Degree: — so, M.D. Londin., M.D. O.xon, M.D. Cantab., M.D. Edin., would designate a person educated in the University of London, Oxford, Cambridge, or Edinburgh; and if practising in England, licensed by the English College of Physicians ; if practising in Scotland, by the Edinburgh College ; if in Ireland, by the Dublin College. The only other arrangement I can at present see to be simple and efficient would be the establishment of one Examining Board for the United Kingdom. This, if feasible, would be probably unpalatable to every one of the three Colleges of Physicians. In this plan no notice is taken of the provisions respecting Physicians in the Army, Navy, and Colonies. The two first have their own arrangements; the India Board theirs; and the Colonies, till they have their own schools (which will soon be the case with the chief of them), would be supplied, as now, by persons licensed by each Metropolitan College. Nothing in this will hinder any person from studying in Scotland and practising in England, or vice versa. He may graduate in one part of the kingdom, and have his licence to practise from another, if he please. As it is, an Oxford M.D. now usually becomes a Licentiate of the College of Phj’sicians in London; so that the way is open to him to be elected Fellow, and to have a voice in the affiiirs of the College. It would be idle, however, of Oxford to surrender her power of licensing to practise, unless a thorough revision, such as I have proposed, be effected ; and utdess the College of Physicians institutes the same tests for Physicians who are to prac- tise in London and for Physicians who are to practise in the country: this is not now the case. I allude to all these questions here as one means of recalling the attention of the Govern- ment to the confused and hitherto impracticable condition of “ Medical Politics.” Subjects of Exaviination in the “ Physiological School." I must beg leave to add one word concerning the Physiological Examinations in the new School of Natural Science, a subject not yet discussed. I am of opinion that, before anything effective is done in this department, what I have pro- posed concerning a Professor of Physiology must he arranged. Meanwhile, I may venture to say, 1st, that I tiunk the London University has acted judiciously in subjects for Exami- nation in Physiology for the B.A. Degree rather than books. 2ndly. That honours in this science should be given in the ascending scale : — 1st. To accurate acquaintance with the science generally, as represented by works such as those of Dr. Carpenter or Muller. 2ndly. To dissections with written descriptions, added to the above. 3rdly. Over and above these, to a thorough mastering of great monographs, as Mr. Owen’s “ Report on the Vertebrate Skeleton;” many Papers in the Phil. Tran- sactions,” or in “ Annales des Sciences Naturelles,” “ Muller’s Archives,” &c. 4thly. To original researches, with the observations, experiments, and dissections on which they rest. The subjects that have been touched upon above might be stated in great detail, but perhaps this outline may sufficiently explain the present condition, and suggest for the future an altera- tion in the course of the study of Medicine in Oxford. Oxford may do important service in the general Education of Medical Students. Her Majesty’s Commissioners will be pleased to observe, that the opinions expressed above are only given as those of a private person; but as long ago as May, 1848, some of them seemed of sufficient importance to induce me to lay them before the Hebdomadal Board, and afterwards to publish them in the pamphlet above referred to. Now their importance depends not upon their bearing on the duties and interests of Oxford only, but on their relation to the community at large, who are more interested in the moral ami religious culture, as well as the intellectual training of Medical Students, than they are generally aivare. It is admitted on all hands that there is more need for improvement in the general than in the professional education of the Medical Student; in proof of this, 1 woidd refer especially to the four Reports from the Committees on Medical Registration and Medical Law Amend- ment, ordered by the House of Commons to be printed in 1847-8, to the Bye-laws of the Royal College of Surgeons of England, to the recent enactments of the University of Dublin, and to the Regulations (1851) of the Society of Apothecaries. This desideratum (general EVIDENCE. 239 education) Oxford can most assuredly supply. If education in arts can be obtained without great expense, and if there are Scholarships and Fellowships open to Students distinguished in the school of Natural Science, there can be no doubt that many who propose to practise ars Physicians or Surgeons, or Apothecaries, will avail themselves of the advantages thus offered to them. Even now there are special opportunities for Medical Students but little known ; as, for instance, in All Souls (the College of Linacre and Sydenham) four Fellows may be exempted from taking Orders, on the ground that they may proceed in Medicine, and this is not the only example. The main objects which are suggested in this paper may be summed up in a few words. 1st. To rearrange the Medical and Anatomical Professorships. 2nd. To erect a building including the Natural History collections, lecture and working rooms. 3rd. To offer a sound education in Arts at the least possible expenditure of time and money to all classes of the medical profession ; and by way of inducement to persons to avail themselves of this, 4th. To take the Students, after the course of Arts, through the sciences which lie at the foundation of Rational and Practical Medicine; and 5th. To give the solid advantages of Scholarships and Fellowships to those distinguished in the Natural Science School. 6th. To aim at obtaining one standard for the qualification to practise with the Degree of M.D. through Her Majesty’s dominion^, the Degree of M.B. being given to all Students who pass the examinations in Arts and in the Natural Sciences, whether they be intended to practise as physicians or surgeons, or general practitioners. Answers from Charles Neate, Esq., M.A., Barrister-at-Law, Fellow of Oriel College. In dealing with close Fellowships there are two distinct points to be considered, the one is the obligation to abide by the wish of the Founder, the other is the respect due to the present and future interests arising out of it. It is not in either view of the case a mere question of law, but it may be useful to consider, with reference to each, what, if any, is the beneficial legal right to be affected or destroyed, and in what way also similar or analogous rights have been dealt with by legislation or by law. As to the first point, there is not, I think, in the heirs of the Founder, where alone it could be, any legal right by way of reverter or forfeiture to enforce the obligation of the statutes, in reference either to close Fellowships or to any other matter. It is very true that in law a gift to a Corporation, without the expression of any ulterior pur- pose, leaves subsisting on the donor and his heirs, not what lawyers call a reversion, for there is no estate left undisposed of, but a possibility of reverter to take effect upon the extinction of the Corporation ; and it is true also that a Corporation, by neglecting to fill up vacancies in its number, or by electing persons not duly qualified to fill them, might extinguish itself, and the right of reverter would then have place. But even if all this held good in the case of gifts to Colleges, it might be urged against it, that rights of reverter far more proximate, and therefore far more valuable than those here in question, have been for many centuries disregarded by the law, with the acquiescence of the upon grounds of public policy. I speak of the right of reversion upon a gift to a man and the heirs of his body. This right, definite and simple as it is, certain in many cases of almost immediate realization, and guarded in all cases by the express provisions of a statute, has ever since the reign of Edward IV. been treated by the Judges of the land as a thing of nought, as something, at least, liable to be got rid of by certain fictitious forms and ceremonies which deserve, in truth, no better name than that of a legal hocus-pocus ; and there is perhaps not an acre of land in the kingdom of which the title has not at some time or other rested, if it does not rest now, upon a fraud of this sort. It is only a few years ago that the Legislature, after long connivance at this habitual evasion of its will, superseded the elaborate trickery of the law by the facilities of a legal enactment. Not only is the right of reverter upon a simple gift to a Corporation inferior in value and degree to the rights of reversion I have been speaking of, but in the case of gifts to a College there is strong reason for contending that it does not exist at all. The right of Visitation incident to all such gifts, calculated as it is to prevent any deviation from the terms upon which they are held, affords a strong presumption that the donor in any such case never contemplated the possibility of a reverter ; and in the case of a gift by a Founder, it would greatly prejudice the right in him or his heirs to take advantage of a forfeiture, that the Visitor who represents him or them might by due vigilance have prevented it. A stronger reason is this, that a gift to a College is not in any case a mere gift to a Corpo- ration ; it is in every case, I believe, coupled w’ith the expression of such a general charitable purpose as would, in the case of a gift to trustees, be an absolute perpetual dedication of the property to charitable uses, if not those prescribed by the donor, then to some other to be ap- pointed by the Court of Chancery, d'his is the well-known principle according to which money given before the Act of Toleration to endow a teacher of the tenets of Baxter was trans- ferred to Greenwich Hospital, without regard to the claim of the testator’s next of kin. When the charitable gift is to a College or other Corporation, and to be enjoyed by its 4 k H. W. Acland, Esq., M.D., F.R.S. Charles Neale, Esq., M.A. Restrictions on Fellowships. No legal right in the heirs of the Founder. 240 OXFORD UNIVERSITY COMMISSION. Charles ^eate, Esq., members, the intention to benefit them is considered as that which is primary or essential so charity is for a time at least, absorbed in the Corporation ; but supposing the corporate body to be dissolved either by its own default, or by act of the Legislature, 1 Lbmit that the general charitable purpose which had been for a time in abeyance tvould then take effect, so as to place the property at the disposal of the State, represented by the Court of Chancery. How far is there any It seems, then, that the Legislature may properly deal with this question of close Fellow- S^part ofthe”*^ statutable restrictions in any other matter, without any regard to any legal rio-ht State? ^ lieirs of the Pounder ; but there still remains the moral obligation to observe the con- tract made by the State, when in the persons of those whom it incorporated for that purpose. The Stale accepted at the same time the gift, and the statutes or conditions with which it was accompanied. Precedents of the Reformation. Opinion of eminent Lawyers. Of Lord Lough- borough. Some argument, good at any rate as an argumentum ad hominem,” might be founded on the way in which those more immediately subject to the obligation of these statutes have in many instances found it necessary or deemed it right to deal with them ; and a strono- precedent for the exercise of a similar right by the State may be found in what was done at Y", ^ - ,h ^^'hen College endowments were, by Act of Parliament, transferred from Roman Catholic to Protestant bodies. I do not put this as conferring upon the State any right winch it had not before, for a right is not acquired by a wrong ; but if the State had then the right to adapt even the religious character of Universities and Colleges to that of the larger community of which they are a part — if it was justified in assuming that Pounder’s born in other times would, if they had lived to that day, have opened their eyes to the better light which that day brought forth, how shall we deny to the State now the right of a simdar adaptation, the benefit of a like assumption ? If the necessity for any change is less, the chano-e itsell is less also ; there is still the same proportion between the motive and the act. ° It is worthy of note here, with reference to a groundless distinction that has been made by some, that the change at the Reformation, viewed in this light, affords an argument which applies as much to Colleges which have been founded since that time as to those which existed before. But it needs, or should need, little argument to show that the State does not recognise in individuals, as it does not, claim for itself, the right of subjecting property to perpetual restric- tions ; and that as it has in the case ot private property reduced that right to very narrow limits, those of a life in being, and 21 years after it, so a fortiori it will not allow against itself, and as applicable to property of a public destination, the claim of an inviolable perpetuity. Still something there is of moral obligation towards the memory and wishes of a Founder, an obligation, like most others, indefinite in its requirements, and not privileged against circumstance, but binding at least to this extent, that we should give effect to the general purpose of the institution, so far as we can know or presume it, ancl so far as such purpose is now legal and beneficial. I will endeavour to state and illustrate this as it applies to the present case. The general, the prevailing purpose of Universities and Colleges in this country, is to promote religion and learning; the religion, unless we repudiate what was done at the Reformation, being liable to change with the convictions of the State; the learning, unless we can give life to the Canon Law and truth to the Ptolemaic system, being subject to the uses of the time, and open to the advancement of the age. If w'e were now to apply to the endowment of a Hospital what was given for the maintenance of a College, we should not only be diverting a noble stream from its proper course, but we should be disappointing a just expectation, we should be violating a legitimate contract ; but we may have a right to urge in defence of other changes, that the general purpose of a Founder is best fulfilled, his bounty most beneficially enjoyed, his name most honoured in his work, in those Colleges which are most free, in the disposal of their funds, from local preferences and the claims of blood. Quite apart from the respect that may be due to the wishes of Founders, and from any claim that may be set up on behalf of their heirs, there remains to be considered, on grounds perfectly distinct and independent, the right of those who claim for themselves, under the statutes of any College, the benefit of a preference in elections. Here too, and indeed more especially here, it is important to know what is the value and extent of the legal right which it is proposed to limit or destroy. For this purpose we cannot indeed refer to the decisions of any Court of Law, for Courts of Law, as such, have no jurisdiction in this matter ; but we have for our guidance and instruc- tion what is of almost equal authority, the deliberate and judicial opinion of eminent lawyers who have from time to time been called in as assessors by College Visitors, or have given judgment themselves as Visitors on behalf of the Crown. 'File latter sort of cases only have found a place in our Law books, and to them alone I shall refer, not only as being the most accessible, but as having the highest legal authority, the Visitor in all such cases being the Lord Chancellor. Tie following are, I believe, the most important of the reported cases : — First. The case of Ex parte Wrangham, 2 Ves, jun., p. 609, which was that of a Petitioner claiming a preference, as being a Member of the College, and “ fit,” according to the terms of the foundation. Lord Loughborough held that in such a case, that is, the case of a preference qualified by a condition of fitness, the Fellows with whom the election rested were not bound to state in what way the person rejected was not fit; it was sufficient for them to say that they did not think him so. Lord Loughborough further states, as a reason for his decision, that even if he had thought the Fellows had made a wrong exposition of the statutes by looking at points which they ought not to have considered, such as defects in mere manner, or even that they had judged the EVIDENCE. 241 Petitioner unfit, for the most foolish and frivolous reasons, he should do ill with regard to the peace and harmony of the College, and the purpose of the institution, if he were to exercise a power of putting the Petitioner into the Society ; that in truth he had no such power, for he had no power to compel an election, nor to order admission without election, and that the Fellows might, by refusing or omitting to elect, throw the appointment into the hands of the Master, as j^rovided by the statutes in such a case. 7’he next case, though less striking, is more important: it is that of Ex -parte Inge, which came before Lord Brougham, and is reported in 2 Russell and Mylne, p. 590. The lollowing is the substance of that decision as stated in the marginal note : — “ A person who endows a close Fellowship in a College comprising other Fellowships of an older foundation will be presumed to be generally conusant of the statutes and rules of the College, and to mean that his Fellow shall be subject to the same provisions with respect to election and admission as the other Fellows, except so far as those provisions are controlled by the express terms of the endowment. Candidates, therefore, for such close Fellowships may be subjected to examination to try their fitness, but the standard of merit set up on the exami- nation of such a candidate should be not relative but positive, merely ascertaining that he is duly qualified, and having no regard to the comparative qualifications ol his competitors.” The same principle is again laid down by Lord Brougham in the case of Ex parte , in the matter of St. John’s College, Cambridge, reported in the same volume, p. 603, where he says, “ In open Fellowships the principle is detur digniori, in proprieties detur sed digno." It is fitting to observe here, and it may be important to bear in mind hereafter, that the principle of “ detur digniori ” has only grown into a rule in some Colleges, and that by voluntary adoption, llie standard of merit in most, if not in all, cases, according to the statutes, is, I believe, positive and not relative. The comparative test by examination, where the relative standard is admitted, has been resorted to partly for the sake of fairness, partly for the sake of convenience, but the obligation to applj' it without qualification, even as a test of talent or acquirement, has never, as far as I know, been recognised in the most open Colleges. The recent decision of Lord Cottenham in University College case, reported in 2 Phillips, p. 521, is worthy of notice, not as supplying a rule for ascertaining the extent of any pre- ference, but as a striking specimen of the spirit in which restrictions upon the freedom of College elections are viewed by the most eminent lawyers. In that case Lord Cottenham, after deciding upon grounds not very conclusive, that the condition of “priesthood” was satisfied by Deacon’s orders, further held, that the time for fulfilling that condition, which was essential to eligibility as full Fellow, was not limited to the six months, being the ordinary period of probation, at the expiration of which the probationer, if not elected, w^as to be utterly excluded from the College. Without presuming to question a decision resting upon such high authority, we cannot help feeling, when reading this case, and that too of Ex parte 'Wva.wfao.m, the first noticed, that restrictions upon eligibility and exclusive claims to election are somewhat lightly dealt with by the law; indeedit is impossible to suppose, it wmuld even be alarming to believe, that any question of legal right arising between A. and B. could be tried either upon Lord Lough- borough’s principles of social equity, or treated with the conjectural freedom ot Lord Cotten- ham’s interpretation. The cases altogether seem to establish this result, that it lies ultimately within the con- science of the electing body to determine in each case the question of fitness, and that the standard by which that question is to be tried is liable to vary, and to be raised not only with the general level of the University, but with the elevation of the particular College above that level. Where the raising of the standard is to stop, how far, if at all, short of the point at which nothing is left but a ceeteris paribus priority, it is not easy to say. If the standard of merit for all Fellows is, or may be made a positive one, and if, as laid down by Lord Brougham, close Fellowships are held upon the condition of conforming to the rules of the College in respect to election and admission, what ground is there for having in the same College two distinct positive standards? and what is there left to those claiming a preference but a cseteris paribus advantage, no small thing after all, as my experience of open College elections would lead me to believe ? Another consideration materially affecting the standard of merit to which claims of prefer- ence may be fairly subjected, is one arising from a change in the character and destination of the bodies to which they attach. The general and prevailing purpose in the foundation of all Colleges is the prosperity and usefulness of the institution, and by that general purpose the intention of all sub.seq.uent endowments, according to the principle laid down \\\ Ex parte Inge, is to be controlled. Now Colleges have changed, no matter in what way, from learning to teaching bodies, and we have a right to assume that an alteration by which they have gained so much in importance and utility is agreeable to the intention of the Founders, more especially as that alteration has been the result not of any violent transformation, but of a gradual growth and development. If then we apply to this altered state of things the principle of the parti- cular interest being controlled by the general purpose, we have a further right to assume, not merely as a matter of legal inference, but as being also probably true, that Founders and Bene- factors would not now' consider the standard of learning and capacity by which the claims of a youthful scholar were to be tried sufficiently high a test for those who are to be themselves instructors of youth. It matters little, in my opinion, in these cases of close or preferential Fellowships, whether 4 K 2 Charles Neate, Esq., M.A. Of Lord Brougham. Of Lord Cotten- ham. Change in the circumstances of uic Wuiiege. 242 OXFORD UNIVERSITY COMMISSION. Charles Neate,Esq., M.A. Founder’s kin. Particular schools. Where it is not, we Preferences given to localities. any condition or fitness is or is not expressly added to the endowment, have, according to the doctrine of Ex parte Inge, a right to imply it. But however indefinite may be the measure of benefit justly attaching to any right of pre- ference, however difficult it may be to make good a claim founded” on it, there is most undeniably, in several distinct classes ot cases, a right to some prelerence, restino" upon clear and definite grounds. “ Such rights may be divided into three sorts, accordingly as they attach to place of birth, or to kindred, or belong to schools or corporations. The first sort is that which it is naost easy to dispose of. A locality, whether it be a diocese, or a county, or a town, and where it is merely referred to as part of a descript io personse, is not such a legal entity as is capable of receiving or transmitting a legal right. Those who claim a preference by reason only of their place of birth, claim it as answering themselves the par- ticular description required by the endowment. No one has any such interest as the law will notice in the maintenance of such a right, except those who have now actually fulfilled the condition to which that right attaches, by being now actually born within the prescribed limits. If it was the case of an ordinary charity vested in trustees and applicable for the benefit of the inhabitants of a particular county, and it was proposed by a new scheme to admit the inhabitants of other counties to share equally with them, "the Attorney-General mio-ht resist, and propably would resist, and that effectually, any such diversion of the charitable fimd from its specified purpose; but he would do so, not as representing the particular county, and not necessarily at the instance or on the relation of any of its inhabitants ; but he would do sa as representing the State, whose duty it is to see that charitable property, being public pro- perty, is rightly administered, the rule of right being in ordinary cases the intention of the donor. If, however, in the case of local Fellowships,' the State be justified, as between itself and the Founder, in setting aside the particular intent of local preference in favour, of the general purpose, and I think the State is so justified after the lapse of a certain period of time, there are no legal rights in the way of such a change, except those of persons now actually born. To take rights away, would be, I think, simply an act of spoliation, though of course the extent of preference attaching to them is subject to the considerations above stated; but saving those rights, there is nothing left for the defence of local preferences, but the moral obligation, such as it is, of respecting the wishes of the Founder. This, I think, we may properly disregard in this particular, in the case of all ancient foundations, the motive for preferring particular places being in most cases worn out by lapse of time, and the desire of the Founder to be remembered in one place more than another being hardly such an obstacle as should be allowed to stand in the way of any measure having for its object the improvement of his bounty. As to those foundations which are more recent, it is not easy to fix upon any principle the particular period at which we may be justified in enlarging the limits of a gift ; but I think enough will be done if we leave tho.se limits undisturbed for a century, reckoned from the date of the foundation. We shall then have allowed to the Founder a greater power of creating a future private right than is admitted by the general law of the land in the disposition of private property. The right of Founder’s kin is of a different sort. It is a transmissible right now vested in all who answer the description, and in the perpetuation of which they have the same interest which they would have in the perpetual descent of a fee simple estate. It is the same as if a man had, either by grant of the Crown or by prescription, for himself and his descendants, a perpetual right ol sporting in a royal forest, or a perpetual right of common in a particular waste. File right, however, loses much of its present value from being inalienable, and the interest which a man has in the fortunes of his descendants beyond a very limited period is hardly capable of pecuniary appreciation. The feeling too connected with it in most cases soon reaches the vanishing point, and where it exceeds the ordinary bounds it is but little entitled to consideration. After a limited period, reckoned from the present time, we may then, without appreciable injury to those who now' answer the description of Founder’s kin, and who represent the whole interest of their descendants, apply the principle de minimis non curat lex ; and we may do so with the less scruple, as the right to be affected, being inalienable, is con- trary to the general policy of the law. But we owe it to present expectations not to alter in any way the position of those whose career in life has been selected with any view to the advantages now belonging to Founder’s kin. I would suggest, therefore, that we should leave the right, as it is now enjoyed, untouched for a period ol ten years. After that I would allow to all now existing Founder’s kin and their children a preference, subject to a caeteris paribus test of merit, which, perhaps in strictness, we should be justified in imposing at once ; but by exempting the right at first from that test, we give, I think, a sufficient consideration for abridging its existence. The preference given to schools in the shape either of rights of nomination or exclusive eligibility, amounting in some cases to an incorporation of the school into the College, rests upon special, and I think, upon stronger grounds. In these eases there is, in the first place, a distinct body or society, capable in law, either in itself or through the medium of its trustees, of receiving a property or right, and trans- mitting it in regular succession. It is not therefore only that a preference is given to such persons as may from time to time answer a particular description, it is rather that the endow- ment itself was from the beginning divided in certain proportions between the College and the school, the title of each to its share being equally strong, and the College, though legal holder of the whole, being trustee of the part which is dedicated to the school. In some cases, at least in the two instances of the two St. Mary Winton Colleges, and the EVIDENCE. 243 Colleges of King’s and Eton, the connexion is still closer; the two associated Colleges in each of these two cases resting upon one foundation, and being parts of the same whole. In the second place, the rights annexed to schools have, in comparison with other rights of preference, this special ground to recommend them, that they are or ought to be made the rewards of merit; they are in a double character educational endowments, they support the school while they supply the College ; and though felt less widely as motives to exertion than open Fellowships, they act upon those who may hope to enjoy them, more closely, more continuously, and from an earlier period. The first part only of the last preceding observations applies to nominations vested in corporate bodies, not connected with any school, and therefore, though subject to the test of fitness, not necessarily, indeed not habitually, given as the reward of merit : still they are, like the right of presentation to a living, valuable legal rights vested in existing bodies, and though their exercise may properly be made subject to new regulations and conditions for the benefit alike of the College to which they attach, and the communities to which they belong, they ought not simply to be taken away. As Lord Brougham observed in the case above referred to, affecting St. John’s College, Cambridge, “ to give a Fellowship not subject to any test of ability would be to confer no benefit either on the College or the town.” This was said in reference only to the right of the College to examine the nominees of a Corporation, but a further application of the same principle would, I think, justify an enactment annexing such and all similar rights of nomina- tion to some particular school, to be selected with the assent of the nominating body. It would be advantageous in many cases to commute these rights of nomination, whether belonging to schools or Corporations, into an annual payment, applicable in some other way to the purposes of education. This might be done by allowing these rights to be purchased by those schools which could turn them to the best account. An occasional right of nomination, occurring at remote and uncertain periods, can have little beneficial effect upon the studies of a school : they do good only, they do most good certainly, when they are sufficiently numerous to supply a regular succession of rewards, a continued source of emulation. But whatever may be done, as much may be rightly done in several ways, to make these rights of nomination, or of exclusive eligibility, more conducive to the good alike both of Colleges and schools, I cannot think that the State would be justified in dealing with them upon any other footing than as being, though indefinite in extent of enjoyment, and liable to stricter conditions of fitness than have hitherto been imposed, in respect of legal title, positive rights of property. Management of College Property. Assuming that it falls within the scope of the Commission to inquire how far the revenues of Colleges may be improved either by a better administration of their property, or by an alteration in the laws which relate to it, I beg leave to submit to the consideration of the Com- missioners the following observations, upon the latter point more especially. The statutes containing the law upon this subject apply, with one exception, to the property of Bishops and Deans and Chapters. The statutes common to both are the 18th Elizabeth, c. 6, 18th Elizabeth, c. 11, and the 14th Elizabeth, c. 1 1, which last I mention out of its order in time, as it applies only to houses. The statute applicable to College property alone is the 13th Elizabeth, c. 10, relating to corn-rents, which we will presently consider apart. The effect of the three statutes first mentioned, which is purely restrictive, is that Colleges cannot grant leases in the case of land for more than 21 years, or three lives, except in the case of houses in a town, which they may lease for 40 years, and cannot grant leases in reversion when the existing lease has more than three years to run. There is no fault to find with the limitation as to the period of leasing. It would have been better, indeed, if the limit had been still closer ; but mischief has arisen, and continues to arise, from the restraint upon leases in reversion. The object of this was, no doubt, to protect future members of Colleges from the cupidity of their predecessors, who, in times less scrupulous than our own, would, in many instances at least, have kept up their leases to the full amount of 21 years, by granting leases in reversion in trust for themselves, ast individuals, which, though of no great value in respect of the use of the property, would, by interposing an estate, though small in possession, between the expiration of the first lease and the reversion to the College, have put the holders of such estate in a position to exact an exorbitant price for the surrender of that interest. The object, at any rate, of the restraint was, it should be borne in mind, for the benefit of the Colleges themselves as bodies. The effect, however, has been most disadvantageous to them as regards the relation between them atid their lessees. It gives to the latter the advantage of being the oidy parties with whom the College can deal, until the lease is within three years of its expiration, and this, coupled with the practice of renewals upon fine, has given to the lessees, to a far greater extent than is compatible with justice to the interests of the College, the power of making their own terms. The system of renewals upon fine is too well known to require explanation, nor is its origin more than a matter of curiosity. Whether or no it existed before the date of the restraining statutes (and it certainly did not then exist to the same extent, and probably not in the same form, as afterwards), since the passing of those statutes, and viewed in its relation to them, the system is a joint contrivance of lessor and lessee to evade the intention of the Legislature ; that is, it is, in a certain sense, a fraud upon the law. This mode of letting is commonly called by the name of beneficial lease, not as importing any peculiar benefit to the tenant upon the whole course of dealing, but because the lease, while it lasts, is beneficial to the extent of the differ- ence between the rent actually reserved and the rack-rent value, the full consideration or price Charles Neate , Esq. , M.A. Management or College Pro- PEETY. Limitations as to the period of leaving. Renewals upon fine. 244 OXFORD UNIVERSITY COMMISSION. Charles Neate, Esq., difference, it may be even more than that, having been paid beforehand, under the M.A. name of a fine. I owe some apology to the Commissioners for presuming to offer them any explanation upon a point so well understood by those who ai-e conversant with this subject. I should not have done so, if the Select Committee of the House of Lords, to whom the Churcli Lease Bill of last session was referred,- had not in their Report adopted the popular — I should, if it had appeared in any other quarter, have called it the vulgar — error, which supposes that Church leases have been termed beneficial “ because they have been generally renewed upon terms so favourable to the lessees.” The advantages of this system, such as they are, have been to relieve Colleges from the trouble and risk of managing their own property, and, by devolving upon the lessees a good deal of the rights and duties of a landlord, to secure at their hands a more liberal dealing with the property and its inhabitants than could be expected at the hands of an ordinary tenant; — • and in many cases where the property is distant, where there is a mansion upon it, where it is suitable in all respects for the residence of a gentleman, I do not know that Colleges can do better for themselves or their property, or can better consult their interest and discharge their duties as landowners, than by letting their property in this way to icell-selected tenants, that is, always supposing the reserved rent to be high. It ought not, in my opinion, to be less than two-thirds of the full value — the margin of one-third beinoration : “ It is clear now “ that the Universities are lay, civil corporations :” “ the University is notan eleemosynary “foundation, but a civil corporation.” Now it is unquestionable, as Lord Mansfield says, that “the Universities are /ay incor|)orations that is their genus : but what is their species^ are they eleemosynary or civil ? This makes all the difference in respect of visitation. Blackstone speaks with some hesitation as to the corporate classification of the University. “ Ainong these (civil corporations),” he says, “ I am inclined to think the general corporate bodies of the Universities of Oxford and Cambridge must be ranked, for it is clear they are not spiritual or ecclesiastical corporations, being composed of more laymen than clergy- men : neither are they eleemosynary foundations, though stipends are annexed to particular Charles Neate, Esq., M.A. Rev. J. Wilkinson, M.A. ViSITATORIAI, POWER OP THE Crowx. Lefial opinion airainst this power considered. The jurisdiction of the Queen’s Bench not strictly Visi- tatorial. The University not simply a Civil Corporation. *_ See Report, Appendix B., p. 25. 246 OXFORD UNIVERSITY COMMISSION. Rev. J. Wilkinson, M.A. Historical pre- cedents before the Reformation. Avowed object of the Corporation of the University. Cases of inter- ference in Uni- versity legislation by King Edward III. by King Henry V. by King Henry VII. by King Henry VIII. by King Edward VI. magistrates and professors, any more than other corporations where the acting officers have standing salaries, for these are rewards pro opera et labore, not charitable donations only, since every stipend is preceded by service and duty ; they seem therefore to be merely civil corporations.” (i. 471.) There are historical inferences for the mixed corporate character of the University of Oxford. Before the Reformation, it was partly ecclesiastical, partly civil : ecclesiastical in its subjection to Metropolitan and Episcopal visitation, from which it was exempted by different Popes ; civil, as existing by Royal charters, and under the continual supervision and control of the Crown on all possible occasions. The Universities continually refer to their “Papal and Regal privileges.” (Anthony^ a Wood, a.d. 1434; and the Bulls of Boniface IX. and Sextus IV.) The former they got renewed whenever they could: the latter generally “ at the entrance of every new King.” (Wood, L510.) Partly also eleemostjnary. The University has indeed now “ no endowment from the Crown applicable to its general purposes all payments now made by the Crown are “pro opera et lahore but still the University is styled of Royal “foundation and patronage,” apparently referring to more than incorporation. (Wood, 1396.) And it was probably at one time endowed by Kings of England in a purely eleemosynary way. To say nothing of Alfred, we read of Henry VI., l441, giving a manor for the support at Oxford of five poor scholars from Eton, and making the brethren of St. Anthony’s Hospital his trustees. In 1472 an Act of Parliament was passed “ to resume all manors, lands, tenements, &c., granted by the King (Edward IV.) to any person since the beginning of his reign, among Avhich the Universities and Colleges are remembered as part : but the University of Oxford, taking it grievously, wrote divers epistles to them and the King about it, and forthwith found remedy.” Besides “ the revenues of the University are now derived (in part) from the benefactions of private persons ;” and so they were in early times. There was the money gift of the Countess of Warwick and the Warwick chest to contain it, 1293 ; the Turvyle and Langton chests, 1336; the Chichele, 1431. Indeed these chests so increased, that Thomas Browne, Bishop of Norwich, left a sum of money to build a house to hold them, besides gifts to poor Oxford scholars from his Diocese, 1445. And almost all the public buildings for academical purposes Avere built by charitable contributions levied on the Avealthy and influential friends of the University. Noav, Blackstone tells us (i. 481) “ If the King and a private man join in endowing an eleemosynary foundation, the King alone shall be the Founder of it;” that is his prerogative. And if the King be founder, he is Visitor, for “AA'ith respect to all lay corporations, the Founder, his heirs, or assigns, are the Visitors, Avhether the foundation be civil or eleemosynary.” (Blackstone, i. 480.) Again, to take an argument as to the character of a corporation from its avoAved end and purpose. Civil corporations are erected for “ temporal purposes” (Blackstone, i. 470), such as the good government of a toAvn ; but the University for “ the maintenance of a good and godly literature, and the virtuous education of youth” (13 Eliz. c. 29). The mayor and burgesses of the city of Oxford are a civil corporation. Is there no legal difference betAveen them and “ the chancellor, masters, and scholars of the University of Oxford ? ” Again, “ in ecclesiastical or eleemosynary foundations, the King or the Founder may give them rules, laAvs, statutes, and ordinances, Avhich they are bound to observe : but corporations merely lay, constituted for civil purposes, are subject to no particular statutes, but to the common laAv, and to their OAvn by-laAvs, not contrary to the laAvs of the realm.” (Blackstone, i. 478.) So also Chief Justice Holt, before quoted, says, “ they (civil corporations) are not subject to any Founder, or Visitor, or particular statutes.” Noav, it is notorious that the Kings of England have at different times, as Kings and as Founders, given the University many “ rules, laAVs, statutes, and ordinances,” Avhich the University Avas bound to observe, and Avhich, as far as I knoAV, it did observe Avithout a single instance of Avilful disobedience. In the earliest times the King seems to hax^e sent down his orders direct to the University, either by letter, or brief, or prohibition, or commissioners, Avithout the recognition of any particular statutes besides the Royal privileges. In 1375, hoAvever, Ave find EdAvard HI., in whose long reign our constitution Avas consolidated generally, and Avho took much interest in University affairs, freeing Graduates in Civil and Canon LaAV from the obligation of certain statutes made against their interest by the Graduates in Divinity and Arts, and afterAvards, on a fuller understanding, issuing a commission “ to examine parties and bring them to an amicable concord;” Avhich Commissioners cancelled the objectionable statutes, and “by the authority granted to them made tAvo iiAore, favouring the civilians and canonists.” In 1421, Henry V., himself an Oxford scholar, purposed reforming the University statutes. In 1494, Henry VI 1. Avrites to the University, in prevention of probable disputes, that “ the mem- bers of the University do not think of electing a ncAV Chancellor till they heard more of his pleasure concerning that matter.” They “ ansAvered Avith all submissiveness that they ‘ Avould obey Avhat he had commanded.’ ” When a vacancy occurred, the King delaying to signify the person of his choice, they proceeded to an election Avhich Avas satisfactory to the King. He hoAA'ever, in 1502, “by command giA’en to certain Commissioners in this case, ordered a particular statute to be made, Avhich being accordingly done, Avas inserted among the rest of the statiates.” In 1541, Elenry VIII. regulated the election of Proctors, by “ ap- pointing that none should undergo that place unless he Avas eight years’ standing complete in the Degree of Master of Arts,” and by “ ordaining this year and for ever after, till an advertisement Avas given to the contrary,” Avho the electors should be. In 1549, EdAvard VI., by his Visitors, put in the place of the old statutes a Avhole body of new, Avhich remained in force till the enactment of the Caroline Code, except Avhen suspended by Cardinal Pole, Avho gave statutes of his oAvn, Avhich in their turn gaA'e place in 1559 to those of EdAvard. EVIDENCE. 247 Under Elizabeth, the Earl of Leicester seems to have taken into his own hands a great part of the power, both legislative and executive, heretofore exercised by the Crown in the University. 1616, James I. writes to signify his pleasure concerning subscription to the three articles of the 36th canon by all candidates for Degrees, and decrees were made accordingly in Convocation the following year to enforce what he desired, with the addition of subscription to the 39 Articles. In 1629, after various interferences by the Crown in the election of Proctors, the ])rocuratorical cycle and the statutes relating to it were sent with a letter by Charles I. to the Chancellor, by whom they were laid before Convocation, and there published and consented to. 1631, “ the weekly meeting of the Heads, conformably to the ordinance of the most serene King Charles I., which has been graciously transmitted to the University in that behalf.” (Car. Stat. Tit. xiii.) And lastly, 1636, the Caroline Code “accepted, approved, ratified, and confirmed by letters patent.” If there were any doubt as to the authority of the Crown here, the Caroline Code is a Charter granted at the suit of the University, and as such must be construed “most beneficially for the King and against the party ” (Blackstone, ii. 347) : but there is no need of this, the Code itself provides, in regard to “statutes sanctioned or confirmed by the King’s authority,” i. e. the whole Code, that “ the special licence of the King himself” shall be necessary before the introduction of any explanatory statute into Convocation (Tit. x. sec. 2, chap. 2). A large power of initiating legislation is also given to the Crowm, and that by way either of “ com- mand or suggestion ” (Tit. x., sec. 2, chap. 5). Now referring to the quotation above from Blackstone (i. 478.) I would infer from the subjection of the University to “particular statutes,” many of which were introduced by Kings, and all of which now in force were confirmed by a King, that the University of Oxford is not a corporation “merely lay, constituted for civil purposes,” but pro tanto partakes of the nature of an eleemosynary foundation. Nor is this inference from the legislative action of the Crown upon the University weakened by a consideration of its judicial and executive action. It may be admitted that the royal right of visitation cannot be historically based upon such “ acts of the prerogative as the preservation of the peace and the administration of justice,” be- tween the town and the gown, northern or southern scholars, Welsh or Irish ; or upon “ the powers given to the Crown by Acts of Parliament ” now repealed ; or upon “ the undefined notions in the days of the prerogative,” which had some difficulty in removing an Llniversity Smithfield,* and was called in to pitch the streets ; or upon “ the personal character of the sovereign ;” or upon “ the peculiar necessities of disturbed periods, which are no precedents for other times.” I will refer to circumstances which are not open, in my judgment, to these or any other just exceptions, and which seem to me of a visitatorial character : such as, the reception and decision of appeals, the inquiry into and the correction of irregularities arising in the corporation itself, general superintendence of the corporation as to the discharge of its duties, the sum of which is the fulfilment of the design of its institution ; the Visitor’s rule of proceedings being the statutes of the society. I will first mention acknowledgments, by the University itself, of the Visitatorial Power of the Crown. In the year 1397, Archbishop Arundel resolved to visit the University for the estab- lishment of sound doctrine there, but apprehending opposition on account of the Univer- sity s Papal exemption from Archiepiscopal and Episcopal authority, he requests the interference of King Richard II., who accordingly wrote to the Chancellor and Scholars that they claim no such exemption under the Pope’s bull “ to the prejudice of the King’s authority but that they altogether renounce it with attestation under their bonds of the fact, before and in presence of the King’s nuntio.” This they appear to have done. They then took up another gound of opposition to the Archbishop : they alleged, “ that the right of visiting belonged to the King,” to whom they referred the dispute. Richard, however, decided, “ that the right of visiting the Chancellor and Scholars of the University of Oxford doth belong, and ought for ever to belong, to the Archbishop of Canterbury and his church, and not to him, as they allege.” This disclaimer was no renunciation of royal authority. The King thereby simply put the matter on the right footing, showing that the question did not lie between himself and the Archbishop (as the University wished to make it appear), but between himself and the Pope, and in deciding for the Archbishop against the Pope he asserted his own supremacy. He besides indicated his willingness to give free scope to the exercise of spiritual jurisdiction, provided it were native. The * The parallel is so strong between Oxford in the 14th century and London in the 19th, that I must ask permission to quote the following. “The King, Edward III., being given to understand that a great many beasts, as oxen, cows, sheep, and calves, were daily killed within the walls of the town, and also that dung, garbage, and other filthinesses were commonly laying in the streets, lanes, and alleys thereof, through and by which the air was so much infected that not only nobles but others ot interior note did decline coming near the said town, and also that many, as well Scholars as Burghers living therein, were overtaken with infirmities of body so that many of tliem died; he therefore commanded that proclamation should be made against all butchers or others that kill any such cattle. Hereby the mayor and burghers taking it very grievously that there should be such a disturbance made among them, and especially among the butchers, returned answer to the King, ‘ that in ancient time beyond all memory a certain place was deputed and ordained for butcher.s, wherein they might kill their beasts, and sell flesh, which place was rented of the King for lOO shillings per annum, and was part of the fee farm of the town ; therefore the said butchers ought to exercise their trade in the said place without any interruption, and especia.lly for the reason that another place cannot be provided for the exercising their trade without diminution of the fee farm aforesaid.’” “ At length the said nuisances being visib e to all, the butchers places of killing were removed to Lumbard or Slaving-lane, without the South gate.’ (Wood, Annals, 1338, 9.) 4 L Rev. J . Wilkimoriy M.A. By King James I. By King Charle.s I. Acknowledgments of the Visitatorial Power of the Crown by the University. Case of Archbishop Arundel and King Richard II. in 1397. 248 OXFORD UNIVERSITY COMMISSION. Rec. J. Wilkinson, M.A. Case of Archbishop Arundel, Pope Boniface IX., and King Henry IV., in 141 ]. Case of Archbishop Laud and King Charles I. in 1G36. Case of the Parlia- mentary Visitation in 1647. Case of Dr. Bentley in 1718. Arguments of Prynn. Delegacy of, Convo- cation. Visitation of the Colleges. Archbishop proposed visiting solely “ quoad haereticam pravitatem,” which the King was desirous he should do ; but Boniface IX. had exempted the University ‘‘ ab omni jurisdic- tione, dominio, vel potestate quorumcunque Archiepiscorum, — E])iscoporum, et aliorum ordinariorum judicum.” In 141 1 the same dispute was revived. The Archbishop again resolved to visit; the University again put forward the same pleas. 4 he King, Henry IV., on reference to him, ratifies the decision of his predecessor, viz. “that whereas the University pleaded that they were exempt from Archiepiscopal and Episcopal visitation by the bull of Pope Boniface iX. (which was adjudged jirejudicial to the Crown, and they thereupon alleged that the King was the sole Visitor), he pronounced that the right of visi- tation of the University did solely belong to the Archbishop of Canterbury,” with a threat of seizing into the King’s hands all their franchises till submission. 'I'his was confirmed by Parliament. I am come now to the well-known case reported in Rushworth’s collection (ii. 324). In 1636 Archbisho]) Laud claimed to visit in sjnrihialibus both the Universities, Jure metropolitano. The University pleaded that the right of visiting was settled in the King alone, as King and their Founder. The cause came to a hearing before His Majesty in Council. The Earl of Holland, Chancellor of Cambridge, claimed exemption for his University from metropolitan visitation, “ it being never wont to be visited, save by His Majesty, and those by commission from him.” The Attorney-general, Sir John Banks, the Archbishop’s counsel, says, “ It must be acknowledged that your Majesty is supreme ordinary, and hath supreme jurisdiction, and may visit both the Universities by your commission, notwithstanding you may do it by your Archbishop, — this is an undoubted right.” — This may be taken to treat the University as an ecclesia.stical corporation; but not necessarily so, — ordinary is sometimes synonymous with Visitor. The counsel for Cam- bridge puts the royal right of visitation upon the ground of original foundation : “ We are styled a University founded by your Majesty’s progenitors, wherefore the power doth of right belong to your Majesty; and this is an exemption from any ordinary jurisdiction.” Serjeant Thin, on behalf of Oxford, says, “None can found a University but your Majesty and your progenitors ; so none have power but your Majesty to visit there.” “Several visitations have been made by the King. The University ever visited by your Majesty, or by commission from your Majesty . . .we humbly desire to be still visited by your Majesty putting the royal right on the grounds of foundation and prescriptive usage. Upon the hearing of the whole cause it was declared by the King, with the advice of tlie Privy Council, “ that it was granted, on all hands, that the King had an undoubted right to visit the Universities ; and that the Archbishop had power to visit them as within his province.” Here we have, besides the acknowledgments of the University, the assumption, by the Crown, if not of the title of Visitor, at least of the right to visit.* § In the year 1647 University Delegates f were specially appointed in Convocation to conduct the then “ case on the part of the University of Oxford,” against the Parlia- mentary Visitors. These Delegates “ had power given them to answer and act in the name of the University in all things pertaining to the public good of the University.’^ They accordingly “fortified” all members of the University, who were summoned before the Visitors, with this answer, which was, moreover, passed in Convocation, and was thus, in the most formal manner, the act of the whole University : — “ We cannot acknowledge any Visitor but the King, or such that are immediately sent by His Majesty ; it being one of His Majesty’s undoubted rights . . . and one of the chief privileges of the University . . . that His Maje.sty, and without him none other, is to visit the University.” — (Wood, Annals, 1647, p. 524.) Vice-Chancellor, Proctors, Meads of Houses, Doctors and Masters, all gave the same answer. This acknowledgment of the Royal right to visit the University is the more valuable because these same Delegates denied that the King could visit all Colley es.% In short, it does not appear that the Royal right of visiting the Universities was ever questioned; on the contrary, it was gloried in as an University privilege, and urged in bar of jurisdiction by other parties. And I apprehend this answer is good in law. |1 In Dr. Bentley’s case (R. v. Chan, of Camb. Raymond, ii.) a mandamus had been directed to the Chancellor, &c., of the University of Cambridge, to restore Dr. Bentley to the academi- cal Degrees of which he had been deprived. The University, in their return, relied upon the suspension of those Degrees by the Vice-Chancellor’s Court, and the deprivation by con- * I know that William Prynn undertook to prove that “no Kins; ever had or claimed that privilege; and moreover that King Charles in particular had disclaimed it,” referring to hand’s case ; — and when the Vice-Chancellor and others were summoned before the Committee of Lords and Commons for regulating the Universities, the case at first seemed as if it would turn upon the allegation of the University, that tho King was their Visitor. But this particular point never seems to have come on for argument. The counsel for the Committee, John Bradshaw, took another line, and charged the University with contempt of Parlia- ment. As for Prynn's law, “he confessed that they had no power by their commission to do it (remove Dr. Sheldon from All Souls), but the Paidiament must not be baffled, and that ttiey might do many things ex officio agreeable to the mind of Parliament, though not in their commission.” — (Wood. ii. pp. 537, 569). “ Inveniam viam aut faciam ” should have been his motto. t The change in the constitutional government of the University is curious. Though there were the same statutes in 1647 as now, yet then Delegates of Convocation conducted the case of the University, now a com- mittee of the Hebdomadal Board. The Delegates certainly discharged their dangerous duties with much temper, wisdom, and knowledge. $ “If any man be cited in the capacity of a Head, Fellow, or Scholar of any College (except Christ Church), he is to say that he is to appear before no other Visitor but him whom the statutes of the College appoint to be his Visitor. If it be replied, the King, by whose commission they sit, may visit all Colleges ; he is to answer that the contrary was a judged case, 4° Eliz. in the case of Magd. Coll.” (Wood, ii. p. 520.) § See Appendix C, p. 39. || See Appendix C, p. 40. EVIDENCE. 249 vocation ; and, in support of their jurisdiction, appealed to the Charter of Queen Elizabeth, and the Act of Parliament, 13 Eliz., confirming it. This return was held to belli, because Dr. Bentley had “ been proceeded against and degraded without being heard, which is contrary to natural justice,” and a peremptory mandamus \o restore was granted. But Dr. Bentley’s counsel admitted “that if the University had returned that the King was their Visitor, as they might have done, it would have put an end to the dispute here; but not having returned that they had a Visitor, if it appears by the return that the proceedings in the University have not been agreeable to the rules of justice, a peremptory mandamus ought to issue.” In the case of Philips v. Bury, to which I have already referred, it was held, on appeal to the House of Lords, that the Visitor’s jurisdiction, if he do not exceed it, was not to be interfered with ; and that his determinations are final, and examinable in no other Court whatever. This indeed had reference to an eleemosynary corporation (Exeter Coll.), but I do not suppose that this makes any difference in the principle of visitatorial authority; and I am contending that the University has this incident (visitation) of an eleemosynary corporation. I will conclude with mentioning a few acts of seemingly visitatorial power by Kings, such as, we may suppose, Serjeant Thin alluded to when he based the right upon prescription. In the year 1314, a controversy arose between the Masters of Arts on the one side, and the ])reaching friars t'vho a])pear to have graduated in Divinity) on the other. A composi- tion relating to the solemnization of vespers, preaching, and attendance on lectures, dispu- tations and determinations (all purely academical matters), was made between the parties and confirmed by the King. The controversy, however, still continuing, through the Po]>e’s interference, the Chancellor appealed, 1318, to the King and his Council in Parlia- ment at York, who desire the sheriff to assist the Chancellor in the maintenance of ])rivileges granted to the University by the Charters of the King and his progenitors. 1322, a difi'ercnce arising between the then Chancellor and the Masters and Scholars, the case was heard before the King in Council, and there determined. In the relative position of the parties, this case is similar to the one between Laud and the University, reported by Rushworth. 1325, a contention existing between the University and the Archdeacon of Oxford as to jurisdiction over Clerks, the Archdeacon appeals to the Pope : the Chancellor and Proctors, on the part of the University, “ say openly that they were not to be impleaded in Courts beyond the seas,” and apply to the King for redress. This Edward II., in the decline of his power, was very little able to give them : he, however, wrote to the Pope ; and so did Edward III., 1335, at the instigation of the Chancellor and the whole body of Masters. 1335, Edward III. granted a commission to put down those who “most impudently studied at Stamford,” the University having petitioned against them. 1349, disputes running high about an election for a Chancellorship, the King interferes, and sends down a commission “ to examine or make search into the said riot, and after they had done so, to settle a right understanding between the parties.” 1379, a visitation of Queen’s College by the Archbishop of ’Vork not proving successful, he invokes the Royal authority in support of his own. 1384, a controversy happening between the Physicians and Lawyers about precedence, the latter appealed to the Pope against the University Statute regulating their place : but Richard II. annulled all causes so translated to the harm of the IJniversity privileges, which he enforced. 1434, the Bachelors of Laws alfecting the title of Masters, contrary to the ancient customs of the University, took their cause from the Chancellor’s Court to the Court of Arches : the University appeal to the King to preserve intact their privileges, and to refer back the cause to the University Court : which was done. 1442, a discord happening between the Grammar Masters and the Masters of Arts concerning the payment of an allowance from the fonner to the latter, both parties “ made their complaint for remedy sake to the King.” 1444, “the King takes order that Latin sermons be duly performed” for the encouragement of the language. Henry VIII. did the same. Charles I. ordered Latin prayers, as well as sermons. 1448, “one Morgan Philip, Clerk, having been banished from the University for some misdemeanor, was, by the King’s letters sent to the University in his behalf, restored to his former state.” I will stop here. I will not refer to the commissions of visitation issued after the Refor- mation, because they are said to be Ecclesiastical commissions, in which the Crown dealt with the University as an Ecclesiastical body, or are founded on Acts of Parliament now repealed. I would remark, however, that a certain spiritual control was exercised by some Kings in the University, even in Papal times, particularly in the suppression of Lollards. There is one more case to which I will call attention, though I am ignorant what amount of authority is due to it. In 161 1, the citizens of Oxford encroached upon the University privileges : “a process of law was had between both the bodies, before the Judges of the King’s Bench,” but without result there. The case was ultimately heard and determined by certain Lords of the Privy Council to whom the King committed it. (Wood, Annals, var. years.) Rev. J. Wilkinson, M.A. Instances of visita- torial interference : Case of the University and the Preaching; Friars in 1314. Case of the University and the Cliancellor in 1322. Case of the University and the Archdeacon of Oxford in 1325. , Case of the University of Stamford in 1335. Case of election to Cliancellorshipin 1349. Case of Queen’s Col- lege in 1379. Case of procedure in 1384. Case of Bachelors of Laws in 1434. Case of Grammar Masters in 1442. Case of Latin Sermons in 1444. Case of expulsion in 1448. Case of Oxford citizens in 1611, 4 L 2 Mi .yr* »JT'?/ 5J' lu I JfJJ .«*n-irW^U <|tt fXJH rtf'* ; littV « 'VI »} Hff ’* •■ »^;*i»' t,.?{h >»J *A •ilU'ctf'il, fW«< ifif. '^4 J ;«)» I • " ' '. . t ij Uv/.ji«. •*;m'u <«■’>■ . ^ ;r»> . [.i lyiM.'i . ;. Hit/jWV rf yi ii/^pi]l^6i>,ik 3 t.ti •{fflj^//i^, (*-j * ^■'’,’ ( ^*4pi-n {, jy^lv,W,,,.!j!|,.,, I ',1^ '3 |;- ■ .if.J - . . V. aIV-^£J*^‘ 3)'.-»'-H- xA li- *%i y^r:B4 '3 ''' ■ % vw,.( v;/';rji^t r'- iit -n fc>.V,' SESlrj*'*' tW^ •»'»(' ‘ -i'll '-fc 4 - /» . ■' /I *rjy i(«h / ifiu'M«y{|’{ :\uJiu ' * ■ >7*1 y ;:_ '*fi)i J. . '4*vi? •'‘*» «** \\ rf' I 'i?< >_ ^!< ■'^n M« (Vl" ‘T vMj >1 J^ft-i.n /ff> ab '>'TW I '#7rrr 47 Jifitvi '^wi/a^WT n^r jiit^ihiw’'! l'>rkf l.i» ^Ul? I ^ j?no6 ri7«iivi yrt >{j^>s''r*i^f' (.l hlhi jnj} » J(fl , 4 yfflfcKvT T.*!? »tu tk/^ utt ^ii ■ I w.'i>m f r [j j ij^l!^ ', * ■Jo. »*i9rtfi|. nt tru’fh .i^utmf>t'-i • - .V , .... . r •..•■■-^v .. .-. . • \ ":^ >jjgsf!L_ ■itaAf* 'i!r»'T’ti Ui kI w'lrtW) y|u,i^*rl(rUV4|,i, r»»iWty^i»>J't3','l'«4il Wl .lii'Jt,**! ,4c ,/i J»'*oliu*nM‘j]()r ■Jmiii ■' •wHr^id'l' -.wjiJi Jluvn 'fii^utiiff'/fki V >J.:i«ffj('. .J>; '•!• '"orf'4' oMbwvpi) r^ijU /pjl \^jUyji>4 I ■’ -M ^ ■ ,/ ■ *:y., ‘ • ■ ,'•^•■".>^^*•118-'^'"*. 4iyr n w> l i*w r. ■ -y ■ ' '.^., .*i>. V .1 K OXFORD UNIVERSITY COMMISSION. EVIDENCE, PART II. PROFESSORSHIPS. 252 OXFORD UNIVERSITY COMMISSION. The following Heads of Inquiry were addressed to each Professor in the general paper transmitted to all the authorities of the University. In some few instances the Answers have been already printed in Part L, as having been incor- porated by some Professors with their answers to the General Heads of Inquiry, but are here reprinted for the sake of convenience. Her Majesty’s Commissioners request you as Professor of , to furnish statements under the subjoined heads, and to give them any further information, or any suggestions which may occur to you in relation to your office : — 1. The nature of the endowment, and its present annual value; and whether any other sources of income are attached to it. 2. Whether any special qualifications are required by Statute in the persons appointed. 3. Whether any residence, lecture-room, library, apparatus, collections, &c., are provided for you ; if so, whether there are any funds for keeping them up. 4. Whether there are any Statutes requiring the performance of specific duties ; and whether those duties are such as could not profitably be now enforced. 5. The mode of appointing to your office ; whether it is held for life, or for a term of years, and whether the person holding it is removable. 6. The nature and number of Lectures usually delivered in each year ; the average number of pupils attending, and the fee paid by each pupil. 7. The general condition in the University of the branch of study to which your Professorship relates, and the means of promoting its advancement. The Answers of the Professors to the Letters of Her Majesty’s Commission inviting co-operation will be found in the Report, Appendix B., p. 10 — 14. EVIDENCE. 253 Answers from the Rev. William Jacobson, D.D., Regius Professor of Divinity. Rev. w^J^obsm, 1. The nature of the endowment, and its present annual value; and whether any other sources of income are attached to it. Professorship of The original endowment, assigned by King Henry VIII. to the Regius Professorship of Divinity, was an annual payment of 40/. In addition to this. King James I. gave a stall at Christ Church, and the Rectory of Ewelme, fourteen miles distant from Oxford. His letters patent were confirmed by Act of Parliament in the tenth year of Queen Anne. In 1620 Sir Christopher Parkins bequeathed to the Regius Professor of Divinity for the time being an annuity chargeable on certain house property in Westminster. The yearly payment made to me, after the deduction for income-tax, is 22Z. 6s. Id. The Regius Professor of Divinity receives, at the end of each term, through the hands of the Divinity Bedell, certain fees for such presentations as may have taken place to Degrees in the Faculty. The sum total of these fees paid to me, up to the end of the third year of my holding the office, was 80Z. 13s. 8tZ. 2. Whether any special qualifications are required by Statute in the persons appointed. 2. Qualifications. There is, so far as I am aware, no statute that at all bears upon this subject. 3. Whether any residence, lecture-room, library, apparatus, collections, &c., are provided for you ; if 3. Residence, so, whether there are any funds for keeping them up. Library, &c. A canon’s lodgings in Christ Church, and the rectory-house at Ewelme. Dr. Richard Allestree, who held the Professorship from 1663 to 1680, left his library to those who should follow him in the office, without any provision for enlarging or maintaining it; assuming that every Professor, for the sake of the use of the books, would gladly keep them in good repair, and so transmit them to his successor. The Dean and Chapter have assigned a room for the safe keeping of this library. The Dean allows the Public Lectures of the Regius Professor of Divinity to be delivered Lecture-room.- in the Lady Chapel of the cathedral, whenever the number of those attending makes such accommodation desirable. 4. Wheiher there are any statutes requiring the performance of specific duties ; and whether those 4. Statutable re- duties are such as could not profitably be now enforced. quirements. Tit. IV. Sect i. § 18, as revised in the year 1839. Professor Regius S. Theologise prime post susceptum munus anno unam lectionum seriem, unoquoque autem sequente anno duas lectionum series legat, in quibus vel aliquam Sacrse Scripturse partem exponat, vel qusestiones ad sacram Theologiam per- tinentes discutiat. 5. The mode of appointment to your office ; whether it is held for life, or for a term of years, and whether the person holding tt is removable. By direct grant from the Crown; the Act of Queen Anne, in confirmation of the letters patent of King James I., expressly dispensing with all the usual forms of installation and institution. The appointment is for life. 6. The nature and number of Lectures usually delivered in each year; the average number of pupils attending ; and the fee paid by each pupil. I have given the Public Lectures three times in each year, with the view of consulting the convenience of candidates for Holy Orders, and of keeping the number of attendants within reasonable limits. This course, intended for Bachelors of Arts, or those who have passed the examination for that Degree, at present consists of twelve Lectures, viz. — i. Introductory to the Study of Theology, and some points of Clerical Duty. ii. iii. On some of the Aids to arriving at the Sense of Holy Scripture. iv. v. On Creeds ; particularly on the three incorporated in our Services. vi. vii. On the Study of Church History. viii. On the Continental Reformation. ix. On the English Reformation. X. xi. On the Book of Common Prayer. xii. On some of the practical Duties of a Clergyman in charge of a Parish. The three courses of these Lectures, in the year 1849, were attended by an aggregate of 232; those of the year 1850 by an aggregate of 234. In the Lent Term of this present year I gave 35 certificates of attendance ; and in the Easter Term, 102. The Private Lectures (in complianee with the Statutum Novum de Disciplina Theologica, issued in 1842, and revised in 1847) are given three times, at the least, in each week throughout the term. My subjects hitherto have been the Scriptorum Ecclesiasticorum Opuscula, edited by Dr. Routh, and the Book of Common Prayer. The numbers of those who have attended during the two years last past have varied, from term to term, as follows : — Thirteen. Three. Six. Twenty-six. Sixteen. Fourteen. 5. Appointment. 6. Lectures. No fees. I receive no fee for either course. 2j4 OXFORD UNIVERSITY COMMISSION. Rev. W. Jacobson, n.D. Professorship of Divinity. .7. Phillimore, Esq. n.c.L. roundation. Emoluments. Fees. Qualifications. Residence, Sic. Statutable require- IllfUts. 7 . The general condition in the University of the branch of study to which your Professorship relates, and the means of promoting its advancemeut. The general condition of theological study, so far as the junior members of the University are concerned, has been much improved by the subdivision of labour conse- (]uent on the increase of the number of Professors. Two, — of Pastoral Theology, and Ecclesiastical History, — were appointed by the Crown in 1842; and a third, — of the Exegesis of Holy Scripture, — under the will of the late Dr. Ireland, Dean of Westminster, in 1847. William Jacobson. Answer from J. Phillimore, Esq., D.C.L., the Regius Professor of Civil Law.^ The Professorship of Civil Law in the University of Oxford was founded by King Henry VIII. in 1546, who endowed it with a stipend of 40Z. a year. In 1617, King James I. united and annexed the Prebend of Shipton, in the cathedral church of Sarum, to this Pro- fessorship, and this Prebend has remained ever since inseparably attached to the office. The union of this Prebend with the Professorship was acknowledged and sanctioned by the Act of Uniformity (13th and 14th Car. II., cap. II,, sec. 15), and has been respected and protected, nominatim, by all subsequent Statutes, which, by any latitude of interpretation, could be brought to bear upon the tenure of the Professor till the last Session of Parliament, when an Act was passed (without any consultation or advisement with the Professor, or with any of the authorities in the University) which purports to take away the emoluments of the function prospectively, and this for a very inadequate compensation, and by the transfer of the presentation of the vicarage of Shipton-under-Wychwood, which had hitherto formed a part and parcel of the Professorship, to another patron, who had no connexion whatsoever with the endowment, and without any cause or reason assigned. This fact I mention historically, and in the hope that this which appears, prima facie, to be an act of spoliation of the Professorship, may meet with speedy redress in another Session of Parliament, when the facts of the case shall be fully understood and explained, since, without doubt, the Act must have been passed inadvertently and in ignorance of the true facts of the case. The Prebend is endowed with the great tithes of the parish of Shipton-under-Wychwood, in the county of Oxford, to which the vicarage is appurtenant. Of course no emolument is derivable to the Professor from the vicarage, but the Prebend itself, with its incidents and emergents, constitutes the great bulk of the revenue of the Professorship. The tithes are leased on three lives to Colonel Wood, of Littleton in Middlesex, who pays an annual quit-rent of 56^. 3s. to the Professor. The three lives on which the lease is granted are those of Colonel Wood and two of his sons. The Professor is also entitled to the nominal stipend of 40Z. a-year from the Crown, which, however, is reduced by the fees of office, &c., to a net 34Z. 17s. a-year. The payment was heretofore made by the Treasury to the Professor direct, but is now transmitted by the office of Woods and Forests to the Vice-Chancellor of the University of Oxford, and through him to the Professor. The Professor is further entitled to an annual sum of 2Z. as one of \\\eex-officio Visitors of the Ampthill Hospital. The year before last a small slip of land through which the Oxford and Wolverhampton Railroad was to pass was purchased for a sum, which being invested in the Three per Cent. Consols, has produced stock to the amount of 223Z. L5s. 3rf., and, consequently, a clear revenue of 6Z. IO 5 4;eneial answers, see Part I., p. 232. EVIDENCE. 255 J. PMllimore, Esq. D.C.L. and the substitution of real for formal examinations of the Candidates for degrees in that science ; this Statute seems to me to hold out a fair prospect of a successful result, but it does not come into full operation till the Trinity term of the next year. 5. The appointment is by Letters Patent from the Crown, and the office is holden for life. Appointment. 6. No public lectures on the study of the Civil Law have been delivered in the University Lectures, of Oxford for more than a century. I succeeded Dr. Laurence in the Professorship, who, like myself, was resident in London, and an advocate in much practice in Doctors’ Commons. He was also M.P. for Peterborough. On his demise the Duke of Portland signified to me the intention of the Crown to confer the vacant office upon me. This communication, however, was accompanied by an intimation that if he could have found any person resident within the University equally competent with myself, such a person he should have selected ; but, that not being the case, and the general voice of the persons with whom he had advised within the University having designated me for the post, he could not expect or require me to abandon my profession in London, but that he must trust to me that I would do the best I could for the discharge of the office. There was a distinct understanding between us on the subject of residence. I have, however. Study of Civil Law. several times had it in contemplation to give a course of lectures in Oxford, but, on consultation with the leading persons in the University, I have never received any encouragement to give effect to such an attempt. In point of fact, such has been the change of studies in the University since the passing of the Examination Statute, that the Professor would never have secured a class to attend a course of lectures unconnected with the preparation for the Bachelor of Arts degree. The object of the Undergraduates of the present day is to take a good degree, and for this purpose they enlist themselves under the banners of Private Tutors, and devote themselves exclusively to the system which has hitherto conducted to the attainment of Honours, so everything without the scope of the ordinary routine seems alien to their purpose, and an useless diversion from their main object; although there can be no doubt that a competent knowledge of the Civil Law, as it existed anterior to the reign of Augustus, might shed a lustre over the first degree. Indeed all the works of standard excellence in the Latin language teem more or less with references and allusions which cannot be thoroughly understood without some knowledge of the laws of ancient Rome; and add to this, that if the Undergraduates had their attention early directed to some such course of instruction as I have glanced at, they would be better prepared for the study of the Institutes of Justinian, and those Imperial Con- stitutions which our Statutes deem to be essential to the attainment of the several degrees of B.C.L. and D.C.L. The evil has arisen from this, that the members of the several Colleges, the Statutes of which exact degrees in Civil Law as essential qualifications for holding or retaining certain Fellowships, have beyond the memory of man been accustomed to obtain such degrees after a formal and common-place examination, and so inveterate has been this practice, that they con- sider themselves in the enjoyment of a privilege which ought to liberate them from any severity of examination in this science. If the Statute which has so recently passed shall have the effect in practice of giving efficiency to examinations, which for a century and a half have slept or existed only in theory, the study of the Civil Law may again revive, and, in addition to its own intrinsic excellence, may be assistant in introducing a more liberal examination for the honours of a first degree. There is, however, another branch of duty attached to the Professorship of Civil Law in Oxford, for which the stipend annexed to the office forms a very inadequate compensation, if reference be had either to its laborious and anxious functions, or to the habit of composition in the Latin tongue which is essential to the due discharge of it ; I allude to the presentation to the honorary degrees of D.C.L. In Cambridge this duty is, I believe, performed by the Public Orator, and there such degrees are of rare occurrence ; but it has become in Oxford the peculiar duty of the Professor of Civil Law, and in Oxford these degrees have become infinitely more frequent than they were in former years. In addition to this, the University has of late years cast another burden upon the Professor Latin speeches of Civil Law, by calling upon him individually to address speeches in Latin to distinguished persons who happen to be in the Sheldon Theatre when degrees by diploma have been con- ferred on them ; with these degrees the Professor of Civil Law seems to have no connexion. Since I have held the office of Professor, I have several times been called upon to make speeches of this description. it The speeches I addressed severally to the Emperor of Russia and the King of Prussia, which were printed by the University, were of this description ; and I have been called upon to make others on more recent occasions, as in the instances of one of the Princes of the House of Orange, and of His Royal Highness Prince Albert, and others. JOSEPH PHILLIMORE, Regius Professor of Civil Law in the University of Oxford. Doctors' Commons, November 29, 1851. The Rev. A. P. Stanley, Secretary, ^c. 8fc. ^c. Presentation for Degrees. Answers from J. Kidd, Esq., M.D., late Regius Professor of Medicine. J. Kidd, Esq., M.D. Sir, Professorship of In answer to the letter which I had the honour of receiving from you on the 22nd of Medicine, last month, I beg leave to say that, having no copy of a statement made by me a few years 4 M 256 OXFORD UNIVERSITY COMMISSION. J.Kidd,Esq.,3I.D. Professorship of Medicine. 1. Qualification. 2. Emoluments. 3. Residence, lecture-rooms, &c. 4. Statutable re- quirements. 5. Appointment. 6. Lecturers and Fees. 7. Starte of Medical study. since on a different occasion, but very much of the same character with that which I am now requested to make, I am afraid I cannot give such accurate information as may be expected. I trust, however, that it will be sufficiently accurate for all practical purposes. With respect to the first and second questions in the Third Series, addressed particularly to the Professor of Medicine, I believe that no other special qualification is required by statute in the person to be appointed Professor of Medicine than that he shall have graduated as doctor in that faculty. I was appointed Regius Professor of Medicine in the year 1822; and by virtue of that appointment I became Dr. Tomdin’s Praelector in Anatomy, and Dr. Aldrich’s Professor of Anatomy; and by virtue of the same appointment I became also Master of Ewelme Alms- house, an endowment attached to the Regius Professorship of Medicine by King James the First. From the several offices just mentioned I receive annually, after deduction of the income tax, &c., the following emoluments: — As Regius Professor of Medicine, from the Queen’s Exchequer . As Dr. Tomlin’s Praelector in Anatomy, from land, near Bicester, intrusted to the University in 1623 . . . . . As Dr. Aldrich’s Professor of Anatomy ..... As Master of Ewelme Almshouse — 1st. In the shape of annual salary ..... 2ndly. In the s'nape of fines from the estates of the Almshouse, on the average of the last 20 years ..... £. s. d. 34 19 0 30 11 1 124 15 0 58 5 0 218 8 9 Total . . . £466 18 10 Question 3. — In the early part of the last century, Dr. Frewen, M.D., of Oxford, left the remainder of the lease of his house, near the Cornmarket, Oxford, to the Regius Professor of Medicine, under the tnasteeship of the University; and the lease was renewed to the Trustees from time to time by Brasenose College, to which College the house belongs, till last year, 1849, when, the period of the last lease having expired, the Principal and Fellows of Brasenose took the house into their own hands. In answer to the latter part of Question 3, I beg leave to state that no lecture-room, library, apparatus, or collections of any kind are provided for the Professor of Medicine. Question 4. — There are statutes which require the Professor of Medicine to deliver Lectures in Anatomy and on the subject of Medicine ; and from the period of my appointment in 1822' till 1845 I annually delivered two courses in Anatomy and Physiology, each course consisting of about 20 lectures. It will, perhaps, be con.sidered right here to mention, that I had pre- viously delivered similar courses of lectures, from the year 1817 to 1822, in the Anatomical Theatre belonging to Christchurch, which was built and endowed by Dr. Lee about a century since; and I continued to deliver them, as above stated, till 1845. Having in the last- mentioned year resigned Dr. Lee’s Readership in consequence of declining health, I was succeeded by Dr. Acland, who has continued from that time to give annual courses in Anatomy and Physiology. I may here also mention that, inasmuch as the University does not require the delivery of two parallel courses of lectures on the same subject by different lecturers, the lectures delivered by me from 1817 to 1822 were considered as standing in lieu of the Anatomical Lectures which had heretofore been delivered by my predecessor in the Regius Professorship of Medicine, Sir Christopher Pegge, who ceased to lecture, in consequence of declining health, in 1817 ; and on the same ground the Lectures in Anatomy, delivered an- nually by Dr. Acland since 1845, are considered as in lieu of those which, as Professor of Medicine, I am directed to give. On the subject of medicine, I have never been called on to lecture ; partly, because it has been a universal custom, for the last 60 years at least, for the Medical Students of Oxford to resort to the London or other schools for the purpose of attend- ing Lectures on the Theory and Practice of Medicine as soon as they had taken their degree of Bachelor in Arts at Oxford; and, partly, because the very few who wished for information on the subject of medicine during their undergraduateship preferred an attendance on the Lectures delivered by Lord Lichfield’s Clinical Professor at the Radcliffe Infirmary. Question 5. — 4’he Regius Professor of Medicine is appointed by the Crown, and has always, I believe, held the appointment during his life, and has not in any instance been removed. Question 6. — This question will probably be considered as answered under the head of the fourth question, with respect at least to the most material points. I have only to add, that for many years previously to my having ceased to lecture, the number of Pupils attending any course delivered by me had rarely been more than ten, often not above four or five ; and the same has been the case with respect to the courses of most of the other Professors. The fee for attendance in the courses delivered by me was three guineas. Question 7. — With reference to the question, whether the University of Oxford might be made a more effective School of Medicine, I am strongly of opinion it could not ; principally, because, from the comparatively small amount of the population of the city of Oxford, it never could afford a sufficiently ample field of observation for the successful study of medicine ; but also because, from the limited and interrupted periods of the Academical Terms, there would not be sufficient time to give such expanded courses of lectures on medical subjects as are requisite for professional students. EVIDENCE. 257 Answers from the Rev. Baden Powell, M.A., F.R.S., Savilian Professor of Geometry. Question 1. — Endowment, &c. Rev. B. Powell, M.A., F.R.S. Savilian Professor ^ » 1 • I • Oil* VJ VV./ 1 U p The original charter of Sir H. Savile, dated August 11, 1619, is deposited in the Savilian i. Endowment. Library, and a copy is printed in the Appendix Statutorum Univ. Oxon., 4to, p. 28. The endowment consists of the rent of lands held in trust by the University. The Statutes (5 7, &c.) direct all expenses and profits to be equally divided betw'een the two Professors of Astronorny and Geometry ; and (as stated in the answers of the Professor of Astronomy) for the last jeight years the receipts to each Professor (after deducting expenses) have averaged about 2751. per annum. . , , , tt • . .u Some ismall ancient stipends to Mathematical Lecturers are paid by the University to the Savilian Professors, agreeably to the statute, § 12. The Professors, on the other hand, pay certain djies to the University, the balance being 31. per annum, against the Professors, paid to the University. -r. i • u t) r c Besides the original endowment, common to the two Professorships, the Professor of Geometry enjoys a bequest made by Dr. Smith (by will, dated April 8, 1796,) of a small tenement; adjacent to the back of the house occupied by tbe Professor, and at present united to it ; and 6f a stable (now used as a workshop) in St. Helen’s Passage, adjacent, the rent of which is 51 per annum. _ , . . , i • i The Pjrofessor is prohibited by statute from holding any kind of ecclesiastical or academical preferment with the Professorship, though some academical offices have been customarily excepted. The present Professor holds no other office. Question 2. — Qualifications, &c. 2. Qualifications. The same as for the Professor of Astronomy (see his answers), [Statutes, § 5.] The Professor is admitted in Congregationj and takes oaths of obedience to the University and Savilian Statutes (§ 6). He is exempted from the obligation of sitting in Congregation. Question 3. — Residence, &c. 3. Residence, &c. The bequest of Dr. Wallis (see Professor of Astronomy’s answers) consists of two houses, that assigned to the Professor of Geometry being the largest. The Professor pays annually to the University, who hold it under New College, for the house falls in to New College. For the Savilian Library, see Professor of Astronomy’s answers. No lecture-room or appa- No lecture room, rat us are provided. The statutes require certain lectures to be delivered in Latin on ancient writers, both on pure quirements. mathematics and on some mixed branches, in the school of geometry, which all Scholars within certain limits of standing are required to attend, under penalties for non-attendance. (Sav. Stat., §§ 3 and 4 ; and Stat. Univ., Tit. iv., § 6.) The Professor is also required to give private instruction, if desired. Neither these nor the other ancient lectures are now enforced by the University authorities. If they were, the^wcs would probably amount to a considerable sum. The Latin lectures pre- scribed would clearly be useless at the present day. It has accordingly been long customary for the Professor to substitute English lectures on the same subjects, treated in the modern method, at more convenient times and places. The Professor has often given private instruction and assistance when no class has been formed. The mixed or physical subjects included in the enumeration in the statutes now usually form a part of the courses of other Professors, and it has therefore been customary for the Professor ot Geometry to restrict his lectures to pure The present Professor has sometimes given separate courses in each term ; but finding the attendance very small, and often none, has of late usually announced one more comprehensive course in the year, consisting of from 12 to 15 lectures, but extended beyond that number if circumstances required it. The course usually comprises Trigonometry ; Conic Sections, illustrated by models, &c. ; the Principles of Algebraic Geometry, and of the Differential and Integral Calculus, with its applications; together with outlines of the history of Mathematics, and discussion of the nature of the reasoning. Assistance is also given in written problems, &c., to those who desire it. The Professor has experienced the greatest difficulty in obtaining a class. Almost the only occasions on which he has been able to form one have been when he was a public examiner, and when the Tutor of any College has sent a number of his Pupils. A fee ot 1/. Is. has been sometimes charged; but the lectures have often been offered gratis. £. s. d. Quit-rent . . In lieu of fines on renewal . .346 . 0 15 6 £4 0 0 It is probable that the Professors may be deprived of these houses in 1854, when the lease Question 4. — Statutable duties, &c. 4. Statutable re- mathematics. Question 5. — Mode of appointment, &c. 5, Appointment, &c. The same as the Professor of Astronomy. Question 6. — Lectures, &c. 6. Lectures, &c. 4 M 2 258 OXFORD UNIVERSITY COMMISSION. Rci\ 13. Powell, M.A., F.R.S. Savilian Professor- ship of Geometry. 7. State of Mathe- matical study. Table I. — Savilian Professor of Geometry’s Lectures. Year. Number of Pupils. Remarks. 1827 18 lOf whom nine were sent by their College Tutor. The 1 Professor also Examiner, 1827-8. 1828 16 Seven sent by Tutor. 1829 12 1830 7 Three sent by Tutor. 1831 7 The Professor also Examiner. 1832 1 1833 0 1834 2 1835 0 1836 fin the years marked — , no course was announced, owing \ to illness, or other cause. 1837 0 1838 — 1839 0 1840 — 1841 2 1842 1 1843 — 1844 7 All sent by Tutor. 1845 — 1846 1 1847 7 All sent by Tutor. 1848 4 1849 7 Four sent by Tutor. Question 7 . — The general condition and prospects of mathematical studies. We have few data for accurately answering this head of inquiry. If we had reports of the numbers attending College lectures on these subjects, or of those who take up Mathematics at the pass-examinations, some estimate might be formed. The proportion of those who have obtained mathematical honours, of all classes, to those who passed the examination, is easily ascertained (as given in Table IV.), and furnishes the proportion of those who hay e publicly evinced any acquaintance with mathematical and physical subjects beyond the most imperfect knowledge of the first elements. This proportion does not average more than one-tenth, and has remained nearly stationary during many years. Another source of evidence is the number of candidates for the Mathematical Scholarships (as given in Table II.) As far as the B.A. Scholarship is concerned, this proves little, except that two or three Bachelors annually are induced to carry on their mathematical studies. Since the remodelling of these Scholarships, in 1843, and the opening of Junior Scholar- ships, the number of candidates for them (who must be of less than nine terms’ standing), gives some idea of the number of Undergraduates who proceed to a considerable extent with mathe- matical studies. On comparison of Tables II. and IV., the average number of these candidates is found some- what less than that of those who obtain mathematical honours. The subject may also, perhaps, be in some degree illustrated from the numbers attending the Professor of Geometry’s lectures, as well as those of the reader in experimental philosophy, as given above, and in the answers of the experimental reader. For comparison with former years, a similar statement (Table III.) is added of the numbers attending the late Professor Rigaud, obtained from a MS. deposited by him in the Savilian Library. As to the actual extent of the mathematical course, among the few who do follow it up, it is clearly shown by the printed examination questions, and will, it is presumed, be generally allowed to be fully as extensive as can be desired ; though, perhaps, the introduction of questions bearing more on general principles, and dependent less on mere dexterity in details, would be an improvement. The evil is that these studies, though encouraged to a great extent among the few who possess a peculiar taste for them, are too generally regarded as something peculiar and extraneous, and not as an essential branch of general education ; there having been hitherto no compulsion on an Undergraduate to follow any portion of these studies, while such compulsion does exist with reference to other subjects. The causes of this state of things appear to be chiefly — (1.) The absence, hitherto, of a positive requirement of some part of mathematical and physical science in the examinations. f2.) The omission of these subjects in the examinations for College Scholarships and Fellowships. (3.) The want of preparation in the first rudiments of these studies (especially in Arithmetic and Algebra) before entering the University. (4.) The common mode of teaching the Elements of Geometry, by restricting the Student to the letter of the six books of Euclid, w'hile it would be far easier, and more useful to the generality of Students, to introduce the modern methods at an early stage, and proceed to their elementary physical applications. On the whole, what appears to be imperatively called for is a general acknowledgment and enforcement of the principle that the elements of mathematical and physical science should be EVIDENCE. 259 placed exactly on the same footing in the University system as the moral sciences and the classics ; a requisition which is, in fact, no other than what is fully recognized by the ancient statutes of the University (see Corp. Stat., Tit. ix., Sect, ii., §§ 1 and 2); and would remove the oppro- brium so justly cast on the University of sending forth yearly a host of Bachelors of Arts pro- foundly ignorant of the most common rudiments of science. Table II. — Mathematical Scholarships. Year. Number of Candidates for Scholarship. Year. Number of Candidates for Senior Scholarship. Junior Scholarship. 1831 3 1844 2 20 1832 4 1845 3 15 1833 3 1846 1 15 1834 2 1847 1 18 1835 3 1848 4 19 1836 3 1849 4 16 1837 3 1850 4 17 1838 3 1851 8 22 1839 4 1840 2 1841 3 1842 4 1843 1 Table III. — E.kperimental Philosophy Lectures. The celebrated Dr. Bradley lectured on Experimental Philosophy at Oxford from April 1746 to April 1760, giving 33 courses, at which the attendance averaged 57 Pupils. [From a MS. in the possession of the late Professor Rigaud. See also his Edition of Bradley’s Works, Oxford, 1832, p. 28 and 99.] The late Professor Rigaud’s Lectures. Number of Pupils. Remasss. Year. Geometry. Experimental Philosophy. 1811 18 39 Appointed Professor of Geometry, and Reader in Experimental 1812 19 47 Philosophy, 1810. 1813 14 40 1814 6 44 1815 10 39 1816 12 12 1817 15 34 1818 9 62 1819 7 66 1820 8 32 1821 18 29 1822 6 17 1823 6 43 1824 1 34 1825 10 42 1826 12 Astronomy. 49 1827 10 15 Appointed Professor of Astronomy and Radcliffe Observer, 1837. 1828 8 24 1829 4 7 1830 3 28 About this time (1830) the Dean of Christ Church introduced the 1831 0 25 regulation that every Undergraduate of his College should 1832 9 88 attend one course of Experimental Philosophy, 1833 5 62 1834 5 55 1835 4 35 1836 0 39 1837 2 40 1838 39 Itev. B. Powell, M.A., F.R.S. Savilian Professor- ship of Geometry. 260 OXFOED UNIVERSITY COMMISSION. Hev. B. Poivell, 3I.A., F.R.S. SaTilian Professor- ship of Geometry. Table IV. — Public Examinations. Year. Matriculations. Candidates for Examination. Passed. Obtained Honours. Classical. iVIatliematical. Both. 1831 387 279 107 22 15 1832 377 275 104 21 17 1833 384 291 135 25 1 16 1834 360 * , 292 120 21 15 1835 369 275 105 22 ' 8 1836 369 , * 261 121 28 20 1837 421 274 124 24 18 1838 393 , , 279 105 24 10 1839 404 394 245 66 26 12 1840 396 419 323 97 22 2 1841 441 399 272 105 27 14 1842 379 417 291 92 27 16 1843 390 409 308 98 22 12 1844 , 398 408 294 79 26 9 1845 438 398 298 84 36 16 1846 411 ; 384 282 99 22 8 1847 406 ; 323 288 91 29 15 1848 412 404 303 93 24 13 Table V. — Responsions. The following Table was obtained from a Register kept by the late Clerk of the Schools, Mr. Purdue. Year. Number of Candidates. Passed. Failed. Withdrawn. 1832 415 308 51 56 18.33 420 325 42 53 1834 379 307 29 43 1835 395 292 45 58 1836 420 311 56 53 1837 431 295 73 63 1838 489 336 107 46 1839 483 375 70 38 1840 408 326 53 29 1841 412 338 40 34 These Tables have been annexed as calculated to furnish data, which may be interesting in various inquiries into Academical Statistics. W. F. Bonldn, M.A. Savilian Professor- ship of Astronomy. 1. Endowment. 2. Qualifications. 3. Residence. Library, Answers from W. F. Donkin, M.A., Savilian Professor of Astronomy* 1. The endowment consists of the rents of certain land left by Sir H. Savile. There are four farms, the proceeds of which are equally divided between the Professors of Geometry and Astronomy. During the eight years that I have held the Professorship of Astronomy, the actual annual income of the Professorship (deducting expenses of repairs, valuations, &c.) has been, on the average, not quite 275/. No other sources of income are attached to it. (See also answer to question 5.) 2. The person to be appointed is required by the Statute to be of good fame and honest con- versation ; of any Christian nation, and any rank or profession ; to be thoroughly instructed in Mathematics, having first imbibed a knowledge of Philosophy from Aristotle and Plato; and to possess at least a moderate knowledge of Greek. He must be at least 26 years of age, and, if English by birth, must have taken the degree of M.A. regularly (without dispensation as to time or exercises). (See the Savilian Statutes in the Appendix Statutorum.) 3. A residence is at present provided for the Professor, but not by the original endowment. Dr. Wallis (formerly Professor of Geometry) left to the University, for the benefit of the Professors, the lease of two houses belonging to New College. This lease ivill soon expire (I believe in 1854). and then the Professors will have no residence, unless some new arrange- ment be made. At present the Professors pay nothing for their houses except rates and taxes. No Lecture-room is provided. It is my custom to lecture at my house. There is a Library, chiefly consisting of books left b}’’ Sir H. Savile and Dr. Wallis. There are no funds for keeping it up, and it therefore contains no modern books except the published Observations of certain Observatories, which are regularly presented to the Library. For Professor Donkin’s general evidence, see Part I., p. 106. EVIDENCE. 261 The Library contains also a few old instruments and models, &c., now entirely useless. In 1849 I applied to the University for a grant of 200/., to be expended in the purchase of instruments for the illustration of my Lectures. This was immediately granted, and the money was spent partly in the purchase of instruments, and partly in fitting up a small room at the top of my house (which appeared to have been formerly used for a similar purpose) for their reception. The room is ill-adapted for the instruments, and inconvenient for the recep- tion of pupils, I have, nevertheless, found it of some use. 4. There are specific duties required of the Professor by statute ; namely, to lecture on Astronomy, Optics, &c., and to make and record Astronomical Observations. With respect to the last requirement, I intend to say something below. With respect to the Lectures, nothing is required which might not be profitably enforced, except the use of certain books which are mentioned as text-books for Astronomy : such as the Almagest, and others now obsolete. (See the Saviliaa Statutes, § 2.) 5. The Savilian Professors are elected by the following official persons : — The Archbishop of Canterbury, the Lord Chancellor, the Chancellor of the University, the Bishop of London, the Principal Secretary of State, the three Chief Justices, and the Dean of Arches ; with the advice (if they please) of the Vice-Chancellor of the Uni- versity. The office is for life ; but the Professor is removable for immorality, notorious incompe- tence, or intolerable negligence. Also, when incapacitated by age or permanent sickness, &c., he is to be removed from his office, retaining, however, one-third of his stipend for life, unless he have otherwise 100/. per annum. His successor to be content with two-thirds of the stipend until the death of the retired Professor. Also, he cannot retain his office along with any ecclesiastical preferment (with or without duties); nor with the Headship of a College or Hall; nor with any public office in the University, such as that of Vice-Chancellor, Proctor, &c„ nor with a Fellowship of a College. 6. The subject of the Lectures has generally been Plane Astronomy, including the elements of Practical Astronomv. I have once had a class in Physical Astronomy. It has been my custom to give notice of Lectures three times in the year, namely, at the beginning of Michaelmas, Lent, and Easter terms. A Class has usually been obtained once or twice in each year, and a course of from twelve to sixteen Lectures given. The average number of the Class has been about three. No fees are paid by the Pupils. I have always required that persons attending the Lectures should have a previous knowledge of certain branches of elementary Mathematics ; but during the time that I have held the Professorship, I have only had to reject two applicants in consequence of this require- ment. 7. The scientific study of Astronomy requires to a certain extent a previous mathematical education. It could not, therefore, be expected that Astronomy would be much cultivated in a University where Mathematics were neglected. Whenever the number of mathematical Students shall increase, the number of astronomical Students will probably increase in the same proportion. The Professor of Astronomy in Oxford has not, ex officio, the charge of any Observatory, This circumstances is, on the one hand, a great advantage, as it relieves him from the labour of the corresponding duties, which, in the present state of the science, are such as to be, in my opinion, incompatible with the efficient performance of Professorial functions by the same individual. On the other hand, it is a disadvantage, inasmuch as it deprives him of the opportunity of familiarising either himself or his Pupils with the actual use of instruments. The small Observatory mentioned in the answer to question 3 was established at my request with a view to obviate this disadvantage. In the present state of astronomical studies in Oxford, the inadequacy of this Observatory is of little consequence. But in the event of any considerable increase of the number of mathematical Students, it would be in my opinion, very desirable that a more suitable locality should be provided ; that it should be supplied with more instruments ; and that there should be a fund for keeping it up and supplying the Library with books, I think it is to be considered that practical Astronomy is not merely a means of obtaining astronomical results, but is also capable of being made highly useful as an instrument of intellectual discipline and cultivation ; as it depends, in its fundamental parts, upon simple applications of elementary geometry, and requires very clear conceptions and exact reasoning, without involving (so far as it needs to be taught for educational purposes) the more abstruse parts of Mathematics. On this ground, therefore, I think the existence of an educational Observatory desirable, as well as on the further ground that it would affoi’d to Students the opportunity of becoming actually acquainted with the phenomena of the heavens, 'Jhe Radcliffe Observatory was founded in 1772, at the request of Dr. Hornsby, then Savilian Professor of Astronomy, and was intended by him to be employed for purposes of instruction, as well as for those of a regular public Observatory. 1 am not aware, however, that this intention was ever carried into efifect. The offices of Savilian Professor and Radcliffe Observer were held together by Dr. Hornsby, and by his two immediate successors. They were then separated, and it is not probable that they will ever again be united ; nor do I think it desirable that they should. The Radcliffe Observatory is not a University institution, and the Observer is not appointed by the same electors as the Professor. The duty of the Observer is to employ his instruments for the advancement of the science ; and he ought not to be required to use the same instruments, or allow them to be used, for any other purpose. It is not, therefore, in my opinion, to be considered that the Radcliffe Observatory supplies, or could supply, the wants of the University, so far as the instruction of W. F. Donkin, M.A. Savilian Professor- ship of Astronomy. Instruments. 4. Statutable re- quirements. 5, Appointment. 6. Lectures^ 7. State of AstronO" inical study. 262 OXFORD UNIVERSITY COMMISSION. W. F. Donhin, M.A. Savilian Professor- ship of Astronomy. Rec. J. M. Wilson, M.A. Professorship of Moral Philosophy. Endowment, Appointment, Qualification. Lectures. Unsatisfactory state of the study of Mental and Moral Philosophy. Causes of this state. Remedies. 1. One or more Professorships. 2. Separation from the School of Literse Humaniores. Students is concerned. At the same time its existence renders unnecessary that part of the Savilian Statutes which (as mentioned above) requires the Professor to make and record observations for the advancement of science ; a requirement with which he cannot comply because he is not supplied with instruments; and with which it is not desirable that he should comply, because his time is, or ought to be, otherwise fully occupied. W. F. DONKIN. Ansivei's from the Rev.J. M. Wilson, M. A., Fellow of Corpus Christi College, and Professor of Moral Philosophy, in the University of Oxford.* Questions 1 — 5. — For the nature of the endowment, mode of appointment, &c., &c., see Oxford University Statutes. The directions of the Founder of the Lecture are there given. 6. The nature and number of the Lectures delivered in each year ? The average number of Pupils, and the fee paid by each Pupil ? My practice has been to lecture every term, generally three times a-week, sometimes four times, and occasionally every day. Once a-week I have been in the habit of reading a written lecture for the more advanced Student. On the other days I have explained and criticised some Greek or English writer on Mental or Moral Philosophy. The number of Students attending the Lectures has varied considerably, according to the subject. On an average of four years, it may be set down as somewhere between 40 and 50. I should say that those only attend the Lectures who are reading for Honours. Last term I desired persons attending to let me know’ their University standing, and found that all were in the third or fourth year. This has probably been the case throughout. I have hitherto taken no fee. 7. On the preient state of Mental and Moral Philosophy, as studied at Oxford. There is a very general feeling in the University, and one in which I fully share, that the subject of Mental and Moral Philosophy is in a very unsatisfactory condition. I have not known any Public Examiner of late years w’ho has not expressed disappointment and dissatisfaction on first reading over the Logic and Ethic papers of the Candidates for honours. Many have spoken very freely on this subject, and taken every opportunity of making their opinion known. The feeling is that the mode in which these subjects are studied has rather a pernicious effect than otherwise on the mind of the Student ; that instead of clearing the mind, it obscures it, and is an impediment rather than a help to it in after-life. My own impression was, that the time given to these subjects in very many cases, indeed in most cases, was thrown away. The young men did not appear to have formed any clear conception of the scope and object of Mental Philosophy, or to have learnt either its method or its doctrines. It is not difficult to assign the causes of the condition of Mental and Moral Philosophy. 1st. The subject is taught almost exclusively by persons who have not made it their special study, and who confine themselves to acquiring such a knowledge of the subject as the present routine of the University demands. 2nd. The examinations are conducted almost exclusively by persons taken from the class of College Tutors. These naturally ask such questions as they know that the routine of instruc- tion in Mental Philosophy will enable the Student to answer. Even when the Examiner has a profound acquaintance with the subject, and a just appreciation of the kind of questioning proper to direct the Student in his reading, he continues to ask the usual questions, thinking it useless to do otherwise, as his tenure of office is of such short duration. 3rd. The Candidate for honours in the Literae Humaniores School has to study this subject along with many others. He cannot give to it the time necessary to enable him to attain pro- ficiency in it. He has to hurry from one book to another, from one subject to another, from one class of ideas to another. If his mind w’ere really interested in the subject of Moral Philo- sophy, and arrested by it, it might prevent his making the preparation in other subjects necessary to success in the examination. This state of things appears to me to offer an insuperable impediment to a profitable study of this very important and very useful science (which is indeed a complement to every other science), and I will venture to assert that if it is to be effectually studied, it will be necessary to remove all these obstacles together. It will not be sufficient to remove one, or even two — they must all be removed together. It will be useless to provide teachers of Mental Philosophy, so long as the examinations are conducted by persons who have no special knowledge of it, and the Student is compelled to take it up in connexion with many other subjects. Neither would it be of any use to separate Mental Philosophy from the Literse Humaniores School, and enable the Student to give it more undivided attention, without at the same time providing Teachers and Examiners more specially fitted for their task. I would recommend, therefore — 1st. That one or two Professorships should be created, to maintain persons who may devote themselves to the study of Mental and Moral Philosophy. These persons would be made responsible by their position for the condition of the subject in the University. It will be their business to expound it in such a way as to promote a sound and useful knowledge of it, and to discourage an unprofitable, verbal and technical study of the science. 2nd. That Mental Philosophy should be separated from the Literae Humaniores School, and that a school should be opened, and examinations held in it for the encouragement of those who wish to pursue the subject. The Student should be required to take up Mental Philosophy in For Professor Wilson’s Evidence as Public Examiner, see Part III,, p. 295. EVIDENCI^. 263 connexion always with one other subject. This arrangement would have a double advantage. Those who would be really benefited by the study will have more time to bestow on it^ and those who would read it, without profit, will be enabled to attend to other studies more profitable perhaps to them. Mental Philosophy will be no longer a condition of a person acquiring University Honours, and will be cultivated by those only, or chiefly, who have a taste for it, and would profit by it. 3rd. That Examiners should be appointed with reference to their attainment and proficiency in the science, who should continue in office for a longer time than they do at present, or perhaps it woidd be a better plan to give to the Professors in this faculty a permanent voice in the school, and add to them Examiners chosen from the University, as at present, by the Vice- Chancellor and Proctors. This addition might be an useful stimulus to the older and more permanent element. I can see no other way of promoting the study of Mental Philosophy than that which I am recommending, viz., that of devoting to the cultivation of it a certain number of competent persons as Professors, and at the same time removing impediments to their effectual teaching of the science. Two Professors would, I think, be sufficient for the purpose; I should prefer, however, seeing one new Professorship created, which should be called the Professorship of Mental Philosophy, and the present Professorships of Moral Philosophy and of Logic retained as Sub-Professorships. In that case it would be well to retain the limitation as to time now attaching to these Professorships. The Professor of Mental Philosophy should always be the most eminent person as regards knowledge of the subject that can be found, and the Sub-Pro- fessors should assist him in teaching. I prefer this scheme, as uniting the advantages of a per- manent and changing system, and combining an older and more experienced with a younger element in the tuition. , This arrangement would enable the Professors to enter on an exposition of the whole subject of Mental and Moral Philosophy. One Lecturer might undertake the analysis of the percep- tive and intellectual powers. He would lecture on what is called the origin or sources of our ideas; analyse the various powers or faculties exerted by the mind in the acquisition of all its varied knowledge, mathematical, physical, &c. He would also handle the various questions connected with this subject, the nature of human knowledge, i. e., the kind of knowledge we are capable of acquiring with our proper human faculties; the scope and object ot science. See. &c. He would also prescribe to the Student a course of intellectual discipline and education, showing what subjects or studies are proper to develope and strengthen the intellectual faculties, or afford the mind practice in the discharge of its various processes, and give it a practical and experimental acquaintance with its own powers. He w'ould thus lead the Student to see the necessity of connecting the study of the object with that of the mind which scans it, and he would tlius play into the hands of the Mathematical, Physical, His- torical, and other Professors, who would in their turn refer the Student back to him. Persons reading Mathematics, or anj' branch of Physical Science, or indeed any science, might be advised to attend lectures on this part of the subject. Another might lecture on the philosophy of the active and moral powers ; he might analyse the various appetites, passions, and affections ; the various motives, prudential, moral, social, &c., which determine human conduct ; or he might undertake the analvsis of the moral senti- ments; explain the variations in the moral code of diff’erent nations, and determine the laws subject to which we form our conceptions of right and wrong. Lectures on this part of the subject would be attended with most profit by persons reading for Honours in the School of Modern History, Law, and Political Economy. Another Lecturer might take the History of Philosophy — a most instructive subject in the hands of a philosopher. He might trace out the intellectual history of mankind, and show in what manner and by what subjects the human mind has been brought to its present comparative maturity, and has learnt the right use and profitable employment of its powers. 1 he introduction of this systematic teaching of Mental Philosophy is very appropriate at this moment. We are just now comprehending the Natural Sciences in our scheme of educa- tion ; we are introducing also Political Economy, Law, and Modern History. Intellectual Philosophy shouhl come in along with the one class of studies, and Moral Philosophy should come in with the other: or, at least. Intellectual Philosophy should be regarded as the proper accompaniment of both. In the course of time all these sciences will grow and flourish together. The study of one will promote the study of all the rest. In time, also, the Teachers of each subject will have a certain knowledge of the others, and the advantage of this state of things we can hardly appre- ciate at this moment. It may appear at first sight that this mode of teaching the subject is unsuited to the age and capacity of the persons for whose benefit the lectures are intended. I am decidedly of opinion, however, that the subject as it is now taught, is far more difficult and repulsive to the beginner than it wovdd be on the method I recommend. The Student who first enters on the study of Moral Philosophy in the Ethics of Aristotle, is doubly embarrassed. The thoughts are new to him, and he encounters them for the first time, not only in a foreign tongue, but under very obscure forms of expression, for which it is difficult to find an equivalent in his own language. By degrees he becomes familiar with the technical language of the writer, and takes an interest more or less in the questions at issue between Aristotle and his master. But these questions, it should be remembered have, many of them, little interest for us. The knowledge of them is, in many instances, barren erudition, and if this erudition stand in the way of better and more useful acquirements, it is a serious mischief. In short, many ot the difficulties now experienced by the Student are not proper to the subject of Mental Philosophy, so much as to the manner in which it is taught. A simi le "4 N JRev. J. M. Wilson M.A. 3 . Better appoint- ment of Examiners Combination of Professors. 264 OXFORD UNIVERSITY COMMISSION. Heo. J. M. Wilson, M.A. Jtev. E.’ Cardwell, B.B. Professorship of Ancient History. Constitution of the University. 1. Endowment. 2. Qualifications. 3. Residence, &c. 4. Statutable re- quirements. 5. Appointment. 6. Lectures. No fees. 7. Study of Ancient History. Sir H. E. Bishop, Professorship of , Music. 1. Endowment. exposition of it, disentangled from the many perplexing discussions which are the offspring of the old metaphysical methods, would make it comparatively easy and intelligible. 1 would not, however, be understood as recommending that the study of Aristotle, of Plato, of the Greek Philosophy, or of the History of Philosophy generally, should be discontinued. 1 think the history of any science may be made very instructive by the mental philosopher; the History of Philosophy most of all. It is even indispensable to him, as exhibiting the laws of intellectual progress. So far from wishing it discontinued, I should be glad to see the works of some Greek or Roman philosophers taken up by every Candidate for Honours in the School of Mental Philosophy ; what I recommend is, that such study should be accompanied or prefaced by attendance on lectures exhibiting the actual condition of the science, and combining all the light which the successful cultivation of the various modern sciences has thrown on the nature and powers of the mind which created them. Answers from the Rev. Edioard Cardwell, D.D., Camden Professor of Ancient History. Sir, I HAVE had the honour of receiving from you, as Secretary to her Majesty’s Com- missioners for Oxford, a paper of questions connected partly with general principles of University government, and partly with the constitution and duties of my own office as Professor of Ancient History. On the first portion of questions I have no observations to make, beyond this — that I am satisfied with the present constitution of the University, and believe that in the hands of honest and able administrators it is, upon the "whole, better calculated than any other hitherto proposed to discharge its proper duties. The second portion of questions I will answer in detail. 1. The professorship of Ancient History is endowed by a charge of 140Z. per annum on an estate at Bexley, in Kent. It has no other source of income. 2. No special qualifications are required by Statute in the persons appointed. .3. No residence, library, apparatus, collections, &c., are provided for the Professor. He delivers his lectures in the general lecture-room in the Clarendon. 4. When the present Professor "was appointed, the Statutes required him to lecture on Lucius Floras or some other ancient historian. The Statute passed in the year 1839 required him to deliver two courses of lectures every year, either on some ancient historians, or on questions connected with Ancient History. 5. The Professor is elected by Convocation and for life. The Vice-Chancellor and Proctors have the power of appointing a substitute, “ si aliquis per incuriam in legendo defecerit.” Tit. iv. sect. ii. § 1- 6. The Professor, soon after his election, prepared four courses of lectures, two of a popular character and two otherwi.se, intending to deliver one course of each kind every year. One course of the latter kind was not sufficiently attended, and he therefore published it. Since that time he has delivered two courses and one course in alternate years. The number of pupils has varied extremely. The average for the popular lectures has perhaps been about 40, for the others about 10. The Professor has never received any fees. 7. The study of Ancient History in the University is sufficiently provided for, so far as general regulations are concerned, by the Statute requiring examinations for the first degree. I have the honour to be. Sir, Your obedient faithful Servant, Rev. A. P. Stanley, 8fc. ^'c. EDWARD CARDWELL.* Answers from Sir Henry R. Bishop, Professor of Music. 1. The nature of the endowment, and its present annual value ; and whether any other sources of income are attached to it. It seems that a Professorship of Music at Oxford was founded by King Alfred, but “ how endowed does not at this distance of time clearly appear.” Hawkins, in his History of Music, says, “ It is not to be wondered at, that upon restoring the Muses to their ancient seat at Oxford, he ("Alfred the Great) should appoint, amongst the rest of the liberal arts, a Professor of Music, as we expressly read he did, in the year 886.” Another musical authority states, that “■ This Prince (Alfred) not only encouraged the practice of music, but in 886, according to the Annals of the Church ol Winchester, founded a Professorship of Music at Oxford.” The degree of Doctor in Music is said to have been^rsi conferred during the reign of Edward IV. (in 1463), when ‘‘John Hambois received the title.” — HolinsheJ s Chronicle, vol. ii. It is supposed, however, that degrees in Music are more ancient. Hawkins, on this point, quotes the assertion of a learned writer, who adds, that, “ as to the origin of Degrees in the Universities, they seem, from the very nature of them, to be almost, it not quite, as old as the Universities themselves.” In the year 1626, Dr. William Heyther, “being informed that, although there was a Pro- *„For Dr, Cardwell’s Evidence as Principal of St. Alban Hall, see Part IV., p. 382. EVIDENCE. 265 fessorshlp of Music founded by King Alfred, yet the stipend was insufficient to induce any Sir H. JR. Bishop. skilful man to become a candidate for the office, proposed in Convocation to found a new Professorship j and this being agreed to, he, by his Deed beaiing date 20th hebi Music. 2 Charles I., gave to the University for ever an annuity or yearly rent-charge of Sixteen pounds six shillings and eight pence issuing out of divers parcels ol land situate within the parish of Chiselhurst, in Kent, whereof Thirteen pounds six shillings and eightpence is to con- stitute the wages of the music-master (or “ Choragus"’'), and the other three pounds is to be wiven to the Professor of Music: unto which three pounds, Dr. Heyther requiring the ancient stipend of Portg shillings to be added (which was probably the endowment ol King Alfred), or some other sum equivalent thereu7ito ; the University thereupon agreed that the old stipend of the Moral Philosophy Professor, which was Foidy-five shillings, should be bestowed on the Music Professor; and so by that addition he hath Five pounds foe shillings yeaily Ibi his wao-es.” This allowance was further augmented by Nathaniel, Lord Crew, Bishop of Durham; making thereby the whole annual stipend of the Prolessor ol Music, as it remains at the present time, thirty pounds. The Professor is also entitled to receive a fee of 07ie guinea from each Candidate on then- being admitted to a Degree in Music. The office of “ Choragusf before alluded to, was formerly held by the late Dr. Crotch, in addition to the Professorship; but on the appointment oi \\\e present Professor, those situations were divided ; that of the “ Choragus' having been bestowed on Dr. Elvey. It is evident that much importance is attached to the honour of being admitted to a Degree in Music at the University. This is proved by tbe many applications made to the Piolessoi for information as to what is required by the statutes, &c. — applications which frequently lead to a correspondence ol considerable length. In some instances nothing further is heaid from the Candidate, who, perhaps, either finds himself incompetent, or is unable to incur the ex- penses of proceeding to a Degree. When, however, the required “ Exercise is sent to the Professor of Music for his approval — and on that approval depends the Candidate’s admission to a Degree — the Exercise is sometimes returned for revision, or, it may be, is altogether rejected.” If, after careful examination, it is approved of, as being in accordance w'ith the Statutes, the Professor of Music has then to attend, and conduct both a Rehearsal and public Performance of it in the Music-school, “ or some other place” in the University. The Professor of Music at Oxford has also to be present at the Annual Commemoratmi, and preside at the Orgari in the Theatre on that occasion. 2. Whether any special qualifications are required by statute in the persons appointed. 2. Qualifications. If by this is meant tbe qualifications necessary in a Professor of Music at a University where Degrees in Music are granted, I feel some difficulty in answering the question in such a manner as to avoid incurring the imputation o[' egotism. I would, however, beg to remark, that whether “ required by statute” or not, it is quite certain that those qualifications must be many, and of a peculiar nature ; for, as with regard to the musical merits of Candidates, the admission to such Degrees at Oxford depends entirely on the Professor s testimony ol his approval ol the “Exercises” submitted to him, it naturally follows that he must not only be thoroughly qualified for his office, as an acute critic and accomplished musician, but that his professional character should rank so highly 'A?, to induce men to supplicate tor Degrees in Music at the University in which he is the Professor, and to consider the attainment ol their object as being a musical honour of a distinguished kind. It is also the office of the Professor of Music at Oxford “to compose for and conduct all musical performances ordained by, or connected with, the Academical regulations,” such as Installation Odes, &c. 3. Whether any Residence, Lecture-room, Library, Apparatus, Collections, &c., are provided for 3. Lecture-room. you; if so, whether there are any funds for keeping them up. (1.) There is not any Residence in the University provided for the Professor of Music. (2.) The Music-school is the room in which he is entitled to give public lectures. (3.) It appears that “ in the reign of Henry VIII., one Mm. Forrest, a priest, had made a copious collection of the best musical compositions then extant. These, about the end of the reign of James I., came into the hands of Mr. Wm. Heyther, one of the gentlemen of the Royal Chapel, and who, in 1622, was admitted to the Degree ot Doctor in Music. On Dr. Heyther’s founding the present Professorship at Oxford, he made a donation ot the above col- lection/or the use of the Professor; and it was accordingly deposited in the Music-school of the University, together with a ‘ harpsichon’ and a ‘chest ot viols,’ also the giftot Dr. Heyther. “All the old instruments and books left by the founder being either ‘lost, broken, or embezzled’ in the time of the rebellion and usurpation, many members of the University and others, between the years 1665 and 1675, contributed to the re-furnishing the ‘ publique Musick Schoole with a new organ, harpsecon, violins, &c., and with all sortes ot the best authors, in manuscript, for vocall and instrumental! musick, and other necessaryes, to carry on the prac- tical! musick in that place.’ ” These books and musical instruments, w’ith the exception of the “harpsichon, ’ still remain in the Music-school ; but the instruments are so broken, and otherwise in such a state, as to be wholly useless. _ . I am not aware that there are any “ funds” existing in the University for the “ keeping up the above Library, or apparatus. It has been stated, that “ out ot the Music-master’ s, that is, the Choragus’ “wages, he is to repair the instruments and find strings but it surely cannot be reasonably expected that out of such wages, namely, 13Z. 6s. ^d., it would be possible for the Choragus to do so ; and indeed to repair the organ effectually, the only mode that I know of would be to provide a new one. 4N2 266 OXFORD UNIVERSITY COMMISSION. Sir H. li. Bishop. Professorship of Music. 4. Statutable re- quirements. 5 Appointment. 7. State of Musical study. 4. Whether there are any Statutes requiring the performance of specific duties, and whether those duties are such as could not profitably be now enforced. By the Statutes of the University of Oxford, it is required of every proceeder to the deoree of Bachelor in Music, that he should have employed “ seven years in the study or practice of that faculty ; and that previous to his supplication for his grace towards this degree, he compose a ‘ Song’ (Ode) or Anthem, in Five Vocal Parts, with instrumental accompaniments ; which Exercise he is to submit to the inspection of the Musical Professor, and, if by him approved to have performed publicly in the Music-school.” Of a Bachelor proceeding to the degree of Doctor, it is required that he shall have “studied Music for five years after he has taken his Bachelor’s degree ; and that he compose a ‘ Song ’ (Ode) or Anthem, in Six or Eight Parts and, if approved by the Professor, shall cause the same to be performed, as before prescribed, ‘ tarn vocibiis quam instriimentis etiam musicis.’ Such Exercises to he pterformed in the presence of Dr. Heyther’s Professor of Music."" Although the Professor is “entitled to give public lectures,” I do not think that to treat of Music merely as a speculative science — as it was at one period exclusively considered — to explain the “ ratio of intervals, and the philosophy of sound,” and to “ e.\poui;d certain books in Boethius." would be suitable to the spirit of the present age. Lectures on Music should be on a “broader principle ;” that is, they should comprehend the development and history, both ancient and modern, of the Musical Art, and in order to render them of musical, as well at historical interest, they should be assisted by vocal and, perhaps, instrumental illustrations. These illustrations, however, would entail expenses, which must be defrayed by the Professor. It may be urged, that such expenses might be defrayed by Fees. I doubt this. At the same time, though I am of opinion that it was the intention of the founder of the Professorship that lecture-;, it given, should be given to the public gratuitously, I have, nevertheless, ever since I had the honour to be elected, hoped for the opportunity of being able to ascertain whether Fees would be sufficiently productive to pay for the illustrations alluded to. Such an oppor- tunity I anxiousl}' hope for ere long ; that it has not hitherto occurred has been owing, partly to frequent illness, and, I have no hesitation in saying, to the absolute necessity of my attending to those other sources of my professional income, by means of which I live, and have to meet the claims on me of a young family. 5. The mode of appointment to your office; whether it is held for life, or for a term of years, and whether the person holding it is removable. The right ot electing the Professor of Music is vested in the ttoo Proctors. The office is not held for life, nor for a term of years. The late Dr. Crotch, however, held it until his decease, having then been in the Professorship during ?/ears ; though, as I believe, no formal re-election to it ever took place. The “ Choragus ” (an office also held by Dr. Crotch, but now by Dr. Elvey) is appointed by the “ Vice-Chancellor, the Dean of Christ Church, the President of Magdalen College, the Warden of New College, and the President of St. John’s.” The latter part of my i-emarks in Section 4 are the only answer that can at present be offered to the cjuestions proposed in Section 6. 7. Ihe general condition in the University of the branch of study to which your Professorship relates, and the means of promoting its advancement. Amongst other means for the advancement of the study of music, I know of none more important, more worthy to be seriously considered, than the establishment of a distinct Library of Music, which, from its completeness and classification, should comprise a perfect history of the progress of the musical art. It is true, that copies of all musical publications, printed in this country, are, according to Act of Parliament, deposited in the Bodleian, the British Museum, &c. ; but to render a library of music complete, and make it really useful to students, all superior foreign musical works, both theoretical and practical, of every school and of every age, should he added to the collection; which should then, also, be made easily accessible to whoever is inclined to improve his knowledge in music, whether he be a Member of the University or not. The formation ot such a library, either in the Bodleian or elsewhere in the University of Oxford, is by no means impossible. The Bodleian is already the repository of a valuable collection ot ancient musical manuscripts, which might be made a foundation to proceed upon : and when once it became generally known that a library of that peculiar description was actually commenced, I feel confident that not only from time to time it would be materially increased by donations of classical music, but that, in case a small annual grant for the purpose trom ihe University itself should be objected to, a public subscription would be made towards the accomplishment of the desired end. With the exception of Munich and Vienna, there is no such classified and historical collec- tion of music existing in all Europe. In the seventeenth century the library of tbe Music- school was restored by a subscription of Members of the University and others; and we mav at least hojw that in present century, when music, both as an art and a science, is so much more generally cultivated, pecuniary aid would not be found wanting for the establishment of a library that would alike be honourable to the University and to the nation, and would be so eminently calculated to promote the advancement of musical erudition. HENRY R. BISHOP, Knt., To Her Majcstf s Commissioners E. Coll. Mag. Prof, of Music, Oxon. for the University of Oxford. EVIDENCE. 267 * Answers from Charles Dauheny, D.C.L.^ Professor of Chemistry and of Botany. With respect to the questions relating to the appointments in the University, held by myself, I may reply generally : That the clear income which they collectively afford me averages less than 400Z. a-year. But in order to reconcile this statt^ment with the particulars given below, account must be taken of the expenses necessarily incurred by a Professor of Chemistry in Lectures and Expe- riments, and likewise of the sums I have been induced annually to expend upon the Botanic Garden, in order to place that Establishment on a more creditable footing. With regard to the Professorship of Chemistry in particular, I may state, that it derives its emoluments chiefly from two sources, viz., the annual sum of 124Z. ISs. (deducting income tax), bequeathed in 1802 by Dr. Aldrich, and a further sum of 97Z. U. 8cZ. (income-tax de- ducted), granted by Parliament, making in all a clear income of 22 IZ. I65. 8rf. 4'here is also in general a small sum received annually as fees from Pupils. The deductions to be made from this calculation of Income will be stated under another head. 2. Whether any special qualifications are required by statute in the persons appointed. It would seem from the terms of Dr. Aldrich’s Will that this Professorship is perfectly open to any person whatsoever whom the University might think fit to elect. Although it has hitherto been always conferred upon a Medical Graduate of the University of Oxford, there seems no provisioti in the original bequest i'orany such limitation. 3. Whether any Residence, Lecture-room, Library, Apparatus, Collections, See., are provided for you ; if so, whether there are any funds for keeping them up. Tliere is a suite of rooms underneath the Ashmolean Museum, which have for many years past been set apart for the use of the Professor of Chemistry ; and in order to rentier them better adapted for a residence, considerable additions were made to them by myself during the period of my occupancy. The rooms, however, are damp and gloomy, so as to be ill suited for the purposes to which they are appropriated. There is no fund for books, for apparatus, or for the heavy expenses incidental upon a Course of Experimental Chemistry ; neither is there any allowance for an Assistant, an indispensable requisite to every Chemical Lecturer ; so that, alter calculating the dediictions to be made from the income in order to provide these desiderata, it may be safely estimated that out of the 240Z., or 25UZ. which may be regarded as the average value of the Chair of Chemistry, not more than about lOOZ. goes into the pocket of the Professor. 4. Whether there aie any Statutes requiring the performance of specific duties; and whether those duties are such as could not profitably be now enibreed. The will of Dr. Aldrich directs that a course of Lectures on Chemistry shall be delivered annually, but he does not specify the number to be given. 3. The mode of appointment to your office ; whether it is held for life, or for a term of years, and whether the person holding it is removable. The appointm.ent is vested in Convocation, and is held for life. 6. The nature and number of Lectures usually delivered in each year, the average number of pupils attending, and the fee paid by each pupil. 1 began by giving about 40 lectures, but finding the Pupils generally unwilling to attend so many, have reduced the number latterly to 24 or 22. The number of Pupils, including both Gownsmen and Townsmen, averaged from the years 1822 to 1830, 31 per annum ; from 1831 to 1838, 16 per annum ; from 1838 to the present time, only 12 ; so that there has been a gradual decrease, as, indeed, from a paper which I circulated in the University some time ago, appears to have been the case with respect to all the Lectures connected with Physical Science. The present fee for attendance is 2Z. 2s. for the first and second courses. Professorshi-p of Botany. 1. The nature of the Endowment, and its present annual value; and whether any other sources of income are attached to it. 2. Whether any special qualifications are required by statute in the persons appointed. With respect to the Professorship of Botany, which was bestowed upon me some years after I obtained that of Chemistry, it may be stated, that its endowment also arises chiefly from tw'o sources, viz., the interest of a sum of money bequeathed by Consul Sherard, for the purpose of founding the Professorship which bears his name, amounting, after payment of income-tax, to 78Z. 3s. OtZ. ; and the clear sum of 97Z. Is. 8cZ. annually granted by Parliament, together making 175Z. 4s. 8d. The Professor likewise, if he does not practise Medicine, is entitled to 200Z. annually for Lectures on Rural Economy, conformably to the will of the late Professor John Sibthorp. The person elected to fill the office of Professor of Botany must have at least attained the degree of M.A. in the University of Oxford, and be entered in the Physic line before the C. Danheny, Esq., D.C.L. Professorship of Chemistry. 1. Endowment. 2. Qualifications. 3. Residence, Lee ture-room,(&c. 4. Statutable re- quirements. 5. Appointment. 6. Lectures. Fees. Professorship of Botany. 1. Endowment. ■2. Qualifications. * For Professor Danbeny’s general Evidence, see Part T. p. 14. C. Daubeny Esq., D.C.L. Professorship of Botany. 3. Residence, Lec- ture-room, &c. Herbarium. 4. Statutable re- quirements. 5. Appointment. 6. Lectures. 7. State of the study of Physical science. H.H. Vaughan, Esq. M.A. Professorship of Modem History. Endowment. Qualifications. The Bodleian Library. To be placed under the superintendence of Professors. 268 OXFORD UNIVERSITY COMMISSION. vacancy occurs, unless the Foundation he is upon should require him to be on the Law line, in which case he may be chosen, “ if he has always made Medicine his study, and be in an eminent degree Master of Botany and that kind of knowledge.” 3. Whether any Residence, Lecture-room, Library, Apparatus, Collections, &c., are provided for you ; if so, whether there are funds for keeping them up. A residence for the Professor has been erected within the last ten years, and in this is de- posited a good library of w'orks on Botany, &c., bequeathed to the establishment by Sherard, Sibthorp, and other benefactoi's. There is also a large Herbarium, and an endowment for keeping up the Garden and Con- servatories, which, however, owing principally to the neglected state in wdiich the Garden came into mv hands, has never yet proved adequate to meet the current expenses. 4. Whether there are any Statutes requiring the performance of specific duties; and wdiether those duties are such as could not profitably be now enforced. The Professor of Botany is required to deliver a Course of Lectures once a year. 5. The mode of appointment to your office ; whether it is held for life, or for a term of years, and whether the person holding it is removable. The Professor of Botany is appointed by the Fellow's of the College of Physicians in London, and the office is held for life, so long at least as he is capable of fulfilling the duties of his office. G. The nature and number of Lectures usually delivered in each year ; the average number of pupils attending, and the fee paid by each pupil. I have usually delivered each year a Course on Vegetable Physiology and Systematic Botany, consisting of from 12 to 18 Lectures. The number of pupils has averaged and the fee for attendance is IZ. Is. for the first and second Courses. 7. The genex’al condition in the University of the branch of study to which your Professorship relates, and the means of promoting its advancement. It is evident from the above statement of facts relative to the two Professorships which I hold, that little attention has hitherto been paid by residents in this University to either of the Natural Sciences which belong to my Department ; nor will it be a matter of surprise when we recollect that whilst eminent attainments in some other branches of knowledge are highly rewarded, the Physical Sciences have, up to the time of the passing of the late Statute, not only not been made passports to honour and emolument, but been almost in a manner ignored in our Academical system. I might perhaps be able to suggest certain means of encouragement, which still admit of being introduced, but deem it at present premature to discuss them, until the effect ot the late alterations in our system has been fairly tested. Answers from II. H. Vaughan, Esq., M.A., Regius Professor of Modern History.* 1. The nature of the Endowment— its present Annual Value, whether any other sources of Income are attached to it ? The endowment was a payment made from the Royal Exchequer of 400Z. a-year, to be paid in two half-yearly payments at the Exchequer. I he value of late years has been 371/., from which w'ere deducted the sums of 21/. to a German master and 21/. to an Italian master. VN ithin the last seven years only 21/. has been deducted, owing to the death of the German master ; and within the last year nothing has been actually deducted, owing to the resignation of the Italian master. More full information is given on this point in answer to Question No. IV. No other sources of income are attached to it. 2. Whether any special qualifications are required by Statute, in the person appointed to the Professorship ? The only qualifications required by the Statutes of the Foundation in the person appointed, are, — that he shall have taken the degree of Master of Arts, or Bachelor of Laws, or some higher degree in the University of Oxford. See Answer to No. IV. 3. Whether any Residence, Lecture-room, or Library are provided for me, if so, whether there are any Funds to maintain them ? No Residence nor Library is provided. Some inconvenience and expense are incurred by both those omissions. There is probably no branch of learning which requires so large a collection of expensive works as Modern History, very few of which can be found in private libraries, or can be collected otherwise than at great expense. The purchase of a few works annually seriously diminishes the Professorial income. I think that by an arrangement connected with the management of the Bodleian Library, this difficulty might be met. It seems to have been the original plan of that great Institution, that it should be superintended by the chief Professors of the University. The Regius Professors of Divinity, Civil Law, and Medicine, and Hebrew, are Curators ; probably because at the time of its foundation these were the only endowed Professorships of the University. But * For Professor Vaughan’s general Evidence, see Part I., p. S2. EVIDENCE. 269 in truth the only method by which the purchase of books on so vast a scale, in a library which should embrace so many branches of literature and science, can be satisfactorily efiected, is through superintendence of men respectively well acquainted Avith the litera- ture of each great subject. No man can judge the real value as distinct from the market Value of a work but one thoroughly conversant with the subject of which it treats, and it is the real value rather than the market value of a book which entitles it to a place in a great public library. The librarian or the book merchant may know the one — the student and man of science only can appreciate the other. Catalogues and even Reviews cannot furnish information to be relied upon. In this Avay, then, only can the value of works be truly estimated, and the several kinds of books bo obtained without undue favour or dis- favour to any line of reading. The appointment of the Regius Professors in the three faculties indicates this to have been the true spirit of the original institution. Since the foundation, large sums have been bequeathed to the Library for its maintenance and extension, and it has outgroAvn the care of so small a Committee, representiiig so limited a number of sciences. It would be well that many more Professors should be admitted to the superintendence, and that the Professors of History should be amongst these. Indeed it seems most probable that the Regius Professor of Modern History is omitted, simply because that functionary did not exist when the Foundation and its Rulers were esta- blished, and when the existing Regius Professors were appointed its Curators. This arrangement, I think, indispensable to the full and symmetrical growth of that noble Institution. But I also suggest, that a provision might be made for aiding those Pro- fessors in their studies who must depend entirely upon books for the investigation of their subject. Either some reading-room should be provided for them in connexion Avith the Bodleian Library, or they should be permitted, under proper restrictions, to take books home to their houses and lodgings. For this last method a precedent has been established in the case of the Anglo-Saxon Professor. A considerable donation of Anglo-Saxon Avorks was made to the Bodleian Library by a benefactor of that Institution, on the express condition that the Professor of Anglo-Saxon should be at liberty to take them out as often he mijjht require to do so. In the course of this present year, the curators o^f the H.H. Vaughan, Esq, M.A. Professorship of Modern Histoiy.’ Books not to be taken out as Taylor Institution Library, of Avhom I am one, have laid doAvn a rule permitting the Taylor Professor of Modern Eui’opean languages to take out books to his home, under certain conditions, such as those I shall describe hereafter. From my experience of similar Insti- tutions, I am not inclined to approve the expedient of turning the Bodleian Library into a lending library for the Avhole University. Such a promiscuous and extensive liberty would upon the Avhole, I think, tend to defeat the great objects of such an Institution. It is not an uncommon habit of general reader's, Avho take books out of lending libraries, to defer or interrupt the perusal of them, and to retain them some time after they har^e abandoned serious intention of studying their contents. But, under any circumstances, the permission to all Masters of Arts to make use of the Library in this Avay might so materially diminish the number of books on the shelves, that constant disappointment Avould be felt by those resort- ing to that library in order to read and consult ; and ev'en those Avho desired to exercise their privilege of taking the books aivay, Avould very often find their claim anticipated and nullified by others. LIoAvever desirable, therefore, it may be in some points of view to give to all a privilege of this description, yet Avith so many claimants for the exercise of it, each might, I think, be found to lose as much as he Avould gain. I speak after some experience of lending libraries. But, Avith a limited number of persons, the same result need not be apprehended ; and in the case of this limited number it might be practicable to lend on such conditions as Avould secure the appearance of any volume Avhich the necessities of others might call for. Noav Ave have Avithin the University a class of men from Avhom knoAvledge at first hand is required, Avho have a special branch of learning devolved upon them, the cultNation of Avhich, in some instances, can be carried on by means of books only, and for Avhom the University has provided no means of supplying themselves Avith the raAV material of their Avork. StraAV should be furnished as Avell as clay for such labourers in the great AA'ork of academical edification. Each Professor, then, I think, might be empoAvered to take out AA'orks in the prosecution of his studies from the Bodleian. It might be attached as a condition — first, that no book should ever be taken out of Oxford during the Term ; and, secondly, that each book so taken out should, on due notice from any member of the University requiring the use of it, be returned to the Bodleian for the purpose of reference and consultation for a certain time. This last aiTangement could easily be carried into effect, inasmuch as from the department of each Professor being Avell knoAvn, and from his residence also being generally knoAvn, it Avould be very easy, Avith the aid of an entry book, to ascertain AA’ith Avhich Professor the book might be, and Avhere he Avas to be found. The general position and duties of the Pro- fessor surely Avould go far to rescue this privilege from any invidious appearance ; and it Avould be further justified by the relation of the Professors to the Library itself, of Avhich they Avould be unpaid Curators. But Avhether this scheme be approved or not, I Avould still suggest that the Bodleian Library should be more completely furnished Avith means for entertaining readers than its present arrangements secure or permit, dhe reading- rooms are not, I think, quite sufficiently commodious, and the reading hours are not suffi- ciently numerous. I knoAV from experience that pi’ompt, full, and kind attention is given by the Librarian and all his officers to one desirous of using the Librai'y. But the tables, the chairs, the Avriting materials, and such appurtenances, are not in harmony Avith the age in Avhich Ave live, nor arc they on a level Avith the similar provisions in clubs and other great libraries. The present large rooms themselves might perhay)s be more completely furnished with good chairs, tables, and inkstands, so arranged as to permit a reasonable except by the Profes.sors. Better accommoda- tion needed. •270 OXFORD UNIVERSITY COMMISSION. H.H. Vaughan, Esq. privacy to each person reading, noting, or writing. More rooms, too, might he opened apjdied to this purpose, and such enlargement of space might, to prevent confusion, Professorship of were thought needful, he assigned to different grades of University life ; there might Modem History. places appointed for Undergraduates, Bachelors, and Masters, as a similar distribution of s])ace is made in all College Halls. On these details I will not dwell, because there call he no real difficulty in adjusting them, provided there he rooms within the building which can be used for that purpose, and this I do not doubt. In the second place, the reading hours are not sufficiently numerous. The Library closes at four in summer, at three in winter. It is clear to any one who knows the habits of Oxford, that it should, if possible, be open in the evening. The fear of fire might be perhaps avoided in winter, 1st, by only opening the remoter rooms at night; 2nd, by making general use of lights, the management of which would require little risk ; and,’ 3rd, by fm-nishing the officials, who would fetch books from the shelves, with lamps of proper construction ; 4th, manu- scripts, and unique and precious books, not admitting of replacement, might be secured in a fire-proof chamber, or other similar place of deposit ; 5th, the rest might be insured. I am aware that all this would increase the expense of the establishment, but its funds are very large, and it is as much a direct object of the Library that good books should be read as that they should be purchased. Indeed I hope that it is not too theoretical to say that they are purchased in order that they may be read. I repeat, however — to come Lecture-room. question — that at present no Library is furnished. No Lecture-room is furnished, but by the leave of the Curators of the Taylor Institution, the Lecture-room in that building is at present nsed by the Regius Professor of Modern Histor 3 ^ The room is good. The situation is not central, but in the outskirts of the University. On the whole, the Regius Professor of Modern History is comparatively well off on this last point. 4. Whether there are any Statutes requiring specific Duties, and whether those Duties are such as could not now be profitably enforced? I will answer this question directly and summarily in the first instance, and 1 will subse- quently explain my answer. of King There are statutes contained in the Deed of Foundation under the Great Seal bearing date the 1 1th year of George I. These statutes require the Vice-Chancellor to receive the Professor’s written appointment (made by the Crown and presented b}" the Professor), and to administer to him an oath that he will perform his duties, and instantly to admit him to the Professorship. The Professor is to lecture once every term, and for this to re- ceive no fee from twenty King’s Scholars who shall be nominated by the Crown, and who are to attend the lectures in a special manner : other members of the University may attend on the same conditions which are attached to their attendance on other Professors in the University. For these King’s scholars the Professor is also to provide two language-mas- ters, who are to give them instruction gratis. And he is to report annually to the Crown the state of the twenty scholars, in order that the idle may be removed, and the diligent rewarded by some public employment, either at home or abroad, as opportunity may offer. The oath has (in deference to the feelings of the age on this subject) not been administered. The K ing’s scholars have not been ap])ointed. The language-masters have been provided, and a small stipend given to them to induce them to maintain their residence in the Uni- versity. Upon the whole, I am of opinion that the statutes which have dropt out of use could not now be enforced with advantage. The oath is perhaps out of harmony with the feeling of the age. 1 he nomination of certain Scholars appointed by the Crown to enjoy certain advantages in respect of the study of modern history and languages is an awkward and an unnecessary' provision. The days of nomination Scholars have passed away ; Scholars are selected, on good serviceable foundations — for their attainments. The Crown can know nothing of the comparative merits of a few obscure students, fi'esh from school or private Tutors, and the special advantages of the attendance on language-masters and Modern History Professor gi-atis, have, since the foundation of the Taylor Institution — which provides gratuitous instruction to all — become so small that none would seriously compete for such a benefit. Bona fide appointment to official occupations by the Crown would indeed still be an inducement, but such a privilege should be, under any circumstances, awarded after the close of the University career, and it should be given to any members of the University who would compete for it, without restriction to a few King’s Scholars, and it should be attended with such chances of future advancement as might attract the best men of the University. The appointment of language-masters would be, since the foundation of the Taylor Institution, a mere clog on the Professorship — diminishing the in- come and doing benefit to none. Having thus stated the general effect and substance of the existing Statutes, I will pro- ceed more at length to give, first, an abstract of the original Statutes, and then a summary of certain other regulations purporting to prescribe professorial duties, together with an account of the legal j)osition which these last have been deemed, and are still entitled, to hold in relation to the Professor and the University. The following is an absti’act of the letters patent creating its Professorship : — “ Since the Universities were founded for the benefit of the Church and the State, and “ since the service of the State now requires that the knowledge of modern history and “ modern languages should be cultivated, inasmuch as the national welfare depends consider- “ ably upon its treaties, — hei'eby is constituted the office of Professor of Modern History “ ‘ munus sive officium Professoris in Moderna Historia.’ ” “ The Professor is to be a man commendable for discretion and good manners — “ honestate EVIDENX'E. 271 “ morum ct ])rudentia, iaudabilis” — and must have taken the degree of Master of Arts or H.lI.Vav(jhan,Esq. “ Bachelor of Laws, or some higher degree in the LTniversity of Oxford. He is to he st}ded “ Regius Professor of Modern History. He is to he appointed l^y an instrument under the “ Sign Manual, which he is to present to the Vice-Chancellor, who shall put the required jvjojgrn History. “ oath to him, and instantly admit him to the office of Professor. The oath is to the effect “ that he will observe all the ordinances and statutes concerning his duty and office, (omnes “ ordinationes et statuta munus et officium meum concernentia). 'Fhe Regius Professor “ is to receive as salary (stipendii loco) at the Exchequer 400/. by half-yearly payments. Twenty Scholars are to he appointed and removed by the King’s Sign Manual ; these are to he taught modern languages without any charge, by two Masters, whom the Professor “ of Modern History shall nominate and pay. No one is to he eligible as a scholar uniil he “ shall have completed two years from the time of his matriculation in the University, and “ he is thenceforth to continue in the study of modern history and the modem languages. “ ‘ Our ’ Professor is to give one public lecture in each term to these twenty Scholars, and to “ any others w'ho may be present. All save the twenty scholars are to attend the said lec- “ tures of ‘ Our ’ Professor in Modern History, in the same manner and according to the same “ rules as affect their attendance upon other public lectures in our LTniversity (intersint “ dictis Professoris nostri in Moderna Historia Prmlectionibus eo mode et secundum easdem “ regulas quibus aliis praelectionibus publicis in academia nostra prmdicta adesse tenentur). “ The Professor is to commence his lectures with an historical account of the best historical “ works. The twenty Scholars so appointed as aforesaid are to attend the Professor from “ his rooms to the schools when he lectures, and from the schools to his rooms again. If the “ Professor omit to lecture once in each term, he becomes subject to the penalties which “ other Professors incur in the like case. Each Scholar is to learn two languages at least. “ ‘ Our ’ Professor is to report annually the state of the twenty Scholars in order that the “ idle may be removed, and the diligent rewarded by some public employment either at “ home or abroad, according as opportunity may offer.” The foregoing are the Statutes by which the Professorship is to be regulated. But a right is reserved to the Ci'own to change or explain them by an instrument ‘Ananu nostia Regia sigilloque Regis quod vocatur-^le privy signet munitiim,” or to add to the Statutes in the same way. ^ n i • t> i • The creation of this Professorship was renewed by George II. in the first year of his Ptegulations reign. These laws, it seems, are still in full force, but it has been usual for the Secretary Slate, of State to deliver a set of rules and regulations to each Professor, on his appointment, Avritten on paper, signed by such Secretary'of State, and, therefore, not answering the descri|)tion of instrument by which the Crown reserved to itself the right of framing and recording new rules in explanation and amendment of the old. This question ivas raised on the appointment of my distinguished predecessor Dr. Arnold, and it ivould seem from the tenor of his correspondence, from the practical course which he adopted in respect to the duties of his office, and which he announced beforehand in his familiar letters, that the new regulations in question were considered by him and those who investigated the matter for him, not to be binding. The provisions embodied in these regulations arc as follows : — I’he Professor shall reside three months in each year in the University, and shall for each night’s absence beyond nine months, forfeit the sum of 1/. He shall deliver a solemn lecture on the Thursday in the second week of each term, and for every default he shall forfeit the sum of 10/. He shall once a-year, that is, in the Octo- ber term, or in the Lent term, deliver a course of twenty lectures, not giving more than three lectures in each week ; no greater sum than one guinea is to be charged for the course, and if he omit the course altogether, he shall forfeit 100/. out of his yearly salary; but if he omit the course for two years together, he shall forfeit his whole stipend foi’ that year ; and to give effect to this regulation, the stipend is not to be paid without the Vice-Chancellor & certificate. All the forfeitures so made shall be I’eceived by the Vice-Chancellor, rvho is to account for the same to the Delegates of Accounts, and the money so received is to be laid out in purchasing 100/. stock in consols, to be applied solely to the increase of the Professor’s stipend, in oi’der to cover the depreciation of the value of money as time goes forward. The subject of his lectures may be; 1st. The method of studying Modern History ; 2nd. Political Economy ; 3rd. Political Biography ; 4th. International Law. Dr. Arnold’s main objection to these new Statutes Avas the kind of exertion therein re- Objections of Dr. quired from the Professor, in exacting from him 20 lectures in the course of the year. In ^ a letter published in “ Stanley’s Life of Arnold,” and addressed to Dr. Hawkins by Dr. = Arnold shortly after his appointment, he thus expresses himself upon the subject of these Statutes : — “ The matter lies in a short compass : the present regulations could not be observed Avithout injury to the University. If I Avere resident altogether, and had nothing to do Avith Rugby, 20 lectures fl-year, if they are to be such as a Professor of History in Oxford ought to give, cannot be prepared in a year. I could give 50 on the other hand, or any number Avhich might be required, if I made my course an abridgment of all modern history, &c., &c. my object Avould be to give eight lectures eAmry year like ; Guizot on French History, for the history, chiefly the Internal History of England,’ &c. He also ob- jects to the practice of taking any oath not required from other Professors : on these points he says in another letter, — I think I may ask the sanction of the University authorities for an application to the GoA’ernment about the regulations, to have them altered as re- gards the number of lectures ; and I think also to take aAvay the oath if such a thing be not required of the other Professors.” It appears that no change Avas ever made upon this subject, owing, apparently, to the discovery that the obnoxious regulations Avere not bind- 272 OXFORD UNIVERSITY COMMISSION. i H.H.Vaughan, Esq. Professoi'. In spealdng of the result of this determination, his hiographer says, Ttf A fliof i />!-» V* .rl t- ^ * *•!. f»i* i M.A. Professorship of Modern History. Deviation from the Statutes of King George I. i that, “ the oath which he had refused to take, as incompatible with a sense of his duties as Professor, was found to be no part of the original Institution.” The skilful and eloquent author of his life has clearly fallen into a natural mistake upon this subject, owing to the fact of his not possessing a copy of the original statutes. The oath, as it is seen, is a part of the original institution, but the requirements of 20 lectures is not, and Dr. Arnold therefore appealed to the original Institution, not as protecting him against the oath, but as exempting him from the necessity of giving 20 lectures, when the original foundation had ]:>rescribed only four as necessary : indeed it appears also from his own language, that liis chief objection did not lie against the oath, when he says “ I shall ask the sanction of the University, &c., to have the regulations altered as regards the number of lectures ; and I tliink, also, to take away the oath.” I conclude, therefore, from the nature of the thing, and from the expressed and implied results of the inquiries made by Dr. Arnold, that the latter regulations are not obligatory on the Professor. I would draw attention to the cir- cumstance that these latter regulations appear to drop the particular subject of the Profes- sorship of modern history very much out of sight, and substitute for it political economy and political biography, and international law, and give, as an alternative with these, lec- tures on the method of studying modern history. It is also clear that these regulations have not been acted upon, that no money has been accumulated, and that for the omission to carry out its provisions no forfeitures have ever been made. I wiil now, therefore, return to the Statues of the original foundation. The Crown has not appointed, at any rate for many years, any Scholars to attend the Professor’s four lectures, and to I’eceive instruction from the Masters of Modern Languages. The whole superstructure, resting upon this appointment by the Crown, of scholars has fallen, if it ever was actually raised, except that provision which requires the nomination of two masters. It has been the custom for the Regius Professor till within a recent period, to nominate a teacher of Gennan, and a teacher of Italian, and to pay each the sum of 21/. odd shillings, annually, to reside in the University, and take ])upils on moderate terms. The sum of 21Z. has been paid instead of 25/., apparently because the salary of the Professor himself has been in practice diminished from 400/. to 370/. In this way the proportions between the Regius Professor’s salary and the Regius Professor’s payments have been preserved. During the tenure of office by my predecessor, the late Dr. Cramer, Dean of Carlisle, a munificent Institution was founded and brought into operation in the University, called the Taylor Institution. Funds supplied by the will of Mr. Taylor have been applied to the erection of a building, library, and lecture-rooms, to the endowing a Professorship, and paying subordinate teachers of the modern European languages. This foundation virtually superseded the necessity of providing for the residence of Language Masters at Oxford. Therefore, at the death of Mr. Bramsen, one of the teachers appointed to teach German in Oxford by the Regius Professor of Modern History, the very Reverend Professor made no fresh appointment, but continued to pay Mr. Cardi, the other teacher, the sum of 21 /..as before. On my appointment to the Professorshij), I continued Dr. Cardi in his post. But in March, 1850, he wrote to me a letter, saying, to use his own words, that “ his profession having ceased to decline, and now lying quite prostrate,” he was desirous of giving up his appointment forthwith. It Avould appear, therefore, that the Taylor Foundation had had the effect of entirely superseding the teachers ap]»inted by the Regius Professor. I forbore to appoint another to a post which he had quitted avowedly because it had become useless to him and the University. I was not aware at this time that the appointment of such teacher’s had originated under and with the first foundation of the Regius Professorship of Modern History ; but it appears from the language of the Regulations, and the allusion therein made to the actual practice of providiirg 25/. for each of the masters, that this arrangement has been the constant habit from the foundation of the Professorship. It appears, therefore, that although the Crown has not thought neces- sary to nominate any Scholar, for whom alone the provision of Language Masters was to be made by the Regius Professors, and although all the other arrangements based upon the supposition of their being so appointed have fallen to the ground, yet the scheme in respect of the Masters has been carried out by the Professors in the manner described for the benefit the University. It is unnecessary for many reasons, perhaps, to consider how far in past times the provisions thus made for the instruction in languages have corresponded to the importance assigned to such a purpose in the foundation-deed ; but on behalf of those eminent men who have preceded me, and who have established or confirmed the course of practice now traditionary and prevailing hitherto, I would take leave to make one or two observations. First, the main object of the foundation is stated in the preamble of the deed to be met by the appointment of a Professor of Modern History. In the second place, the Professor of Modern Histoi’y is constituted to perform certain duties towards a special class of students, to be called into existence by an act of the Crown, and certain duties also towards all the students of the University. The duties of giving lectures in modern history are both special and general ; some have regard to the King’s Scholars, as that of receiving from such no fee ; while others, as that of the delivery of lectures themselves, are prescribed for the benefit of all academical students. The duties connected with the teaching of languages are of the former special and confined nature, and were to be performed simphj for the benefit of the Crowns nominee Scholars, and of no others. The Professor, it is stated, is to provide two language teachers for them. Now, the Crown has not, within living memory, if at all, appointed such scholars, and therefore the class for whose behoof the provision was contemplated has never come into existence. Under such circumstances it is not easy to see how any breach of trust could have been imputed to those who have I EVIDENCE. 273 moulded and handed down the customs of this professorship in past times, if they had never appointed any Teachers at all. Under the present circumstances of the University, it is submitted that all such provision is quite unadvisable. There is already in the University a Professor of modern languages, and, under him, are two teachers with a stipend of 150/. each, whose duty it is to give practical lessons gratis to all members of the University. The diminution of the salary of the Regius Professor of Modern History, which, without any deductions, amounts to 371/., must operate detrimentally upon the interests of that branch of learning in the University, while little corresponding benefit would be secured to linguistic studies otherwise and more efficiently provided for. This seems to be the actual state of the case with respect to the Statutes of the Profes- sorship requiring specific duties on the part of the Professor. In the one original and valid set of Statutes, four lectures only are required from the Professor. In the Regulations which I have shown to have been subsequent, disputed, and apparently invalid, twenty lectures were exacted, though not upon modern history, from the Regius Professor of that learning. I am invited also by your questions to answer also upon the 'expediency of enforcing such Statutes now. I shall not, therefore, permit myself to consider whether the words of a Professor, spoken in apparent deprecation of rigid rules exacting from him a large and definite number of lectures, might be received with more distrust than his opinion on any other point connected with his office; and the less so, because an attempt, at least in the case of this Professorship, has already, it appears, been once made to remodel the easier and more liberal provisions of the first foundation. I would draw attention, first, to the language of Dr. Arnold, which I have already quoted — uttered, indeed, by him while opening his jjrofessorial career — but which, as coming from one who not merely through his own great merits — but from the number of his pupils — the conciliating and elevating effect of death, and the interpretations of an eloquent and devoted biographer, are sure to meet with respectful, intelligent, and sympathetic construction. He gives a few good reasons for his decided opinion. I will not enumei’ate all my reasons for taking the same view ; but I will suggest one or two considerations of importance which bear upon the subject, and will, 1 believe, tend to show that any attempt to ensure vital and efficient discharge of professorial duties by special enactment to lecture at length, is a delicate task, very questionable in its effects. Certain subjects are such as can be taught only by demonstration, experiments, and specimens ; such are the natural and experimental sciences : all, therefore, who learn, must receive their instruction through those public Professors who command the use of theatres, apparatus, and musea, collections, and gai’dens ; but with history and the moral sciences, the case is different. Much here may be learned through books, and to these, assisted by the superintendence of public or private tutors, the student may in great measure resort for the details of his instruction in the present age. Again, even amongst these branches of learning, distinctions may be drawn : some of the moral subjects are purely scientific, such as mental philosophy, mathematics, political economy, and law; while others, such as history, are unscientific, and must be considered for the present and in the main as knowledge of particular events and conditions. The former class in this last division consists of a certain number of principles which should be taught and explained dogmatically. In a given number of lectures these principles may perhaps be developed, and, so far, the subject concluded. But even here, again, distinction should be descried and kept in view. In some of these sciences the truths are settled indisputably, as in mathematics ; in others, again, they are not altogether, but only for the most part, determined and agreed upon, as in positive and special systems of law ; in others, again, the maxims and principles are in part fixed and in part disputed, as in political economy, international law, civil jurisprudence, and morals; in others, again, as in the highest department of mental philosophy, sure as we may be of the existence and universal control of laws, yet there is still a region and mass of phenomena which have not yet been so assigned to general principles as that the learned world has universally accepted such distribution. Were we dealing, therefore, with the scientific branch of the moral studies only, we should be bound to acknowledge great differences in this respect. All these subjects may be handled, and indeed should be handled, by their respective professors in a different manner, and in accordance with these different conditions ; and the public duties of a Professor, the time which he apportions between investigation and teaching, and the general style of his teaching, may, in good reason, differ according to the peculiar charact>er of his science in this respect. But from all these sciences, again, as I said, history is distinguished in its very nature. It is, speaking generally, a boundless field of details. It seems impossible to exhaust the history of any one country ; and in respect to each country, the work of the Professor must vary in harmony with the different character of the facts, the different richness and number of the documents, the more or less perfect state of the historical literature. If lectures are carefully composed by judicious selections from a great number of existing authors, they may be well fewer in number than if they were more directly compiled from some one or two trusted authorities ; and if, further, they are drawn from no modern author, but are the result of the original and contemporary authorities, sifted, compared, contrasted, and harmonised, so many can not be expected as if they were put carefully together from many modern writers. But if, in addition to professed historians and chroniclers, and memoir writers, &c., all the other floating and detached monuments of the time are scrutinised for the collection of such scattered rays of light as may illustrate the period in laws, letters, chartei’s, treaties, homilies, poets, &c., the actual amount of writing and composition which is the visible fruit of so much labour may reasonably be still further diminished in quantity 40 2 H. H. Vavghan,Esq. M.A, Professorship of Modern History. Deviation from the regulations of the Secretary of State Reasons of Dr. Arnold for such deviation. Lectures on History. 274 OXFORD UNIVERSITY COMMISSION. H. II. VcHfjhaii, E: q. M'.A. Professorship of ■Modem History. Object of Professor- ships. as the toil required is greater. If, again, a Professor deliver lectures upon a period which has already been investigated, narrated, and discussed, his work admits not of direct comparison with that of one writing an obscure untreated period, of which the raw material has to be discovered and wrought. 1 have said nothing about the different styles which may be adapted, whether of detail on the one hand, or of general surveys and generalization on the other, the choice of which must necessarily affect the length of the composition in which they are severally expressed. I have only mentioned one single feature amongst the many by which the labour of the different Professors in different branches of science and history in composing the same number of lectures may be rendered widely and totally different in its amount. On these and other accounts I think it must appear clearly that to oblige all Professors to a given number of lectures (unless it be a minimum quantity) can never be other than an unsatisfactory contrivance for ensuring the performance of their duties, inasmuch as it will ignore all the vast differences of subject, research, reflexion, and general treatment, which must disclose themselves in the labours of the several Professors. And however this may to a certain degree be necessary in those Universities where all the instruction is given by Professors, yet the position of Oxford is materially different so long as we preserve all parts of our present system. It has been the result of the foundation of collegiate institutions that we have Tutors as well as Professors. In another place I have suggested a scheme tlu-ough which it might be in our power, if it is thought well, to continue this system in a sound efficient state, and were this done, one advantage connected with such a conservation would be, that it would favour the development of the professorial system in a good direction, though under a form perhaps partly peculiar to us, and congenial with the other institutions of the place. Great would be the loss if our Professors were not to lecture at all, and great would be the waste of intellect and knowledge if the under- graduates did not habitually attend professorial lectures. But as 1 have said in a,nother place, the teaching of undergraduates is not, I conceive, the only nor indeed the chief use which Professors mav answer in our Univ^ersities. The great want of Oxford hitherto has not been merely nor diiefly that the Professors have not Ijeen sufficiently active in teaching, but that the system has disfavoured the existence, and missed the general effects of Pro- fessorial learning. Some pow^erful men we have had ; a considerable body, or a constant succession of such we have not had ; men wdio could give authoritative opinions on matters connected with the sciences ; whose words w'hen spoken in public or private could kindle an enthusiasm on important branches of learning, or could chill the zeal for petty or factitious erudition; men whose names and j)resence in the University could command respect for the place, whether attracting students of all kinds and ages to it, or directing upon it the sight and interest and thought of the whole learned world ; men whose investi- gations could perpetually be adding to knowledge, not as mere conduits to convey it, but as fountains to augment its scantiness, and freshen its sleeping waters. Of such men we desire more than we have had. The first care must be to encourage the existence and promote the creation of such. The mere enlargement of the salaries cannot do this at first, or by itself, but in course of time, and combined with a good system of appointments, it w'ill probably have this effect. But it w’ould be w’ell to consider whether, especially at the commencement, we shall not make the process of creating and inviting pow’erful men all the more difficult if we impose, by unyielding rules, the same burden of constant instruction as a necessity upon all. It w-ould dovd)tl ess "produce more teaching, in the common accept- ation of those words, but it would lead also to second-hand learning, hand-to-mouth lectures, and the instalment of a race of men in our chairs wdthout enthusiasm, eloquence, profundity, or venerable acquirements. Such remarks may perhaps invite one observation, that at any rate there should be some guarantee for the activity of Professors, and that in providing this security large allowance must be made (as has been said) for “ the power of human indolence” to deter men from great exertions. But to this again there is a reply, the truth and sufficiency of which will appear the more, I believe, the more it is considered. I he position holds true if wu'ong appointments are made. If right ajqjointments are made, those will be selected to represent a branch of study in the University who are cultivating it with energy and delight. It has been, it ever will be, the tendency of men eminent in any intellectual pursuit, to be enthusiastic, to carry their exertions to the extreme limit of their constitutional strength, because they find in it, and must find in it, the ])urcst, the deepest, and the most enduring pleasure, in comparison with which, so long as vigorous health remains, idleness is privation, and amusement a meagre pastime. In all characters it is true that this activity may not show itself in teaching classes, or eveii audiences, but in the great majority it will, because if a man do l)ut possess the knowledge and the ability to comprehend a subject fully, all the common impulses, all the common weaknesses of our nature will, in the majority of cases, urge him to teach what he knows; the love of respect and importance and superioritjg and the love of social employment, in addition to the slighter but not unfelt consideration of increased emoluments. To all these must be added a sense of duty and a desire to do good: and if there be those amongst the Professors well chosen who stand beside or above the operation of these motives, they will be few, and they will not often be those of whom the University will have need to be ashamed. They will labour in a different way, and be fruitful. They will investigate, reflect, and write, even if they do not very actively lecture; they will avas President of the Rndcliffo Infirmary, as also Chancellor of the University of Oxford, and one of the Radclifie Trustees. JAMES A DEV OGLE, M.D., Oxford. Dcccmho- 1850. Clmical Professor of Med, cm. * For Professor Ogle's gener;il Evidence, see Part I. p. 40. EVIDENCE. 279 Aldrichian Professorship of Medicine. 1. Endowment : A money ]"ayment, 128Z. 10s„ being one-third portion of the dividends on a capital stock, Three per Cent. Consolidated and Reduced Government Annuities,* with fees from Pupils as below. /• i 2. The Professor must be “a Doctor of Physick of the University of Oxford, usually “resident therein .” — (^Extract from Dr. Aldridi s (fxQ founder) will, dated April 27, 1795, and proved January 26, 1798.) 3. Neither Residence, Lecture-room, Library, Apparatus Collections, nor any other accom- modations are provided for him. 4. The Founder, bywords of his will, enjoins the Professor to “ deliver a complete course ol “ Lectures on the Pi'actice of Physick annually, to be begun on the commencement of the “ latter half of Lent Term, and to be continued uninterruptedly till the same be finished.” Changes which have taken place since the date of Dr. Aldrich s will, both within and without the University, greatlv affecting Oxford as a School of Medicine, have occasioned this Endowment to be of less profit to Academic Students of Medicine than he must be sup- posed to have anticipated. My predecessor (the late Dr. Bourne, informed me that he had found it (with most rare exception) impracticable to form a class for the couise of lectuies specially set forth by words of the Founder’s will. I have not been much more successful in such attempt. The appointments of Dr. Bourne, and subsequently of myselt, are the only two which have been made to the Professorship oi Medicine on the Aldrichian loundation since its establishment in 1803. Willing, and even desirous, to discharge my duties faithlully, I have been glad w'hen occasion presented itself to do so as closely as may be in accordance with the Founder’s directions; and such occasion failing, it has been my practice (opportunity of which was wanting to my predecessor) to consider the Clinical Pupils of the year as constituting an Aldrichian Class, and to continue to them Clinical instruction throughout the^ Academic Year, instead of limiting it to the five months’ course prescribed by the Trustees of the Clinical Institution (see my Reply to the Inquiries respecting the Clinical Professorship), such extension of the course being made without demand or receipt of any additional remuneration. _ i u • 5. The Professor is appointed by the Academic Convocation. He holds the appointment for life, but is liable to retrenchment of salary for neglect of duty, “ in proportion to the term and circumstances of his failure,” at the discretion of the Trustees, Vice Chancelloi of University; Dean of Christchurch ; Warden of Marton College. 6. The customary fee, 3/. 3^. for each complete Aldrichian course. 7. The Candidate for a degree in Medicine at Oxford is virtually required to ha\e attained the degree of Master in Arts. The Statute (Tit. vi., sect. 5, Addend. Corp. Stat.) requires that each Candidate for the degree M.B. shall, subsequently to his having completed his lour years’ course as a resident Student of Arts, and having successfully acquitted himself at the public examination of Candidates for a degree in that faculty (the formalities of admission to such degree, and certain consequent expenses, being alone dispensed w ith), have given himself, during three entire years, to the diligent study of Medicine, “ cum morbis cuiandis turn lec- turis audiendis apud quoddam melioris notae Nosocomium. ’ The Medical Examinations (for the degree M.B., accompanied with a licence to practice) are holden annually in Trinity Term : they are, by statute, open to all Graduates of the University and to all Academic Students of Medicine, and by indulgence of the Examiners, to all Members of the Profession of Medicine legally qualified to practice in any of its depart- ments. The Examiners are in number three, viz., the Regius Professor of Medicine, wdio, ex-officio, presides permanently at the Board, and any other two Doctors in Medicine, Graduates of Oxford, appointed thereto on each separate occasion by the Vice-Chancellor of the University for the time being. . , oi r i The examinations were instituted by Statute in 18-35, since which date 31 Candidates nave acquitted themselves successfully, and respectively proceeded to their degrees; some few otheis have been rejected on the ground of insufficient acquirements. These facts, together with such as relate to the several medical endowments, particulars of which will doubtless be supplied to Her Majesty’s Commissioners by those gentlemen who enjoy present occupation of the same, exhibit (in my judgment) fairly and fully tbe present condition of Oxford as a School of Medicine. _ With reference to suggestions invited by the Commissioners with a view to its improvement in this respect, it is to be observed, that the whole expenses of ordinary Academic education are here incurred before the course of pioper professional study is even commenced ; and that, to the Student entering on this latter, having now completed his four-year course in Arts, and consequently no longer constrained to reside in Oxford, the Schools of London offer opportunity of professional instruction at once convenient, and economical; and that, although the expenses of Academic education at Oxlor should be diminished by arrangements of a more stringent economy and enlarged curriculum, the wider range and more ample accommodation of the London Schools would rendCT it inex- pedient to enjoin on the Student the necessity of pursuing his professional studies at Ox ore . These considerations, together with the fact that the professional character of the Ox oi Medical Graduates stands undeniably as high as that of any other class of practitioners, in uce me to deprecate, as regards the Faculty of Medicine, any changes other than such as, jy means above alluded to, might place the advantages of Academic education at Oxfoit moie within the reach of the middle classes of the community. JAMES ADEY OGLE, M.D., Aldrichian (as also Clinical) Professor of Medicine, Oxfuid. J. A. 0Wr'T&wS^ fft ■pi.. -v -i ' t»* tti(iv 3 iv - . ' '4 . *#/ .J.n |9 ;t t I ■ >' I ''■ -2..^— •V » • :*!>« * -cwU* F > ■ >»/■, fi » 4 ii#'( 1 4 '’...ijjLsiif i-,y. I# H 4 »i>U». !>■ ~ ., w#. pt ^j|f>J& 1 »’l " ru *?' ' |p;. ^ ^vjiiNr''' ^ r- : W#, f * ^*V V^. Kf ft ' W- 7«V-'»/ ■ »’I 1, 1 ^ ■ iqi- *s. 9.' . ■; :u\ '^2# 1 ' j/ •i. a •(► ^.^.»^■>lv ■ ’• •;„:A*»|:^ i.'- ’-•- *,' '^. H f> i5«..' ■ 3 i •AJ? OXFORD UNIVERSITY COMMISSION. EVIDENCE.— PART III. THE PUBLIC EXAMINATIONS. 4 Q 2 290 OXFORD UNIVERSITY COMMISSION. The folloicing Questions were addressed to the Public Examiners: 1. Do you consider the present system of Public Examinations well adapted to stimulate Students generally to exert themselves to the best of their respective powers? If not, do you think it fails most with regard to those of moderate or those of good abilities ? 2. How far do you think the recent Statute likely to remove any defects that may exist in either case ? Should you wish to see any further extension of studies, any further alterations in the examinations, or any change in the mode of classification? 3. What were the general subjects for the ordinary examination during the period of your Examinership ? In what subjects was failure most common ? What was the average pro- portion of candidates who were rejected or who voluntarily withdrew? 4. Can you specify the books taken up by candidates for classical honours, and the number of candidates by whom each book was taken up ? Can you make any other statistical returns which appear to you to be important, as illustrating the state of study in the University ? 5. What are the general subjects of the Mathematical Examinations? What degree of attention is paid to Geometrical knowledge, or to expertness in the use of analytical method ? How do you account for the comparative neglect of mathematics? Do you think that the studies introduced by the recent Statute will be as much neglected, and for like reasons? 6. Is the present mode of appointing Examiners such as you would recommend ? Do you consider their payment sufficient? Do you think that Examiners for University Scholarships should receive payment ? 7. Do you think that the subjects of instruction now pursued in the University are such as will attract any other classes to the University than those that resort to it at present? or do you think that the present studies could be advantageously modified with a view to that object? EVIDENCE. 291 Rev. R. Walker, M.A. An-^oers from the Rev. R. WalUr, M.A Reader in ^ Public Examiner in the Mathematical Schools in 1835, 1836, 1841, 1842, 1846, 1847, 1850, 1851 * * 1 no vou consider the present system of Public Examinations well adapted to stimulate Students generally ^to^erT^^^^ of their respective powers? Knot, do you thmk U fads most w.tb rptrard to those of moderate or those of good abilities ? , , . , • i • . 1 . 1 I understand by “ present system ” of public examinations, that which has been m ope- stimulus of present ration for the'Lst 2oVars; and think that it does not stimulate students generally to the bes system, exertion of their powers. The really studious will exert themselves under any system, but the average put off preparation until the examination is near, and trust too much to cramming. rHol for drvo^u think the recent Statute likely to remove any defects that may exist m either case? Should you^wish to see any further extension of studies, any further alterations in e examin , 2 . Th”CeXuSe":UWet“ evil, ,0 a great degree, by conrpelllng — and continual preparation for trial. It will, in some measure, also releve the hard-worlung, " :l';'XstTorsmfe"‘*h is to be desired that every candidate for a degree should be Extension of ac^uaSt /"m^^ one branch of Natural Science. He should approach nature on so.ne stad.es. °"l, be an improvement in the present mode of clarification to allow Class, Sealion. their discretion, to subdivide the second (and occasionally the third class) by ? rating the two or three or four best from the others in that class, m case ol any ™ ^ difference This would lessen the gulf between the first and second classes, and would also be important, as illustrating the state ot study in the University. , ntbpr 3 Failures are perhaps most common in Divinity. Those who are rejected on other Failures. grounds are almost always deficient in several points. Latin ''''f ^ Wock, but candidates are seldom rejected for defect in this point only. If decent Latin should be insisted upon, the number of failures would be more than The followi no- table exhibits the numbers oi those who were canaidates y decree durino the years in which I have held the office of examiner, and in the next columns are^the numbers of those who passed, failed, and withdrew their names. In the years 1831 and 1832, the whole number of candidates is shown ; in the other years lialf Two schools were open for the examination of passmen, and my records extend only to the school Can- didates. Passed. Failed. VVithdrew. No. per 100 Passed. Easter, 1831 . • • Michaelmas, 1831 123 87 19 26 71 Easter, 1832 . 162 118 26 18 73 Michaelmas, 1832 •• • • • • • • Easter, 1835 . • « . . • • • . Michaelmas, 1835 58 41 11 6 71 Easter, 1836 . 85 69 11 5 8l Michaelmas, 1836 68 52 11 5 76 Easter, 1841 . 71 45 12 14 63 Michaelmas, 1841 76 47 17 12 62 Easter, 1842 . 82 54 18 10 66 Michaelmas, 1842 75 49 16 10 65 Easter, 1846 . 71 49 18 4 69 Michaelmas, 1846 79 57 10 12 72 Easter, 1847 . 70 55 9 6 79 Michaelmas, 1847 70 49 13 8 70 Easter, 1849 . 87 65 11 9 76 Michaelmas, 1849 81 61 14 8 74 Easter, 1850 . 72 48 20 4 67 Michaelmas, 1850 76 57 7 12 75 In the above table blanks are left where my records are imperfect, and in the last column decimals are omitted, and the nearest integer given. . , i. • It appears that the average per cent, of the candidates for an ordinary degree who pass is on the 17 examinations of the above table rather above 71. , • For Mr. Walker’s general Evidence, see Part I., p. 21 ; for his Evidence as Professor, see Part II., p. 284. 292 OXFORD UNIVERSITY COMMISSION. Rev. jR. Walker, M.A. Mathematical Examinations. Causes of the neg- lect of Mathematics. 5. What are the general subjects of the Mathematical Examinations? What degree of attention is paid to Geometrical knowledge, or to expertness in the use of analytical method? How do you account for the comparative neglect of Mathematics ? Do you think that the studies intro- duced by the recent Statute will be as much neglected, and for like reasons ? 5. Tlie subjects for the Mathematical examinations for honours are (1) Pure Mathematics, (including Algebra, Trigonometry, Conic Sections, Algebraic Geometry, Differential and Integral Calculus), and (2) Physical Sciences (including Mechanics, Optics, Astronomy, &c.) The extent to which these subjects are carried depends on the ambition of the candidates. The same questions are proposed to all, and the position in the class list depends on the work done. The comparative neglect of Mathematical studies is easily accounted for by the fact that nothing is to be got bv them. Scholarships and Fellow.ships are determined without any reference to Mathematical attainments. For this same reason, few persevere in the study, although they have been induced to commence, unless they are likely to attain a first class. Those who are candidates for Mathematical honours, for the most part hope to obtain the highest class. I subjoin a table, showing the number of candidates for Mathematical honours, during the examinations in which I have been examiner, and have given a column of the numbers who appeared to hope for a first class, and another, of those who succeeded. This table will show how the lower honours are disregarded. If Fellowships were never (except in remarkable instances) awarded without some distinction in Mathematics, the case would be altered. It was proposed some time since to establish a valuable classical prize open to all Bachelors of Arts, with the condition that those only should be eligible whose name appeared in the Mathematical class list. I think that this would have done much for the study of Mathematics, but unless some of the rewards are attainable, on account of Mathematical knowledge or scientific attainments, the new schools of Mathematics and Natural Science will be almost neglected. Tliey will be productive of no good. — Candidates for Mathematical Honours. Candidates for First Class. Obtained a First Class. Easter, 1826 . 9 5 5 Michaelmas, 1826 6 6 6 Easter, 1827 . 12 9 7 Easter, 1828 . 12 5 2 Michaelmas, 1828 4 3 3 Easier, 1829 . 7 5 4 Easter, 1831 . 11 7 6 Michaelmas, 1831 6 5 5 Easter, 1832 . 5 4 4 Michaelmas, 1832 10 0 6 Easter, 1835 . 7 5 4 Michaelmas. 1835 7 4 3 Easter, 1836 . 8 5 3 Michaelmas, 1836 11 7 5 Easter, 1841 . 9 7 6 Michaelmas, 1841 6 0 0 Easter, 1842 . 10 7 6 Michaelmas, 1842 7 3 2 . Easter, 1846 . 8 5 3 Michaelmas, 1846 3 1 1 Easter, 1847 . 7 2 2 Michaelmas, 1847 9 4 2 Easter, 1849 . . * . 7 3 2 Michaelmas, 1849 7 5 3 Easter, 1850 . 12 7 3 Michaelmas, 1850 9 6 4 Total . 209 126 97 Appointment and payment of Examiners. 6. Is the present mode of appointing Examiners such as you would recommend ? Do you consider their payment sufficient? Do you think that Examiners for University Scholarships should receive payment? 6. The appointment of Examiners by a permanent Board tvould be (in my opinion) decidedly better than the present system of nomination by Proctors. The payment of Examiners is, 1 think, sufficient, but those who undertake the examinations for the University scholarships ought to receive some acknowledgment. 7, Do you think that the subjects of instruction now ])ursued in the University ai'e such as will attract any other classes to the University than those that resort to it at present ? or do you think that the present studies could be advantageously modified with a view to that object ? 7. I do not suppose that many will come to the University, except for the distinction of the degree, unless a very considerable change is made in the instruction, and also in the habits of the students. But this is a wide question which it is difficult to answer within moderate limits. ROBERT WALKER. EVIDENCE. 293 Ansivers from Travers Twiss, Esq., D.C.L., F.R.S., Fellow of University College and Public Examiner in 1835, 1836, 1837, 1833, 1839, 1840.'* Travers Twiss, Esq., D C L F R S On the Public Examinations and General Studies of the University. 1. Do you consider the present system of Public Examinutions well adapted to stimulate Students generally to exert themselves to the best of their respective powers ? If not, do you think it fails most with regard to those of moderate or those of good abilities ? _ 1. I do not consider the present system oC public examinations sufficiently comprehensive Inadequate in its classification of subjects to stimulate students generally to exert themselves to the best stimulus of the of their respective powers. I think it fails most with regard to students of moderate abilities, present system, who are only able to bear a limited amount of mental training in the present subjects, partly from their absolute defect of capacity for such subjects, partly from the deficiencies in their early education, preparatory to their entering the University. 2. How far do you think the recent Statute likely to remove any defects that may exist in either case ? Should jmu wish to see any further extension of studios, any further alterations in the examinations, or any change in the mode of classification ? 2. I think the recent Statute is likely to remove some defects by reason of the extension of the field of examination. It would be desirable, I conceive, that it should be tested in operation before any further alterations are introduced. As far as the mode of examination is Extension of concerned, the tendency of late has been to increase the portion of the examination which studies. is conducted in writing, and diminish the oral part of the examination. This involves very important considerations, because it necessarily influences the system of teaching, which rnust accommodate itself to the system of e.xaniination. In the first place, a very different habit of mind may result from the discipline of written questions and answers, as distinguished from oral questions and answers, e.^. a contemplative thoughtfulness may be generated rather than a vicrorous readiness. Again, the system of written exercises, as it gives more time for the memory to come into full piny, enables the respondent to recollect the lessons of his teacher. Advantages of and produce from memory those lessons, as if he had mastered the subject, and as if they were oral Examination. his own conclusions. This leads to the system of preparation, technically know n as cramming , which entails the expense of a private Tutor, and indirectly renders the standard of the examination in many respects fallacious. This inconvenience may be obviated to a certain degree by extending the oral e.xaniination, whicti may be accomplished without difficulty, if a longer period than three weeks, as at present, should be allowed lor the public examinations. 3. What were the general subjects for the ordinary examination during the period of your Examinership ? In what subjects was failure most common ? What was the average proportion of Candidates who were rejected or who voluntarily withdrew.!^ 3. The general subjects for the ordinary examination do not much vary. The Statute of 1830 requires every candidate for the degree of Bachelor of Arts to bring up for examination the Four Gospels in Greek, and the XXXIX Articles of the Church of England with the Subjects for the Scriptural proofs of them. The candidates are required by the custom of the Schools to Exami- satisfy the examiners of their knowledge of the Old and New' Testaments as constituting the rudiments of religion, and to exhibit a competent acquaintance with the evidences of revealed religion. Under the head of Literse Humaniores they are required to bring up at least three Greek and Roman writers of the best age and mark. Custom requires a portion of two Greek and two Latin works to be brought up, one of which must be a historical work. The Greek authors on the list of the Examiners are : — Historians. — Thucydides, Four Books ; Herodotus, Four Books; *Xenophon, Expedition of Cyrus. Poets. — Homer, Iliad, Twelve Books ; AEschylus, Four Plays; Sophocles, Four Plays; *Euripides, Four Plays; Theocritus. Philosophers . — Aristotle, Ethics, Six Books ; Aristotle, Rhetoric; Plato, Four Dialogues. Orators. — Demosthenes, Twelve Orations; Demosthenes and AEschines de Corona. Latin authors: — Historians. — Livy, Six Books; Tacitus, Annals, Six Books; Tacitus, Histories, Five Books; *Caesar; *Sallust, with the Catiline Orations of Cicero. Poets. — *Virgil, Eclogues and Georgies; Virgil, AEiieid ; *Horace, Odes, Epodes, and Ars Poetica ; Horace, Satires and Epistles; Juvenal; Lucretius; Terence. Philosophers. — Cicero, Tuscidan Questions ; Cicero de Officiis ; Cicero de Oratore ; Quinc- tilian’s Institutes. Orator . — *Cicero, Twelve Orations. The works marked with an asterisk are considered to be the least difficult, both in the lan- guage and the subject matter. In addition, every candidate Is required to pass an examination in Four Books of Euclid’s Elements of Geometry, or in Aldrich’s Elements of Syllogistic Logic, and he is required to translate English prose into Latin prose witli toleralde accuracy. It will be seen that the quantity of work required is not great. The translation into Latin prose and the exercise in Geometry or Logic upon the system of printed questions and written answers constitute one day’s work ; and the entire examination of an ordinary candidate is concluded on the afternoon of the second day. But the nature of the examination, through which each candidate passes, must not be judged of from the quantity of work ; it is the quality which determines his certificate, and he is required to pass through each subject without making on the average more than three or four mistakes * For Dr. Twiss’s general Evi.lence, see Pari 1., p. 1„4 294 OXFORD UNIVERSITY COMMISSION. Travers Ttviss, Esq., D.C.L., F.R.S. Failures. Books of candi- dates for classical honours. Subjects of Mathe- matical Exanoina- tion. Causes of neglect of Mathematics. Probable effects of the Statute of 1850 Failures occur seldom in Div'inity ; now and then in Logic or Geometry ; most fiequently in the Greek or Latin authors, or in Latin writing. This latter result is to be attributed for the most part to bad elementary instruction in scholarship, which entails general inaccuracy, and from which it is very difficult for the ordinary mass of students to recover at Oxfoid, as they come up with a confirmed habit of learning things inaccurately. ^ The proportion of candidates, who were rejected, was usually about 30 per cent.; the pro- portion who withdrew voluntarily was about the same; so that of about 160 candidates for the ordinary examination, 60 would disappear altogether, 90 would obtain ordinary certificates, and about 10 would be placed by the Examiners in the fourth class of honours. Such was the averacre result of my experience on eight occasions, on which I have acted as Public Ex- aminer in the Classical or in the Mathematical Schools. 4 Can you specify the books taken up by Candidates for classical honours, and the number ot Candidates by whom each book was taken up? Can you make any other statistical returns which appear to you to be important, as illustrating the state of study in the University ? 4. As all the candidates for honours have the same printed questions proposed to them to be answered in writing, and as this branch of the examination occtipies five days, whilst the oral examination only occupies from li to 2^ hours, the tendency is to establish a greater uniformity everv day in the list of books brought up by candidates for honours. The book.s almost invariably brought up are the Ethics and Rhetoric of Aristotle, the Histones ot Thucydides and Herodotus, and some portion of the historical writings of Livy and Tacitus ; the Tragedies of ^schylus and Sophocles ; the poetical works of Virgil, Horace, and Juvenal. Those who aspire to the highest honours add to their lists, for the most part, the Politics ot Aristotle, or some of the Philosophical Dialogues of Plato, and perhaps the Treatise of Aristotle on Poetry; occasionally Theophrastus, or Xenophon’s Memorabilia; the Odes of Pindar; four or six of the Comedies of Aristophanes; some of the Orations of Demosthenes; some portions of Polybius; four or six of the Tragedies of Euripides; Lucretius; the Comedies of Terence ; some of the philosophical writings of Cicero. In addition to this they are required to exhibit a tolerably accurate knowledge of the rules ot Syllogistic Logic, to write good I,atin and Greek translations from English prose, and show themselves to be fair ci-itical scholars, and acquainted with the laws of classical taste. Some of the candidates take up in their list of books one or more English writers on moral ^nlosophy. 1 he favourite author since 1830 has been Bishop Butler, but occasionally one of Dr. Paley s works ^In Divinity, the candidates for honours are practicalhj required to exhibit a more accurate acquaintance with the History of the Old Testament, and with the History and Doctrine of the New Testament, than the candidates for the ordinary examination. . ■ . 5. What are the general subjects of the Mathematical Examinations ? What degree of attention is paid to Geometrical knowledge, or to expertness in the use of analytical method . , j- „ • How do you account for the comparative neglect of Mathematics ? Do you think that the studies traduced by the recent Statute will be as much neglected, and for like reasons i 5. The general subjects of the mathematical examinations are Arithmetic, Geom^ry, Algebra, Plane and Spherical Trigonometry, Conic Sections, Newton’s Pnncipia, the DiH^- ential and Integral Calculus, Mechanics, Optics, Hydrostatics, and Plane Astronorny. Ot late less attention has been paid to geometrical knowledge ; e.g., it is now rare for a candidate to bring up the three first sections of Newton’s Pnncipia, which were almost invariably brought up before 1830, and more expertness has been required in the use of the analytical method the solution of problems in writing being less cumbrous by the analytical than the geometrical method, independently of other practical advantages which the former method possesses over the latter. , • , r t a „ The comparative neglect of mathematics is to be attributed to a variety of causes. In the first place mathematics are rarely taught to any useful purpose in the public sciiools, so that the mass of Undergraduates on entering the University know little of the first elements of them. In the second place, by a custom which tends to perpetuate itself, mathematics do iK^ form any very important branch of the examinations for Scholarships and Fellowships. The recent Examination Statute, however, makes a certain knowledge of mathematics indispensable for the detrree of Bachelor of Arts. This must indirectly affect the preparatory teaching of the schools, for most Colleges will require some acquaintance with the elements of mathematics to be exhibited by candidates at their matriculation; it being customary for Colleps to examine candidates before their names are allowed to be entered upon the College oo s although the University itself does not impose any test of examination, as a condition ot It is very uncertain what will be the effect of the recent Statute. It is by no means impro- bable that the new subjects will only be followed by a few students, unless the pressure of the final examination in Liter* Humaniores should be diminished in practice, as it is in ffieory, by the introduction of an intermediate examination after the Responsions. As long as the pressure in the classical schools is maintained in its present severity, the ab est men, w’ho are candidates for hio-h honours, must devote their attention almost exclusively to the Liter* Humaniores ; and their example being wanting in regard to following the new subjects, there may be so far a risk of the spirit of study being still directed away from those subjects. _ , • i The Advantage of the present change is that it will allow of capacities for other than classical subjects to direct themselves to such subjects, under similar incentives, as far as the University is concerned, to those which have hitherto been exclusively held out to students in the Liter* H^uiTifiHior 0 s 3.ncl the IVIcithcnicLticcLl Sciences. , « t-v *j al * 6 Is the present mode of appointing Examiners such as you would recommend ? Do you consider their paymrnt suffidenU^^ Do you "think that Examiners for University Scholarships should receive payment ? , _ * EVIDENCE. 295 G. The present, mode of appointing Examiners is not such as I should recommend. I think Travers Twiss,Esq., they should continue longer in office, and receive a larger payment, so as to be able to devote B.C.L., F.R.S. a longer period of time to the business of the public examinations. I do not think the Ex- ^ ointm^t and aminers for University Scholarships should receive payment. The labour, though severe, is payment'^f" of short duration, and the position is one of honour, and generally accepted with readiness. Examiners, excepting in the case of the M athematical Scholarships, as there are comparatively few resident members qualified to conduct mathematical examinations. 7. Do you think that the subjects of instruction now pursued in the University are such as will attract any other classes to the University than those that resort to it at present ? or do you think that the present studies could be advantageously modified with a view to that object ? 7. I should doubt that any other classes of Students will be attracted to the University than Extension of sub* those who resort to it at present ; the modus operandi of the Student is so much altered since jects of study, the time when Universities, or Studia Generalia (places of general study), were first established. In those earlier days. Students resorted from necessity to the abodeof learned men, who were the living oracles of iiterature and science, and congregated in their lecture rooms to catch information from their lips; now, that information is to be found in books, which the Student may have by his side at his home, and may pore over at his leisure, It is therefore, in the first place, not necessary to resort to the Universities, as exclusively the storehouses of learning. Again, special schools have grown up in places where special facilities for practical demon- stration in support of theory have been found to exist, e. g. surgery, medicine, law ; and it is rather in the application of theory, than in theory itself, that a living guide is needed in the present day. Thus, St. Bartholomew’s or Guy’s Hospital is preferred by the future surgeon to the lecture-rooms of the Professors of Anatomy at Oxford, and the pleader’s chambers are considered to be safer training ground for the young lawyer than the hall wherein Black- stone lectured. Again, the increasing pressure upon youth to aid in supporting the family, or relieving the family from charge, is found to operate upon the classes whiith used to frequent the Universities, and systematic study, which it is the peculiar object of the Universities to promote, finds relatively fewer votaries even in the classes who used to frequent them. I think the alterations in the New Examination Statute may attract some individuals, who might be disposed to turn away from the more scholastic system in force under the present statute; but the proportion of young men who can afford to devote themselves, from the age of nineteen to twenty-two, to theoretical study, will be governed very much by the demand for recruits in the professions, and by the means of leisure at their disposal to enable them to pursue the more refined culture of the mental powers, which academic studies are intended to promote. Again, there may be another advantage in the system of three examinations under the new Statute; that a greater number of Students may be disposed to avail themselves of one or two years’ study at the Universities, who could not give up time for three or four years’ study. I should think it might be desirable for many young men to avail themselves of two years of academic life before they embark on the practical details of their future depart- ment of business. Three or four years, the full curriculum of study, on the other hand, might prove too long a residence, as their tastes would run the risk of being alienated from their future pursuits. Answers of the Rev. J. M. Wilson, M.A., Professor of Moral Philosophy, and Rev. J. m. Wilson, Public Examiner in, 1844, 1845, 1846, 1850, 1851.^ 1. On the present system of Examination, as adapted to stimulate Students. With regard to the Examination, I will venture to suggest two alterations, by means of which Proposed altera- the present arrangement, I think, would be much improved. tions. (1.) The first is, that subjects, or parts of subjects, should be required instead of books in the final Examination. The Student may very easily know too much of a book, i.e., he may spend time unprofitably on a book ; he can hardly know*, or at all events he is not likely to know, too much of a subject. If, at the same time, he is questioned by an Examiner who has a real knowledge of a sub- ject, it appears to me that much that is objectionable in the present method may be avoided. A book, or text-book, is, I presume, intended to convey a knowledge of the subject. If it 1. Subjects instead fail to do this, it fails of its object. If the Student substitute the book for the subject of the of books, book, he is injured by so doing, or at all events he loses an opportunity of being improved by his studies in each case where this may happen. The text-book on Moral Philosophy used in the schools is the Ethics of Aristotle. The more valuable parts of this treatise are easily read, and the leading thoughts easily mastered. All the Students equally are soon made acquainted with the leading doctrines. Accordingly the Examiner is driven to seek out the more obscure and technical parts of the treatise, in order to be able to distinguish between the Candidates. He is driven to ask questions out of the obscurer corners, so to speak, of the book, and the matter lurking in these corners is always the least valuable. These obscure passages become so many texts for illustration by the Private Tutor, and much labour and ingenuity are wasted upon them. The Candidate for Honours must have this recondite information, and he purchases it Irom the Private Tutor. It consists mainly of erudite exposition and criticism of the technicalities of Aristotle s system ; of a nice discrimination between his statements and those of Plato on the same subject; of information, in short, which may be very interesting to the historian of philosophy, but which is certainly not calculated to initiate the Student in this branch of science. This kind of know- ledge is now recognized in the schools, and is necessary for the higher honours. A vast body * For Mr, Wilson’s Evidence as Professor, see part II., p. 282. 4 R 296 OXFORD UNIVERSITY COMMISSION. Eev. J. M. Wilson, M.A. 2. Division of the School ofT.iteraa Humaniores. of such commentary has grown up in the University ; it has been handed down from Tutor to Tutor, and I will venture to say, that had we laboured equally on the subject itself of Mental Philosophy, we should greatly have improved its actual condition, provided that, in the first instance, we had acquired the necessary scientific habits of mind and observation by the culti- vation of the simpler and more advanced sciences. I have often found, to my great regret, that the number of attendants on my lecture on the Ethics has been almost doubled as I approached the analysis of the more technical and obscure passages of the work, which I knew to be useless, or nearly useless, to the Student. Let me repeat here, that I do not seek to supersede the study of the Greek Philosophy; far from it — I think it a most important element of academic study; I only desire to introduce the subject of Mental Phdosophy along with it. • T u u The same remarks apply equally, or with greater force, to the study of Logic. It has been for some time past the practice of Examiners to select specimens of complicated reasonings to be examined by the Candidates for Honours, and to place them in a prominent position in the Logic paper, in order to show the importance attached to the answers. These questions are in most cases passed over altogether, and in nearly all very imperfectly answered ; while texts of Aldrich, or of the Organon of Aristotle, are very liberally illustrated by the kind of conamenrary I spoke of as being lavished on the Ethics. ‘The treatise of Aldrich was compiled in a very different state of mental science, and much that he says on the first part ot Logic, especially, is now' entirely obsolete. The obscurities and perplexities of this part are made the subjects of abundant commentary, and this commentary or study ol the book takes the place, as we have seen, of a practical acquaintance with the subject. So, again, in History, the Candidate is made to construe passages from a certain number of books, and he prepares for this part of the examination by a diligent study of the text. Ihis is, no doubt, a valuable part of his academic discipline, and his time is well employed on it, provided he comes up to the University a tolerable scholar, or can make himself one by labour. The grammatical analysis is most useful to him; the habit of translating into English such writers as Cicero and Demosthenes, Tacitus and Thucydides, Homer and Viigil, is an improving exercise to the young Student. It gives him a taste for propriety of expiession . it gives him a command, more or less, of the Greek and Latin languages, and enables him to use his own. This knowledge of the classical languages is a most valuable acquirement, and for it the Student should have an opportunity of obtaining distinction in the appropriate place, i.e., in the School of Philology. After construing the text, he is questioned respecting the contents of the book. Now the more prominent and leading facts of the principal histories are easily mastered, and they are, accordingly, well known by the great majority ol the Candi- dates. Again, therefore, in order to be able to distinguish, the Examiner is driven to put the most minute questions, and to call attention to the more unimportant and frivolous notices in a great writer. This very minute and microscopic examination would be unnecessary if the Student were permitted or required to take up portions of the subject of Ancient Histoiy. He might, at the same time, take up certain books for examination, as specimens of the liteia- ture of a particular period, or as giving information respecting such period. ^2.) The second suggestion is, that a further separation of subjects should be made in the Literae Humaniores School. This separation of subjects would abate many of the difficulties now experienced by Examiners. The classification of the Candidates, for instance, would be a simpler and easier matter, and much more satisfactory to the Examiner than it is at present. It is often made a question, under the present arrangement, whether one paper shall be allowed to compensate for another; whether a Candidate can be placed in the first class who has failed in writing a good piece of Latin; whether Greek composition is essential to the highest Honours,”or whether a deficiency in this particular may be supplied from a surplus in any other paper. Different Examiners will answer these questions differently ; but all these and many similar questions would be set aside by a complete division of subjects, and by holding exami- nations on different subjects in different Schools, and before different Examiners. It this were done, I have no doubt that the classification would give more general satisfaction than it does at present. The Pupil would look forward with more confidence to the result of his reading ; the Tutor would be able to calculate with nearer approach to certainty on the probable position of his Pupil on the class list; and the Examiner himself would be spared the pain, in some cases, of depressing a deserving man to a position among persons of inferior power, merely because he may be deficient in one or two points ; and in other cases of elevating a person of moderate abilit}' to a position very much overrated by his fellows and by those who are not near enough to see the matter as it is, because he has reached a ceilain level in all. This separation would be still farther beneficial, as leaving the btudent more at liberty to follow his taste and natural talent, or, if he think fit, to direct his studies with reference to his future profession. It is a serious objection to the present arrangement, that it often imposes on the Candidate for Honours the necessity of pursuing studies for which, perhaps, he has neither taste nor capacity. To obtain, for instance, a first, second, and, I think, a third class in the Literse Humaniores School, he must take up the Ethics of Aristotle, or some philosophical treatise, and acquire the kind of information respecting Logic which I have just described. The Tutor must often have occasion to regret this necessity, and to wish that the system admitted of his Pupil’s obtaining Honours, without being required to study a treatise of the Ancient Philosophy. Many persons, as I have before remarked, and those especially who read for the lower Honours, evidently derive little or no benefit from such study. They do not see clearly the meaning of the technicalities which occupy so much ot their attention, and they depend, therefore, on the Tutor, or rather the Private Tutor, for all except the mere effort of memory. Many young men, even, of superior ability in other respects, are induced to take up EVIDENCE. 297 this subject at a time when they are not prepared by education or previous mental experience Rev. J. M. Wikon, to enter on it with advantage. I have often wished that persons in this condition were at M.A . libertv to give up Aristotle, without having to desist altogether from reading for Honours. In cases of this kind, the Tutor has often to stand aside, and see his Pupil blunder through what he thinks will procure him a class. In like manner, he must see Pupils toil in vain to acquire a knowledge of the classical languages who are yet capable ot excelling in historical and philosophical studies. _ • ■ i i -u i But perhaps the greatest objection to this confusion of subjects is that it has contributed, along with other causes, to produce the state of things mentioned in another place, it has had the effect of proscribing all subjects not included in the narrow range of the examinations, while, at the same time, it has cut off all occasion or demand for higher teaching, even of the recognized subjects. Each Candidate for Honours takes up a portion ot Theology, of Philosophy,” of Greek and Roman History, and certain poets. The books presented have hitherto been almost always the same. In Philosophy, the Ethics and Rhetoric of Aristotle; very rarely the Politics and Poetics; a few treatises of Plato, and Bishop Butler’s Analogy and Sermons. In History, Herodotus, Thucydides, Livy, Tacitus. In Poetry, iEschylus, Sophocles, Aristophanes, Virgil, Horace, Juvenal, and others occasionally. It is obvious that this form of the examination must have tended to make these books the great study of the University, and such has actually been the case. The Moral Philosophy of Oxford has become mere commentary ; the regular historical studies are almost confined to the books above mentioned, and the periods to which they relate; and, as regards classical studies, even Homer, Cicero, and Demosthenes were little read, until the recent Statute was passed. This Statute concedes important alterations. It recognizes the study of most of the funda- mental sciences, physical and moral ; and it aims at improving the condition of classical literature, by requiring the study of some of the best Greek and Latin authors, hitherto neglected. It cannot, however, be regarded as a final arrangement. The examinations are evidently in a state of transition. The Literae Humaniores School still comprehends too many subjects, and if it be not further broken up, it will defeat the other provisions of the Statute. This separate study of subjects would of course involve some change in regard to the super- intendence of the examinations, and the appointment of Examiners ; of this I shall speak presently. What has been said relates to the final Examination ; it involves, however, some modification of the second or intermediate Examination. At present, the Candidates for Honours at this Examination are examined apart from the rest, and divided into two classes, according to merit. This arrangement was intended chiefly, I believe, to encourage Classical Philology, which w'as declining in the University from the mixture of subjects in the final Examination. If this encouragement were provided by a separate Philological Examination at the end of the third year, the classification at the end of the second would, I think, naturally be discontinued. It would be sufficient to distinguish the more promising or more diligent class of Students by placing them in a class by themselves. It will become a question whether all the Students shall be required or encouraged to pursue their classical and philological studies till the end of the second year, or be allowed to make a choice of subjects at the end of the first, i.e., after passing their responsions. Whiche\er way this question may be determined, it would, I think, be very undesirable to repeat a serious Examination for Honours at the end of two successive years. To the Passmen, the prospect of examination at the end of each year may be necessary ; it only cramps and confiiies the Classmen. They would always be in the hurry and fever of preparation for an Examination on which their reputation depended, and they would read less for their real improvement than heretofore. 2. On the appointment of Examiners. In the answer to your question on this subject, I have suggested that the Professore should be allowed to exercise a permanent influence of some kind or other over the examinations. The Professors of each Faculty might be allowed to nominate one or more of their own body Anpointment of as Examiners; the Vice-Chancellor and the Proctors, acting as a Board, might choose the Examiners, rest. The present practice is, I think, defective in two particulars : — (1.) Each Examiner is appointed for the short period of two years, and the rapid succession Evils of the present thus occasioned produces great inconvenience and uncertainty. The standard is evidently piact'ce. liable to considerable fluctuation, and the character of the Examination changes in some degree 1- uctua ion. with successive Examiners. There can, I think, be no reasonable doubt that a more permanent Board is required to give consistency and steadiness to the system. (2.) It has been the general practice for the Vice-Chancellor and the Proctors to nominate 2 . Appointment of one of the Tutors of their own College as a matter of course. This practice is a questionable College Tutois. one under any circumstances, and the substitution of subjects for books, which I have been recommending, naturally involves’ its being laid aside. So long, indeed, as the examinations turned on certain books, it might be thought that any one who had himself carefully read t hese books was capable of examining in them. If, however, they are made to turn more on subjects, it w'ill be necessary to intrust them to persons who are profoundly acquainted with these subjects. No one but a true scholar can be thought competent to examine in the Greek and Latin languages, and the same may be said in regard to all other subjects. If, indeed, the superintendence of the Professors were secured, the present practice might be continued in the case of those to be appointed by the Vice-Chancellor and Proctors. Even then, perhaps, it would be desirable to extend the term of office. 4 R 2 298 OXFORD UNIVERSITY COMMISSION. Rev. J. M. Wilson, M.A. Connexion of the system of Private Tuition with the ] present system of Examinations. The superintendence of professorial experience and knowledge would not only steady the examinations, but would raise their tone and character throvighout. It appears, indeed, to furnish the very direction necessary for the right use and employment of an instrument so powerful as the established system of examination. I dwell on this point as one of vital im- portance, for I believe that any attempt to enlarge or improve the studies of the University will prove ineffectual, unless means are taken at the same time to provide a judicious super- intendence of the examinations. It is an inconvenience attaching to all examinations, that the Student is led insensibly to read solely /or the examination. This is especially the case in examinations where “ honours” are awarded as an inducement to study. The Student reads exclusively, or nearly so, /or the honour. It is, of course, the honour or distinction that he seeks, and not the self-improvement which should be the result of his reading. The University, no doubt, holds forth the honour in the hope of improving the young men by the means they must take to obtain it. This course may be natural and proper: it may be necessary even to apply a stimulus of this kind to induce the mass of young men to exert themselves. It is obvious, however, that this method of promoting industry, if it be not wisely and judiciously administered, may occasion great evil, by creating in the Pupil overstrained and feverish habits of study, and encouraging vicious methods of preparation, which may impair the beneficial effect of his reading and exertion; and that, therefore, its operation should be controlled or superintended by persons who have at heart the interest of real knowledge and sound instruction, and who know how great the differ- ence is between a true love of learning and that spurious attachment to it which a system of examinations and honours has a tendency to foster. The young men will naturally read for the examinations or the honours, and where this is the case, the Tutor also must consent to teach for the examination, or he will lose all hold ot his Pupils: they will desert him, and have recourse to the Private Tutor, who is supposed to furnish just the information required for the Schools, and no more. The business of the Tutor is thus reduced to the task of preparing his Pupil for the e.xamination. That this is the pre- vailing view of teaching in the University at this moment there can, I think, be little doubt. The Private Tutor, whose teaching is, perhaps, most valued by the Student, lectures solely with reference to the examinations ; the College Tutor is forced to shape his lectures to the same end ; even the Professor is compelled to follow the same course, or to forego the satis- faction of having a class. No matter what his knowledge or reputation may be, he cannot hope to secure Pupils j:)ermanently under the present system, unless his mode of teaching a subject resemble that of the Private Tutor, which is regarded as the model of instruction for the Schools. I find that the best attended of my own lectures are not those which I think best calcidated to profit the Student, or which turn on subjects most interesting in themselves, but those which I am in the habit of giving to direct the Pupil in his reading tor the Schools. In short, the Examinations have come to exercise an undue influence on the Studies of the University, and are no longer regarded as subsidiary to the main purpose of instniction; they are everything with the young men, and knowledge or mental improvement is a secondary con- sideration. The relative value of the different branches ot knowledge, the importance of the several lectures, the merit of the Lecturers, are all estimated by reference to the examination. I can conceive a University entirely possessed by this spurious and questionable spirit. I can easily conceive “ Cramming” to take the place of Instruction, a craving for “ Honours” to supersede the love of Knowledge, and, as a consequence, examples of real distinction to become rare, in proportion as Honours and Examinations are nudtiplied. This kind of influence would not, perhaps, long maintain itself in any place. Ultimately, no doubt, the mind would shake it off, and regain its freedom and proper activity ; in the mean time, however, it may cause great evil. We have seen the Examinations dictate absolutely what subjects shall be studied in the University, and how they shall be studied: we have seen them throw the instruction of the place into the hands of young men, who are certainly not qualified for the office of Teachers at the time when their assistance is chiefly sought. If, then, what I say of the examinations be just, it is evidently all-important to subject them to proper control, and the obvious way of doing this is, as I have said, to place them under the superintendence of the highest authorities in the different branches of study. Under their control they will fall into their proper place ; they will be made subsidiary to education, and will no longer be allowed to defeat the object for which they were originally devised. 3. Private Tuition. 3. Reading with a Private Tutor is a very general practice in the University : with the Class- men it is the rule. These all read for a time with Private Tutors, generally during the year preceding the Examinations. It is indispensable, they say, to success in the Schools; the Examinations demand it. /' ' The extent to which this practice prevails is much to be regretted. It increases the ordinary expenses, and devolves a most important part of the tuition on young men, who cannot be regarded as proper persons to form the minds of the Stuilents, or capable of giving the proper interest and usefulness to the many subjects they teach ; and, moreover, it encourages that servile and unreflecting mode of study which is very significantly termed “ cramming.’ It should be remarked that the Student has recourse to the Private Tutor chiefly for assist- ance in reading the Ethics, the technical parts of the Rhetoric, and Logic. Many read the remaining part of the work by themselves, or are content with the assistance afforded by the College Lectures; but all alike read the Ethics and Logic with a Private Tutor, at least I have not known an exception. It is not, therefore, too much to say that these subjects, or the present condition of them, are the main support of Private Tuition, This may be owing, in part, to the peculiar character of the text-books, in part, also, to the EVIDENCE. 299 arbitrary nature of the information handed down respecting them ; but a further reason, no doubt, is that some of the Private Tutors, by confining themselves to these subjects, get a name and reputation for teaching them, while others consent to “ cram” their Pupils more indis- criminately than the College Tutor, who is not dependent on popular favour, can be induced to do. Private Tuition came in, we may be sure, with the Examinations. It does not, however, appear to have assumed its present importance till late years, when the Logic and Ethics, under their present form, began to assume a more prominent position, in regard to the rest of the Examinations, than they had occupied before.’ The form in which these subjects began to be taught about 20 or 30 years ago, and in which they have since continued, was given them chiefly by the Private Tutors. There is no doubt that the more ingenious among these elaborated the current traditional commentary on the recognized text-books. When this first came into existence, it appears to have been highly valued in the University, and to have procured great reputation for its authors, as we find that the Private d’utors of that time repeatedly held the office of Public Examiner. Since that time it has maintained its ground, though greatly fallen in credit. Indeed, it may be said that a reaction has taken place in this respect. Examiners have frequently declared that accurate translation, sound scholarship, and careful reading of the books are the chief elements of success, and that the analysis of the arguments given in the Logic paper will avail the Candidate more than any amount of commentary he can accumulate on the Ethics or on Aldrich. So far at least we are prepared for superior instruction on these subjects. I have already expressed an opinion that the time is now come when a professorial exposition of Mental and Moral Philosophy should take the place of the present mode of teaching these sciences. If this were once provided, and at the same time the Schools were placed under the control of Professors, it does not appear unreasonable to hope that both the learning and teaching of the Private Tutor would be supplanted, to a very considerable degree, by the more solid instruction of the Professor, or that the Professor and College Tutor together would do more effectually, and with far less expense to the Students, all that is now done by the Private and the College Tutor. 4. Proposal for the improvement of Theological Study. ” 4. The necessity of seeking theological instruction in other places than Oxford would be entirely obviated by the system I have been speaking of. Suppose the person intending^ to take orders to have finished his grammatical and classical studies by the end of the first year, or as soon as possible after that time ; he might then enter more at large on a course of theological study. This would call the Theological Professorships into more active academical life, by creating a demand (which is all that is necessary) for improved theological teaching. The present constitution of the Schools is the reason vvhy so little demand is made on the Theological Professors. It should be borne in mind that by thus sacrificing in part our present exclusively classical studies, in this and similar cases, we are not surrendering a profitable study of these subjects. Persons who have an aptitude for them will pursue them in their proper School. The classical studies of Passmen are confined chiefly to Latin writing, two Greek and two Latin books, and certain logical technicalities. Now, considering that these subjects have occupied their attention almost exclusively since the age of 12 or 14, it is clear that they must have produced on the mind whatever effect they can produce long before they are now laid aside. It may be, too, that many who show no aptitude for the study of language may be very capable in other subjects, which are, to say the least, quite as valuable. Rev. J. M. Wilson, M.A. Theological Study. Classical Studies. ‘..■'i I tV: HI - ;;,\ on ri '' rr -' v : r < fv > i ^.;«., W?(r ^ I 'l V •■ • ’ r ''' I / '. Vi'.i-'i liiHi.'*! ' ja>-iq •'* '; !■! hi' a^jiv; I.- , l.l >>' I'i 7 u .... . . ;»>/• /,fl I ' t ; iiq - ' f ’**’ "' I ■'■ . < f . .■ fi ' iv ' n '-; eX ' Ji'jf rj ?> ,.( i . t «. ' '• ' ■ ‘» > 1 . ■ h ' -.'a jh I . . ■ I i' ^ I . * i ” * dr mii ^ t '/,'•■•';( I • r » i . t >' , :. r .. i .'- ji -' f '!.--., 7 _:ffc i ^ inivB ’ h ' * L i- I hi- ''m ■ " r 1 »=lSi » '’)■ n . '. Iv-'hhCuH • ! Mi“ ■.' ■ r .■'; .^.1 ;-. I - I ' . ' , y ii y : ,.> ii'r -'-I -. vv . \ ; y.it I r ’ --in '‘h f'ill .jO ill ', ., ■ ■ / ■ ■ •'■‘’ir \ 1 J ■’• .'1 . nv', "jiijfM i '.y 'll.) 0 •'■; • I - IfiftiJyl’A ; h ' ' ' '• ' ■ . , , ' .' n '- i ;.' _ ’ I ' , l ( iiini ‘ i . 4 . > l‘- 'i |■■'^ . h' I'.ijJJiyWJh. i , . ^ : >1^ 7^,,;^ .>■_ '.%• #:«'?, nr\i «■• .} i \ ■■ > i*v;pj7-h ./;•..■( . ' I «'»}*•■ >.■ ' '■ 7,1 ::.M, r.. -^h! o-; J kr r '.- n > • 1 ,^-.. O ! .•:••. '-YffC /jl .;V 4 i _ ’^ v . aWAr ..^ >•■’' ' : imU « 4 l|F .1 ■:l i... V- '',1 ■.e,^ or' ¥ y ■ . iV ' mnii *' I ■ \ I t '•■,■1^5 A't, -’i -i' Vr-i VJ "'•f y : .'■ OXFORD UNIVERSITY COMMISSION. EVIDENCE.— PART IV. THE COLLEGES. 302 OXFORD UNIVERSITY COMMISSION. I. — Letter addressed to the Heads of Colleges and Halls. (See Report, Appendix B., p. 6.) Sir, Dovming-street, October 21, 1850. * Her Majesty’s Commissioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford, have the honour to enclose a copy of the Commission under which they act, and beg to express a hope that you w’ill assist them in executing Her Majesty’s commands, by furnishing such information as may lie w'ithin your power. S. Norwich. II. — Letter addressed to the Head and Fellows of each College in Oxford, and to the Dean and Canons of Christ Church : — Oxford University Commission, Gentlemen, Downing-street, November , 1850. Her Majesty’s Commissioners for the University of Oxford w'ill feel much obliged for any information which you may be disposed to furnish on the following points : — 1. The amount of your corporate revenues and their specific application. 2. The sources from which each portion of the income is derived, and the amount arising from each source. 3. The proportion of your corporate property which is let at rack-rent, and on lives, or for terms of years ; and the principle on which fines are set, 4. The emoluments of the Headship, of the several Fellowships, Studentships, Scholar- ships, Demyships, or the like. 5. The number, value, and period of tenure of the several unincorporated Scholar- ships, Exhibitions, or the like. Her Majesty’s Commissioners also request that you will furnish them with a copy of your Statutes, and with any Decrees made by the Visitor. I have the honour to be. Gentlemen, Your obedient humble servant, A. P. Stanley, Secretary. III. — Letter addressed to the Head, to the Senior Tutor, and to other Persons of each College : — Sir, Oxford University Commission, Downing-street, December , 1850. Her Majesty’s Commissioners for the University of Oxford wilHeel obliged to you for any information which you may be disposed to furnish on the following hea,ds of inquiry, which, for the sake of convenience, have been arranged under the form of questions. I have the honour to be Your obedient humble servant, A. P. Stanley, Secretary. 1. Is your Society governed by statutes ? If not, are there any orders or rules by which it is governed ? 2. If the Society is governed by statutes, were those statutes given by the Founder? Are the original statutes in force, wholly or in part? If they are not in force, by what authority, and when, have they been altered ? 3. Is there any provision in your present statutes for their alteration or amendment; or was there, in your original statutes, any such provision ? 4. Will you state in what respects, if any, your statutes have ceased to be observed, whether owing to lapse of time or other causes? 5. In what cases is the non-residence of your Head or your Fellows permitted by the statutes, and how many of your Fellows are non-residents? Would the University or the College be benefited, in your opinion, by the general enforcement of residence? EVIDENCE. 303 6. Is the marriage of the Head of your College permitted by the Statutes ? If not, by what authority is such permission granted ? Is that permission applicable to any other Members of the Foundation, besides the Head? ?. Does the College consist of several Foundations? if so, do the Fellows on the several Foundations enjoy the same rights and advantages? 8. Are there in your College any unincorporated or Bye Fellows? If so, by what statutes are thev governed ? Do you consider such Fellowships beneficial to the Society ? Or do you think their present position might be altered with advantage ? 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction; and how many confined to particular places, or schools, or to persons of the kin or name of Founders ? 10. Will you quote the clauses of your statutes on which any such restriction rests, together with any special reasons which the Founder or framer of your statutes may have had for this restriction ? 1 1 . Is the restriction absolute ? If not, has the College availed itself of any facilities which the statutes allow for opening the Foundation ? 12. If the statutes give a “ preference ” to certain candidates, how do you interpret such pre- ference ? 13. Do you consider the present restrictions, if any, on the election of your Fellows, Students, Scholars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly according' to merit ? Is such merit tested by examinations ? 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like ? What is the practice in this respect? 16. If your Fellowships are limited to those who are or have been Scholars, or the like, of your Society, has this system been found beneficial to the College ? 17. Are the Fellows of your College obliged to proceed to the higher Degrees ? If so, in what Faculties? 18. Do your statutes enjoin that your Fellowships, Studentships, Scholarships, or the like, be increased or diminished in number as the revenues of your College vary? Has such provision of the statutes been acted upon ? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society ? 19. Do your statutes contemplate the residence in College of any Undergraduates not on the Foundation ? Do they forbid it ? Will you quote the clauses in your statutes on which such permission or prohibition rests ? 20. What amount of property vacates a Fellowship, Scholarship, or the like, according to vour statutes ? Is the rule enforced equally with regard to real and personal property ? Do you conceive that the enforcement of such a rule at the present time would be beneficial to the Society ? 21. Is the Head of your Society, statutably required to enter into Holy Orders? How many of your Fellows, Students, or the like, are subject to the same rule? If the statute be not observed, on what authority does the non-observance or dispensation rest ? Is the obli- gation to enter into Holy Orders expressly laid down by statute, or is it deduced from an injunction to study theology, from an injunction to discharge clerical duties now disused, or from any other like provision? 22. Are your Fellowships confined to persons of a certain University standing? Is the admission of Undergraduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, productive of inconvenience ? 23. Are clergymen excluded from presenting themselves as candidates for your Fellow- ships? Are laymen? 24. Are Fellows or other members on your Foundation allowed by statute or other authoritv to hold ecclesiastical preferment? and, if so, to what amount? 25. What statutable restrictions limit the selection ot your Head ? 26. How many benefices in the gift of your Society have been added since the original Foundation? Will you state at what time and in what manner each was acquired ? Have you at present a fund for the purchase of advowsons? 27. Are there any Praelectorships fovinded in your College for the benefit of the whole University? Are Fellowships connected with such Preelectorships ? If so, do the statutes allow any special liberty of choice in the Fellowships so connected ? 28. H as the College the nomination to the Masterships of any Schools ? What control does the College exercise over such Schools? 29. Will you quote the clauses of your statutes which set forth the powers and duties of the Visitor of your College? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the statutes, or to make new statutes or ordinances? 4 S 304 OXFORD UNIVERSITY COMMISSION. 30. Are Gentleman-commoners in your Society called upon to pass the same examination at entrance as other persons ? Do they follow the same course of studies, and are they subjected to the same discipline, as other persons in statu pupillari ? To what charges are they liable, beyond those borne by other independent members ? 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society ? What are the sources and what is the amount of the assistance so received ? 32. How many persons are supported, wholly or in part, in your Society as Batellers, Servi- tors, Bible-clerks, or the like ? What are their duties, and what are their stipends or other emoluments or immunities ? How are they chosen ? Are they marked by any particular dress ? Was the number ever greater? If so, can you state why it has been reduced? What do you consider to be the advantage or disadvantage of such a body of scholars? 33. How many Tutors are there in your Society ? Flow many Lecturers, Catechists, or other Instructors, who are not Tutors? Does the Head of your Society take any direct part in the instruction ? 34. Are there any Tutors in your Society who are not or have not been on the Foundation ? Do they all reside within the walls ? 35. Is each Tutor expected to lecture on all subjects; or is there a division of subjects ? 36. During how many weeks in the year are Lectures given in your Society? Will you state the average number of Lectures given weekly, and the subjects? How many Under- graduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? 37. Are any members of the College required to attend any Professor’s Lectures, and are any means adopted by the College to secure profitable attendance, by examination or other- wise ? 38. Can you state how many members of your Foundation and how many independent members of the Society are engaged as Private Tutors? 39. Can you state how many undergraduate members of your Society are now reading with Private Tutors ? 40. What attendance at Chapel is required by your statutes? What attendance is actually enforced ? and by what means ? Is attendance at Chapel ever enforced as a punishment ? 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in other ways ? 42. What is the average amount of the “ Battels ” of each independent member of your Society? What was the highest and what was the lowest amount in the year 1849 ? 43. Will you have the goodness to supply the Commissioners with a weekly Battel Bill of the average amount, and with a quarterly Battel Bill for each of the four quarters of 1849, also of the average amount ? 44. What is the low'est yearly sum for which you have known an Undergraduate to live in your Society? What is the lowest amount which you have known an Undergraduate to expend from his matriculation to his graduation? 45. Do you conceive that the College expenses could be materially diminished? If so, will you state in what respects? 46. Is the College library open to all members of the College, and what fees are paid to the library by each member? 47. What number of Undergraduates is your College capable of accommodating? These Letters were sent also to the Principal and the Vice-Principal of each Hall in Oxford, with the following Letter : — Oxford University Commission, Downing-street, Sir, 1851. Her Majesty’s Commissioners for the University of Oxford will feel obliged to you for any information on the subjects of such of the accompanying heads of inquiry as relate to Halls, or any other information relating to your Hall which you may feel disposed to furnish. I have the honour to be. Sir, Your obedient humble Servant, A. P. STANLEY, Secretary. EVIDENCE. 305 UNIVERSITY COLLEGE. University College. To Letter I. of Her Majesty’s Commissioners the foh )wing Answer was received : University College, Oxfo7'd, My Lord and Gentlemen, October 28, 18j0. I BEG leave to acknowledge the receipt of your communication, addressed ^ the Master of University College, Oxford, enclosing a copy of the Commission, which Her Majesty has been pleased to issue to inquire into Ue State, Discipline, Studies, and Kevenues of the University and Colleges ol Oxford. I have the honour to be. My Lord and Gentlemen, • Your obedient Servant, F. C. PLUMPTRE, The Lord Bishop of Norwich and the Master of University College. Members of the Oxford University Commission. Rev. F.C. Plwnptre. D.D., Masted' of University College. To Letter II. of Her Majesty’s Commissioners the following Answer was received Reverend Sir, University College, Oxford, December 5, 1850. I HAVE the honour to acknowledge the receipt, on the 29th of November last, of a printed letter, addressed to the Master and Fellows of this College by the Rev. A. P. Stanley, Secretary to Her Majesty’s Commissioners for the University of Oxford, requesting such information as they may be disposed to furnish on the subject of the Sources and application ot the corporate revenues of the Society and its head; and further requesting to be furnished with a copy of the statutes of the College, and with any decrees made by the Visitor. I have, accordingly, submitted this letter to the consideration of the bellows of tne Colfege at a meeting held this day. , t- n p tt ■ •* I am desired respectfully to state, on behalf of the Master and Fellows of University College, that, as they do not feel themselves at liberty, so far as they are at present advised, to publish information respecting their corporate revenues or the internal affairs of tlie bociety, or to furnish the Commissioners with a copy of their statutes and the decrees of their Visitor, they are unable to comply with the request of Her Majesty’s Commissioners. I have the honour to be. Reverend Sir, Your obedient Servant, Rev. A. P. Stanley, Secretary to the F. C. PLUMPTRE, Mastei . Oxford University Commissioners. To Letter III. of Her Majesty’s Commissioners the following Answer was received : From the Rev. A. P. Stanley, M.A., Fellow, Dean, and Senior Tutor of University College, Oxford. 1. Is your Society governed by statutes ? If not, are there any orders or rules by which it is governed ? 1 0S 2. If the Society is governed by statutes, were those [statutes given by the Founder? Are the original statutes in force, wholly or in part? If they are not in force, by what authority, and when have they been altered ? , „ n , 2. There are three personages to whom the name of the Founder of University College can Founder. be applied. , . <• iz- (1 ) King Alfred, according to the traditions of the College as early as the time ot King Richard Il.rand by a decision in the Court of Queen’s Bench in the beginning of the reign ot King Georcre II., on which are founded the present powers of the Crown over the College, as a Royal Foundation. It is needless to add that the College has no statutes or recorded will of its Founder. , , , (2.) William, Archdeacon of Durham, in 1249, who (out of respect to the aboyenamed tradition) is called “ the Restorer” of the College. But he only contributed a small part ot the present Foundation. He left no statutes for the Government of the College. What remains to the College of his will, has, as will shortly appear, m essential particulars, been superse^d. Universit Oxford, which in 1280 undertook to fulfil the bequest left by William of Durham, by founding a Hall for his Scholars. Hence arose the visitatorial power ot the University over the College, down to the time of King George II., when it was adjudged to the Crown. The University, therefore, in its corporate capacity, must be regarded as the real Founder of the College, through the funds left by William of Durham. And to the Uni- versity accordingly the College owes its original statutes. These were drawn up in 1280 or 1281. Copies of them are in possession of the Master of the College, and they are trans- lated in the “Annals of University College, by William Smith, 1728.’ These original statutes were superseded by two later Codes issued by the University in 1292 and 1311, and ultimately 4 S 2 Rev. A. P. Stanlei/, M.A. Statute.s. 306 OXFORD UNIVERSITY COMMISSION. Universitv College, by the present statutes (of which mention will be immediately made), and are observed in no Eev. A. P. Stanley Tiiose of 1292 and 1311 are observed partially, some parts having being incor- m'a. ’ porated in the present Statutes. Of the 21 Articles of the Statutes of 1292, about mostly of a very general character, are still partially observed. Of the 17 Articles of the Statutes of 1311, only one is now observed. The actual statutes were drawn up in 1736 by the Master (Dr. Cockman) and Fellows, with the sanction of the Crown, which, by its power, superseded the previous Statutes. It should be added that appended to and incorporated with these Statutes are the wills of Walter Skirlaw, Bishop of Durham, who left three Fellowships in 1403, and of Henry Percy, Earl of Northumberland, who left three Fellowships in 1442. ’ 3. Is there any provision in your present statutes for their alteration or amendment ; or was there, in your original statutes, any such provision ? Alteration of 3. The statutes of 1292 are closed by this clause, " These statutes shall suffice for the* Statutes. present, to which others shall be added when it shall be thought fitting.” Walter Skirlaw, in 1403, commands that his statutes shall be “inviolably observed by the Fellows, saving always to ourselves while we live to change, modify, correct, and add, so far as shall seem fitting for the Divine worship, and profit and quiet of the said College and Fellows thereof.” Non-observance of Statutes. Residence of Fellows. Man iago of Master or Fellows. Variety of Foundations, Bye-Fellows. In the present statutes the concluding clause gives power to add statutes. 4. Will you state in what respects, if any, your statutes have ceased to be observed, whether owing to lapse of time or other causes ? 4. The statutes enjoin that the Master shall (amongst other j)oints of order) see that Latin is spoken and the Bible read during the time of dinner; also, that once a month four Masters of Arts of the College shall dispute on some question of Theology jmblicly in the College Chapel, and Bachelors, in like manner, on some question of philosophy. The Catechist is also to preach once a month on some point of Theology, and also a sermon, according to an ancient custom {ut consuetum est), on Easter Sunday. A Moderator of the Bachelors (an office which is still retained in name) is to preside over the disputations of Bachelors. The Fellows (with the exception of two) are all enjoined to study Theology and take orders ; if not, it shall be competent for the majority of the Fellows, and the Master, to pronounce the Fellowship vacant. These, as far as my knowledge goes, are the only points of the statutes which are habitually disregarded. (See however Answer 40). In the case of the last named statute, which regards the necessity of taking Holy Orders, the clause, which enables the majority of the Fellows to pronounce the Fellowship vacant, is in practice made the ground of a beneficial dispensation from that necessity, granted habitually by the Fellows, except in those cases where (see Atiswer 21) the statutes of the particular Foundations require those particular Fellows to be in Orders. 5. In what cases is the non-residence of your Head or your Fellows permitted by the statutes, and how many of your Fellows are non-residents? Would the University or the College be benefited, in your opinion, by the general enforcement of residence ? 5. Of our 12 Fellows, one is and has for many years been abroad from ill health; one is gone for three years to India as a missionary ; four reside in England, and are present from time to time, but ai-e habitually non-resident. 4'he rest are resident. 6. Is the marriage of the Head of your College permitted by the statutes ? If not, by what authority is such permission granted ? Is that permission applicable to any other Members of the Foundation, besides the Head ? 6. The Fellows are forbidden by the statutes to marry; the Master is not forbidden. 7. Does the College consist of several Foundations? if so, do the Fellows on the several Foundations enjoy the same rights and advantages ? 7. The College consists of four Foundations: — 1. Two Fellows of William of Durham. 2. Three Fellows of Henry IV., or Walter Skirlaw. 3. Three Fellows of Henry Percy- 4. Eight Scholars and four Fellows of Sir S. Bennett. These Fellows ate all equal in income, rights, and advantages. 8. Are there in your College any unincorporated or Bye Fellows? If so, by what statutes are they governed ? Do you consider such Fellowships beneficial to the Society ? Or do you think their present position might be altered with advantage ? 8. In 1.695 there was a Yorkshire Scholarship (one of three) left by John Frevston, with the title of “ Socius.” He is not recognized as such in the present statutes, and is therefore only called the senior “ Scholar.” If he were to be invested with the original title he would be a Bye-Fellow. In 1714 Dr. Radchffe attached to this College two Fellowships (see O.xford Calendar, p. 236), “ for persons who are Masters of Arts, and entered on the Physic line.” They are tenable for ten years, during half of which lime the Fellows are required to travel abroad. The appointment to this Foundation is vested in the electors for Radcliffe’s Librarian. Re.st fictions on Fellowships. In 1837 (see ibid. 236) a Civil Law Fellowship was founded in this College by Mary Anne Viscountess Sidmouth, in honour of her father, the late Lord Stowell, sometime Fellow of this Society. This Fellowship is open to all Members of the University of Oxford who have passed the examination for the Degree of Bachelor of Arts, and is tenable for seven years. The Fellows are governed by the statutes of the College. 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders ? ’ 9. The Fellowships of William of Durham were (apparently, for his will is only known to us through the allusions in the 1st and 2nd Code of Statutes) confined by the will of their Founder to natives of the parts nearest to Durham. By the 1st Statutes of the College they EVIDENCE. 307 were thrown open without any local restriction whatever. “ The Chancellor witli some Masters University College. in Divinity by their advice shall call other Masters of other Faculties, and these Masters with the Chancellor, led by the faith they owe to the University, shall choose out of all who shall offer themselves to live of the said rents [purchased with William of Durham’s bequest], four Masters, whom in their consciences, they shall think most fit to advance or profit in the Holy Church, who otherwise had not to live handsomely without it in the state of Masters of Arts ; the interpretation of which is left to the judgment of the electors : the same manner of election shall be, for the future, except only that those four that shall be maintained out of that charity shall be called to the election, of which four one at least shall be a Priest.” (Smith’s Annals, p. 18.) The 2nd Statutes (as if returning to the Founder’s will) enjoin, that in case of the whole number of Fellows dying out they shall be supplied by Masters, or, if need be. Bachelors and Sophisters,yro?« the parts nearest to Durham. “ Since in the said College there are suffi- cient Scholars answerable to the incomes they have, we put no more nor other statutes con- cerning the choosing of Fellows, and diverse other matters, concerning which, when it is fitting, we or our successors will appoint ; except this only : that if it should happen that all the Fellows of the said house should suddenly die, go away, be promoted, or removed from the said house without previous election, we ordain, according to the Will of the Founder, that in such a case the Masters not promoted, nearest to Durham, shall come to the Chancellor, or Proctors, or senior Theologice, or senior Artist, who thereupon shall admit one of the best of them to the aforesaid College. And if there be no Masters of the said country unpromoted, let Bachelors, or, if it be necessary, Sophisters, nearest Durham, and as is said concerning the Masters, let some of them be admitted according to the present statutes.” (Smith’s Annals, p. 42.) The 3rd Code enjoins, that “ all and every of the Fellows that are to be supported, or ministered to, out of his charity, and who at the time of the election shall be present, shall chuse without exceptation of the country or the person, such an one as they believe to be adorned with good morals, poor or indigent in his estate, and most apt to make proficiency in the profession of Divinity; but [the Chancellor, Doctors, and Masters of the University] appointed, that he who tvas equal in other respects, and born nearest to the parts of Durham, should be preferi'ed before any other whatsoever.” (Smith’s Annals, p. 48.) And this has been incorporated into the present statutes. Besides these, three Fellowships were founded in 1403, by King Henry TV., at the request of Walter Skirlaw, with a preference to persons born in the diocese of York or Durham, who are required to take Holy Orders before they can be admitted actual Fellows. Three were founded in 1442 by Henry Percy, for persons born in the diocese of Durham, Carlisle, or York, with a preference, pan’Z/MS, to natives of the county of Northumberland. And four were founded in 1G31 by Sir Simon Bennett, to which, by the present statutes, those only are eligible who are, or have been. Scholars on his Foundation. Of the Scholarships, six are open to natives only of the county of York, viz., one founded in Restrictions on 1590 by the Bev. Otho Hunt; three in 1595 by John Freestone, Esq.; and two in 1764 Scholarships, by Dr. John Browne, sometime Master of the College. Four, founded in 1631 by Sir Simon Bennett, are open to all persons born in the province of Canterbury. Seven are open without any restriction as to place of birth, viz., one founded in 1580 bv Open Scholarships. Mr. H earne, or Heron ; two in 1586 by Rev. Thomas Browne, since augmented by Dr. John Browne; three established by the College in 1837 and 1841; and one founded in 1849 by George Shepherd, D.D., sometime Fellow of the College. Of the Exhibitions, four were founded in 1618 by the Rev. Robert Gunsley, i'or natives of Exhibitions, the county of Kent ; two of whom are to be elected by the Master and Fellows from the Grammar School of Rochester, and two from that of Maidstone. Two were founded in 1587 by Robert Dudley, Earl of Leicester, the nomination to which is vested in his heirs. Two founded by Lady Holford, are in augmentation of Exhibitions from the Charter-house. Some others of small value, founded by Mr. Lodge, are usually given to the Bible-clerk. Two Exhibitions for the study of Mathematics, established in 1840, are open to all Members of the College, who have not exceeded 12 terms from their Matriculation. 10. Will you quote the clauses of your statutes on which any such restriction rests, together with any special reasons which the Founder or framer of your statutes may have had for this restriction? 11. Is the restriction absolute ? If not, has the College availed itself of any facilities which the statutes allow for opening the Foundation ? 10 and 11. From Answer 9 it appears that the close Foundations amongst the Fellowships are the Percy and the Bennett. The clause with regard to William of Durham’s Fellowships cmteris paribus, ex parti- Mode of bus Dunelmice proximis oriundi. It is remarkable that the shape in which it now appears Restriction, seems to have been a compromise between the words of his will which confined it entirely, and the wish of the University to open it entirely. See Answer 9. Also it is remarkable that for many years the foundation was, in contradiction to the Statute.s, confined to natives of Durham, as appears from the statement of the Oxford Calendar to that effect down to 1838. This practice was abolished under the present Master, and since that time the Foundation has been virtually open. The w ords of the Skirlaw restriction are potius eligantur. which leave a wide margin. Here again the practice of interpreting a conditional into an absolute preference had crept into the College. Even as far back as the statutes of 1736, the Skirlaw Fellows are appointed to be selected from natives of V orkshire. They contained, however, an express reference to Skirlaw’s will, which being incor[)orated into the statutes, and enjoined by them to be read at the election as the rule of proceeding, enabled the College in 18iS8 to return to the Founder’s intention, and to restore the proper description of the Fellow'ships, as open Fellowships, to the Oxford Calendar. This interpretation was sanc- tioned by the Visitor in 1851. 308 OXFORD UNIVERSITY COMMISSION. University College. THb restriction of the last foundation to be noticed, that of Sir S. Bennett, seems to hays — “ been a coiiseijiience of the restriction of the others. He left no regulations for his bequest j Rev. A. P.Stmleii , apparently it was thought that, were the Fellowships left open, they would be absorbed into the northern counties, as had been the case previously with the two open foundations of William of Durham and Walter Skirlaw. Accordingly it was confined by the College to natives of the province of Canterbury, a term of which the signification and intention is pointedly expressed by tlie addition sive ex australibus partihus regni. The object clearly was not to favour the province of Canterbury, but to prevent an exclusive appropriation of the College by the province of York. 12. If the statutes give a “ preference ” to certain candidates, how do you interpret such preference? Preferences. 12. The “ preference,” in the only cases where it is mentioned in the statutes, may best be judged by examples. In the Percy Fellowships the three actual Percy Fellows are natives of Northumber- land, (Northumberland having a coeteris parihwi preference over York and Carlisle.) In the William of Durham Fellowships the two actual Fellows are natives of Bedford- Examinations. Connexion of Scholarships and Fellowships. shire and Lincoln. In the Skirlaw Fellowships two of the actual Fellows are natives of Yorkshire, and one is a native of Cheshire. 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly accord- ing to merit? Is such merit tested by examinations ? 14. Yps. By merit*’ is understood, in the case ol Fellowships, such intellectual and moral qualifications as will make it likely lor a man to promote the cause of education in the College. Whenever there is a competition it is tested by examination, and superiority in the examination always carries the day, unless there be any decided moral objection or any pecu- liar want (as of a Mathematical Tutor or the like) in the tuition of the College, which neces- sitates peculiar qualities. The claims ot greater poverty weigh more or less, accoidiiig to the view which individuals may take of the change of circumstances in the Fellowships, since the time when they were meant to be eleemosynary. Tlie Scholarships are given away purely by examination (on the production of certificates of good conduct from school or College) except in the case of the Bennett Scholai ships, where from their connexion with the Fellow'ships, the same general considerations (to a certain extent) operate as have been mentioned in regard to the Fellowships. 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like ? What is the practice in this respect ? 15. There is no statutable connexion except on the Bennett Foundation (see answer 9). In that Foundation only is there any connexion in practice j and that connexion is strictly statutable, unless it be that there is a tendency to elect the senior Scholar. This is, however, by no means inevitable, and operates chiefly in cases where, trom a general equality, senioiity comes in to turn the scale. • u i? i 17. Are the Fellows of your College obliged to proceed to the higher Degrees? If so, in what hacul- Higher Degrees. Increase of Fellow- ships. Commoners. Properly dis- qualification. Clerical restrictions. ties ? 17. Not by the present statutes. The William of Durham Fellows were obliged, by the 3rd Code of 1311, to proceed to higher Degrees in Divinity (see Smith s Annals, p. 49). 18. Do 3 ’our statutes enjoin that your Fellowships, Studentships, Scholarships, or the like, be increased or diminished in number as the revenues of your College vary ? Has such provision of the statutes been acted upon? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society ? r- u o IS. Not now. It w'as enjoined (but evidently without effect) in Art. XIV. of the Statutes of 1311 (see Smith’s Annals, p. 14 )- It may here be noticed that William of Durham con- templated twelve or more Masters to be maintained out of his property (see the Statutes of 1280, in Smith’s Annals, p. 17). There never have been more than four, and those four have long been reduced to two by the absorption of two Fellowships into the revenues of the Senior Socius, or Master. , r- i o 19. Do your statutes contemplate the residence in College of any Undergraduates not on the foundation. Do they forbid it ? Will you quote the clauses in your statutes on which such permission or pro- hibition rests ? 1 OOA 1 IQ 11 19. The present Statutes imply Commoners throughout. The Statutes ot 1280 and loll make no mention of them. The Statutes of 1292 allude to them as follows. “ Since the aforesaid Scholars have not sufficiently to live handsomely alone by themselves, but that k is expedient that other honest persons dwell with them ; it is ordained, that every Fellow’ shall secretly inquire concerning the manners ot every one that desires to sojourn with them, and then if they please, bv common consent, let him be received under this condition that befoie them he shall promise, whilst he lives with them, that he will honestly obseive the customs of the Fellows of the House, pay his dues, not hurt any of the things belonging to the House, either by himself, or those that belong to him. And this shall be performed every year before Whitsuntide, if it can be done conveniently, lest the house should be any way worsted, or lessened by them.” (Smith’s Annals, p. 41.) . . a 20 What amount of property vacates a Fellowship, Scholarship, or the like, according to your statutes . Is the rule enforced equally with regard to real and personal property ? Do you conceive that the enforcement of such a rule at the present time would be beneficial to the Society ? 20. 80/. a year. It is only enforced in the case of real property. 21. Is the Head of your Society statutably required to enter into Holy Orders? How many of your Fellows, Students, or the like, are subject to the same rule ? If the statute be not observed, on vvhat authority does the non-observance or dispensation rest? Is the obligation to enter into Holy Orders expressly laid down by statute, or is it deduced from an injunction to study theology, from an injunc- tion to discharge clerical duties now disused, or from any other like provision? 21. The Master must be in priest’s orders, both b\’ the present Statutes and according to Art. X. of the Statutes of 1311. The Percy Fellows'are required by the Founder’s will to be in orders, but have never been required to be so under the present Statutes. The Skulaw EVIDENCE. 309 Fellows must be in Deacon’s orders before they become actual Fellows. (“ In sacerdofio constitutus” was so interpreted by the Visitor in an Appeal case, 1847.) The Bennett Fellows must have two clergymen amongst them. The William of Durham Fellows are enjoined to study sacred theology, i his was the purpose of the original foundation of William, and from this it has been sometimes concluded that they ought to enter holy orders. Such, how'ever, has not been tjie practice, nor is it the necessary view'. The specilication as to the Senior Fellow in Art. X. ot the Statutes of 1311 rather indicates the contrary, and so also does Art. IX., which specifies that they shall cause masses to be said for the Founder. The Skirlaw Fellows were, doubtless, required to be in priest’s orders formerly for the sake of saying mass, for which pur]iose they were established. 22. Are your Fellowships confined to persons of a certain University standing? Is the admission of Under- graduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, pro- ductive of inconvenience ? _ t-. , i iiir i 22. Masters of Arts are preferred for the foundations of William of Durham and Walter Skirlaw. Undergraduates are not exchided from the Bennett Fellowships. 23. Are clergymen excluded from presenting themselves as candidates tor your Fellowships ? Are laymen? . „ , 23. Not clergymen from any. Laymen only from actual Fellowships, m the case ot the Skirlaw foundation, and there cannot be more than two laymen on the Bennett foundation at once. But as to the mode in which dispensation is granted to the others, see Answ'er 4. 24. Are Fellows or other members on your Foundation allowed by statute or other authority to hold eccle- siastical preferment? and, if so, to what amount ? 24. By Skirlaw’s will the Skirlaw Fellows were forbidden to hold livings. By the present Statutes of 1736 they are allowed, on the ground that the ancient reason for the prohi- bition (saying masses) appears to the Crown to be null. 25. What statutable restrictions limit the selection of your Head? 2.5. He must have been a member, and if possible, a Fellow of the College, but, if two-thirds of the Fellows agree, he may be elected from any place. , . a 26. How many benefices in the gift of your Society have been added since the original foundation ? W ill you state at what time and in what manner each was acquired ? Have you at present a fund for the purchase of advowsons ? 26. Twelve benefices. , , tt ■ • i 27. Are there any Praelectorships founded in your College for the benefit of the whole University? Are Fellowships connected with such Prmlectorships ? It so, do the statutes allow any special liberty of choice in the Fellowships so connected ? 28. Has the College the nomination to the Masterships of any Schools ? What control does the College exercise over such Schools ? 28. Not exclusively. x- , -, 7 - • r 29. Will you quote the clauses of your statutes which set forth the powers and duties of the Visitor ot your College ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the statutes, or to make new statutes or ordinances? ^ c-. o i 29. The Visitor of the College is the Lord High Chancellor or K.eeper of the Great Seal. He has power to explain and interpret, but not to alter ; nor has he exercised this power to make new statutes or to relieve the College from the observance of the statutes. But the King in Council as Founder of the College (see Answer 2), gave the College its present statutes in 1736. . . 30. Are Gentleman-commoners in your Society called upon to pass the same examination at entiance as other persons ? Do they follow the same course ot studies, and are they subjected to the same diseipline, as other persons in statu pvpillarif To what charges are they liable, beyond those home by other independent members ? _ . ii 30. For some ten years there have been no Gentleman-Commoners in University College, nor are there likely to be again. (The only exception has been that for two months Dr. Trithen, the Taylor Professor, was in the College as a Gentleman-Commoner previous to receiving his honorary Degree of M. A.) • -c , • . n 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society ? What are the sources and what is the amount of the assistance so received ? tt- i i i 31. Four exhibitions of 157 per annum and rooms are given to natives of Kent, elected by the Master and Fellows from the Grammar Schools of Rochester and Maidstone. Two exhibitions of 207 per annum are given to Undergraduate members of the College by the heirs of Robert Dudley, Earl of Leicester. , n i -u- • Two exhibitions of 8/. per annum, from a bequest of Lady Holford, are given to Exhibitioners from Charterhouse, if they come to University College. I do not know of any others at this moment except one of 60/. per annum for seven years, from the Trustees of Rugby School, and one from the Goldsmiths’ Company. 32. How many persons are supported, wholly or in part, in your Society as Batellers, Servitors, Bible-clerks, or the like ? What are their duties, and what are their stipends or other emoluments or immunities . How are they chosen ? Are they marked by any particular dress ? Was the number ever greater . If so, can you state why it has been reduced ? What do you consider to be the advantage or^dis- advantage of such a body of scholars ? 32. There is one Bible-clerk, whose stipend is as follows : — UxivERSiTV College. Rev. A. P. Stanley, M.A. Academical restrictions Exclusions. Ecclesiastical preferments. Election of the Head. Benefices. Praelectorships. Schools. Visitor. Gentleman- Commoners. Exhibitions. Bible-clerk. Farina {i. e. bread, &c.) ..... Chapel bill (i. e. fees from other members of the Col- lege for keeping a record of attendance and non- attendance, for repeating the responses and for reading the lessons, (if there is no Scholar present) . Carried forward . £. 2 s. 15 d. ’^2 70 4 6 £72 19 9i 310 OXFORD UNIVERSITY COMMISSION . University College. Rev. A. P. Stanley, M.A. £. s. d. Brought forward . . „ . 72 19 9^ Statutable stipend, as “ Bibliothista” . . . 1 10 0 Admission fees . . . . . . .220 An exhibition (left by Dr. Lodge for Servitors in the College, a class which does not exist) . . . 10 0 0 Total . . . £86 11 91 Tutors. Lectures. Ho is, besides, exempted from the College fees for the Degree of B. A., but not for that of M.A. H is duties (besides thos ' stated above) consist in copying out College testimonials, testimonials for holy orders, and the like. He is chosen by the Master, usually on recommendations and certificates of good character and poverty, but, in the present year, after an examination. He is usually the son of a clergy- man. He wears a scholar’s gown. As there is but one “ Bibliothista” mentioned in the Statutes, 1 do not suppose theie were ever more. Dr. Lodge’s bequest seems to imply that there had been Servitors. 33. How many Tutors are there in your Society? How many Lecturers, Catechists, or other Instructors, who are not Tutors? Does the Head of your Society take any direct part in the instruction ? 33. There are — Three Tutors. One Mathematical Lecturer. At the present time an Assistant-Lecturer has, since the beginning of Michaelmas Term, 1849, taken a great part of the Lectures of the Senior Tutor. The Mathematical Lecturer and the Assistant-Lecturer are not formally known by the name of Tutors. The College Statutes do not contemplate Tutors, but a Catechist and Prselectors of Greek, Latin, and Logic. These offices are always distributed (with their emoluments, which are small) by the College once a-year amongst the dift'erent Tutors and Lecturers, and are thus distinguished from the Tutorships, to which the appointment is in the hands of the Master alone, or (according to the Statutes of the University) more strictly of the Master and Vice- Chancellor conjointly. The Master from time to time inspects Essays sent in by the Under- graduate members, and takes part in the 'Ferminal Examinations. 34. Are there any Tutors in your Society who are not or have not been on the Foundation^!* Do they all reside within the walls ? 34. None. All reside in College, exce23t the Mathematical Lecturer, who is Savilian Pro- fessor of Astronomy. 35. Is each Tutor expected to lecture on all subjects ; or is there a division of subjects ? 35. The Tutors arrange amongst themselves to take the subjects for which they feel them- selves best fitted ; one takes History, another Ethics and the like, another Scholarship, &c. 36. During how many weeks in the year are Lectures given in your Society ? Will you state the average number of Lectures given weekly, and the subjects ? How many Undergraduates attend Mathe- matical Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? 36. Lectures are given for 8 weeks in each term, i. e., for 24 weeks in the year. The average number is 50 in the week. A system of subjects has been established, as follows ; — These years do not necessarily follow in the order here given. For Candidates for Honours. Thucydides (the whole, or nearly so) for the first two years. Herodotus (in one year). Livy I. — X. (in another year). Tacitus’s Histories (in a third year). Aristotle’s Ethics (in the second year). Aristotle’s Rhetoric, 1 or, > In the third year. Aristotle’s Politics, J Homer’s Odyssey. Some plays of .dischylus. Some plays of Aristophanes. Butler’s Analogy. Aristotle’s Organon. Some of Juvenal’s Satires. General Lectures in Greek and Roman history within the periods comprised in the order above specified. For Candidates for an ordinary Degree. Four Plays of Sophocles. Livy XXL, XXII. Herodotus \T. — VIII. Thucydides, in j^art, or in whole. Virgil or Horace. Cicero’s Tusculan Disputations, or, Plato’s Phaedo. Sallust. The above distinciion between the Candidates for an ordinary Degree and for Honours is given here for the sake of convenience, but many who only take an ordinary Degree attend some or all of the Lectures spoken of as intended for Classmen. EVIDENCE. 311 For all. UniversityCoixege Rev. A. P. Stanley, M.A. A course of Lectures in the Old Testament (extending over two years). Two of the Gospels. The Acts of the Apostles. The XXXIX. Articles (in the third year). Also, occasionally, Lectures m the third year on the Epistles of St. Paul. Under the old Examination Statute all were obliged to attend (previously to Responsions) either Euclid or Logic. v • r Until the adoption of the recent Examination Statute, and the consequent direct connexion ot the Lectures of the Professor of Modern History with the studies of the place, it was the practice of the present Senior Tutor to deliver one Lecture a-week on Modern History to those who chose to attend. . With the Mathematical Lecturer, who delivers 1 1 Lectures a-week, there is — A Class of 3, three times a-week, in Mechanics. A Class of 2, three times a-week, in the Integral Calculus. A Class of 1, three times a-week, in Optics. A Class of 1, twice a-week, in Conic Sections. The above statement of Mathematical Lectures is a fair average as to numbers, rather above the average as to subjects. 37 Are any members of the College required to attend any Professors Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise gy th^v s-iG rcconimcnclGcl often to attend Lectures connected, with their studies, but Professors 1 Lectures, not compelled. _ , , . , . . u r .i, 38. Can you state how many members of your Foundation and how many independent members oi ,the Society are engaged as private Tutors ? , i tt 38. Three members of the Foundation (Fellows), for Scholarships and Honours. One Private Tutors. independent member for Responsions and ordinary Degrees. . 39. Can you state how many Undergraduate members of your Society are now reading with private Tutors? , . , -n • !• 39. About eight for Honours or Scholarships ; about eight for Responsions or ordinary De O' fees. 40. What attendance at Chapel is required by your statutes? What attendance is actually enforced ? and by what means ? Is attendance at Chapel ever enforced as a punishment? 40. Attendance at chapel twice a day is required from all. Fellows or others, who are Attendance at “ commorantes” in the College (except some reasonable cause interfere), with such mulcts or Chapel, penalties as the Master or Vice-Master may think fit to impose for non-attendance, or for comino in after the end of the Absolution, or for going out before the end of the Service. At present no attendance is required from the Fellows, nor is any penalty attached to their non-attendance. The attendance required from Undergraduates is twice on Sunday, and about five times (morning or evening) on week days. It an Undergraduate is irregular in his attendance, he is admonished by the Dean ; and it his irregularity is very great he is confined to the College walls, or (in extreme cases) loses his Term. The attendance on Sunday is under the supervision of the Master. Attendance at chapel is not now enforced as a punishment in any case. 41. What is the ''nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in oflier ways? _ o/* -d r • • i 41. The religious instruction given in Lectures has been specified under Question 3b. Religious instruc- There is besides a short sermon of a practical nature delivered by the Dean in Chapel twice in the Michaelmas Term, and on the Sunday preceding the Administration of the Holy Com- munion in the two other Terms. These are the only regular sources of religious instruction. What else may be criven in the way of admonition or advice must depend on the individual J^IsistGr or T^utor. 42. What is the average amount of the “ Battels ” of each independent member of your Society ? What was the highest and what was the lowest amount in the year 1849? 42. On a computation of the battels of each independent member of the College for 1849, Expenses, it appears that the average amount is 103Z. 9sf., i.e . — For general battels For room-rent For tuition The highest amount in 1849 was 128Z. 10s For general battels For room-rent For tuition The lowest was 85Z. 6s. lid., i. e . — For general battels For room-rent For tuition The tuition-fees extend over three years.* £. 71 10 21 e.- 97 10 21 s. 10 10 0 0 10 0 d. 9 0 0 0 0 0 , . 53 16 11 , . 10 10 0 , . 21 0 0 (See next page.) 44. What is the lowest yearly sum for which you have known an Undergraduate to live in your Society ? What is the lowest amount which you have known an Undergraduate to expend from his matricula- tion to his graduation ? . 44. On applying to the Undergraduate whose College battels were lowest in 1849, and who has since graduated, it appears that his usual expenses in Oxford per annum were 170Z., and 312 OXFORD UNIVERSITY COMMISSION. Untvebsity College that his total expenses from the time of his coming into residence to his degree, which he took in his 4th year, were 544/. To this, if we add his caution money and matriculation fees. Rev. A. ^.Stanley, round numbers 600/. This calculation excludes private tuition and travelling. The following was the expenses of another Undergraduate for three years — 1848, 1849,, 1850 £. d. 430 8 4 at Oxford. 98 5 6 journeys and vacations. Total 535 8 10 Deduct 20 0 0 for furniture on leaving rooms. 515 8 10 46. Is the College library open to all members of the College, and what fees are paid to the library by each member? 46. The College library is open to all members; 10s. is the fee paid by each member on entrance. The effect is certainly very good. 47. What number of Undergraduates is your College capable of accommodating ? 47. Fifty-one Undergraduates. Library. Numbers. * Michaelmas Quarter, 9 Weeks, 1849. From to Mr. Weekly Battels. £. s. d. Dinners in Hall 4 n 6 0 10 6 Battels in Kitchen 4 19 11 0 17 10 Battels in Buttery 3 6 10 0 8 6 Buttery Dues, Writing Accounts, Cleaning Knives, &c. 0 14 6 0 1 6 Aroma (Mustard, Pepper, Salt, &c.) . . 0 5 3 0 0 7 Chapel Bill (for Bible Clerk’s Fees) . • . 0 9 6 0 0 6 0 5 3 0 0 6 Letter Bill (id. a letter for Porter) • • • . 0 0 9 0 0 04 • > Universitv Dues 0 8 9 . . Coals, Fagots, Sweeping Chimneys . • . . 2 9 2 0 4 6 Candles (for Staircase) 0 8 0 0 0 8 Laundress (fixed sum) 1 10 0 College Dues. Current Expenses, &c. . . . 2 10 2 College Dues 0 0 Kitchen 5 0 Servants 0 0 Kitchen Women . 0 5 2 Glazier’s Bill . • 0 3 6 Whitesmith’s Bill 0 9 0 22 18 1 Room Rent 2 12 6 Tuition 5 5 0 30 15 n P.S. Since these answers were written, the College has appointed a Committee to submit to the Crown a revision of the whole body of the present statutes. A. P. STANLEY. Fellow and Senior Tutor of University College. EVIDENCE. 313 BALLIOL COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received : — My Lord and Gentlemen, Balliol College, Oxford, October 29, 1850. I HAVE the honour to acknowledge the receipt of a copy of the Commission of Inquiry into the State, Discipline, Studies, and Revenues of the University and Colleges of Oxford ; and in the capacity of Master of Balliol College I beg respectfully to say that the visitatorial authority, to which I hold myself responsible on the specified points of inquiry, is the Lord Bishop of Lincoln. I am, my Lord and Gentlemen, Your most obedient and faithful servant. To the Lord Bishop of Norwich, R- JENKYNS. and other Her Majesty' s Commissioners, 8fc. To Letter II. of Her Majesty’s Commissioners the following Answers were received ; — Balliol College, November 30, 1850. I beg leave to acknowledge the receipt of your letter, containing a series of questions from Her Majesty’s Commissioners for the University of Oxford, relative to the pecuniary affairs of this College, and also desiring me to furnish them with a copy of our statutes, and with any decrees made by the Visitor. These points of inquiry have always been considered matters which we are bound by the solemn obligation of an oath, taken upon our admission, not to divulge, and I, therefore, have to say that neither the College nor myself are at liberty either to supply the information re- quired, or to furnish you with a copy of our statutes, or the decrees made by the Visitor. To the Visitor alone do I hold myself responsible for such explanation of our affairs. 1 have the honour to be. Sir, Your most obedient Servant, R. JENKYNS, Master of Balliol. The Rev. A. P. Stanley, Secretary to the Commissioners for the University of Oxford, ^C. ^C, ^'C. gjjj^ Balliol College, December 1. A COMMUNICATION from you was recently laid before the Society of Balliol College, in which, as Secretary to the Commission for the University of Oxford, you requested us to furnish you with information on points connected with our incomes and statutes. It was then agreed by the Society that, while it did not authorize its members, as College ofEcers, to furnish such information, it allowed them as individual Fellows to exhibit to the Commissioners any books which might be in their possession relative to the affairs of the College, or to make extracts from them. I, therefore, have no objection, whenever you may require it, to submit to your inspection either a copy of the statutes which I happen to have in my possession as Dean, or extracts from it on any subject which you may specify. I remain. Sir, Your obedient Servant, W. C. LAKE, Fellow of Balliol College. gj[j^ Balliol, Oxford, December 1, 1850. The Fellows of my College have been, by a vote of the Society, allowed as individuals to exhibit, for the information of the Oxford University Commissioners, any books, or extracts from books, relating to the concerns of the College, although it has been decided not to authorize any College officer to give this assistance on the part of the corporate body. As an individual Fellow, and happening to be a Bursar, I beg to say that I have no objec- tion to give the Commissioners any information in my power, either about the pecuniary or other concerns of Balliol. I remain. Sir, Your faithful Servant, Rev. A. P. Stanley, HENRY WALL. ^c. ^c. Balliol College. Very Rev. R. Jen- hjns, D.D., Master of Balliol. Rev. W. C. Lahe. Rev, Henry Wall. 314 OXFORD UNIVERSITY COMMISSION. Statement of the Income of Balliol, and its Appropriation, for the Year 1850. RECEIVED. From Quit-rents ..... Reserved Rent of Houses on Lease, with Fine . . .£217 0 Do. of three Farms, do. . 163 0 0 One House and sundry Farms, on rack- rent, with Lease . Sundry tenements on rack-rent with- out Lease ..... Sundry Lands, do. do. . . Tithes ...... Rent-charges .... Small Funded Sums on General Ac- count ..... Sums Funded for various specific pur- poses . . . . • Corn-rents ..... Capons ..... Members of the College for Room-rent Do. for Hall and Kitchen Fire, and Sundries ..... Degree Fees ..... Income Tax £ PAID. £. d. £. s. d. 2 6 2 Allocations to Domus ..... £654 11 5 Domus Share of Dividend as a Fellow . . . 185 16 3^ 840 7 8i From Funded Money, as on other side: — 184 7 0 Preacher to College Servants . . . . 15 13 8 College Prize to Undergraduates . . . 7 4 1^ 1,956 14 6 Reward to meritorious College Servants . .694 Headlam Exhibition • . . . . 13 8 0 148 0 0 Allocation to Library . . . . .814 1,346 2 0 . 50 16 5i 1,150 0 0 Other Allocations to the Library ...... 7 0 0 64 14 6 t Stipends of College Officers ...... 66 6 8 Stipend of Mathematical Lecturer ..... 30 0 0 12 0 0 Stipend of Logic Lecturer ....... 30 0 0 Paid for Scholars’ Tuition ....... 77 14 0 51 8 lOi Domus Battels (Dinners to Tenants, &c.) .... 11 7 2 172 14 i Commons of the Master at 14s, of the Fellows at 12s., and of 1 0 0 Scholars at 10s. per week, according to residence . . 330 18 0 596 18 0 Stipends of the Master and Fellows, according to Statutes, at 10s. 4(2. for M..A. and 9s. \d. for B.A. per Year . 13 3 8 319 3 3 Payment to Master and Fellows as Commemoration Money, at 58 10 0 2s. 5(2. each per Year ....... 1 11 5 Portion of Exhibitions appropriated to Master by Wills or 6,063 18 6 Decrees ......... 31 14 10 167 8 7 Other small Payments to the Master ..... 1 13 4 Payment to Ten Exhibitioners of Mr. Snell .... 1,092 3 8 Payment to other Exhibitioners ...... 343 18 10 Stipends of Servants, Oil, Chapel Candles, Gas, and other contin- gent Expenses ........ 295 18 0 Rent Collectors, Abatements from Rent .... 58 1 Presents of Books to Utidergradnates obtaining Honours . . 12 7 9 Balance divided among the Master and twelve Fellows, with two Shares to the Master* ...... 2,601 6 4 5,896 9 11 £ 5,896 9 11 * In addition to the double Fellowship, the Master receives annually 300/. from the Rectory of Huntspill, in Somersetshire. The Bursars of Balliol College, Besides the income stated above, the following sums are invested in Government securities: — 1st. A sum amounting to about 10,000/., the interest of which is appropriated by will of Mrs. Williams to the improvement of our small livings. 2nd. A sum amounting to about 20,000/. on Domus Account, being the aggregate of sums reserved from rents. But of this, about 5,000/. arises from coal-mines in Northumberland; the proceeds from which have not been divided by the Society, but have been reserved with a view to future improvements. The balance, about 15,000/., has been funded and left to accumulate, by its own interest and by further yearly allocations, as specified above, for the benefit of Domus. 3rd. There is an annual income of about 90/. arising from Caution monies, and this is likewise allowed to accumulate. 4th. There is also an annual income of about 50/. a-year, besides the allocations mentioned in the above statement, arising in part from payments of members of the College and appropriated to the Library, and a similar annual income arising wholly from payments of members of the College appro- priated to the Chapel. Henry Wall,! B. JOWETT, 1 Statutes and Founder. Alteration. Non-observance of Statute. To Letter III. of Her Majesty’s Commissioners the following Answers were received: — 1. Is your Society governed by statutes ? If not, are there any orders or rules by which it is governed ? 2. If the Society is governed by statutes, were those statutes given by the Founder? Are the original statutes in force, wholly or in part? If they are not in force, by what authority, and when have they been altered. • • i 1, 2. Governed by statutes, not given by the Founder, no part of the original statutes being in force. The present statutes were framed by the Bishops of Winchester and Carlisle, in pursuance of letters from Pope Julius the Second, a.d. 1507. 3. Is there any provision in your present statutes for their alteration or amendment; or was theie, in your original statutes, any sueh provision ? 3. No express provision occurs in the original statutes for their amendment. In the statutes now in force such a provision is contained in the words, “ Coramittimus (Visitatori) ut quae his statutis non erunt contraria cum consensu magistri et omnium sociorum condat edat addat, si urgeat necessitas aut exegerit utilitas.” — See Statute “ de Visitatoris Auctoritate. 4. Will you state in what respects, if any, your statutes have ceased to be observed, whetherowing to lapse of time or other causes ? _ i tt ■ • 4. In points (1) which are illegal, such as masses; (2) which the custom of the University has rendered obsolete, such as disputations and exercises for Degrees ; (3) in some minor points, such as reading the Bible at meals, the times of attendance at chapel, the hour of closing the College gales, &c. ; (4) in respect of money disqualification for a Fellowship, see Answer 20; (5) in respect of residence, for whicn, however, the statutes allow of dispen- sation. The vv'ords of the Statute “ de Magistri Residentia are, “Quamobrem deceinimus ut Magister dicti Collegii, quicunque fuerit, in eodem resident continue, aut maxima ex paite si commode poterit;” of the Statute “de Sociorum Residentia,” “ Statuiinus ut Socii nostri EVIDENCE. 315 Collerrii in eodem continue resideant praeterquam octo in singulis annis septimanis, amputando septiruanas et dies conjunctas vel interruptas ; quas quidem octo septinianas extra teiminos illis concedimus infra verb terminos nullum absentiaj tempus eis annuimus nisi causa honesta probata aut probanda coram Magistro aut ejus vicario duobusque senioribus, non numerando in prjedictis octo septimanis tempus quod in negotiis lortasse Collegii sunt assumpturi tales enim absentes esse non dicimus. Attamen consumptis his diebus, urgente gravi et lionesta causa coram Magistro et tribus senioribus approbata, amplius spatium secundum causa? quali- tatem ex eorum conscientiis non denegamus.” In respect of the last-mentioned statute, the practice has been to grant a yearly permission to any Fellow who wishes to be absent. 5 In what cases is the non-residence of your Head or your Fellows permited by the statutes, an ow many of your Fellows are non-residents ? _ Would the University or the College be benefited, in your opinion, by the general enforcement of residence? 5. Four Fellows are at present non-resident. , . .u • 6. Is the marriage of the Head of your College permitted by the Statutes. If "“b V what authority is such permission granted? Is that permission apjilicable to any other Member of the loundation, besides the Head ? . . -.i r tt i 6 Our statutes being framed in Roman Catholic times, the marriage neither ol Head o Fellows was contemplated, and no allusion is made to it. Custom appears to have sanctioned the marriage of the Head. „ , , x- n .v, i ir 7. Does the College consist of several Foundations? If so, do the Fellows on the several Foundations enjoy the same rights and advantages? , ^ i-i • .u • 1 7 The College consists of several foundations, the Members of which are in their emoluments and privileges equal, the only difference of any kind being that the two Fellows on the Blundell Foundation are elected from the Scholars of Blundell School, and hold their Fellowship for 10 vears only from their Master’s Degree. *9. How' many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present ope to competition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders ? , i • ii !• 9 Of twelve Fellowships, eight are entirely open : two others, the Chaplain F ellowsnips, are restricted to persons in Priests’ Orders at the time of their election, and two are confined to the Scholars from Blundell School. The Scholarships (with the exception of the two from Blundell’s School) are all open, with no other restriction than that of age, which by the Statutes is limited to 18 years, but by a subsequent Statute of the Visitor, .Master, and Fellows, is extended to 19 years. Balliol College. Rev. H. Wall. Rev. B. Jovoett. Re.sidence of Fellows. Marriage. Variety of Founda- tions. Restrictions on Fellowships. Scholarships. Exhibitions : — Harris : Two exhibitions, 15/. each, tenable for 10 years. Preference for freemen of Exhibitions. Oxford, then for inhabitants, then for the county. Headlam : One exhibition, 13/. 8s., tenable for 7 years. Preference for km, then open. Newte: One exhibition, 36/. 10s., tenable for 7 years. The Exhibitioner is chosen out of Blundell’s School by the three Rectors of Tiverton. Blagdon : One exhibition, value 13s. a-week, according to residence, tenable for 1 4 years. Restricted first to Founder’s kin, next to any person of the name of Blagdon, and next to any person of the county of Devon. Maunder: One exhibition, 1/. 4.s. 6c/. a-week, according to residence. Quahhcations the same as Blagdon’s. Preference for Founder’s kin, or failing that, for any person of the county of Somerset. c c Elsworth : Two exhibitions, 15/. 10s. 8c/. each, tenable for 7 years. Preference for parishes of Timbercombe, Catscombe, Selworthy, Wootten Courtney, Minehead, and Dunster, and, failing these, the county of Somerset. Edncumbe: Two exhibitions, 15/. each, tenable for 10 years. Preference for the Free- school of Hanley Castle, in the county of Worcester; next, for any other persons of the county of Worcester. Failing these, then open. Greaves: Two exhibitions, 43/. 14s. each, tenable for 10 years. Preference for the Free-school of Ludlow, in the county of Salop, then for any other school in the county of Salop. , a i i • u c Warner: One exhibition for natives of Scotland, in the gift of the Archbishop ot Canterbury. 20/., tenable for seven years. Bell: Two exhibitions, value 58/. 3s. 10c/. a-year each, in the gilt of the Master. Snell: Ten exhibitions, 116/. iOs. each, tenable for 10 years. Nominated by the Principal and Professors of the University of Glasgow from Glasgow College. 11. Is the restriction absolute? If not, has the College availed itself of any facilities which the statutes allow for opening the Foundation? , i j 11. The Fellows were formerly by custom elected from the Scholars, and these latter statutably nominated by the Master and Fellows in rotation. The custom of restricting the election of Fellows was abandoned about 35 years ago, and 10 years later the Mastei and F'ellows relinquished their power of nomination, in order to throw open the Scholarships lor competition. , . i c d 12. If the statutes give a “ preference ” to certain candidates, how do you interpret such preterence i; 12. In the election to Fellowships, the statutes give a preference to the Scholars “ Si cum cxtraneis eequari possunt praeferri volumus et mandamus. ’ We know ol no case in whic i a Scholar has been elected who was not thought at least equal to his competitors. 13. Do you consider the present restrictions, if any, on the election ot your Fellows, Students, Scholars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? _ _ nuc-i. 13. We are not inclined to think that restrictions of any kind are really benehcial to any one. Opening of the Fellowships and Scholarships. Preferences. Restrictions. 31G OXFORD UNIVERSITY COMMISSION. Balliol College. Bev. H. Wall. Rev. B. Jowett. EKaminations. Higher Degrees. Increase of Fellow- ships. Commoners. Property disquali- fication. Clerical restrictions. Academical restric- tions. Exclusions. Ecclesiastical preferments. Election of Head. Advowsons. Praelectorships. Schools. Visitor. 14. Are your Fellowships, Studentships, Scholarships, Uemj'ships, or the like, disposed of strictly according- to merit ? Is such merit tested by examinations ? 14 All our Fellowships and Scholarships are tested by examinations ; and, with the exception of Blundell’s, are decided by competition. 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like ? What is the practice in this respect ? 15. See Answer to Question 11. 17. Are the Fellows of your College obliged to proceed to the higher Degrees? If so, in what Faculties? 17. No. 18. Do your statutes enjoin that your Fellowships, Studentships, Scholarships, or the like, be increased or diminished in number as the revenues of jmur College vary? Has such provision of the statutes been acted upon ? Do you conceive that the enforcement of such provision at the present time w ould be beneficial to the Society ? 18. The statutes do so enjoin : see Statute ‘‘ deNumero Sociorum.” It has been customary in times past to suppress Fellowships on particular emergencies with the consent of the Visitor, not to increase their number : and such increase of number out of the present funds of the College we do not think would be beneficial. One of the original foundation appears to have been permanently suppressed (it may be superseded), but of the time or circumstances we can trace no record. 19. Do your statutes contemplate the residence in College of any Undergraduates not on the Foundation ? Do they forbid it ? Will you quote the clauses in your statutes on which such permission or prohibition rests ? 19. Yes: see Statute “ de Extraneis ad Convictum Recipiendis.’’ 20. What amount of property vacates a Fellowship, Scholarship, or the like, according to your statutes ? Is the rule enforced equally with regard to real and personal property ? Do you conceive that the enforce- ment of such a rule at the present time would be beneficial to the Society ? 20. According to the Statutes, a person is ineligible as a Fellow who is possessed of a sum abovedOx. a-year : see Statute “ de Eligibilis et probandi Circumstantiis.” This statute is not enforced. The general feeling would, we think, be averse to the election of a person actually possessed of considerable property. 21. Is the Head of your Society statutably required to enter into Holy Orders? How many of your Fellows, Students, or the like, are subject to the same rule ? If the statute be not observed, on what authority does the non-observanee or dispensation rest ? Is the obligation to enter into Holy Orders expressly laid down by statute, or is it deduced from an injunction to study theology, from an injunction to discharge clerical duties now disused, or from any other like provision ? 21. The Head is required to be in Orders, see Statute “ de Magistri Qualitate.” Tlie Fellows are required to take orders within four years from the time that they are of M.A. standing. See Statute “ de Promotione ad Sacerdotium.” 22. Are your Fellowships confined to persons of a certain University standing? Is the admission of Undergraduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, pro- ductive of inconvenience ? 22. Except in the case of Scholars, they are confined to B.A.’s. 23. Are clergymen excluded from presenting themselves as candidates for your Fellowships? Are laj-men? 23. Neither are excluded except in the case of the Chaplain Fellowships. 24. Are Fellows or other members on your Foundation allowed by statute or other authority to hold eccle- siastical preferment? and, if so, to what amount? 24. Tliey are prohibited by statute : this statute is not held to apply to curacies or very small preferments. 25. Wlrat statutable restrictions limit the selection of your Head ? 25. The Headship is not restricted either to Members of the College or of the University. For the particular qualifications, see Statute “ de Magistri Qualitate.” 26. How many benefices in the gift of your Society have been added since the original Foundation? Will you state at what time and in what manner each was acquired ? Have you at present a fund for the purchase of advowsons ? 26. M^e have no fund for the purcliase of advowsons. 27. Are there any Preelectorships founded in your College for the benefit of the whole University ? Are Fellowships connected with such Praelectorships ? If so, do the statutes allow any special liberty of choice in the Fellowships so connected? 27. No. 28. Has the College the nomination to the Masterships of any Schools? What control does the College exercise over such Schools ? 28. No. 29. Will you quote the clauses of your statutes which set forth the powers and duties of the Visitor of your College ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the statutes, or to make new statutes or ordinances ? 29. The provisions of the Statute “ de Visitatoris Auctoritate” are as follows : — “ Perit nemo citius quam qui renuit medici obtemperare praeceptis : ne igitur aegrotus in hoc Collegio quis- quani sua sponte elabatur ad perniciem, eum authoritati Visitatoris subjicimus, statuentes ut per eum admittatur dicti Collegii Magister, potestatem habeat semel in anno per se aut com- missarium, Magistrum, Socios, aliosque in dicto Collegio visitandi, et alias quoties per Magistrum majoremque partem Sociorum fuerit requisitus. Petimusque tamen ab eo vehementer ut laborern non recuset, licet nullum consequatur lucrum, a Deo omnipotenti longe preeclarius accepturus munus ; cui, visitatione durante, oninem jurisdictionem et correc- tionem committimus, ut Magistrum, Socios aliosque in Collegio morantes, pensata gravitate delinquentis et delicti puniat et corrigat; et quae his statutis non erunt contraria cum consensu Magistri et omnium Sociorum condat, edat, addat, si urgeat necessitas aut exigerit utilitas. In criminibus autem quae Magistri expulsionem requirerent, volumus ut majoris partis Socio- rum sibi adjungat assen.sum. In expulsione vero Socii, Magistri et trium seniorum assensu concentus praecedat, appellationi aut recusationi minime cedens. Si verb in his statutis nostris obscurum aliquod aut ambiguum occurrat, de quo oriatur contentio quodque merito egeat interpretatione, volumus ut referatur illud obscurum ad Visitatorem, Magistrum et duos seniores, quorum interpretationem perpetub fore validam firmamque sancimus. Et nos EVIDENCE. 317 Richardus Episoopus Winton. judex delegatus antedictus, Magistrum et Schola.res, sive Socios Collegii antedicti ab observatione aliorum statutorum ad quorum observantium iidem Magister, Socii et Scholares fuerunt juramento astricti, aufhoritate apostolica nobis in hac parte com- missa, absolvimus, illaque et alia quaecunqtie sfatuta in hoc volumine non inserta cassamus, irritamus et annullamus, ac pro casis irritis et nullis declaramus.” — Yes; such interposition was used in the opening of the Scholarships, which was confirmed by a new statute a.d. 1832. 30. Are Gentleman-Commoners in your Society called upon to pass the same examination at entrance as other persons ? Do they follow the same course of studies, and are they subjected to the same disci- pline, as other persons in statu pupillarif To what charges are they liable, beyond those borne by other independent members ? 30. We have no Gentleman-Commoners. 32. How many persons are supported, wholly or in part, in your Society as Battellers, Servitors, Bible- clerks, or the like? What are their duties, and what are their stipends or other emoluments or immu- nities ? How are they chosen ? Are they marked by any particular dress? Was the number ever greater ? If so, can you state why it has been reduced? What do you consider to be the advantage or disadvantage of such a body of scholars ? 32. We have none. We think such distinctions injurious. 33. How many Tutors are there in your Society ? How many Lecturers, Catechists, or other instructors, who are not Tutors ? Does the Head of your Society take any direct part in the instruction ? 33. Three Tutors, an Assistant Tutor, a Mathematical Lecturer, and a Catechetical Lecturer. The Head of the College does not lecture, but overlooks exercises, and takes an active part in the Terminal Examinations. 34. Are there any Tutors in your Society who are not or have not been on the Foundation ? Do they all reside within the walls? Balliol College. Rev. H. Wall. Rev. B. Jowett. Gentleman- Commoners. Bible-clerks. Tutors. The number of Undergraduates who attend Mathematical 34. No ; there are no such Tutors. All reside in College. 35. Is each Tutor expected to lecture on all subjects ; or is there a division of subjects r 35. I'here is a division of labour ; not, however, so carried out as absolutely to confine a Tutor to a particular range of stibjects. 36. During how many weeks in the year are Lectures given in your Society ? Will you state the average number of Lectures given weekly, and the subjects ? How many Undergraduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra? 36. Lectures are given, on the average, during 25 weeks in the year, nearly three more weeks being taken up by examinations. The average number of lectures in a week is about 50, exclusive of the Mathematical one.s. I'he subjects of Divinity Lectures are : 1, the Old Testament, or the Articles, or Liturgy; 2, the Gospels or Acts; 3, the Epistles. Of Philo- sophical Lectures: 1, Aristotle’s hlthics; 2, Rhetoric, or Politics ; 3, Plato, or the History of Philosophy, or Bacon’s Novum Organum; 4, Logic. Of Historical Lectures: 1, Livy; 2, Tacitus; 3, Herodotus; 4, Thucydides. Of Scholarship Lectures; 1, Homer ; 2, Greek Plays; 3, Cicero; 4, Greek or Latin Composition. Lectures are also given in Modern History or Political Economy. The Mathematical Lectures embrace the subjects usually taken up for Examinations Lectures beyond Euclid and Algebra is 14 37. Are any members of the College required to attend any Professor’s Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise ? 37. They are not required. 38. Can you state how many members of your Foundation and how many independent members of the Society are engaged as private Tutors? 38. Two Fellows, two Scholars, and about tw'o other Members of the College are so engaged. 40. What attendance at Chapel is required by your statutes ? What attendance is actually enforced.? and by what means ? Is attendance at Chapel ever enforced as a punishment ? 40. The Statutes require attendance at chapel five times a-day : see Statute *'de ctdtu Dei.” The attendance expected is twice on Sunday, and once on week-days. Attendance at Chapel is never enforced as a punishment. 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in Chapel, and instruction given in other w’ays ? 41. In addition to the Divinity Lectures mentioned above (Answer 36), a Catechetical Lecture is given in Chapel every Sunday afternoon. It has been customary also for each Tutor to address his own Pupils privately once a-term, previous to their receiving the Communion. 42. What is the average amount of the “ Battels ” of each independent member of your Society ? What was the highest and what was the lowest amount in the year 1849. 42. The average amount of battels may be reckoned at about 78^. a-year. In the year 1849 the highest amount of battels was 92Z. 12, s., the lowest 65/. 19s. 46. Is the College library open to all members of the College, and what fees are paid to the library by each member ? 46. The Library is open to all. A portion of the fees paid to the College for D< grees, amounting to 14s. 4c/. for B.A.’s and 1/. Is. 6c/. for M.A.’s, is appropriated to its support. 47. What number of Undergraduates is your College capable of accommodating? 47. About 70. Lectures. Professor’s Lectures. Private Tutors- Attendance at chapel. Religious instruc- tion. Expenses. Library. Numbers. H. WALL, Senior Bursar. B. JOWETT. Junior Bursar and Tutor. 318 OXFORD UNIVERSITY COMMISSION. Merton College. Robert B. Marsham, B.G.L. Warden of Merton . Documents. Revenues. MERTON COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received : — My Lord Bishop, Merton College, Isf November 1850. I HAVE the honour to acknowledge the receipt of your Lordship’s letter bearing data the 21st October, which w’as received by me on the 27th, enclosing a copy of the Commission under which Her Majesty’s Commissioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges ot Oxford act, and expressing a hope that I should assist them in executing Her Majesty’s commands by furnishing such information as may be within mv power. I have the honour to state, in reply, that I am not disposed to withhold from the Commis- sioners any information which I can conscientiously afford. I have the honour to be, my Lord Bishop, Your obedient Servant, ROBT. BULLOCK MARSHAM, Warden of Merton. To Letter II. of Her Majesty’s Commissioners the following Answer was received: Merton College, Oxford, \7th February 1851. The Warden and Fellows of Merton College present their respectful compliments to Her Alajesty’s -Commissioners for the University of Oxford, and beg to acknowledge the receipt of (heir letter dated Downing-street, November 1850, requesting to be furnished with information on certain matters therein specified, relating to their College, and with a copy of their statutes, and of any Decrees made by their Visitors. The Warden and Fellows of Mei'ton College desire in the first instance to state that, relying as well upon the form and tenor of the letter above mentioned as also upon the statements and declarations as to the nature and objects of the present Royal Commission which have been publicly made by the First Minister of the Crown, they regard the foregoing application as neither assertii'g nor in any w'ay implying a claim on the part of the Crown to exercise a com- pulsory or visitatorial power over their Society, but only as an invitation (which they are free either to accept or to decline) voluntarily to give such information upon the matters inquired into as they may deem it consistent with their duty to the College to afford. Regarding it in this^ view, whilst, on the one hand, they are unwilling to produce or to sanction the publication ot any of their documents, they are, on the other hand, not disposed to withhold information as to the existing state of their College, and therefore submit the following reply to the specific inquiries made bv Her Majesty’s Commissioners. The property of the College consists principally of manors, of freehold lands and houses, and of tithes, or tithe-rent-charges. The freehold lands and tithes are, for the most part, let on leases for terms of 21 years, reserving rents in corn and money, and renewable every seven years on payment of fines. The freehold house property is similarly dealt with, except only that in such cases the terms are 40 years, and the period of renewal after the expiration of 14. The fines on renewal are set on the principle of the College taking, in the case of lands or tithes, renewed for 21 years after the lapse ot 7, one year and tliree-quarters purchase, ^and in the case of houses, renewed for 40 years after the lapse of 14, one year and one-quarter s pur- chase, of the estimated rack-rent value of the estate, after deducting the amount of the reserved rent. The remainder of the freehold lands and houses are let at rack-rent, and the remainder of the tithes are in the hands of the College, with the exception ot such portions of the latter as, being customarily granted in augmentation of ecclesiastical benefices, form no addition to the disposable income of the College. 4’he copyhold property, held under the College as lords of its several manors, is either of inheritance, on lives, or for terms of years, and fines and heriots are payable according to the custom of each manor on dr>ath or alienation, and on renewal of lives or terms of years. Small annual quit-rents are also paid. Tile College possesses also some sums of money in the funds, the produce of sales of land effected under railway or other Acts of Parliament, and invested either under the direction of the Court of Chancery or in the names of Trustees. It derives also a small income from the rent of its rooms in College, and it reserves the timber upon its landed estates, the produce of which, however, lias of late been wholly applied to the repair and improvement of the farm buildings upon them. The disposable annual income of the College (calculated years) is, therefore, as follows : — From fines of freehold lands and tithes „ reserved rents of the same „ rack-rent estates and tithes in possession „ manorial profits .... „ dividends on stock „ rent of rooms .... Total on an average of the £. s. d. . 2,500 0 0 . 1,800 0 0 . 2,000 0 0 600 0 0 200 0 0 120 0 0 . £7,220 0 0 EVIDENCE. 319 It should, however, be observed that, from the operation of various causes, such as the Tithe Commutation Act, Railway and Enclosure Acts, the repeal of the Corn Laws, and the non-renewal of some of its leases, the proceeds of the landed estates of the College have been subject to more than ordinary fluctuations during the period from which the above-mentioned averages are taken. The amounts stated, therefore, must be taken only as the nearest approximation to the present actual income of the College, which it is in its power to make without entering into elaborate calculations and a troublesome minuteness of detail. The annual expenditure of the College is mainly as follows: — Expenses of establishment, including repairs and insurance of buildings, rates and taxes, servants and tradesmen .... Applied to the use of unincorporated members Law agency and surveying expenses School charities, &c. .... Emoluments of Warden . ,, Fellows (average 22) at I50Z. Stipends of College, officers . £. s. d. 2,000 860 500 400 1,050 3,300 300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total £8,410 0 0 A comparison of the foregoing estimates of receipts and expenditure shows an excess of the latter over the former amounting to nearly 1,200/. per annum. This has arisen wholly from the non-payment of fines in certain cases (especially of tithes) where the leases have not been renewed, and are in the course of running out ; and the deficiency has been supplied, without disturbing the customary administration of the College, out of a previously accumulated fund. That fund is now exhausted, but the leases alluded to being also on the eve of expiration, it is obvious that the increased income to arise from the rack-rent value of those estates, when in possession, will still enable the College to pursue the same beneficial system in future, and probably at an accelerated rate. The unincorporated Members of the College consist of 2 Chaplains, 14 Postmasters, 4 Scholars, and 2 Bible Clerks. The Chaplaincies are held for life, and are worth 55/. and 50/. a-year respectively. The Postmasterships (except two, to which the Provosts of Eton College and King s College, Cambridge, present) are awarded annually to the successful competitors in an examination, classical and mathematical. All persons between 17 and 19 years of age are admissible as Candidates. Three of them, selected from the rest by merit, receive 60/. each per annum ; the remaining 1 1 receive 40/. The Scholarships are bestowed, after examination, upon such Undergraduate Members of the College, not being Postmasters, as appear to the Electors to be the fittest and best qualified. They receive 24/. per annum each. The Bible Clerkships are worth, in money, 1 8/. each per annum, besides other incidental advantages and immunities. The nomination to them is vested in the Warden. The period of tenure in each of the three last-mentioned cases is from three to four years. To Her Majesty's Commissioners for the TJniverMy of Oxford, Downing-street, London. To Letter III. of Her Majesty’s Commissioners the following Answer was received: — Question 30. At present we take no Gentleman-Commoners as Members of the College. Such, however, has not always been the practice of the College. In 1607 the first date occurs of their admission; but within nine years the practice was discontinued, because hurtful to dis- cipline. From that period there have been various and conflicting regulations with respect to their admission, which was finally discontinued some years since, on the determination of the present Warden, and for the same reason as above. Question 31. There are only four Members of our Society, as far as I am aware, at present receiving assistance from Exhibitions not in the gift nor under the administration of our Society. Of these two are casual — one held by a Postmaster, the other by a Commoner of the College, both of 10/. value, from Tonbridge School ; but the remaining two are always held by Postmasters of the College, viz., by the two Eton Postmasters. They are Cholmondeley Exhibitions, of 60/. value each, and are under the administration and gift of that Trust. Question 32. We have two Bible Clerks in our Society, but no other persons supported in the same manner. Their duties are reading the first lesson, and the epistle, if lequiied, in Chapel, keeping the Chapel List, saying grace in Hall before and after meat, and copying Collec^e Testimonials. They are nominated by the Warden, and do not wear any particular dress.” The entire value of the Clerkship is about 85/., but at present this is conjoined with two Exhibitions, so as wholly to amount to 120/. per annum. I am not aware that their number has ever been greater than at present. I can see no disadvantage attending their position, if the nomination of them be judiciously exercised, and their duties be not of a degrading kind. On the contrary, I would gladly see so great a help to poorly-beneficed Clergy and others increased. • • Question 33. There are two Tutors, one Mathematical Lecturer, and one Divinity Lecturer in the Society. , p n • i Question 34. We have no Tutors who are not on the Foundation; they, therefore, all reside within the walls. 4 U Merton College. Warden and Fellows of Merton. Chaplains. Postmasters. Scholars. Bible Clerks. Rev. J, R. T.Eaton, M.A. Gentleman- Commoners. Exhibitions. Bible Clerks. Tutors. 320 OXFORD UNIVERSITY COMMISSION. Merton College. Rev. J. R, T. Eaton., M.A. Lectures. Professors’ Lectures. Private Tutors. Attendance at chapel. Religious instruc- tion. Expenses. Library. i\Iembers. Question 35. Both the Tutors are expected to lecture on all the subjects of a University Examination, including Divinity. The Mathematical Lectureship affords the only instance of division of subjects. Question 36. Lectures are given through only 24 or 26 weeks in the year. The average number of Lectures given weekly is at present higher than it has ever been in my knowledge, viz., 35, on all subjects but Mathematics; and 15 mathematical men are divided according to the years of their academical standing, and their intention to take honours or a plain degree. The Lectures are on the following subjects : — Greek Testament. Aristotle’s Ethics. „ Politics. „ Rhetoric. Plato. Thucydides. Herodotus. Bishop Butler. Logic. Tacitus. .^schylus. Sophocles. Euripides. Aristophanes. Demosthenes. Xenophon. Horace. Virgil. Livy. Of course at different periods. There are five Undergraduates (our whole number is 35) at present attending Mathematical Lectures, beyond Arithmetic and the Elements of Euclid and Algebra, reading as high as Mechanics inclusively. Of these, two hold Postmasterships on a Mathematical Foundation. Question 37. At present no Members of the College are required to attend any Professor’s Lectures, nor are any other means adopted by the College to secure profitable attendance than particular recommendation on certain subjects. Care is, however, taken that the hours of College Lectures do not interfere with those of the Professors. 1 1 is probable that under the new Statute such attendance may be made requisite by the College. Question 38. Two only of our independent Members, as far as I am aware, are engaged on private tuition ; two Members, also, of our Foundation are so employed. Question 39. — I believe as many as 15 Members of our Society (Undergraduates) are at present reading with Private Tutors. Of these, six are reading for honours, the remainder only for a plain degree. But their number is at present increased by the prospect of an approaching Examination. Question 40. The chapel attendance required by the College is once daily, and twice on Sundays. It is enforced simply, as any other College regulation, for our Undergraduate Members, and by the Principal of the Postmasters specially. It is never enforced as a punishment. Question 41. Four Divinity Lectures weekly, with two Sermons in chapel during the Term, prior 1o the celebration of the Sacrament, are the only stated opportunities of religious instruction. The Lectures are on the Thirty-nine Articles and the Old and New Testaments. Question 42. The average amount of the battels of a Postmaster of the College may be set at 751. IO 5 . for the year; of a Commoner of the College at 120/. for the same period. These averages are made from the year 1849. Battels include coals and a common-room man s bill for confectioneries, groceries, &c. Question 43. I enclose forms of the Weekly and Quarterly Battel Bills, regularly delivered to the Undergraduates. [See next page.] The average in the last answer is calculated on a term of eight weeks, and three terms in the year. Question 44. One hundred and fifty pounds is the lowest yearly sum which I have known an Undergraduate (not being a Clerk) to live for in our Society. This amount I have known, in other cases, to have been as low as 120/. per annum, and 400/. to have covered the whole expenses (including private tuition) from matriculation to graduation. Question 45. The C'ollege expenses peculiar to Undergraduate Members may be considered to be — entrance fees, including caution-money; room-rent; tuition; battels, including service. Of these, the first two are fixed peculiarly low in our Society, the caution-money being only 20/. ; entrance fees 2/. 6s. in the highest instance ; while the average room-rent is 51. yearly. The tuition, 16/. 16s. per annum, averages with other Colleges, and could hardly be reduced, except the number of Undergraduate Members were increased beyond the corresponding requirements for increased tuition. From battels may be deducted the fixed element of service, which (for all kinds) runs under 12/. yearly to each Undergraduate. The remainder will, however, vary with the tone of expenditure permitted or encouraged in the Society, and might certainly be carried as low as the experience of one or two Colleges which have proposed this object to themselves warrants. Expedients which have been adopted within our own Society to reduce the expenditure of its Undergraduate Members have been — • {a). Regulations as to the maximum expenditure (amount of battels) allowed throughout the term (since the estimate of 1849). (i). Bringing the bills of Undergraduates for confectioneries, groceries, &c., as much as possible under the Bursar’s notice. Question 46. The College Library is open to all Members of the College, without restriction, and the only fee paid is an entrance one ot 1/. by a Postmaster, 1/. 10s. by a Commoner, and 1/. fee upon degree. No such fees are paid by a Clerk. Question 47 . Merton College is at present capable of accommodating, and does accom- modate, 32 Undererraduates resident within its walls. JOHN R. T. EATON, Fellow and Tutor of Merton College, Oxford, EVIDENCE. 321 Merton College, Week. Quarter, 185 . Beginning Kitchen. Friday. Saturday. Sunday. Monday. Tuesday. Wednesday. Thursday. £. s. d. Breakfast . Lunch Dinner Supper Total of WEEK . Merton College Kitchen 185 Merton College. Itev. J. It. T. Eaton, M.A. Mr. £. s. d. Amount of Bills to Use of Plates Merton College. Mr. Week, beginning 1851. Buttery. Friday. Saturday. Sunday. | Monday. Tuesday. Wednesday. Thursday. £. s. d. Bread Butter Cheese Beer . Total of Buttery. Letters Knocking in Faggots . Messenger. Merton College. Quarter beginning and ending Mr. University College Dues . . . . Messenger ..... Servants ...... Room Rent ... Lamps ...... Tuition ...... Porter’s Bill ..... Glazier’s Bill ..... Battels ...... Patey’s Bill ..... Coals ...... Fines ...... Allocation . 184 184 £. 5 . d. 4 U 2 322 OXFORD UNIVERSITY COMMISSION. Exeter College. EXETER COLLEGE. Hex:. J. L. Richards. To Letter I. of Her Majesty’s Commissioners the following Answer was received : — My Lord, Exeter College, October 30, 1850. I HAVE the honour to acknowledge the receipt of a letter from your Lordship on the part of Her Majesty’s Commissioners for inquiring into the State of the University of Oxford, and enclosing a copy of the Commission on which they act. I am, my Lord, With much respect, Your faithful servant, The Lord Bishop of Norwich. J. L. RICHARDS. To Letters II. and III. of Her Majesty’s Commissioners the following Answer was received : — Exeter College, December 4, 1850. The Rector of Exeter College presents his compliments to the Secretary of the Oxford University Commission, and has to acknowledge the receipt of two papers of inquiry from the Oxford Commission, one addressed to him as Rector of Exeter and the other to the Rector and Fellows of Exeter College. The Secretary of the Oxford Commission. In answer to Letter HI. of Her Majesty’s Commissioners the following Answer w'as received : — Rev. S. J. Rigaud, Lord and Gentlemen, N.A. Having ceased for some time to reside in Oxford, it is impossible for me to reply to many of the questions which were forwarded to me from your Board. There is however one point on which I can give information, and as it has been said that the point is an important one, I have no hesitation in offering the following statement. It is well known to your Board that the two principal Foundations in Exeter College are the old and close F oundation for the benefit of natives of the western counties, and the Petrean. The Petrean Fellowships are by statute open to natives of certain specified counties, and “ to natives of all other counties in which the Lord Petre for the time being has real property.” These are therefore comparatively open. I have no hesitation in saying that the candidates for the Petrean Fellowships arc gene- rally superior men to those for the close Fellowships. I have no doubt that the close Scho- larships and Fellowships were of less benefit to the College than they would have been if open. It appears clear to me that the Petrean Fellowships would have been of yet more benefit to the College if more open to competition than they were and arc ; and that such was at one time the opinion of the College in general is evident from the fact that certain counties before closed were (as I have been informed) opened by the purchase of small pieces of land, and their presentation to Lord Petre by Fellows of the College on taking preferment. The average annual value of a Fellowship of Exeter College, dui’ing the time that I held one, was from 120Z. to 130/.; in addition to a small table allowance, which was divided among those members of the foundation who had actually dined in Hall. Of course each Fellow had a set of rooms; but a Senior Fellow had two sets, and this, I believe, formed the only difference in value between a Senior and a Junior Fellowship. I am, My Lord and Gentlemen, Your obedient servant, S. J. RIGAUD, Late Fellow of Exeter College. EVIDENCE. 323 ORIEL COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received : My Lord and Gentlemen, Oriel Colleget October 28, 1850. I HAVE the honour to acknowledge the receipt of copies of the Cornmission undei which you act, addressed to me as Provost of Oriel, and as Dean Ireland s Professoi, toge- ther with a request that 1 should supply you with such information as may be m my power. The letters are dated the 21st instant, but they only reached me yesterday. I am. My Lord and Gentlemen, Your faithful and obedient servant. Her Majesty s Commisioners for inquiring EDWARD HAWKINS. into the State, ^c„ of the University of Oxford. To Letters II. and III. of Her Majesty’s Commissioners the following Answers were received : — My dear Mr. Stanley, Oriel College, December 31, 1850. I HAVE to acknowledge the receipt of two printed letters bearing your signature : the first dated November 28th, addressed to the Provost and Fellows of Oriel, the second ot December 6th, to myself. I have shown the former letter to the resident Fellows, and will find an opportunity foi laying it before the whole Society. I am. My dear Mr. Stanley, Yours most truly. Rev. A. P. Stanley, Secretai'y, 8fc. EDWARD HAWKINS. QUEEN’S COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received : — My Lord, Queens College, Oxford, November 1, 1850. I BEG to acknowledge the receipt of a letter of the 21st October last, signed by your Lordship on the part of Her Majesty’s Commissioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Colleges ot Oxford, together with a copy of the Commission under which they act. I have the honour to be. Your Lordship’s very obedient and faithful Servant, The Lord Bishop of Norwich. J- FOX, Provost. Oriel College. Hev. E. Hawkiris, D.D., Provost of Oriel College. Queen’s College. Rev. J. Fox, E.E., Provost of Queen's College. 324 OXFORD UNIVERSITY COMMISSION. New College. Rev. D. Williams. D.D., Warden of New College. NE^V COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received ; — My Lord, New College, October 29, 1850. I HAVE the honour to acknowledge the receipt of your Lordship’s letter, enclosing a copy of the Commission for inquiring into the State, &c., of the University and Colleges of Oxford. I have the honour to be, wdth great respect. My Lord, Your Lordship’s obedient humble Servant, D. WILLIAMS. To Letter II. of Her IVIajesty’s Commissioners the following Answer was received: — Reverend Sir, New College, November 29, 1850. I HAVE received your letter of the 28th instant, addressed to the Warden and Fellows of New College, requesting that information on various points, together with a copy of the College Statutes, and of Decrees made by the Visitor, ma}' be furnished to Her Majesty’s Commissioners for the University of Oxford. It is to the Visitor alone, the Bishop of Winchester, whose exclusive authority as Visitor, derived from the special appointment of William of Wykeham, the Founder of New College, is recognized by the law of the land, tljat the Warden and Fellows could consistently with their duty supply the information and the documents required. This is my conviction, and it has been communicated to the Fellows of the College and approved by them. I have the honour to be. Reverend Sir, Your obedient humble Servant, DAVID WILLIAMS, Warden. EVIDENCE. 325 LINCOLN COLLEGE. To Letters II. and III. of Her Majesty’s Commissioners the following Answers were received : — From the Rev. F. Metcalfe, M.A., Fellow and Bursar of Lincoln College, Oxford, on behalf of the Rector and Fellows. Lincoln College, Oxford, June 27, 1851. 1. The amount of your corporate revenues and their specific applications. _ o okq7 n ci 7 1 The total amount of the Corporate Revenues of Lincoln College is l,6b6l. 7s. 83d., which revenues are applied to the use of the Rector and Fellows, and to the increase of the salary of the chaplains of St. Michael’s and All Saints, Oxford, and to various charitable purposes^^^ sources from which each portion of the income is derived, and the amount arising from each 2. Revenues derived from real estates . . • £1,877 18 2i funded property . . 67 I'd b ^ ^ room-rents . . • 437 10 0 3. The proportion of your corporate property which is let at rack rent, and on lives, or for terms of years; and the principle on which fines are set. 3. Revenues derived from rack-rent estates . . j ^ leasehold estates . . 332 7 b , , , The property held on lives is very trifling. The fines are calculated, for land, on the per cent, tables, and for houses on the 7 per cent, tables, and it has been the custom 01 late years on renewals, to increase the ground-rent, and reduce the fine in prqiortion. ^ 4. The emoluments of the Headship, of the several Fellowships, Studentships, Scholarships, Demy- 4 ThetmXmente of the Headship are, a double Fellowship, and the income of the impropriate Rectory of Twyford, Bucks, of which the Rector makes a yearly return to the Privy Council. For many years last past the average income of the Fellows has not amounted to 200Z. ,.fi, is 37 19 - 437 10 1,545 10 332 7 d. 2i 6 0 Si 6 Total 2,353 7 8 12 Fellows (about £168) each, 1 Rector = 2 Fellows £. = 2,016 = 336 2,352 5. The number, value, and period of tenure, of the several unincorporated Scholarships, Exhibitions, 5. There ^are ^Sght open Scholarships, value from 40Z. to 45Z. per annum, tenable four ^^Twelve Exhibitions, value from 40Z. to 50Z., tenable eight years-requiring residence — otherwise vacated. , _ , r, i i 1 • 1 Also one Scholarship, called the Tatham Scholarship, value 50Z. For a copy of the Statutes of Lincoln College her Majesty s Commissioners are respect- fully referred to that in the Bodleian. , , , 1 j 5. The decrees of the Visitor extend over a period of several hundred years, and are for the most part upon subjects of no public importance. ^ Lincoln College, 1851. Letters . Gate-bill. Messenger . Weekly Dues Friday. Saturday. Sunday. Monday. Tuesday. Wedn. Thurs. Buttery s. d. 0 7i s. d. 0 9 s. d. 1 s d. 0 3 0 8 s. d. 0 5 00 ci® Kitchen ; — Breakfast . . • • • Lunch Dinner rio 1*2 2”s 0 8 o"8 0*’8 • • o”8 0 9 1 0 0 5 0 8 Total Any error in this account should at once be referred to the Bursar. Total. s. d. 4 7-i 1 0 2 8 6 4 0 9 0 7 0 9 0 9 3 7i £1 1 Lincoln College. Rev. F. Metcalfe, M.A., Bursar of Lincoln, College. Corporate Re- venues. Emoluments of Headship, Fellowships, and Scholarships. Scholarships. Exhibitions! Statutes. Visitors’ decrees. Battels of Lincoln College, 326 OXFORD UNIVERSITY COMMISSION. Lincoln Collkge. Rev. F. Metcalfe, M.A., Sursar of Lincoln College. Expenses of Undergraduates at Lincoln. Summary of the Total College Expenses of various Undergraduates in 1849, shewing the highest, lowest, and average amounts. Mr. A. B. £. 5. d. 1st Quarter . • • • • . 1!) 3 6 2nd ditto • • • • • ♦ . 29 14 6 3rd ditto 17 6 4th ditto • • . 10 3 4i Highest Amount. • • £82 18 10^ Mr. D. E. 1st Quarter . • • • • • . . 11 18 Hi 2nd ditto * « • • • . 15 0 4 3rd ditto . • • • • • • . 11 4 5i 4th ditto . 2 6 Lowe.st Amount . • £43 6 3 Mr. M. N. 1st Quarter . * • • • • . 15 4 11 2nd ditto 17 10 3rd ditto • • * • • . . 18 3 4th ditto • • • • • • • . 9 14 0 For the Average Amount • • £60 0 4i Mr. X. Y. 1st Quarter . * • • • • . . 13 15 8 2nd ditto • • • » • . 19 2 11 3rd ditto • • • • • . 17 4 11 4th ditto • • . 9 6 1 For the Average Amount • - £59 9 8 Dr. Independent Member, Mr. to Lincoln College. 2nd Quarter, 1849. Battels Boom-rent Tuition . £. s. d. . . as above . 6/. or 4 according to situation. 7 0 0 Dr. Battels Room-rent Tuition . Independent Member. Mr. to Lincoln College. 3rd and 4th Quarters, 1849. £. s. d. . as above 6/. or 4 0 0 7 0 0 Dr. Battels Room-rent Tuition Scholar. Mr. to Lincoln College. £. s. d. j . as above j Lord Crewe . as above Dr. Hutchins . 5 12 0 - 1st Quarter, 1849. £. s, 2 10 10 10 d. 0 6 Cr. Dr. Battels Room-rent Tuition Exhibitioner. Mr. to Lincoln College. £. 5. d. j . as above j Lord Crewe , . as above | Dr. Hutchins . . 7 0 0; 1st Quarter, 1849. £. 5 7 Cr. d. 0 6 F. Metcalfe. EVIDENCE. 327 ALL SOULS COLLEGE. All Souls College. To Letter I. of Her Majesty’s Commissioners the following Answer was received : — My Lord, All Souls College^ Oxford, Oct. 29, 1850. I HAVE had the honour of receiving your Lordship’s letter dated on the 21st, but which I did not receive until the 27th of October. You inform me that Her Majesty’s Commissioners for inquiring into the state, discipline, studies, and revenues of the University and Colleges of Oxford, express a hope that 1 shall assist them in executing Her Majesty’s commands. It will be my duty in the first instance to communicate to the members of my College the intelligence which I have received, and 1 shall not fail to assemble a meeting without delay, for the purpose of affording the subject a careful deliberation. I have the honour to be, My Lord Bishop, Your Lordship’s most obedient servant. The Lord Bishop of Norwich, ^'c. ^c. LEWIS SNEYD, Warden of All Souls. To Letters II. and HI. of Her Majesty’s Commissioners the following Answers were received : — Sir, All Souls College, December 17, 1850. I HAVE received two letters from Her Majesty’s Commissioners, signed by yourself, as Secretary, dated November 28 and December 6, 1850. The first relates to the College property, the other contains several questions of a more general nature. At a meeting of the College held this day I am glad to inform you that it was decided, with very little hesitation, that 1 should be requested, and fully authorized, to supply the information required by the Commissioners, so far as the questions contained in your letters were applicable to All Souls College. I shall not fail to comply with this request ; but as the questions are numerous, it may take some time to prepare proper answers. There is one request in your paper which 1 fear we shall not be able to comply with — to send a copy of our Statutes with the Injunctions of the Visitors. There is but one authentic copy of the Injunctions preserved in the College library, under strict regulation that it should not be removed, 'fhe original Statutes of All Souls College are by no means difficult to be procured ; there are many copies of them, and a very accurate translation was published a few years ago. If there is any particular Injunction on which you wish to obtain information, I will take care that no impediment is thrown in your way, but I have no power to remove the volume from the library. I have the honour to be, Sir, Your obedient humble servant. To the Rev. A. P. Stanleg, ^c. LEWIS SNEV^D, Warden oj All Souls. Dear Sir, All Souls College, Oxford, January 8, 1851. I HAVE sent this day, in another cover, my answers to 47 questions received from Her Majesty’s Commissioners for Oxford in a paper dated December 6, 1850. I hope that my answers may be found to be intelligible and explicit ; it has been my wish to make them so. If it should appear to Her Majesty’s Commissioners that they are in any respect deficient in conveying the information asked for, I shall be quite ready to supply what is wanting as far as I am able. The answers to some questions relating to the revenues ot the College and their application will be sent as soon as possible. I have been obliged to apply to the Bursar for some assistance in a matter which relates especially to his office. He is at present absent during the vacation, but there shall be no unnecessary delay in sending the information. I am, dear Sir, Your obedient humble servant. The Rev. A. P. Stanley, Secretary. LEWIS SNEYD, Jfarden of All Soul.<. Rev. Lewis Sneyd, M.A., Warden of All Souls. Answers. 1. Is your Society governed by statutes? If not, are there any orders or rules by which it is governed ? 1. The Society of All Souls College is governed by Statutes. Statutes, 2. If the Society is governed by Statutes were those Statutes given by the Founder ? Are the original Statutes in force, wholly or in part ? If they are not in force, by what authority, and when have they been altered ? 2. The Statutes were given by the Founder. The original Statutes are in force so far Founder, as they are consistent with the established religion. 3. Is there any provision in your present Statutes for their alteration or amendment; or was there in your original Statutes, any such provision ? 3. Alteration, that is total change or abrogation, of the original Statutes is forbidden, Alteration, but the Visitor has from time to time exercised the power vested in him to explain, adapt, and modify them. 4. Will you state in what respect, if any, your Statutes have ceased to be observed, whether owing to lapse of time or other causes ? 4. Those parts of the Statutes which are inconsistent with the form of religion now Non-observance of established have ceased to be observed. Lapse of time, change of habits and discipline in Statutes. the University, and other such causes, have operated to diminish the observance of some of 328 OXFORD UNIVERSITY COMMISSION. All Sopls College. Jtev. Lewis Sner/d, 31. A., Warden of All Souls. Residence of Warden. Residence of Fellows. Marriage of War- den, Chaplains, and Fellows. Restrictions on Fellowships. Qualifications for Fellowships. the original Statutes; hut by far the larger portion of them, ranged as they are under 34 heads or chapters, are still observed. 5. In what eases is the non-residence of your Head or your Fellows permitted by the Statutes, and how many of your Fellows are non-residents? Would the University or the College be benefited, in your opinion, by the general enforcement of residence ? 5. The residence of the Warden is strictly enforced and is as strictly observed. In Statute chap. 3, “ De Officio Custodis et ejus residentia,” he is allowed to be absent from the College for 60 da}'s only in the year, except in case of illness, business of the College, or other urgent cause. By the Injunction of Archbishop Cranmer, 1541, no cause of absence is allowed to the Warden, except illness, beyond tw'o months in addition to the 60 days allowed in the Statute. This order has been in no case disobeyed for many years. It may be proper to state here that in 1766 the Rectory of East Lockinge, in Berkshire, 15 miles from Oxford, was annexed by Act of Parliament to the Wardenship of All Souls, so that the Rectory is now joined by law as an inse])arable branch of the Warden’s duty. In 1830 the Visitor, Archbishop Howley, taking the aforesaid Statute and Injunction into consideration, permits the Warden to devote a portion of his time to the actual perforinance of parochial duty in the parish of Lockinge, without its being accounted any infringe- ment of the Statute of residence. So that the VVarden is still bound by the regulation which enforces eight months’ residence, while his duty is spread over a wider field. The regulations for the residence of the Fellows are set forth in Statute XIX., “ Quod Socii et Scholares sine licencia non devillent.” It is here ordained that ariy fellow or Scholar desirous of going away shall assign his cause to the Warden, or in his absence to the Sub-IVarden and Dean of his Faculty. This custom is still observed. From the earliest time to the ])resent it appears that dispensations, exemptions, and lawful causes for absence have been claimed, and have been allow’ed to the Fellows. And that the authorities of the College named above are permitted to grant such licence without much difficulty may be shovvn by the following sentence in the Statute XIX. : “ Nolentes quod in licentia hujusmodi Sociis vel Scholaribus hanc petentibus concedenda, dicti Gustos, sen V.-Cust., vel Decanus, se reddant nimis difficiles. Sed volumus quod Scho- lar! vel Socio ipsam petenti, et se habere honestam et veram causam absentandi asserenti non denegetur in hoc casu facultas sen licentia absentani, pi’;rcipue magnarum et genera- lium vacationum temjioribus.” Notwithstanding this power of dispensation thus vested in the arden, I do not attempt to assert that the regulation for the residence of the Fellows has been fully carried out. In order to give a fair view of the subject, it may be well to state the present custom and long-continued habit of the College on the subject of residence. Those who are obliged to take degrees never fail to keep, by I’esidence, a// the terms required by the University Statutes, and that without the indulgence of dispensation granted to other members of the University in other C’olleges. With respect to those who have already taken the degrees required, and with respect to the College generally, the long-established custom has been this: four times in the year — lu'z. Christmas, Faster, Whitsuntide, and November 2 — the Fellows of the College assemble. So that, although the number of constantly resident F ellows rnay not be great, it may be truly stated that there is not any Fellow who is altogether and entirely non-resident. it is my opinion that neither the University nor the College would be benefited by the general enforcement of habitual residence, such as the Statutes seem in the first instance to require, apart from the causes allowed as proper for leave of absence. (5. Is the marriage of the Iltal of your College permitted bv the Statutes ? It not, by what authority is such permission applicable to any other Members ot tlie Foundation, besides the Head ? 6 The marriage of the Warden is not forbidden by the Statutes. It is believed that many of the Wardens have been married. It frequently happens that the Chaplains are married. A Fellowship becomes vacant six months after marriage. 7. Does the College consist of several Foundations It so, do the Fellows on the seveial Found- ations enjoy the .same rights and advantages ? 7. There is only one Foundation. 8. Are therein \ our College anv unincorporated or Bye Fellows ? If so, by what Statutes are they governed ? Do vou consider such Frllowships beneficial to the Society ? Or do you think their present position might be altered with advantage? 8. Not applicable. . . , * 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at pi^sent open to competition witliout restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders? i, i tt • 9. The F'ellowships of All Souls College are open to competition to the whole University . The restrictions mentioned in the next sentence cannot be considered as impediments. A F’cllow is called a Scholar for one year only. Fellows who are not of kin to the Foundei have to pass through one year of probation as Scholars, or, as they are generally called, Probationary F^ellows, . - ^ 10. Will you quote the classes of vour Statutes on which any such restriction rests, together ■wit h any special reasons which the Founder or framer of your Statutes may have had for this restriction 10. The qualifications required in a candidate for a Fellowship are thus stated in t e Statute, chap. 2, “ De mode, forma, et tempore eligendi Scholares et quomodo assmnentui in Socios.” The candidate mmst be a Student in the University of Oxford. He is to 1)0 chosen de meliorihus ipsorum nominantimn sano judicio habilioribusque, necnon at Studium Scholasticuin niagis aptis ipsa Universitate Oxon. Studentibus. He must have been three years at least in the University “prius tres annos ad minus habcaiit in Universitate Oxon. supradicta.” i i ^.i oAih He must have completed his 17th year of age, and must not have exceeded tlic -bin. EVIDENCE. 329 Bev. Lewis Sneyd, M.A., Warden of All Soids. kin. To P.OVO this a cctificate of Baptism is rcuitod, cx.tactecl ftom the parish Rogtster and a.x 11^ .1 r 4- Rp.v. Lewis Suf^yd, duly authenticated. ronditionihus et moribus ferornatus. He must be a person of good ^ ? signed by the To ascertain this, Aichbishop Whi „i Souls to the examination of the Fellows of ftlToUcbt‘“ uo'id StotS^quim ht^Ss.” This examination is still, and I suppose always ''‘'h’?m;l“b'e utrTiditionis. and horn in lawful matrimony, to prove which a certifi- cate of his parents’ marriage is required. except he is of the Founder’s Founders kindred. Founders’ kinsmen are ebgible wherever they aie b Lree, to be sub- To prove his kinship to the Founder, a Thfs claim of con- mitted to the examination is scarcely a family of any antiquity in sanguinity is now so widely extendc Y 3 q pePo^ys who this®country which it does not mclude on the subject of have proved their consanguinity. Ihllicultics ha „ y: ;,„^g^,ed .luno -24th, 1 7"6, to consaiguinity, the College presented a petition o the l.sdOT^ 4 then laboured relieve“them' from the inconvenience '>".®rr 7 ? 7 :by^l\r^ Kfo;\":Vo\lAtn"— Tbi^Xumber must be always hept up, but the -:,rro" "z; .c,.,.ies w.„ch .e Statutes allow for opening the Foundation . "• .^^hTstil^gbl^-prereivnce'. 10 cei.ain cand.a.es, h.wdoyoa in.eipiel such prefcrcncaf if dIToo ‘If ir'l ry,i,rp;l“ ,S”? elS'n S' l:a"";,»r^n".& M il f r FClowships. Slulcnldiipp Schyr.hips, D.niyslnps, or , 1.0 l.he, disposal of s.r.Cy according to man.? . Is qualification for a Fellow- shifis'IXlf ifiSMif “luf rproof of talent iyabvays looked upon wl^ irhllsXmli f ' alf othi candidate sodistinguished soldoni fails to obtain a 1, ,^,,n,i„ation for three respects to be well qualified. the only scrutiny. iiracri rfntTf aratlerfVylnf liMl Inra^S crl^'r^rS e a selection is made from "“sufelfthTiila^ftTatfe^^^^ - disposed of according to merit ,6 Wlial is the sl.lulable connexion bslwe.n ,onr Fellowship, and yon. Scholarship., Dam, ships, or the like ? What is the praeiice m this respect . j“ MZsipsf a Iliad .0 ,ho,a who are or h.r. haen Scholars, or Iha hka. of yoi.r Society, has this system been found beneficial to the College . ? Tf so in what 17 Are the Fellows of your College obliged to proceed to the higher egiees . 17 , ThJViiiows of All Souls are oWilted to proceed Higher Pagree... tion, all the terms requued, in or ° ^ ^ within five years, either take taken within the time The BX L. must t ^ ^ith these regulations Holy Orders or proceed to the Degree of D. C. E. , non co up Archbishop Whit- forfeits a Fellowship. Those who take the Degree of D. C, L. are by Archtnsnop gift’s Injunction, 15^86, relieved from the necessity of o, the like, be in- 18. Do your Statutes enjoin that your helowships, “ V ^ary ? Has such provision of creased or diminished in number as the revenues of > onflrcement of such provision at the the Statutes been acted upon ? Do you conceive that the enforcement P nresent time would be beneficial to the Society ? . . , , • y incicase oi 18. The Fellowships cannot be either increased or diminished in number. ^ dim.iui^im^^^ 330 OXFORD UNIVERSITY COMMISSION. All Souls College. Rev. Lewis Snei/d, M.A.. Warden of All Soids. Commoners. Property dis- qualification. 19. Do your Statutes contemplate the residence in College of any Undergraduates not on the Foundation? Do they forbid it? Will you quote the clauses in your Statutes on which such permission or prohibition rests? ^ 19. The Statutes do not contemplate the residence of Undergraduates in All Souls College. From the date of the foundation in 1437, up to the present time, no Under- graduates have ever been admitted ; indeed, if there was no other reason, the limited accommodation which the building affords would make their admission impossible. There is not even room for all the Fellows of the College at the same time, and, at the seasons of meeting mentioned above, considerable inconvenience is felt from want of room for those who assemble. The site of the College does not admit of any extension of the buildin<>-. 20. What amount of property vacates a Fellowship, Scholarship, or the like, according to your Statutes? Is the rule enforced equally with regard to real and personal property? Do you conceive that the enforcement of such a rule at the present time would be beneficial to the Society ? 20. The rule respecting property tenable with a Fellowship relates only to real, not personal property. I quote from the Statutes, and from the Injunctions of Archbishop Wake, 1719, and Archbishop Sutton, 14 June 1S26. The Founder’s Statute — “Quod propter monachatum susceptam, &c. ” — enacts, “Si qui Sociorum patrimonium, htEreditatcin, feodumve sseculare aut annuam pensionem ad valorem communibus annis centum solidorum sterlingorum assecutus fuei’it tunc infra sex menses a tempore assecutionis hujusmodi continue secuturos auctoritate prmsentis statuti eum a dicto Collegio privatum et amotum fore statuimus ipso facto.” Thus the value of the disqualifying estate was oidginally Archbishop Wake fixed the sum at , Archbishop Manners Sutton, in 1826, at . .5/. 40 100 per annum. 9 9 9 9 This reg’ulation is acknowledged and always observed. I should here give some ex])lanation of the term “ Annua Pensio,” as it has always been imderstood and acted on by the College. “ Annua Pensio,” in the Civil Law, is defined, “ Id quod pro alicujus rei usu datur.” In common acceptation it means any yearly pay- ment 01 pension ; but in our law, and as used by our Founder, it has a signification more circumscribed. By lhat it signifies a yearly pension arising out of a bishopric, abbey, or other ecclesiastical corporation. It was cognizable in our Ecclesiastical Courts, wherein no prohibition lay, and hence it differs from an annuity, which is a subject of temporal cognizance. Hence it plainly ap|)ears that the words “Annua Pensio ” have a certain technical sense fixed to them by the law of England. It may be said that our Founder did not mean to circumscribe them within such narrow bounds, but to extend them to all certain annuities. It would perhaps be a sufficient answer to say, that the Founder has not so expressed himself, that he has used the words simply by themselves, and that according to the rules of construction their known legal signification must be followed. 21. Is the Head of your Society, statutably required to enter into Holy Order.s? How many of your Fellows, Students, or the like, are subject to the same rule? If the Statute be not observed, on what authority does the non-observance or dispensation rest ? Is the otdigation to enter into Holy Orders e.Kpressly laid down by Siatute, or is it deduced from an injunction to study theology, from an injunction to discharge clerical duties now disused, or from any other like provision ? Clerical restrictions. 21. The College may elect a laymau for their Warden, but he must, by Statute, take Holy Orders within a year after his admission. By the Statute “ De tempore assumendi sacros Ordines ” it is directed that any Fellow being M.A. shall take Holy Order.s within two years after the completion of his Regency, “impedimento cessante legitimo;” or, according to Archbishop Tennison’s Injunction, 1711, within four years from the commencement of his Regency ; and then, if not in Holy Orders within six months, the Fellowship is void. By an Injunction of Archbishop Whit- gift, 1586, the B. C. L. Fellows are discharged from the obligation to take Holy Orders, pi’ovided they proceed to the Degree of D. C. L. ; this is always complied with, or the Fellowship is void. The M.A. Fellows who do not take Orders within the time prescribed never fail to state their exemption, or the cause of the impediment, for the consideration of the Warden and officers. To prevent the allowance of improper impediments. Archbishop Wake orders that, in case the impediment be admitted, it shall be entered within 14 days in the Register, and signed by the approvers of it; a copy of which entry is then to be transmitted to the Visitor within the same number of days. If these observances are omitted the approbation is made void. It may be seen that, although the Founder seems to require that all the Fellows should undertake the priesthood, yet there are, and always have been, numerous exemptions allowed by the authorities of the College, and confirmed by the A-'^isitor. All these exemp- tions as they occur are still regularly signed and registered, and have always been allowed by the Visitor. 22. Are your Fellowships confined to jiersons of a certain University standing ? Is the admission of Undergraduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, I productive of inconvenience ? 22. All the information required here is given in Answer 10. 23. Are cleryyinen excluded from presenting themselves as candidates for your Fellowships? Are laymen ? 23. Neither clergymen nor laymen are excluded from being candidates for Fellowships if they are of the proper age, viz. not more than 25 or less than 17 years of age. EVIDENCE. 331 24. Are Fellows or other members on your Foundation allowed by Statute or other authority to hold ecclesiastical preferment? and, if so, to what amount? , • i • • t 24. The regulation by which the College is bound, and on which it acts with respect to Ecclesiastical preferment, will be found in Statute ch. 34, “ Propter quas cai^as Socii et Scholares possunt et debent amoveri.” This Statute orders, “Si vero aliquis Sociorum vel Scholarium praedictorum beneficium Ecclesiasticum cura vel sine cura cujus iructus, reditus et proventus decern inercarum sterlingorum valorem annuam si in eodem perso- naliter ’resident excedunt adeptus fuerit; etiamsi vicaria existat, per annum unum et non ultra eum in dicto Collegio Socium vel Scholarem stare permittimus. ^ i i i The value thus mentioned is ascertained by reference to the Valuation published by authority in 1291, or by that of 1.535, 26 Hen. VIII., or by the & & 6 of Queen Anne. The latter relates to an Injunction of the Visitor, Wake, which orders that, if the actual value does not exceed 50Z. per annum, although it exceeds 10 marcs in the Liber Regis, it shall not vacate a Fellowship. This value is ascertained by the certificate of the Exchequer, discharging all such benefices from the payment of first fiuits. i £ • The same Statute goes on to say, “ Custodem vero dicti Collegii propter aliqua beneficia Ecclesiasticos reditus vel proventus Ecclesiasticos vel etiam temporales cujuscunque valoris existat per ipsum obtenta, vel in posterum obtinenda ab officio Custodis amoveri nolumus ; destitui vel privari duni tamen in dicto Collegio resident et officium suum gerat et debite Ali. Souls College. Jiev. Ijewis Sneyd, M.A., Warden of All Souls. Ecclesiastical preferment. exequatur.” . tt 1 25 What statutable restrictions limit the selection of your Head ? , . . „ ,, ^ i 25. The.se are set forth in Statute No. l.—“ Et de Custode et ejus electionis forma et Election of Head, juramento ejusdem.” He is to be“vir bonae conversation^ et honestm, ac in Scientia bonisque moribus et conditionibus approbatus, et in temporalibus atque spiritualibus discretus, providus ac etiam circiimspectus.” The first Warden was appointed by the King, Henry VI. ; but all future appointments are by charter vested in the election of the Fellows of the College freely, having respect only to the Statutes of the Founder. He is to be a Master in Divinity or in Arts, having completed his Regency— or a Dwtor or Bachelor of Civil or Canon Law ; but is not required by Statute to proceed to Degrees hio-her than M. A. or B. C. L. He must be one who is, or has been, a Fellow of the College. Every person who has these qualifications is eligible to the office of Warden, so far at least as the Statutes direct. , , , . i u .i 3 2f). How many benehces in the gift of your Society have been added since the original foundation.'' Will you state at what time and in what manner each was acquired ? Have you at present a fund lor the purchase of advowsons ? 26. The Warden and Fellows are patrons of 17 livings; — Benefices. New Eomney, Kent. — On the dissolution of alien priories, it fell into the hands of the Crown, and was granted to the College by letters patent, 17th of Hen. VI. Upchurch, Belonged to the Abbey of St. Mary, in Normandy ; it was granted to the College by Hen. V 1., letters patent, 18th year of his reign. Alherhury, Shropshire. — Granted by letters patent 11th of May, 19th Hen. * Harrietsham, Kent; Elmley, Kent.— lw the first year of Hen. VI. the convent of Leeds, in Kent, conveyed Harrietsham and Elmley to Henry Chicheley, Archbishop of Canteibury, the Founder, in fee, and he granted them to the College. Leiohnor, Oxon.— Belonged to the Abbey of Abingdon, obtained by the Founder, and granted by him to the College. Barking, Essex, and J//ortZ.— Granted by Sir William Petre, as executor of William Pouncet, 1557. Ilford now forms a separate Vicarage, with a new church, and also a chapel called Barkingside, recently erected. Wehmin, Herts. — Purchased by the College, 13th James I. Locldnge, Purchased by the College, 8 th Charles I. ; now annexed, by Act ot Parliament, 1766, to the Wardenship, without institution or induction. Buckland, Surrey. — Purchased by the College, 14th Charles I. Havpsdsifi OT Hcivding^ Oxou, — Purchased by the College, loth Charles I. Weston-Turville, Bucks. — Purchased by the College, 1690. Barford St. Martin, Wilts. — Purchased by the College, 5th Geo. I. AenZ.— Purchased by the College, 1751. Walton, Cardiff, Gloucestershire. — Granted to the College by a Mr. Read, 1658. Newton Broniswold, iVorZ/iampZon.— Exchanged for two small livings in Wales, by virtue of an Act of Parliament, about 15 years ago. There is a fund for the purchase of advowsons, derived from some land at Penhow, in Advowson fund. Monmouthshire. , , tt • ^ 27. Are there any Prselectorships founded in your Colleg-e for the benefit ot the whole university . Are Fellowships connected with such Prselectorships? If so, do the Statutes allow any special liberty of choice in the Fellowships so connected? 27. There are not any Prselectorships founded in this College for the benefit of the whole Prselectorships. XJmvcrsit V* 28. Has the College the nomination to the Masterships of any Schools? What control does the College exercise over such Schools ? 1 1 • , o , , 28. The Warden and six Senior Fellows nominate the Master of Feversham school in Kent. Schools. They exercise no other control, though there are some occasions on which they are called upon to act with the Mayor and Corporation, or Town Council — the local Governors. ^ 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your College? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or ordinances? 29. The nature of a Visitation, and the powers of the Visitor, are set forth in the Statute, Visitoi-. 332 OXFORD UNIVERSITY COMMISSION. All Souls College. Rev. Lewis Sneyd, M.A., Warden of All Souls. Bible Clerks. Tutors. Professors’ Lectures. Private Tutors. Attendance at chapel. chap. 32, “ De Visitatione Domini Arc^‘.” It relates to the Visitation of the Archbishop, or the Commissioner's to be by him appointed for that purpose. The Visitor has frequently interposed to interpret, explain, modify, or amend single Statutes ; but he has not power to make new Statutes, or to order that which would be in direct contradiction of the spirit or intention of the Founder. Several proofs of the Visitors’ interposition may be men- tioned. Not long after the foundation of the College, Archbishop Stratford, in 1445, claims power to act; afterwards Whitgift, 1589 ; Cranmer previously, and then Tennison, Wake, Cornwallis, Sutton, Howley, have all given Injunctions which are valid and acted on. 30. Are Gentleman-commoners in your Society called upon to pass the same examination at entrance as other persons ? Do they follow the same course of studios, and are they subjected to the same discipline, as other persons in s^atM pupillari? To what charges are they liable, beyond those borne by other independent members ? 30. Not applicable. 31. Canyon state how many members of your Society receive assistance from Exhibitions or the like, not in the aift or under the administration of your Society ? What are the sources and what is the amount of the assistance so received ? 31. There are four Bible Clerks on the Foundation. Some of them receive exhibitions from the City of London Companies and other corporations. These accidental grants do not necessarily come under my notice, except by the declaration of my opinion as to the regular habits and moral conduct of the claimant. 32. How many persons are supported, wholly or in part, in your Society as Batellers, Servitors, Bible- clerks, or the like? What are their duties, and what are their stipends or other emoluments or immunities? How are they chosen? Are they marked by any particular dress? Was the number ever greater? If so, can you state why it has been reduced? What do you consider to be the advantage or disadvantage of such a body of scholars ? 32. There are four Bible Clerks, all appointed by the Warden. They are intended to take part, and do take part, in the daily service of the chapel ; but are not necessarily considered as undergraduates, or persons to be educated in order to proceed to Degrees. In practice, however, they have all the advantages which undergraduates have in other Colleges; and, in addition, all expense of board, lodging in the College, and education, is defrayed entirely and voluntarily by the members of the College. Every advantage is afforded to them freely whereby they may obtain their education, and pass through the University with credit to themselves. All they are entitled to is the small payment of ]/. 5s. per week, to be divided between four ; this they receive. At this time they arc all of them the sons of poor clergymen, but this need not be so necessarily. They are not marked by any particular dress; they wear the scholar’s gown and cap. The number is four, and cannot be increased. In the great majority of cases I am glad to say that the Bible Clerks have turned out well. Sometimes they have distinguished themselves in the public examinations. They receive every attention from the Tutor. 33. How many Tutors are there in your Society? How many Lecturers, Catechists, or other Instructors, who are not Tutors ? Does the Head of your Society take any direct part in the instruction ? 33. One of the Chaplains is usually appointed Tutor to the Bible Clerks. The Warden does not take any part in their daily instruction, but he holds himself responsible for their habits of life, moral conduct, and attention to religious duties during the time of their residence in College, for six months or four terms in the year. 34. Are there any Tutors in your Society who are not or have not heen on the Foundation? Do they all reside within the walls ? 34. The Tutor, who is also Chaplain, attends daily to instruct the Bible Clerks. He does not live in the College. 35. Is eacl) Tutor expected to lecture on all subjects ; or is there a division of subjects? 35. There is one 'I'utor and four pupils. 36. During how many weeks in the year are Lectures given in your Society? Will you state the average number of Lectures given weekly, and the subjects? How many Undergraduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra? 36. The Tutor attends daily, except Sunday, and gives such instruction as is necessary to carry the Bible Clerks through the Examination required by the University. 37. Are any members of the College required to attend any Professor’s Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise? 37. The Fellows of the College are not required to attend any Professors’ Lectures. Those who are about to take Holy Orders attend Divinity Lectures, but this is not an order of the College. 38. Can you state how many members of your Foundation and how many independent members of the Society are engaged as private Tutors? 38. There are not any independent members. The Fellows of the College are not in the habit of taking pupils. 39. Can you state how many undergraduate members of your Society are now reading with private Tutors ? 39. There are not any undergraduate members, nor have there ever been any since the foundation of the College in 1437 up to this time. The case of the Bible Clerks has been described above. No. 32. 40. What attt'iidance at Chapel is required by your Statutes ? What attendance is actually enforced ? and by what means? Is attendance at Chapel ever enforced as a punishment ? 40. The usual service of the Church of England is performed twice every day, for at least six months in the year, — perhaps more, as the chapel is not closed during the vaca- tion until after Easter week, and after Christmas-day. All resident members of the Col- lege attend the prayers in the chapel with great regularity. It is quite the habit of the place ; nothing like compulsion is ever attempted or requii'ed. 1 he Sacrament of the Lord’s Supper is administered by the \Varden four times in the year; a sermon is preached in the chapel four times in the year. evidence. 333 All Socls College. e^'eS rr 40. coaid b. materially d.mioUh.d ? It ao, will you stale 44 atid 4 o"''TVr'Btble Clerics live free of expense, as I have already stated; then- "‘’’“T iJ^bFcdle^f rbSrI SmbS of .he College, and what fees are paid to the library by 46. ThrCo55?Library is open to all ntembers of the College, without fee or payment r»TPcfpn LEWIS SNEYD, A.M., Warden of All Souls College. Rev. Lewis Sneyd, M.A., Warden of All Souls. Library. Dear Sir, p, 1 SKNT>> with this note my answers to certain questions fronr Her Majesty s Com missioners, addressed to the Warden and Fellows of All Souls College, in a paper date ''Thope'IhaUhfanswers are pr.t in a convenient form, and that my statement of the revenue and its specific application may be sufficiently m detail to be Yours faithfully, LEWIS SNEYD. All Souls College, Oxford, 1851. Answers in reply to certain Questions from Her Majesty's Commismoners for the Univcrshy of Oxford, addressed to the Warden and Fellows ol All Souls College, in a papei da November 28, 1850. Amount of Corporate Revenues of All Souls College for the year 1850 . Rent of land Tildes . Fines upon renewals ’.mo Copyliold fines ..•••• Interest from Government Funds 315 Corporate revenues. £9,622 The revenue of 1850 has been selected as preferable to an average of seven years, on account of two material changes which have lately taken place-the fall “^n oLTai of the Corn Laws ; and on the other hand an increase of revenue by the expiration of a lease in 1849. . , 1 -1 The money in the funds is only applicable to particular purposes. Specific application of Revenues, \^oQ— Annual Paijinents. Rates, Taxes, Insurance, Agents, Collectors, Leasehold and ancient rents Eepair of College, Farm-buildings, draining, &c. • • . * Expense of Establishment, Commons of Warden and Fellows, maintenance of Bible Clerks . . • • Library — purchase and binding ot books . . ‘ ‘ rl-i i > Allowances to Warden and College Officers, Chaplains, Tutor to Bible Clerks College Servants Fuel and Lighting Various expenses. Law charges, Advowson Fund . . . • • * c xi Fund for building and repairing Parsonage-houses in the patronage ot the College . • . • • • . . • Subscriptions to Schools, Churches, and Charities .... Divided between Warden and Fellows .£520 . 921 480 590 553 710 243 157 650* 115 390 5,329 4,293 Apiilication of revenues. £9,622 • The payment to the Advowson fund is not always the same: in the year 1850 it greatly exceeded the usual average. S34 OXFORD UNIVERSITY COMMISSION. All Souls College. Rev. Lewis Snei/d, M.A., Warden of All Souls. Rather more than one-fonrth of the corporate property is let at rack-rent ; the remainder IS let upon leases for 20 years, renewable every 7 upon payment of a fine. The fine is one year and a half net value of the farm : that is, the value after deducting the reserved rent. ° Value of Warden- ship. Emolument of Wardenship for the year 1850 Rectory of Lockinge, annexed by Act of Parliament, pass though the Bursar’s hands) . . .£633 net value (this does not 300 £933 Value of Fellow- ships. Doctors’ Fellowships and College Officers — each Masters of Arts and B.C.L. B.A. and S.C.L. Fellows . . . ' £. s. 130 0 92 0 75 10 The above statement has been taken from the bursar’s books, and verified by Mr. Arthur Bigge, M.A., p'ellow. Acting Bursar. February 17, 1851. LEWIS SNEYD, Warden of All Souls College. Magdalen College. MAGDALEN COLLEGE. Rev. M. J. RoutJi, D.D., President of Magdalen College. To Letters II. and III. of Her Majesty’s Commissioners the following Answers were received : — Reverend Sir, Magdalen College, February 6, 1851. Having received from you papers, in which I am requested to supply information relative to Magdalen College, I find, that I am bound in conscience to return the enclosed answer to the proposal. I am. Reverend Sir, Your faithful and obedient Servant, M. J. ROUTH. The Rev. A. P. Stanley, Felloto of University College. [The Enclosed Answer was as follows : — ] Magdalen College, Oxford, February 6, 1851. In an application addressed to the President of Magdalen College, Oxford, and com- municated by the Rev. Mr. Stanley, of University College, information is requested resjiectino- the College property ; and a supply of a copy of the Statutes and Visitatorial Decrees pro° posed. The President declines giving information concerning property which he is not conscious of having misused or misapplied; or surrendering Statutes for alteration or revision, which he has sworn to observe, and never directly or indirectly to procure an alteration of, or dispen- sation from. Finis et conclusio omnium statutorum, the President’s oath, and Questions 13, 16, and 22. M. J. ROUTH. Charles Reade,Esq., D.C.L., Vice-President of Magdalen College. Magdalen College, Oxford, February 6, 1851. In an application addressed to the President and Fellows of Magdalen Colleo-e, and communicated by the Secretary to Her Majesty’s Commissioners for the University of Oxford, information respecting the College property is requested, and also a copy of the Statutes and Visitatorial Decrees. The Fellows respectfully decline to give the information requested or to supply the Com- missioners with a copy of their Statutes. I am. Sir, Your obedient Servant, CHARLES READE, Vice-President. The Rev. A. P. Stanley, Secretary to the Commission. EVIDENCE. 335 BRASENOSE COLLEGE. To Letter I of Her Majesty’s Commissioners the following Answer was received:— T Tllp Brasenose, Oxford, Octoher 2% My Lord Bishop, " , • , i c i oi I H.VB the honou,- .o .he ^ a O .hat I ;m assist the Commissioners by famishing snch .niorn.alion as may be within my power. ^ My Lord Bishop, Your Lordship’s faithful Servant, r riKT -h RICHARD HARINGTON. Tlie Lord Bishop of Norwich. Brasknose College. Rev. R. Haring ton, D.D., President of Brasenose. To Letter II. of Her Majesty’s Commissioners the following Answer was received .- Sir, Brasenose, Oxford, December 2, 1850. I have the honour to acknowledge the receipt of a printed letter addressed ^y you to he Principal and Fellows of this College on the part of Her Majesty s Commissioneis foi the University of Oxford, containing five questions concerning the sources and application of our ^orporate^ and other Revenues, and a request to be furnished with a copy of our Colle,,e Statutes and with any decrees made by our Visitor. , , , , , i Your ’letter is dated on the 28th ult. ; it reached me on the 2dth, and has been this day 'uVirvi if tpfl to thp consiclcrcition of cL CoHg^g niGctin^. ^ ’ I am directed to state, that the Principal and Fellows of this College (as at present advised) ao not conceive themselves at liberty to publish information concerning their Corporate Revenues, or other internal affairs of their Society, at the instance of parties with the object of whLe inquiries they are unacquainted, and for whose authority to inquire they can find no warrant, either in the Statutes of their Founders or in the Charter of their Incorporation. I have the honour to remain, air. Your obedient humble Servant, . V a, , RICHARD HARINGTON. The Rev. A. P. Stanley. Corpus Christi College. CORPUS CHRISTI COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received My Lord, Corpus Christi College, Octohei 28, 1850, peu, James Norris, 1 1 .1 • r m-fUliin’s letter on the part of Her President of I HAVE to acknowledge the receipt of and Revenues of Corpus Christi Majesty’s Commissioners for inquiring into the Sta e, Discipline, , ’ , • j q ^ . College. the University of Oxford, and accompanying a copy of the Commission undei which they , I have the honour to be, My Lord, Your very faithful Servant, The p„Jft “ ■ CfaSi Cclkge. To Letter II. the following answers were received. Corpus Christi College, Oxford, February 21, 1851. Reverend Sir, The circular letter of the Oxford University Commission, forwarded by you on the ;8th of November last to the President ami Fellows of this college hereof occupied out serious consideration, I now beg on behalf of myselt and the questions relating to the amount and application of our Corporate Ueve- 4orate tZnues I believe the ’subjoined general statement w.ll supply the rnformat.on nues. ’°cfur inJomo arises almost entirely from laud and houses, only a small part being derived Yom investments in the Government funds. the society Our manorial property is copyhold for lives. About ^ iiscontinued the practice of granting renewals in this kind Droplrty is let income therefore arising from this source is at present small. ;Z‘Zf,"P“s beinw principally on beneficial leases for 20 years at renewable every seven years on payment of a fine. A lew ^ ^ rent, the leases having been allowed to run out, and some other leases are “Km these sources our corporate revenue is about 85001. T|'f/“Zi'4rn4tm our actual receipts, but is arrived at by supposing that we are still tn those estates of which the leases are running out ; whereas, while that process «ou ^ , the septennial fines are not received. ^ 336 OXFORD UNIVERSITY COMMISSION. Corpus Christi College. Rev. James Norris, D.D., President of Corpus Christi. Value of Headship, Fellowships, Chaplainries, Scholarships, and Exhibitioners. Statutes. tile Colic receives on the average 1000/. a year. Twenty Fellows receive -00/. a year each on the average. In addition of this 300/. a year is divided amongst such as hold college offices, viz. the I utors, Deans, and Bursars. Two Chaplains r<;ceiv'e about 50/. a yeai each, and a clerk ot accounts 50/. To each of twenty scholars, four exhibitioners, and seven servants about 40/. a year is paid. We carry 500/. a year to a reserved fund for geneial purposes. I he remainder of our income is exhausted by the following charges, viz., wages of college servants, assessed and property taxes, insurance and repairs of college buildings, tradesmen s bills, and subscriptions to parochial and diocesan societies. We have no unincorporated scholarships or exhibitions in our College. Secotidh/. The letter contains a reejuest that Her Majesty’s Commissioners may be furnished by us with a copy of our Statutes and with any decrees made by the Visitor. In making this request we presume Her Majesty’s Commissioners do not wish us to send them those copies of our Statutes which our Founder directed should be preserved within the walls of his college. It is probably known to them that a draft copy of our Statutes may be seen in the Bodleian Ld)rary, and that an Fnglish translation of them has been published. As however this translation does not possess the authority of an original, and does not in all points agree with the actual Statute-book, we are willing to permit the manuscript in our possession to be collated, in the presence of a college officer, by any person authorized by Her Majesty’s Commissioners, and we are also willing under the same restrictions to furnish a copy of any decrees made by the Visitor. James Norris, To the Rev. A. F. Stanley, President. Secretary, ^-c. ^'c. The Tutors of^ Corpus Christi College. Statutes. Alteration. Non-observance of .Statutes. Residence and marriage of the Head. The Fellows. Restrictions of Fellowships. Elections and examinations. To Letter III. of Her Majesty’s Commissioners the following Answ'ers were received: 1. Is your Society g-overned by Statutes ? If not, are there any orders or rules by which it is governed? 2. If tlie Society is governed by Statutes, were those Statutes given by the Founder? Are the original Statutes in force, whol)}' or in part? If they are not in force, by what authority, and when have they been altered ? 1 & 2. It is governed by Statutes given by the Founder, which are only partially in force. They have been superseded in some points by the change of religion, modified in others by injunctions ot the Visitor, and in others have fallen into disuse by reason of the altered state of things in the University. 3. Is there any provision in your present Statutes for their alteration or amendment ; or was there, in your original Statutes, any such provision? 3. There is no provision tor making any alteration in the Statutes, but only for making bye- laws, provided such laws are not at variance with the Statutes. 4. Vs ill you state in what respects, if any, your Statutes have ceased to be observed, whether owing to lapse of time or other causes? 4. The Statutes have ceased to be observed literally — 1st. In respect of religious services. 2nd. In respect of residence. 3rd. In res))ect of the cour.se of study and methods of instruction, and the manners marked out by the Founder. 5. In what cases is the non-residence of your Head or your Fellows permitted by the Statutes, and how many of your Fellows are non residents ? Would the University or the College be benefited, in your opinion, by the general enforcement of residence? 6. Is the marriage ot the Head of your College permitted by the Statutes? If not, by what authority is such permission granted .? Is that permission applicable to any other Members of the Foundation, besides the Head ? .5 & 6. The grounds on which jtermission for non-residence may be obtained are given in c. 29. The present number of non-residents is 13. It is only implied that the President will be unmarried by his being required to be a priest (sacerdos). At the Reformation a “sacerdos” became marriageable, so that there is now no legal impediment. In the case of the Fellows it is expressly said that their Fellowships will be vacated by marriage. 7. Does the College consist of several Foundations ? if so, do the Fellows on the several Foundations enjoy the same rights and advantages.? 8. Are there in your College any unincorporated or Bye Fellows? If so, by what Statutes are they governed ? Do you consider such Fellowships benefieial to the Society ? Or do you think their pre- sent position might be altered with advantage ? 7 & 8. No. 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders? 9. None are open without restriction, they are all limited to certain dioceses and counties, with the exception of one which is for Founder’s kin. 10. Will you quote the clauses of your Statutes on which any such restriction rests, ,together with any special reasons which the Founder or framer of your Statutes may have had for this restrietion. 10. See Statutes, c. 9 ami 14. 11. Is the restriction absolute? If not, has the College availed itself of any facilities which the Statutes allow for opening the Foundation ? 11. Tlie restriction is absolute to certain counties. In case of no eligible Candidate appearing for a particular county, the College has occasionally thrown open the election to all the coun- ties on the foundation. 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strietly according to merit? Is such merit tested by examinations ? 14. The Scholarships are disposed of strictly according to merit, rigorously tested by examinations. EVIDENCE. 337 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like? What is the practice in this respect? i r 15 That if the Scholars have attained the degree of M.A. they shall succeed in order ot seniority, and that if there be no M.A. a decided preference be given to our own Scholars above other members of the University belonging to the county , ior which there is a vacancy. 17. Are the Fellows of your College obliged to proceed to the higher Degrees ? If so, in what Facult s Corpus Christi College. The Tutors of Corpus Christi College. Decrease of Fellow- ships. Commoners. Property disquali- fication. Clerical restric- tions. 17. Are the renews 01 your v^oiiesre uuiigeu lu ..■o--'. --o-- - r la tlia 17. Yes, in Theology. The Fellows are bound to proceed to the degree ot D.L». at tne Higher Degrees, Do your Statutes enjoin that your Fellowships, Studentships Scholarships, or the be inc^^^ diinished in number as the revenues of your College vary Has such provision of the ^^n acted upon ? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society ? . , , i_ r 18. There is a decided provision for a decrease in the number of the revenue fund, vide ch 55 'I’he Founder does not appear to have contemplated an increasing revemie. 19 Do your Statutes contemplate the residence in College of any Undergraduates not on the Do they forbid it? Will you quote the clauses in your Statutes on which such permission or prohibi- 19 They permit the admission of “ sex nobilium hhi aut jure regni peritorum, see c- ^4. 20 What amount of property vacates a Fellowship, Scholarship, or the like, according to your Statutes Is the rule enforced eqLlly with regard to real and personal property ? Do you conceive that the enfoi ce- ment of such a rule at the present time would be beneficial to the Society ? 20. An annual income of “ centum solidi” statutably vacates a Fellowship (this is fixed by the Visitor at 200Z. landed property), the rule is only enforced in regard to real property. 21 Is the Head of your Society statutably required to enter into Holy Orders? How many ot your Fellows, Students, or the like, are subject to the same rule? If the Statute be not obser^d on w' hat authority does the non-observance or dispensation rest? Is the obligation to enter into Ho y Ur ers expressly laid down by Statute, or is it deduced from an injunction to study theology, from an injunction to discharge clerical duties now’ disused, or from any other like provision ’ 21. It is expressly laid down in the Statutes that all the Fellows take Holy Orders, except one who may be deputed to the study of Medicine. - t u i • ■ 22 Are your Fellow’ships confined to persons of a certain Universtty standing? Is the admission Undergraduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, pro- ductive of inconvenience? 22 Answer 1^. 23. Are clergymen excluded from presenting themselves as candidates for your Fellowships? Are laymen ? 23. Persons are not excluded on either ground. 24. Are Fellows or other members on your Foundation allowed by Statute or other authority to hold eccle- siastical preferment ? and, if so, to what amount? 24. Doctors of Divinity are allowed to hold preferment not exceeding 10/,, other Fellows not exceeding 8/., in the Book of Valuation of Pope Nicolas. 25 . What statutable restrictions limit the selection of your Head ? 25 Chiefly that he must be or have been a Fellow, and that he be in Holy Orders. 26. How many benefices in the gift of your Society have been added since the original Foundation ? Will you state at what time and in what manner each was acquired ? Have you at present a fund lor the purchase of advowsons ? 26. We do not possess exact information. , tt ■ • i a 27 Are there any Praelectorships founded in your College for the benefit of the whole University. Are Fellowships connected with such Preelectorsiiips ? If so, do the Statutes allow any special liberty ot choice in the Fellowships so connected ? t-,- • • i t’ ii 27. There are three such Prajlectorships, sc. of Latin, Greek, and Divinity, and Fellow- ships are connected with them, see c. 21. (The Founder appears to have contemplated three, but only the two former were actually founded.) , r. n 28. 'Has the College the nomination to the Masterships of any Schools? What control does the College exercise over such Schools ? • i /-i 28. The College has the nomination to the first and second Masterships ol the Grammar Schools at Manchester and Cheltenham, of the latter of which they are the Trustees. 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your College ? Has the Visitor ever interposed his authority to relieve the College from the observance oi any of the Statutes, or to make new Statutes or Ordinances ? o j u" v 't 29. The Visitor is allowed a power of interpretation and injunction, Super dubiis Visitor. - statutorum emergentibus,” see c. 13 and 55; and has frequently interposed his authority for the modification of the Stalutes, or dispensing with their literal observance. 30. Are Gentleman-commoners in your Society called upon to pass the same examination at entrance as other persons ? Do they follow the same course of studies, and are they subjected to uie same disci- pline, as other persons in statu pupillari? To what charges are they liable, beyond those borne by other independent members ? 30. We have ceased to take Gentleman-Commoners. 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society ? V hat are the sources and what is the amount of the assistance so received ? 31. We believe that about two-thirds of our Foundation members receive assistance Irom Ecclesiastical preferment. Praelectorships. Schools. Gentleman- Commoners. Exhibitions. schools and public companies. „ o • u i i m i 32. How many persons are supported, wholly or in part, in your Society as Batellers, Servitors, Bible Llerks, or the like ? What are their duties, and what are their stipends or other emoluments or immunities ? How are they chosen ? Are they marked by any particular dress? Was the number ever greater ? If so, can you state why it has been reduced ? What do you consider to be the advantage or dis- advantage of such a body of scholars ? /-.i ■ 32. We have four Exhibitioners, two of whom were designed by the Statutes to be Choristers, and two in Minor Orders. They are appointed by the President and Bursars. 33. How many Tutors are there in your Society? How many Lecturers, Catechists, or other Instructors, Tutors, who are not Tutors ? Does the Head ot your Society take any direct part in the instruction ? 33. There are three Tutors, and during the present year there has been one Mathematical Lecturer. The President does not take part in the tuition. 4 Y 2 338 OXFORD UNIVERSITY COMMISSION. Corpus Christi College. The Tutors of Corpus Christi College. Lectures, Private Tutors. Attendance at chapel. Religious insfruc tion. Expenses. Library members. Opinion of the Bishop of Win- chester as Visitor. 34. Are there any Tutors in your Society who are not or have not been on the Foundation? Do they all reside within the walls ? 34. No ; they all reside within the walls. 35. Is each Tutor expected to lecture on all subjects ; or is there a division of subjects ? 35. There is a division of subjects. 36. During how many weeks in the year are Lectures given in your Society? Will you state the average number of Lectures given weekly, and the subjects? How many Undergraduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra? 36. Lectures are given during 24 weeks in the year. There are about 30 lectures a week, embracing Divinity, Moral Philosophy, Ancient and Modern History, Scholarship, Logic and Mathematics. Five Undergraduates are reading in the higher parts of Mathematics. 37. Are any members of the College required to attend any Professors’ Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise ? 37. No. 38. Can you state how many members of your Foundation and how many independent members of the Society are engaged as private Tutors ? 38. None. 39. Can you state how many Undergraduate members of your Society are now reading with private Tutors? 39. About six. 40. What attendance at Chapel is required by your Statutes ? W’hat attendance is actually enforced ; and by what means? Is attendance at Chapel ever enforced as a punishment? 40. The attendance actually enforced is once a-day, and twice on Sundays and Holidays. Attendance at Chapel is not ordinarily enforced as a punishment. 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in other W'ays? 41. There are no Sermons or Lectures delivered in the College Chapel. 42. What is the average amount of the “ Battels” of each independent member of your Society ? What was the highest and what W’as the lowest amount in the year 1849 ? 42. The average amount for Gentleman-Commoners has been about 130/., including tuition, rooms, &c. We cannot yet say what the average for Commoners will be. 43. Will you have the goodness to supply the Commissioners with a weekly Battel Bill of the average amount, and with a quarterly Battel Bill for each of the four quarters of 1849, also of the average amount ? 43. VVe enclose an average weekly bill. Corpus Christi College. Mr. Hyde, Zrd Week. Quarter, 1851-2. Beginning \7th October. Friday. Saturday. Sunday. Monday. Tuesday. Wednesday. ^Thursday. s. d. s. d. S. d. s. d. s. d. s. d. s. d. £. s. d. Breakfast . , , * , * , • • Lunch .... 0 1 0 3 0 6 0 4 0 4 0 3 0 1 9 Dinner .... 1 1 1 2 1 1 I 1 1 1 1 1 1 1 0 7 8 Supper .... • . • . . . . . . • • . . . Buttery. 1 1 0 8 0 8 0 7 0 5 0 6 0 5 0 4 4 Coals and Faggots . .. .. 0 2 4 Letters .... •• • • • • • • • • Total of Week . •• •• 0 16 1 46. Is the College library open to all members of the College, and what fees are paid to the library by each member? 46. The Library is only open to those above the degree of B.A. 47. What number of Undergraduates is your College capable of accommodating? 47. About 12, besides the Foundation members usually resident. J. M. Wilson. George Hext, Tutor. Henry Pritchard, Dean. G. F. De Teissier, Tutor. On receiving the request of Her Majesty’s Commissioners to be furnished with a copy of their Statutes, and with answ'ers to certain questions, the President and Fellows of the College consulted their Visitor, the Bishop of Winchester, as to whether he saw any statutable objec- tion to their complying with the request. His reply was, that he saw no statutable objection. EVIDENCE. 339 CHRIST CHURCH. In reply to Letters II. and III. no answers were received from Const Church Christ Church. July 9, 1851 . The following is a tabular form, giving examples year, by an economical and expensive commoner ; and moner’s College expenses at Christ Church; — of the College bills paid during the last also examples of a Gentleman -com- Rev. C. R. Cony- heare, M.A. COMMONERS. Hilary Term. Easter anb October Terms. Michaelmas Term. Low. High. Low. High. Low. High. To the Butler, for University and College dues, tax, decrements, tuition, servants, bread, butter, beer, cheese, &c. . o To the Manciple, for meat and vegetables . To the Cook, for meat at breakfast, luncheon, and supper £. «. d. 10 13 0 3 10 0 2 2 0 £. s. d. 13 7 0 3 10 0 3 10 0 5 5 0 £. s. d. 15 0 8 4 2 0 2 2 0 £. s. d. 18 0 0 4 2 0 3 10 0 5 5 0 £. s. d. 13 3 0 4 2 8 2 2 0 £. s. d. 15 0 9 4 2 8 3 10 0 5 5 0 GENTLEMAN-COMMONERS. To the Butler, as above ...... To the Manciple, as above ..... To the Cook, as above 24 0 0 11 15 5 3 3 0 28 0 0 11 15 5 6 0 0 5 5 0 23 0 0 12 15 10 3 3 0 30 0 0 12 15 10 6 0 0 5 5 0 27 0 0 12 2 0 3 3 0 29 0 0 12 2 0 6 0 0 5 5 0 The above are all the bills paid to the College. There remains, of necessary expenses of College life, Istly, washing ; 2ndly, coals ; 3rdly, candles; 4thly, cream ; 5thly, tea, sugar, &c - 6thly, books; and, as very much of the advantage of an University education seems to me to be owlntr to the awakening and liberalizing inHuence of men’s intercourse with each other, I ought "to add (though it is not, strictly speaking, a necessary) a seventh item, social expenses ; what all these have been lor the last year to a man living economically, and yet mixing in society, I have added below : — Per Annum. Washing Coals Candles . Cream . Tea, sugar, &c. Books Wine and dessert £. s. d. 7 10 0 7 16 0 1 5 0 1 16 0 4 10 0 5 10 0 11 0 0 £39 7 0 Subscription to boat club, cricket club, fees to postmen, and Christmas-boxes. 3 3 0 The only remaining expenses are those of dress and travelling, which, of course, depend entirely on the individual. I have not taken the lowest expenditure I know of, but one which is a fair sample of what any man might, with no very difficult measure of self-denial, follow. CHARLES R. CONYBEARE, M.A., Eeader. 340 OXFORD UNIVERSITY COMMISSION. Tkinitv College. TRINITY COLLEGE. Rev. J. Wilson, Letter I. of Her Majesty’s Commissioners the following Answer was received: D.D., President of ^ Trinity College. Lord, Trimly College, Oxford, October 28, 1850. I HAVE the honour of acknowledging the receipt of a printed copy of Her Majesty’s Commission for inquiring into the State, Discipline, Studies, and Revenue's of the University and Colleges of Oxford, and the accompanying letter of your Lordship of the 2 1st ultimo ; and am. My Lord, Your Lordship’s obedient humble Servant, J. WILSON, President. The Right Rev. the Lord Bishop of Norwich, ^c. ^c. St. John's College. ST. JOHN’S COLLEGE. Rev. P. Wynter, To Letter I. of Her Majesty’s Commissioners the followinof Answer w'as received: — D.B., President of ° St. John’s College. St. John's College, Oxford, My Lord, October 30, 1850. I have the honour to acknowledge your Lordship’s letter of the 21st instant, received on the 27th, accompanying a copy of the Commission which Her Majesty has been pleased to issue for inquiring “ into the State, Discipline, Studies, and Revenues” of the Ltniversity of Oxford and “ of all and singular the Colleges” in that University. As the matters embraced within so wide a range of subjects affect the Fellows of my College no less than myself, I ]n'opose to take an early opportunity of laying your Lord- ship’s communication before them, when, if it should be necessary, I will take the liberty of addressing your Lordship again. I have the honour to be. My Lord, Your Lordship’s faithful Servant, The Lord Bishop of Norwich. P. WYNTER, President. To Letters II. and III. of Her Majesty’s Commissioners the following Answers were received : — St. John's College, Oxford, M\ Lord, January 1, 1851. In reply to a letter which I had the honour to receive from your Lordship as one of Her Majesty s Commissioners appointed to inquire into the state of the University of Oxford, &c , I stated that I would take an early opportunity of laying your Lordship’s communication before the Fellows of my College. 4 his I have done. A very numerous meeting assembled here, and I am requested by those present to make Her Majesty’s Commissioners acquainted with the result of our deliberations. In addition to your Lordship’s letter with its enclosure, 1 communicated to the meeting three printed letters received from the Secretary, Mr- Stanley, and after a lengthened dis- cussion, it was resolved that to inquiries addressed by the Commissioners to any Officer of the College in reference to its state, discipline, or studies, all reasonable information be supplied ; but that touching its corporate and other revenues it be respectfully intimated to the Commissioners that the President and Fellows of St. John’s College decline to furnish the information asked for. Also that they do not consider themselves at liberty to transcribe and transmit copies of their Statutes and regulations to the Commissioners. The distinction made in regard to the respective heads of inquiry above adverted to, will, no doubt, be the subject of remark. But though I would not trouble your Lordship with a detail of the reasons which influenced the majority of the meeting to adopt such distinction, I may perhaps be permitted to observe that as on the one hand they involve no disrespect to Her Majesty’s Commissioners, so on the other they reflect no discredit on this Society, bound as it is by its Statutes, and authorized by the law of the land to carry into effect the will and intentions of the Founder. I have the honour to be. My Lord, Your Lordship’s faithful Servant, The Lord Bishop of Norwich. P. WYNTER, President. EVIDENCE. 341 Answers to Letter III. from the Rev. R. W. Browne* M.A., Professor of Classical Literature in King's College, London, and. late Fellow and T utor of St. John s College. gjjj King’s College, London, Bee. 14, 1850. I BEG t'o acknowledge the receipt of your questions of the 6th instant. As it is now eleven years since I ceased to be Fellow and Tutor of St. John s College, Oxford, and I have no means of referring to the Statutes of that College, the information which 1 can give respecting them is only based on recollection and on general impressions respecting their contents. On other points my evidence principally applies to the College during the years in which I was Tutor, namely from 1831 to 1835. ^ I have the honour to be The Rev. A. P. Stanley, your obedient Sfc. Sfc. • • 1. Is your Society governed by Statutes? If not, are there any orders or rules by which it is governed ? r e 1. St. John Baptist’s College is governed by Statutes. I am not aware ot any other rules or orders for its government. 2. If the Society is governed by Statutes, were tliose Statutes given by the Founder Are the original Statutes in force, wholly or in part? If they are notin force, by what authority, and when have they been altered ? 2. The Statutes were given by the Founder, and are, with the exception of those to which the Reformation has rendered obedience impossible, unrepealed, and therefore in force. 3 Is there any provision in your present Statutes for their alteration or amendment , or was there in your original Statutes, any such provision ? 3. I am not aware of any provision existing in the Statutes for alteration or amend- ment, except by the interference of the Visitor, but how far his power extends I do not know. 4. Will you state in what respect, if any, your Statutes have ceased to be observed, whether owing to lapse of time or other causes ? 4. I cannot specify what particular Statutes are not observed, but have no doubt that there must be many cases of non-observance, as many through lapse of time must have become inconvenient and unsuited to the present day. 5. In what cases is the non-residence of your Head or your Fellows permitted by the Statutes, and how many of your Fellows are non-residents ? Would the University or the College be benefited, in your opinion, by the general enforcement of residence ? 5. Few of the Fellows are resident except those who hold College offices. I do not think that the University or College would be benefited by the enforcement of residence, because (1) it would prevent the majority of the Fellows from being usefully occupied in their respective professions ; (2) only the residence of those who reside for the purposes of study could possibly be beneficial, as, although residence might be made compulsory, studious habits could not be enforced ; (3) the occupation of the rooms by so large a body of Fel- lows would preclude the possibility of having any independent members. 6. Is the marriage of tl'.e Head of your College permitted by the Statutes ? If not, by what authoiity is such perrnission granted. Is that permission applicable to any other Members of the Found- ation, besides the Head? 6. I do not think the marriage of the President is at all prohibited by the Statutes, modified as they would be in this respect by the permission of clerical marriages since the Reformation : that of the Fellows is decidedly. 7. Does the College consist of several Foundations? If so, do the Fellows on the several Found- ations enjoy the same rights and advantages? St. John’s College. Rev.'R. W. Browne, M.A. Statutes. Founder. Alteration of Statutes. Non-observance of Statutes. Residence of Fellows. Marriage of the- Head and the Fellows. 7. There is but one Foundation in the College. 8. Are there in your College any unincorporated or Bye Fellows? If so, by what Statutes are they governed? Do you consider such Fellowships beneficial to the Society ? Or do you think their present position might be altered with advantage? 8. There are no unincorporated or Bye Fellows. 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders ? 9. There are no Endowments whatever open to competition without restriction. 37 Fellows are elected from Merchant Jailors’ School if so many can be found duly qualified; ^ if not, they are to be elected from Christ’s Hospital, and next from any school in London. 2 are elected from Reading, 2 from Coventry, 2 from Bristol, 1 from Tunbridge, and 6 must be of kin to the Founder. 10. Will you quote the clauses of your Statutes on which any such restriction rests, together with any special reasons which the Founder or framer of your Statutes may have had for this restriction. 10. The Founder states in his will that he is especially bound to the Londoners, and above all to the Company of Merchant Tailors, of which he was a member. He therefore enacts that, after an examination by the President and two Senior Fellows of St. John’s and two other learned men, the Master, Wardens, and Assistants of the Company shall elect the Probationary Fellows or Scholars, who must be approved by the President, * For Professor Browne’s general Evidence, see Part I., p. 4. 342 OXFORD UNIVERSITY COMMISSION. St. John’s College. Rev. R. W. Browne, M.A. Connexion of Scholarships and Fellowships. Higher Degrees. Increase of Fellowships. Property disqualification. Clerical restrictions. Academical restrictions. Fellows, and Examiners. This election takes place on the 11th of June in London. Tho scholars elect are then examined again at Oxford for admission. 11. Is the restriction absolute? If not, has the College availed itself of any facilities whicli the Statutes allow for opening the Foundation ? 11. If the candidates are in the opinion of the Examiners qualified, the restriction is ab- solute. Instances have occurred, especially of late years, of Scholars and Fellows being rejected on the ground of unfitness. In one case the corporation of Reading threatened an action to compel the admission of their scholar, but I do not think it was ever brought into court. 13. Do you consider the present restrictions, if any, on the election of your Fellows, Students, Scholars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? 13. I have stated my opinions on this point in my former evidence. 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly according to merit ? Is such merit tested by examination ? 14. The Fellowships, &c., cannot be disposed of strictly by merit, because all that the Statute allows the College to demand is fitness. Nevertheless, to be elected to a Merchant Tailors’ Fellowship is an evidence of merit, as a boy who gains one must have worked his way to the top of a school of 250 boys in which there is no foundation and no privilege whatever, and in which the number superannuated yearly is very large in proportion to that of those who gain their scholarships. 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships or the like? What is the practice in this respect? 15. The Scholars are Probationary Fellows, and at the end of 3 years are, if their fitness is proved by examination, elected full Fellows. The Founders’ kin are full Fellows imme- diately. 16. If your Fellowships are limited to those who are or have been Scholars, or the like, of your Society, has this system been found beneficial to the College ? 16. My opinion has always been that, as a general rule, the more open Fellowships and Scholarships can be, the better it is for the College. 17. Are the Fellows of your College obliged to proceed to the higher Degrees? If so, in what Faculties ? 17. What the exact provisions of the Statutes are I do not know, but the Fellows always proceed to the degrees of D.C.L., M.D., or B.D., in obedience to the Statutes. 18. Do your statutes enjoin that your Fellowships, Studentships, Scholarships, or the like, be in- creased or diminished in number as the revenues of your College vary ? Has such provision of the Statutes been acted upon ? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society ? 18. I do not think that there is any injunction in the Statutes to this effect, nor do I think it could well be acted upon if there were, d’he provision for Domus is so liberal that little is left comparatively to divide amongst the Fellows. The income of an under- graduate and B.A. Fellow is not more than 60/., that of an A.M. Fellow about 100/.: of the income of the higher graduates I have no knowledge, as I vacated my Fellowship before I arrived at a higher degree. But a regular scale is fixed by Statute, which is strictly observed. 20. What amount of property vacates a Fellowship, Scholarship, or the like, according to your Statutes? Is the rule enforced equally with regard to real and personal property?^ Do you conceive that the enforcement of such a rule at the present time would be beneficial to the Society ? 20. 1 do not know what the regulations of the Statutes are respecting property, nor do 1 know how they are enforced, as I never was one of the 10 seniors who are the governing body. I know of one instance of a Fellow voluntarily resigning his Fellowship on inherit- ing a small property, and another instance of one doing so on becoming entitled to a Government pension. The enforcement of such a rule, in fact of any rule Avhich Avould render the succession more ra,pid, Avould be beneficial, but still the limit should be fixed liberally and in accordance with the scale of incomes of men of similar rank and station at the present day. 21. Is the Head of your Society, statutably required to enter into Holy Orders? How many of your Fellows, Students, or the like, are subject to the same rule? If the Statute be not observed, on what authority does the non-observance or dispensation rest? Is the obligation to enter into Holy Orders expressly laid down by Statute, or is it deduced from an injunction to study theologv, from an injunclion to discharge clerical duties now disused, or from any other like provision ? 21. All the Fellows are obliged to enter into Holy Orders, with the exception of 12 who graduate in law, and one who may proceed in medicine under the title of College Physician, i am not sure whether the reason may not be because the former are obliged to proceed to the B.D. degree. 22. Are your Fellowships confined to persons of a certain University standing ? Is the admission of Undergraduates to Fellowships, or the restriction ot Fellowships to persons oi particular degrees, productive of inconvenience ? 22. I'he Fellows are elected at three years’ standing. I do not think inconvenience need arise from this practice if the ([ualilication required is high enough, but the practice of the Founders’ kindred being full Fellows immediately a])pears to me highly objecticnable. EVIDENCE. 343 24 . Are Fellows or other members on your Foundation allowed by Statute or other authority to hold ecclesiastical preferment? and, if so, to what amount? 24. I believe that Fellows are not allowed to hold preferment of above lOZ. value in the King’s boohs from any source whatever. In the case of College preferment, the fellowship is invariably resigned, however small the value. The only exceptions to this are the four Colleo-e curacies in and near Oxford, which are of very small value. O 25. What statutable restrictions limit the selection of your Head ? 25. The President must be elected from those who are or have been Fellows. 26. How many benefices in the gift of your Society have been added since the original Foundation? Will you state at what time and in what manner each was acquired . Have you at present a fund "for the purchase of advowsons ? 26. Some advowsons were given to the College by Archbishop Laud ; others have been bought from time to time with a fund left to the College for that purpose. 27. Are there any Praelectorships founded in your College for the benefit of the whole University r Are Fellowships connected with such Prmlectorships ? If so, do the Statutes allow any special liberty of choice in the Fellowships so connected? 28. Has the College the nomination to the Masterships of any Schools . M hat contro. does the College exercise over such Schools? 27 and 28. No. St. John’s College. Rev. R. W. Broivne, M.A. Ecclesiastical preferment. Election of the Head. Advowsons. 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your College ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or Ordinances? „ 29. Bachelors of Arts were formerly obliged by Statute to reside three Aveeks in every term until their M.A. degree. About the year 1829 or 1830 they Avere relieved from this. This is the only instance which 1 remember of the interpo.sition of the Visitor in my OAvn time. About 20 years after the Founder’s death I believe itAvas found that there Aveie no funds for the maintenance of the choir ; consequently an appeal Avas made to the Visitoi to sanction its suppression. The choir Avas afterwards endoAved and placed on its piesent footing by the munificence of a private benefactor, Sir William Paddie. .80 Are Gentleman-Commoners in your Society called upon to pass the same examination at entrance as other persons? Do they follow the same course of studies, and are they subjected to the same discipline, as other persons in statu pupillari} To what charges are they liable, be} ond those borne by other independent members? 30. The College did not admit Gentleman-Commoners until after I ceased to be Tutor. 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society ? What are the souices and what is the amount of the assistance so received? 31. There are six AndrcAvs Law Scholarships of 50Z. per annum, tenable for tAvehm years, unless the Scholar enters into Floly Orders ; and one Stuart s Exhibition, of about the same value, or rather more, tenable for seven years. These are giA'en according to the Avills of the Founders, respectively, to superannuated Scholars of Merchant Tailors School. They are paid by the Merchant Tailors’ Company as trustees, on the production half-yearly of a certificate from the President, stating that the Scholar is well-conducted and has kept all required residence. 32. How many persons are supported, wholly or in part, in A'our Society as Batellers, Servitors, Bible- Clerks, or the like ? What are their duties, and what are their stipends or other emoluments or immunities? How are they ctiosen ? Are they marked by any particular dress? Was the number ever greater? If so, can you stale why it has been reduced? What do}ou consider to be the advantage or disadvantage of such a body of scholars'? Visitor. Gentleman- Commoners. Exhibitions. 32. There are tAvo Bible Clerks, Avho have rooms and tuition free ; and the same alloAv- Bible Clerks ance in hall toAvards table as the Scholars, namely, about 2s. per Aveek. The stipencl of the senior is about 40Z. per annum, that of the junior about 20Z. The Bible Clerkships are tenable for four years, and the junior succeeds to the senior s place on a vacancy occuiiing. Their duties are to prick the names of the Undergraduates in chapel, and to find out the lessons for the day ready for the reader. At the administration of the Sacrament of the Lord’s Supper they collect the alms. They are appointed by the President, Avho always appoints the son of some peison of limited means ; if possible, the son of a clergyman. Their dress is the same as that of the Scholars ; they sit at their table in hall, and are treated in every respect, both by the authorities and the Undergraduates, in the same Avay as the other students. I consider the Bible Clerkships most beneficial. The Bible Clerks, if Avell conducted, Avhich is almost universally the case, are treated Avith the utmost kindness and respect. They never have occasion to think themselA’’es inferior to the other men ; and although they mix in the society of the College on a footing of perfect equality, it is fully understood that, if they ask any friends to their rooms, they are to do so in the most inexpensive AA'ay. An extravagant Bible Clerk Avould lose the respect and good opinion of the other undm - graduates. Some of the St. John’s Bible Clerks have been highly distinguished in the Universitv. This very year one is in the first class. Thei’e should be, in my opinion, some emoluments such as these are, and such as are the sizarships of Cambridge, Avhich poor scholars can hold without a feeling of degradation, and Avhich are restricted to poor men. Scholar.ships, like all University honourable distinctions, should be o])en to all Avithout distinction of rank or property. This principle is as beneficial to the poor man as to the rich, because it puts the poor man of merit at once on a par Avith his more fortunate felloAV-student in point of social position. Ihe number of Bible Clerks at St. John’s Avere, I believe, never more than tAvo, but the founda- tion of assistances of a similar kind in all societies, if practicable, Avould be most desirable. 4 Z 344 OXFORD UNIVERSITY COMMISSION. T. John’s College. Rev. R. TV. Browne, M.A. Tutors. Lectures. Professor’s Lectures. Attendance at chapel. Religious instruction. Expenses. 33. How many Tutors are there in your Society ? How many Lecturers, Catechists, or other Instructors, who are not Tutors ? Does the Head of your Society take any direct part in the instruction ? 33. There w^ere formerly two Tutors; now there are three. There is a Catechetical Lecturer, whose duty it is to preach a series of lecture-sermons in the chapel. There are also other lectureships, but they are poorly endowed with about 5/. each ; of course but little duty can be expected from those who hold them. When I held the lectureship of Natural Philosophy, which was 5/. per annum, I delivered six popular lectures on the subject in hall ; others have done the same. There are sermons delivered in chapel on certain days, for which a small fee (perhaps IZ. Is.) is received. I'he President superintends the discipline of the College. He always examines with the Tutors and other College officers at the terminal examinations (collections). 34. Are there anv Tutors in your Society who are not or have not been on the Foundation ? Do they all reside within the walls? 34. There are no Tutors now who are not on the Foundation, and they all reside in College. Sometimes an independent member has been appointed mathematical tutor, if the President thought it expedient. But the College has always had Fellows competent to fill the other tutorships. 35. Is each Tutor expected to lecture on all subjects ; or is there a division of subjects ? 35. There is a mathematical Tutor, who confines himself to these subjects. The other Tutors divide the classical and theological instruction between them. 36. During how many weeks in the year are Lectures given in your Society? Will you state the average number of Lectures given weekly, and the subjects? How many Undergraduates attend Mathematical Lectures beyond Ariihmetic and the Elements of Euclid and Algebra? 36. Lectures are given during about twenty-five weeks. Each Tutor lectures, on an average, three hours daily during five days in the week ; perhaps the mathematical Tutor gives rather fewer lectures. The average number of lectures given weekly in the College would therefore be from forty to forty-five. The subjects, when I was tutor, were — Greek Testament, Aristotle's Ethics and Rhetoric alternately ; occasionally the Poeties, and Plato’s Phmdo, Herodotus, T hucydides, Aristophanes, ^schylus, Sophocles, Euripides, Xenophon, Cicero, &c. There was a lecture in Euclid and Algebra. The average number of men who used to read with me the higher mathematics was seldom more than four or five. By the higher mathematics I mean algebraic geometry, differential and integral calculus, mechanics, optics, &c. 37. Are any members of the College required to attend any Piofestsor’s Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise? 37. The Undergraduates were not compelled to attend the lectures of the Professors at the period of which lam able to s])eak, but were always strongly urged and encouraged to do so. The public lectures principally attended by the Undergraduates then were those of the Camden Professor of Ancient History, the Reader in Moral Philosophy, the Savilian Pro- fessor of Geometry, the readers in Natural Philosophy aud Geology. 40. What attendance at Chapel is required by your Statutes ? What attendance is actually enforced ? and by what means ? Is attendance at Cliapel ever enforced as a punishment ? 40. I do not know whether the Statutes required attendance at chapel. Every Under- graduate is required by the College authorities to attend chapel once daily and twice on Sunday. I believe, in cases of non-attendance, impositions are set by the deans ; but as I was only a B.A. when I was Tutor, I never filled the office of Dean of Arts, which must be held by a Master of Arts. Attendance at chapel is never enforced as a punishment. 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in other ways? 41. The Tutors give lectures in the Greek Testament, and catechetical lectures and sermons are delivered in the chapel. But, beside these lectures, the Tutors are in the habit of seeing the Undergraduates occasionally in private in their rooms, or of walking out with them, and conversing as well on subjects of religious instruction as on other subjects. This is especially the case when any of the Undergraduates are about to undergo their public examinations. Besides this a portion of the Old l est ament, one of the Gospels or other parts of the New Testament in Greek, and a certain number of the Thirty-nine Articles are expected to be prepared by each Undergraduate in their private reading, for the examination at the end of term. 42. What is the average amount of the “Battels” of each independent member of your Society? What w’as ihe highest and what was the lowest amount in the year 1849. 43. Will you have the goodness to supply the Commissioner with a weekly Battel Bill of the average amount, and with a quatterly Battel Bill for each of the lour quarters of 1849, also of the average amount ? 44. What is the lowest yearly sum for which you have known an Undergraduate to live in your Society ? What is the lowest amount which you have known an Undergraduate to e.xpend from his matiiculation to his graduation? 45. Do you conceive that the College expenses could be materially diminished? If so, will you state in what respect ? 42-45. The average amount of Battels of an independent member I should place at 75/„ or 80/. For other observations on points connected with this subject, see my former evidence. EVIDENCE. 345 46. Is the College library open to all members of the College, and what fees are paid to the library by each member? 46. There is no difficulty in the way of any member of the College making full use of the library under certain very simple regulations necessary for the preservation of the books. I believe a very small lee is paid to the library at matriculation, but I do not think any fee is demanded afterwards. 47. What number of Undergraduates is your College capable of accommodating ? 47. The number of rooms available for Undergraduates depends on the number left vacant by non-resident Fellows, but on an average the College will accommodate about 50 or 55. R. W. BROWNE, Professor of Classical Literature in King's College, London. St. John’s College. Rex\ R. W. Browne, M.A. Library. Numbers. Mr. BATTELS Week ending Quarter, 184 . FRIDAY. SATURDAY. SUNDAY. MONDAY. TUESDAY. 1 WEDNESD.^Y THURSDAY. £. s. d. Bread, Butter, Cheese, Toast, Muffins, and Coffee Beer, Porter, Meat, Poultry, Fish, Soup, Sauce, and Pastry, Jellies, Pickles, and Eggs . . Milk, Cream, Gruel, and Whey . • Hire of Sheets, Table-Cloths, Towels, and Oyster-Cloths ..... Coquus for Plates, Dishes, &c., for extra Dinners and Breakfasts Ditto for Fast-Night Suppers, Brawn, &c. Candles ......... Letters Butler, Servitors, Bedmaker, 'Water- Plates, and Silver Forks ... Famulantibus ....... Quarterly Payments. University Dues College Dues Tonsor Laundress Shoe Cleaning Fueler's Roll Bedmaker Waiters in Hall Common Room Messenger Chimney Sweep Total Amount of Battels for the week . . . . 4 Z 2 346 OXFORD UNIVERSITY COMMISSION. Rev. J. A. Hessey, D.C.L. Statutes. Non-observance. Power of alteration. Answers to Letter III. from the Rev. J. A. Hessey, D.C.L., Head Master of Merchant Tailors' School, formerly Fellow of St. Johns College, Oxford. My dear Stanley, School-House, Merchant Tailors', London, January 14, 1851. I H.WE examined with some care the paper of questions issued by the Commissioners, bearing date Dec. 6, 1850. I proceed to make a few I’emarks upon them, in two capacities — -first, as a member of St. John's College, of which I was a resident Scholar or Fellow for nearly fourteen years; secondly, as the Head Master of Merchant Tailors’ School, which has an absolute right to thirty-seven fellowships in that College, and a contingent right, on the failure of Founders’ kin, to six more. In the former of these capacities, I remark upon youx first six ciuestions, your eighteenth, and your twenty-ninth. Question 1. Is your Society (t. e. St. John’s College) governed by Statutes? If not, are there any orders or rules by which it is governed ? Question 2. If the Society is governed by Statutes, were those Statutes given by the Founder? Are the original Statutes in force, wholly or in part? If they are not in force, by what authority, and when, have they been altered? Question 3. Is there any provision in your present Statutes for their alteration or amendment ; or was there, in your original Statutes, any such provision ? Question 4. Will you state in what respects, if any, your Statutes have ceased to be observed, whether owing to lapse of time or other causes ? Question 18. Do your Statutes enjoin that your fellowships, studentships, scholarships, or the like, be increased or diminished in number as the revenues of your College vary? Has such provision of the Statutes been acted upon ? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society? Question 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your College ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or Ordinances ? Remarks. — St. John’s College is governed by Statutes. These Statutes were drawn up in many respects after the model of those of New College, and were revised by Sir William Cordall, Master of the Rolls, an intimate friend of Sir Thomas White, the Founder. They were approved by the Founder himself and solemnly attested by him. They are still in force, except in the following cases : — First. Where the law of the land is ojiposed to carrying out any of their provisions — for instance, where certain ecclesiastical ceremonies are prescribed which are unlawful under Acts of Parliament. Secondly. Where, in consequence of the intermission or alteration of certain University exercises, it has become inexpedient to retain the exact course of subjects or the exact exercises which the Statutes prescribe. Thirdly. Where the alteration of national manners and habits has rendered a literal obser- vance of certain original regulations absurd, e. g. such as those which epjoin “ that the Scholars should walk out two and two together;” or those which make a Scholar and Fellow live “ in eodem cubiculo,” and the former, in return for instruction given him, “ servire socio in omnibus licitis et honestis.” Fourthly. Where it has seemed good to the Society (whether rightly or wrongly), with the sanction of the Visitor, to intermit certain regulations which interfered with the reception of young students into the College. J’he exemption of Fellows from residence, except for one term, between their B.A. and M.A. degrees, which was granted, with the sanction of the Visitor, about twenty-five years since, is a case in point. Fifthly. Where the funds bequeathed by the Founder have proved absolutely inadequate for the purposes intended by him. The discharge of the College from the duty of maintain- ing a choir is a case in point. {N.B. The present choir is of more recent foundation, and is supported, I believe, in a great measure, by funds bequeathed by Sir William Paddie, M.D., who died in 1634.) In my opinion, the original Statutes confer power on the President and ten seniors to make what modifications ai'e required. 1 believe there is a clause in which something like the following expression occurs: “If the President and ten seniors shall devise any- thing that is greatly for the benefit of the College, that thing so devised shall be binding upon the College.” But however this may be, the following extract seems, if not by its direct terms, yet at least by the analogy which they imply, to allow the President and ten seniors, to make what alterations they consider necessary in the regulations of the College; secondly, to reduce the number of persons maintained on the Foundation if the revenues are in- sufficient : — Extract . — See Wilson’s History of Merchant Taylors’ School, p. 335. — “ Caeterum cum hactenus in his statutis nostris multa multis in locis occurrant, ad quae omnia et singula observanda, prsesidens, socii, et scholares prsedicti Collegii nostri in virtute sui juramenti astricti videri possint, jam inde statim a prima sua in Collegium admissione, quorum tamen nonnulla, imposterum, magis per nos perficienda, per Dei gratiam, speramus quam adhuc suis numeris perfecta cernimus, et idcirco fieri omnino nequeat, ut ad amussim exacteque prius a Collegialibus nostris observentur, quam annui eorundem reditus ad earn summam excreverint, qum prsedicto totali numcro, emterisque necessariis impensis et oneribus feren- dis sufficiat ; illud postremo omnium loco, tanquam colophonem operis et totius sententim nostra* scopum certissimum, subjicimus, ad quern illiusmodi omnia referri debeant, qua? EVIDENCE. 347 St. John’s College. Reo. J. A. Hessey, D.C.L. Residence of the Head. Residence of the Fellows. commode adhuc, vel per numeri defectum vel per reddituum inopiam, praestari mmime Dossint baud esse instituti, aut voluntatis nostr®, ut ulterius dla quenquam obligent (tnjecto conscientite perjurii laqueo) quam pro ejus numeri reddituum-que ratione, qum vel impos- terum per Dei gratiam, suo opportune tempore, a nobis, atque hseredibus nostns concedetur, earn vero utrobique tempore, numero et annuis redditibus, consonam, turn imprsesentiarum (lum pr^sens est, turn imposterum (quod speramus), futuram, inviolabili fide perpetuo observandam, Collegialibus prmdictisnostris, omnibus et singulis quanta religione possumus, in Domino mandamus, praecipimus, imperamus. , . . . ^ • j “Et ne quis in animis eorundem sempulus resideat, ex eo quod in statuta perinde deinceps per nos edenda atque jam edita, suae fidei verba jurati dederint, per addenda huiusmodi, sola et nulla alia intelligi volumus, quae praesidens ejusdem Collegii, una cum assensu libero et consensu decern sociorum maxiine seniorum qui P™ tempore erunt, rata habere velit. Alioqui irrita prorsus et pro addendis nullo mode habenda. The Visitor’s power is very limited ; I believe he cannot visit personally without being visitor’s powers called in, and his expenses must be paid by the party calling him in. I know two cases in which letters from the Visitor have been received: they have been already alluded to. — First, when he was requested, soon after the foundation ot the College, to agree to the abandonment of the choir, because the revenues bequeathed were in- sufficient; secondly, when he was requested to sanction the intermission of the residence ot Fellows between B.A. and M.A. degrees ; but no doubt there are many others. I know also a case in 1847, when he was appealed to by certain of the Felloivs, on the question whether, in the rejection of a Scholar on the Tunbridge foundation, after three years’ probation, the President had an absolute negative. His decision was in favour ot the President, and the matter was considered settled. Questimi 5. In what cases is the non-residence of your Head or your Fellows perimtted and how many of your Fellows are non-residents r Would the University oi the College be benefited, in your opinion, by the general enforcement of residence ? p u • Remarks. — 1 believe that the Head of the College cannot by the Statutes be away from his lodgings more than six weeks together. .p i . l- i As to the residence of the Fellows, I believe there is no time specified at which they aie in so many words permitted to begin to absent themselves from College ; but then, on the other hand, it does not seem to be said that they are always to be in residence. 1 do not conceive them bound to reside for ever, for the following leasons . ^ _ Pirst. — When a Scholar is admitted, he professes that he intends “ per quinquenniuin ad minus in dicto Collegio permanere, insistendo per idem tempus studio literarum. ihe mention of a limited period seems to imply that the Founder supposed some time or other when residence might be neither necessary nor desirable. Secondly.— early as 1632 I find one of the Fellows, then a Master of Arts, rmn-resi- dent : this was John Edwards, who was elected a Scholar in 1617, and lyas on Feb. 1 , 1631-2, appointed Head-Master of Merchant Tailors’. During his incumbency he resided in London. He resigned it, being still a Fellow, in 1634, and was elected Proctor of the University in 1635. There are many other instances in the early history ot the Eoliege which show that non-residence was jiermissible. i t. • i n Thirdly. There are cases in which formal leave to travel is granted by the President and ten seniors, under provisions of the Statutes. p n i. v Fourthly — If the Bishop or the King requires the service of a Fellow, he may be non- resident, at any rate for a time. (This seems to me a very extensive permission.) On the whole 1 consider that the Fellows are not bound to be always in residence, ihe President may at any time call them up, under severe penalties, for College business, but I conceive that they may be away, w f First, for the benefit of the College and the enlargement of its accommodation loi ^°S^«rf/rfoTthe benefit of the Church and nation, when, having completed their degrees in their respective faculties, they may be supposed likely to be useful elsewhere ; Thirdly, when they have obtained special permission (as in the case ot travelling Fourthly, when the Bishop ivants them, i. e. for serving churches as Curates ; or the .^rchbishop, for Advocates in Doctors’ Commons ; . . , ^ Fifthly, when they are wanted as Royal Chaplains or Barristers in the Queen s courts of IS-W I suspend my answer to a part of Question 5— “Would the University or the College be benefited, in your opinion, by the general enforcement of residence . — ^ ^ shall show presently, the Founder intended to benefit other bodies, besides the College and the University. QMCstion 6. Is the marriage of the head of your College perrnitted hy the Statutes ? If ^ authority is such permission granted ? Is that permission applicable to any othe the Foundation besides the Head? i p xL il^„.« ‘Rut Remarks. — I believe the Statutes permit the marriage of the Head ot the Uollej^e. marriage vacates a scholarship or fellowship, ipso facto, and no yeai of giace is in is case Thus far I have given you my] idea of the degree of obligation in which the Statutes appeared to me to bind the conduct of the Fellows and Scholars of St. John s when 1 was on the Foundation myself. I should add, however, that I cannot be supposed to be justifying my own conduct, at any rate in the matter of residence, for 1 was always resident, except during vacations. Marriage of the Head and Fellows. 348 OXFORD UNIVERSITY COMMISSION. I proceed to make some I’emarks upon tlie matter, though not exactly upon the very terms, of the questions 7 to 16 inclusive. This I do as Head Master of Merchant Tailors’ School. Question 7. Does the College consist of several Foundations? if so, do the Fellows on the several Foundations enjoy the same rights and advantages? Question 8. Are there in your College any unineor^iorated or Bye Fellows ? If so, by what Statutes are they governed ? Do you consider such Fellowships beneficial to the society? Or do you think their present position might be altered with advantage ? Question 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition witliout restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders? Question 10. Will you quote the clauses of your Statutes on w hich any such restriction rests, together with any special reasons which the Founder or framer of your Statutes may have had for this restriction ? Qtiestion 11. Is the restriction absolute ? If not, has the College availed itself of any facilities which the Statutes allow for opening the Foundation ? Question 12. If the Statutes give a “ preference ” to certain candidates, how do you interpret such preference ? Question 13. Do you consider the present rest riclions, if any, on the election of your Fellows, Students, Scholars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to he favoured by those restrictions ? Question 14. Are your Fellowships, Studentships, Scholarships, Derayships, or the like, disposed of strictly according to merit ? Is such merit tested by examinations ? Question 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like ? What is the practice in this respect ? Question 16. If your Fellowships are limited to those who are or have been Scholars, or the like, of your Society, has this system been found beneficial to the College ? Rcmarhs. — I hope to show, — First, that the Founder, by constituting what is called, somewhat invidiously, a close foundation, intended to benefit certain schools, families, or localities, and not the College or the University only. Secondly, that he has benefited a certain school, Merchant Tailors’, very much. (The families and localities of course can speak for themselves, 1 am concerned with my school.) Thirdly, that, supposing I were not to do my duty, as Head Master, or that for any other reason Merchant Tailors’ School were to fail to supply fitting Scholars, the Founder has introduced provisions into his Statutes by which a remedy may be found without any external assistance such as a Commission issued by the Crown. Fourthly, that, supposing the family of Sir Thomas White to fail. Merchant Tailors’ School is entitled to all the fellowships belonging to that family. Fifthly, that, although the Merchant Tailors’ fellowships at St. John’s are what are called close, their holders need not fear comparison, so far as University and other distinctions are concerned, with the most open College in Oxford. J'his I shall show by a list of the Fellow’s who have proceeded from hence for the last ten years. Sixthly, that the Statutes of St. John’s have been strictly carried out, so far as Mer- chant Tailors’ School is concerned. to Bristol, 'Coventry, Sir Thomas White founded ffty fellowships in St. John’s College. Of these he gave Reading, and Tun- two to Bristol School, two to Coventry School, two to Reading School, and one to Tun- bridge schools; bridge School. With these seven I have nothing to do, they can defend themselves. I have only to make this remark — that, supposing these schools to fail to send up fitting candidates, the College may resort to any school in England for a supply, and that thus the seven fellowships are virtually open — “ ex omnibus totius regni Anglise partibus su- mendos volumus, si modo habilcs et idonei . . . e Scholis superius nominatis non reperiantur.” One case of this kind occurred within my owti recollection : no fit Scholar was sent from Reading School in 1842 ; three who appeared from it w’ore examined and rejected. On this being made known, several candidates presented themselves, two of whom were from Merchant Tailors’ School. An examination took place, and one of these latter was elected. He afterwards took a first class in Litt. Humanior, and is now one of the Masters of the Chartei’house. to Merchant Tai- The remddmng forty-three fellowships Sir Thomas White founded for the especial benefit lor's school. of .Merchant Tailors’ School, in the parish of St. Laurence Pountney. He was, you will recollect, a leading member of the court of that company. “ Omnes Londinenses charos habemus, illos tamen praccipue quibus Mercator um Scissorum nomen imponitur (e quorum numero nos esse profitemurj.” X. John's College. ' Rev. J. A. Hessey, D.C.L. Restrictions on Fellowships. “ Quadraginta tres Scholaresf' “ Eos tamen Scholares cseteris anteponi in omnibus electionibus volumus qui in Schola Litterarise Fraternitatis prmdictae (viz. the Merchant Tailors’ Company) in Parochia Sancti Laurentii Pountney Grammaticse operam dederint, quam Scholarn majorem in modum prosequimur, quia ab eisdem Magistro, Gardianis, et Assistentibus {i. e. Master, Wardens and Court of Assistants) extructa iuit ac dotata, modo tot apti illic ac ad dialecti- cum percipiendam idonei a praedictis Magistro, Gardianis, cum Assistentibus, et Praeside aut Vice-Prmside et duobus Senioribus videantur.” He provides that the forty-three scholars be chosen from Merchant Tailors’ School yearly, by the Master, Wardens, and Court of Assistants, with the consent of the President (or Vice-President) and two of the senior Fellows of St. John’s College, as vacancies occur. The Scholars are to be skilled in grammar and ready to commence logic. EVIDENCE. 349 B^v. J. A. Hessey, D.C.L. These provisions have been strictly complied with ; (the duration of the Great Rebellion St. John’s College. '^^In^a Scr^llause the Founder, out of regard to his family (for which he quotes St. Paul, “juxtadoctrinam Doctoris Gentium primo nostris domesticis providere volentes ), excepts six fellowships for his own Kin, so long as they shall be found. But he adds, if no Founder’s kin appears, then “ plenus sit et perfectus Londmensium numerus ” i. e. to 43. “ Crescente numero consanguineorum minuatur numerus Eondi- nensium,” i. e. to 42, 41, 40, 39, 38, 37, but not lower. • v.' u This provision has been strictly observed. I am not aware of many instances which Founder’s kin have failed to appear. But I know of one which took place in 1802. A Scholar was then elected from Merchant 'I’ailors’— we had then 38 bellows The next year a Founder’s kin appeared, and a vacancy which would otherwise have fallen to Merchant Tailors’ was given to him. . i ? i • I mention these things to show that we have a contingent right to the six Founder s in fellowships, if from any circumstance the Kin fail. I’he Founder has provided in his own Statutes for the filling of his endowments. , i i 9 rn • • But what if no fit Scholars are to be found in Merchant Tailors School . This circum- stance has never occurred, but it is provided for by the Founder : then, for that tune, the same electors are to look for scholars from Christ’s Hospital : they do not forfmt their rig , they only exercise it on a different object for that particular occasion. ^ us is wor remarking. “Quod si in hac Schola Fvaternitatis totidem idonei non reperiantur, eadem evocatio, nominatio, et electio per eosdem, corain eisdem, fiat e Schola Litteraria de (^hrist But what if no fit Scholars be found in Christ’s Hospital ? Then Scholars are to be chosen by the same electors from any school whatever in London or its suburbs. ‘ lunc cvocen- tur et eligantur per eosdem, ex omnibus totius Civitatis passim Ludis Litterariis ^sc. “habileset idonei ac Londini vel Suburbiis ejusdem in Grammaticis instructi. ) _ If no fit scholars be found in London, i. e. at Merchant Tailors School or in Christ s Hospital, or in any school in London and its suburbs, then scholars may be chosen from any part of England. “ Scholares etiani ex omnibus totius regni Angliac partibus sumen- dos volumus, si modo habiles et idonei secundum formam Statuti . . . Londini . . . thmk^that I have shown that Sir Thomas White intended to benefit Merchant Tai- lors’ School by annexing to it at least 37 fellowships, and that, if his Kin s ou no wan assistance at the University, or should fail, he intended to bestow on that school six fellow- ships more, in all 43. , . , . ^ ^ And I think I have shown also tliat he has provided in his own Statutes for any tempo- rary failure in that school, by enabling the electors to resort successively to other places, and at last to any place whatever, for Scholars. „ . ■ r ^ i Has he benefited the school ? Its numbers, 260, always full, give a satisfactory reply. The school has no endowment, except its building, and yet it has never failed to supply Scholars. For nearly 300 years, with slight fluctuations, its number has been maintained, and this in spite of its disadvantages of position. i i i i As to the manner in which Scholars from Merchant Tailors School have acquitted then - selves at the Universities and in the world, since its foundation, I will only refer you to our school “ Fasti,” of which I enclose copies for the Commissioners. 1 may however extract from that document a list of the scholars who have proceeded from hence to Uxtord since 1840, which will speak for itself. You will see that many of them ai^e Fellows ot St. John’s, and many holders of the equally close Exhibitions belonging to us. Scholars at Oaf ord from Merchant Tailors’’ School since 1840. First Class in Classics. Success of Merchant Tailors’ school. Easter . . . 1843. Michaelmas 1844. Easter . . . 1846. Michaelmas 1846. - 1847. Easter . . . 1848. Easter . . . 1841. Michaelmas — _ 1842. Easter . . . 1843. — ... 1845. Michaelmas 1848. Easter . . . 1849. H. L. Mansel, Fellow of St. John’s. Paul Parnell, Fellow of St. John’s. J. W. Slegg, Michel Scholar of Queen’s. Thompson Poiimore, Fellow of St. Johns. J. G. Ryle, St. John’s. Christopher Cookson, Fellow of St. John s. Robinson Thornton, Fellow of St. John’s. Edward Palin, Fellow of St. John’s. Second Class in Classics. James Bellamy, Fellow ot St. John’s. J. G. Brine, Fellow of St. John’s. Richard Simpson, Oriel College. L. J. Bernays, Fellow of St. Johns. William D. West, St. John’s. H. Hayman, Fellow of St. John’s. Stephen Edwardes, Postmaster of Merton. Thomas Edward Kebbel, Lord Crewe’s Exhibitioner of Lincoln. ^ I have the less scruple in sending you this W^t, first, because the published one, and secondl^J, because by far the greater portion of the scholars named in it were at under my predecessor. It is completed to June, 1851. 350 OXFORD UNIVERSITY COMMISSION. St. John’s College. Rev. J. A. Hessey, Easter . . . 1841. D.C.L. — ... 1842. — ... 1843. — ... 1845. Michaelmas 1848. Easter . . . 1851. Michaelmas 1844. Easter . . . 1845. Michaelmas 1847. First Class in Mathematics. James Bellamy, Fellow of St. John’s. H. D. Heatley, School Exhibitioner of St. John’s. H. L. Mansel, Fellow of St. John’s. Paul Parnell, Fellow of St. John’s. William D. West, St. John’s. Stephen Edwardes, Postmaster of Merton. Thomas H. Campbell, Fellow of St. John’s. Seco7id Class hi Mathematics. G. L. Parkin, Andrews E.xhibitioner of St. John’s. H. Hayman, Fellow of St. John’s. Robinson Thornton, Fellow of St. John’s. 1841. 1842. 1843. 1844. 1845. 1846. 1847. 1848. 1849. 1850. 1851. During the same Period. J. W. Slen^g, Trinity College Edmund Markham Heale Edward Graham Moon ..... Edmund Markham Heale, Bridgman’s Exhibitioner of Queen’s College ..... Stephen Edwardes, Head Monitor of the School Robinson Thornton, Probationary Fellow of St John’s College ..... W. J. M. Ellison, Wadham . Thomas Edward Kebbel, Exeter College . Thomas Hewitt Campbell, Probationary Fellow of St. John’s ....... Henry H. Crucknell, Fifth Monitor of the School Stephen Edwardes, Postmaster of Merton William Wright, Andrews Exhibitioner of St. John’s and Montefiore Hebrew Medallist of the School J Stephen Edwardes, of Merton ..... William Henry Hart, Andrews Exhibitioner of St.) John’s . . . . . . . ,f Charles Montague Style, Probationary Fellow of St.) John’s and Montefiore Hebrew Medallist of the School ... .... William Henry Hart, Andrews Exhibitioner of St. John’s ....... Edward Harrison, Fourth Monitor of the School Charles Alfred Cookson, Oriel College Edward Hill, Third Monitor of the School John B. Behrends, Probationary Fellow of St. John’s William Wright, Andrews Exhibitioner of St. John’s Charles Matheson, Probationary Fellow of St. John’s) and Montefiore Hebrew Medallist of the School | Christopher Cookson, Third Monitor of the School . • — .ElectedMichel Scholar of Queen’s College. Bridgman’s Exhibitioner of Queen’s College. Probationary Fellow on the Read- ing Foundation, St. John’s Col- . lege. — Demy of Magdalen College. IBoden’s University Sanscrit Schc- ( lar. — Postmaster of Merton College. Junior University Mathematical Scholar. Hebrew Exhibitioner of Wadham College. Lord Crewe’s Exhibitioner at Lin- coln College. Junior University Mathematical Scholar. Scholar of Oriel College. Ellerton’s Theological Prize Essay. Posey and Ellerton Hebrew Scho- lar. Fellow of Merton College. •I - } -I- Blount Scholar of Trinity College. Pusey and Ellerton Hebrew Scho- lar. • — Demy of Magdalen College. — Scholar of Oriel College. j Dean Ireland’s Exhibitioner of ( Oriel College. — Scholar of Pembroke College. (Junior University Mathematical I Scholar. — Kennicott Hebrew Scholar. r isey and Ellerton Hebrew Scho- lar. I observe that the Commissioners inquire whether the preferments attached to the school are disposed of according to merit. I reply, that the Exhibitioners and Scholars are taken from the boys in the highest form of the school ; that this rank is only attained after successive examinations ; and that the utmost pains are taken, after it is attained, to keep up their standard of proficiency. Fellows are under a probation of three years after they reach St. John’s (during this time they are called Probationary Fellows or Scholars). At the expiration of this time they may be rejected by the President and Fellows, Avithout appeal, for lack of learning or for bad conduct. I postponed my answer to Question .5 (latter part) — “ Would the University or the College be benefited, in your opinion, by the general enforcement of residence?” — because (as I observed) I conceived that such a question, if fairly put, would embrace the words “ or school.” I suspect that in the present day the effect of enforcing residence would be to cause a much quicker succession of Fellows. The fellowships are so much poorer in point of value than they are supposed to be, that I think many persons would resign them after a few’ years in order to make their way in life, instead of staying on a small income in College. Thus the school would of course be benefited. Ushould however be inclined to rest the answer to this question rather on the intention of the Founder, if it can be ascertained, than on any views of possible expediency. For the same reason I should decline specu- lating on the comparative advantages of Fellow’ships for a certain term of years and Fellow- ships for life. The Founder evidently contemplated the latter, as his frequently recurring phrase, “verum et in perpetuum socium,” abundantly testifies. EVIDENCE. 351 Clerical restrictions. I notice a few more of the Commissioners’ inquiries. John s College. Question n. Are the Fellows of your College obliged to proceed to the higher Degrees? If so, in ji^v. J. A. Hessey, what Faculties ? i n r r D C.L. The Fellows are required to proceed to higher degrees, under penalty at urst ot f i- Higher Degrees, minished emoluments, and ultimately, after a certain time, of forfeiture of their lellow- '^The 12 Law Fellows must proceed to D.C.L. (they may i-emain laymen or take orders at their option). One of these however may proceed in Medicine The 40 remaining Fellows must proceed, through Arts, to B.D. certainly . They nay proceed to D.D. if they please, and must do so if they are called upon by the President and 10 Seniors. ' Question 19. Do your Statutes contemplate the residence in;College of any Foundation ? Do they forbid it ? Will you quote the clauses in your Statutes on which such vacates a Fellowship, Scholarship, or your Statutes ? Is the rule enforced equally with regard to real and peisonal proper y . you conceive that the enforcement of such a rule at the present time would be beneficial to the Society ? v, i These two Questions I leave to be answered more correctly than I can answer them by the present holders of Fellowships and Authorities of the College. Question 2\. Is the Head of your Society statutably required to enter into many of your Fellows, Students, or the like, are subject to the same rule? It the statute be not observed, ■ on what authority does the non-observance or dispensation rest . Is the obhgation to enter into Holy Orders expressly laid down by Statute, or is it deduced from an injunction to study theology, from an injunction to discharge clerical duties now disused, or from any othe like provision ? I conceive that the Head of the College is required to enter into Holy Orders->< because the Statutes enjoin that he should officiate m the Chapel on certain dap ; seem hj, because Francis Levinz, who was elected President m 1673, and was then Doctor in Medi- cine, entered into Holy Orders either immediately before or immediately after his election, and became Canon of Wells. rv 17 T The remainder of this Question I entered upon in my remarks on Question 1 < . 1 have only to add that I conceive that the permission to enter into Holy Orders, enjoyed by the Law Fellows, rests upon two grounds— /rs/1, on a phrase in the Statutes to this enect, ne quisquam invitus a Studio Theologim avocetur on the old practice which made even practitioners in Doctors’ Commons “ Clerici.’ Question iO, Are your Fellowships confined to persons of a certain University standing ? Is the admisLn ^f Undergraduates’^ to Fellowshipsl or the restriction of Fellowships to persons of par- ticular degrees, productive of inconvenience? I think the admission of Undergraduates to Fellowships productive necessarily of no inconvenience, especially now that University examinations are multiplied. As i have said already, the College can refuse to admit a Probationer to his full Fellowship. Question 23. Are clergymen excluded from presenting themselves as candidates for your Fellowships? Are laymen? Needs no reply in the case of St. John’s College. Question 24. Are Fellows or other members on your Foundation allowed by Statute or other authority to hold ecclesiastical preferment ? and, if so, to what amount ? Fellows are not allowed to hold ecclesiastical preferment above the value of 10/. in Libris Keo-iis ; but this amount is not the only disqualification for a Fellowship. _ 1 cannot mention any exact sum, but I never heard of a Fellowship being tenable with Ecclesiastical preferment above the actual value of 200/. per annum. Question 25. What statutable restrictions limit the selection of your Head ? I believe that the Head of the College must be not under thirty years of age : but see also my answer to Question 21. Question 26. How many benefices in the gift of your Society have been added since the original Foundation? Will you state at what time and in what manner each was acquired ? Have you at present a fund for the purchase of advowsons ? I cannot say how many Benefices have been added to the patronage of the Society since the original Foundation. There may be several funds for augmenting oi impioving the patronage of the College, but I know of two only — the fVinterslow Fund, bequeathed bv Charles Woodrolfe, D.C.L , who died in 1726, “ for increasing the number or value of the Livings in the Gift of the College and the Whitfield Fund, bequeathed by Thomas Whitfield, B.D., who died in 1832, “ primarily for another purpose, but con- tingently for purposes similar to those intended by the Winterslow Fund. Question 27. Are there any Prmlectorships founded in your College for the benefit of tlie whole University ? Are Fellowships connected with such Praelectorships ? If so, do the Statutes allow any special liberty of choice in the Fellowships so connected ? I am unable to answer. Question 28. Has the College the nomination to the Masterships of any Schools ? What control does the College exercise over such Schools ? The College has no nomination, so far as I am aware, to the Mastership of any Schools. The President is, ex-officio, one of the Visitors of Reading School ; and the President and two of the senior Fellows are present at the Exarnination (which indeed they conduct) of candidates for Scholarships, and certain Exhibitions from Merchant o A Evil of admission of Undergraduates to Fellowships. Ecclesiastical preferment. Election of the Head. Benefices. Schools. 352 OXFORD UNIVERSITY COMMISSION. St. John’s College. Rev. J. A. Hesseij, D.C.L. W. A. Rew, Esq., D.C.L. Statutes. Residence of Fellows. Commoners. Tailors’ School ; and no election is confirmed without their “ assent and consent but they exercise no further control over Merchant Taylors’ SchooL Question 29. Will you quote the clauses of your Statutes which set forth.'the powers and duties of the Visitor of your College ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or Ordinances ? I have answered, as far as I am able, already. Questions 30 — 47 may so obviously be answered with greater propriety by the resident Members of the College than by one who has now ceased to reside for nearly six years, that I purposely forbear to reply to them. Pray make my res] Question 3.5. Is each Tutor expected to lecture on all subjects? or is there a division of subjects. F Questions 33, 34, 35. — There are three Tutors, who arrange amongst themselves vvhat Tutors, subjects they shall respectively lecture upon, and put out the result in their Terminal Lecture lists. They are all Members of the Foundation, and reside vyithin the walls. Besides these, the President always takes an active part in the Terminal Collections, and other College Examinations. There are, besides. Lectures in Logic, and Natural For Mr. Stoddart’s general Evidence, see Part I., p. 229. 356 OXFORD UNIVERSITY COMMISSION. St. John’s College. Rev. IF. W.Stocldart, B.D. Lectures. Professor’s Lectures. Private Tutors. Attendance at Chapel. Religious instruction. Philosophy, and a Catechetical Lecturer. The two former of these offices are not usually held by a Tutor. Question 36. During how many weeks in the year are Lectures given in your Society ? Will you state the average number of Lectures given weekly, and the subjects? How many Under- graduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? Question 36. — Our Lectures continue throughout full Term, never less than eight weeks. Between 40 and 50 Lectures are given weekly, embracing Divinity (7 or 8 ), Science (about the same), Mathematics and Algebra (the same), and the Greek and Latin Classics. Under the new Statute it will be necessary to add to our subjects, for which we are engaged in making preparations. The number of Pupils who study the higher Mathematics is small ; but I may mention, that since the Institution of the Junior Mathematical Scholarships in 1845, three of them have been gained by Members of our Foundation. Question 37. Are any member.? of the College required to attend any Professor’s T.ectures, and are any means ailopted by the College to secure profitable attendance, by examination or otherwise. Question 37. — Hitherto attendance upon Professors’ Lectures has been left to the voluntary choice of the LTndergraduates. Question 38. Can you state how many members of your Foundation and how many independent members of the Society are engaged as private Tutors ? Question 38. — At this moment I believe four Members of our Foundation, and one former Bible Clerk, are engaged in private tuition. Question 39. Can you state how many Undergraduate Members of your Society are now reading with private Tutors ? Question 39. — Probably a third of those who intend to attempt no more than a Common Degree, and nearly all those who are reading for Honours — -together more than half the Undergraduates at one period or another read with private Tutors. Question 40 What attendance at Chapel is required by your Statutes? What attendance is actually enforced ? and tiy what means? Is attendance at Chapel ever enforced as a punishment? Question 40. — Daily attendance at least once. On Sundays twice ; and this is pretty strictly enforced. Attendance is sometimes, but rarely, enforced as a punishment for the neglect of the above rule. Question 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in other ways ? Question 41. The Tutor’s Lectures I have already referred to. The Catechetical Lecturer delivers a course of Sermons every year ; and, at the Collections, Divinity is an indispensable item of Examination. The Tutor has occasionally given voluntary religious instruction at other than his Lecture hours, but this has not been a regular jjractice. Question 42 . What is the average amount of the “ Battels” of each independent member of your Society ? What was the highest and what was the lowest amount in the year 1849 ? Question 42. — The highest Battels of any Commoner last year were 92?. I 85 . 6r?., the lowest 50Z. 13s. The following table w'ill show the average in each quarter : — 1st Quarter 2nd Quarter 3rd Quarter Highest. Lowest. Average. £ s. d. £ s. d. £ s. d. 29 17 6 13 1 0 21 12 9 32 8 6 12 14 0 22 1 3 31 4 6 13 1 6 22 3 0 , Long Vacation, and therefore : the same to all. 10 exceeded or fell short of the average was in the Excess. Defect. 1st Quarter , . 10 29 2nd Quarter . . . 10 25 3rd Quarter . . . 21 20 Question 44. What is the lowest yearly sum for which you have known an TJncIergraduate to live in your Society? What is the lowest amount which you have known an Undergraduate to expend from his matriculation to his graduation ? Question 44. — I could scarcely give an answer to this Question which could safely be relied upon, as my means of judging have been imperfect. I have sometimes heard sums stated as those within which an Undergraduate has limited his expenses ; but I have never tested the accuracy of such assertions by looking over his accounts, and the little that I have seen of such things persuades me that few young men keep them strictly enough to allow one to build much on their basis. Question 45. Do you conceive that the College expenses could be materially diminished ? [If so, will you state in what respects ? Question 45. — I have not confidence enough in any of the several plans which have been tried in turn to recommend any of them. I fear it will be long before a satisfactory solution of this question will be found. Question 46. Is the College Library open to all members of the College, and what fees are paid to the library by each member ? Question 46. — Within certain restrictions, every member of the College may avail himself of the College Library, to which all pay a trifling fee at Matriculation. Question 47. What number of Undergraduates is your College capable of accommodating ? Question 47- — About 50. I have the honour to be. My Lord and Gentlemen, Your obedient servant, WM. WELLWOOD STODDART, Senior Tutor. EVIDENCE. 357 Mr. BATTELS Week endindy be away two or three months in the long vacation ; Fellows never more than a fortnight m full Term, except with express leave of the Principal and Fellows, or a majority of them, and 40 days in the long vacation, yet never more than 60 days continuously or non-continuously, without the foregoing express leave. Leave is now little more than a mere form, and absence may be had, if required, for life. With respect to the practice, I think there can be no^greater abuse or violation of Statutes than the case of non-resident bellows and Scholars (for Sjcholais are included in the Statute limiting the absence of Principal and Fellows, as appears from the preamble), and it is aggravated where Probationary Fellows are allowed to be away from Collei^e. Not that I think, however, that elected as ours are to close Foundations, and living under our present system, it would be desirable that all should reside. But there is a Statute (Tit. 31), “ De numero Sociarum, si necesse, fuerit, diminuendo," which I do not think might be unreasonably acted upon, though in a different sense to the one there contemplated ; and the number of Fellows might be reduced to that required for the conduct of the College under the new system contemplated in my first Paper of Answers, and the Halls attached to it ; and the surplus funds might either be devoted to the pay of the Tutors and Professors (in vv'hich case Students would be saved the present impost), or they might be laid out upon Exhibitions for the support of Students for the first degree, and no longer. In the same way non-resident Scholars might be got rid of by making superannuation depend upon standing in the Univer- sity, say 20 Terms, and not upon age. . • 6. Is the marriage of the Head of your College permitted by the Statutes? If not, by what authority is such permission granted? Is that permission applicable to any other Members of the foundation, besides the Head .? i i i ui 6. Our Principal upon admission is made to swear in the latter part of his oath tfi^at he will obtain no dispensation against his foregoing oaths and against the Ordinances and Statutes of the said College; and then he swears that he has never been married and never will marry while Principal. It is the position of this oath, doubtless, that gave colour to the idea that it was intended to be left open to future dispensation, and accordingl}', upon the election of Dr. Hoare to the headship, the Visitor, Lord Pembroke, decreed that it might be omitted at his admission and that of all future Principals. As far as the oath and qualifications to a Fellowship go, there would seem nothing in the letter to hinder the election of a married man or widower, though marriage after the election is one of the causes of removal from a Fellow- ship; and the same remark applies to Scholarships. Of the servants, the Coquus, Promus, and Janitor are required to be single, but have obtained the same dispensation, though not by the same authority, as the Principal. 7. Does the College consist of several Foundations ? if so, do the Fellows on the several Foundations enjoy the same rights and advantages? _ c o- t 7. With the exception of our two missionary Fellows on the foundation of Sir L. Jenkins, who remain probationary Fellows till they have taken Priests’ Orders, all our Fellows enjoy the same rights and advantages. Our N. W. Scholarships are more valuable than those belonging to S. W., having been increased by a later benefaction, 8. Are there in your College any unincorporated or Bye Fellows? If so, by what Statutes are they governed ? Do you consider such Fellowships beneficial to the Society t Or do you think their pre- sent position might be altered with advantage ? 8. There are no unincorporated or Bye-Fellowships in our College. 9. How' many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders ? 9. All our Fellowships, Scholarships, and Exhibitions are of a confined nature. We have one Fellowship and two Scholarships confined to England, and one Fellowship to Jersey and Guernsey, one Fellowship to North and South Wales alternately, two Fellowships and two Scholarships belonging to Cowbridge School, of which the former are the missionary before mentioned, and, lastly, seven North Wale^ Fellowships and seven Scholarships, and as many South Wales Fellowships and Scholarships, of which some are more confined than others,* e.g., to schools or dioceses, or with preference to certain counties or families. 10. Will you quote the clauses of your Statutes on which any such restriction rests, together with any special reasons which the Founder or framer of your Statutes may have had for this restriction. 10. Our Statutes do not directly refer to a single Foundation in particular, but enjoin gene- rally that the bequests of benefactors shall be strictly observed. They order, in the first place, that the College shall consist of one Principal, 16 Fellows, and 16 Scholars, but inasmuch as sufficient funds were not forthcoming for their maintenance, power is given in the 31st Statute to the Principal and a majority of the Fellows, with consent of the Visitor, to diminish the number of the Fellows fora time, proportionably to the smte of the revenue. Still the original number vvas to be kept up in theory, by the admission of honorary Fellows, who were to receive * It is curious that our closest Foundation (the Abergavenny) is one confined by Act of Parliamtnc, which enjoins that it shall remain vacant (as it often does), when none so qualified slnill be foiuul. L Jesus College. Rev. E. S. Foulhes, B.D. Residence of Fellows. Marriage of the Head, the Fellows, the Coquus, Promus, and Janitor. Various Foundations. Resh'iviions on Fellowships. 360 OXFORD UNIVERSITY COMMISSION. Jesus College. nothing, but exercise the same privileges asthe rest. So matters went on till the time of Sir L. Rev E S F idkes gave effect to the original idea, and secured it by a scheme confirmed j) Royal authority. His testament states, that “Whereas the allowance and maintenance assigned and apportioned by tbe present Statutes and usage of the said College for 16 Fellows and 16 Scholars, together with the 15/. a-year to the Principal, and other charges incident to the government of the said College, cannot, I fear, be raised out of the present revenues thereof, without either defaulting from the maintenance of each Fellow and Scholar, or else leaving some of the said Fellows and Scholars to remain without maintenance, and to be honorary only, as they are termed in the StatiCes of the said College : now, that greater respect may be paid to the memory of all our particular Benefactors that have founded or endowed any Fellow- ship or Scholarship in keeping those places they have founded and endowed always full, though some Foundations and Endowments happen not to be equal in value with others, nor proportionable to the allowances and emoluments that the Fellows and Scholars have at present from the College; and to the end there may be no more honorary Fellows or Scholars (so termed) chosen and admitted in the said College, but that all the 16 Fellows and 16 Scholars (so named) may equally have and receive their full allowances and stipends, I do will and appoint and bequeath, that out of the estates and premises by me reserved as aforesaid, to be charged the sum of 1’20/. a-year, be taken and set aside yearly and every year for ever, to be added to the present revenue and stock of the said College; and that the said Principal, Fellows, and Scholars for the time being do employ the same as part of their proper revenue and stock for and towards the filling and making up of their respective Fellowships and Scholaiships, 20/. to each and every Fellow of the said College, and 10/. a-year to each and every Scholar, under the regulations of the present Statutes, and under the rules and conditions prescribed by the particular Founders and Benefactors. But if it should so happen that the present revenue of the said College is sufficient to answer the said former allowance of the said Principal at the rate of 50/. a-year, and of 16 Fellows at the rate of 20/. a-year, and of 16 Scholars at 10/. a-year a-piece, together with other charges incident to the government of the said College, then my will and meaning is that the said 120/. a-year, or as much as shall be remaining of it (the maintenance above-mentioned being made up to the full of the present allowance), be divided between the said Fellows and Scholars for an augmentation of their respective Fellowships and Scholarships, every Scholar having one-half of what a Fellow shall have to his share. And in regard there is nothing in this world more valuable in a society of men that follow liberal and pious studies than peace and concord among themselves, especially in their electing Foundation men, together with a great exactness in observing and performing the will and dispositions of their Founders and Benefactors; my design in the settlement of this 120/. a-year upon the College is to engage them (if it may be) before they receive any part of it to fill up all Fellowships and Scholarships that are now vacant, and to set forth in one scheme the present 16 Fellowships and 16 Scholarships of the said College, and therein to show to what dioceses, county-town, place, or family, each by the disposition of the respective Founders and Donors doth and ought of right to belong; and in case there be any of those places that are not already so asserted and fixed by the particular Donors, then to set forth in the said scheme how and to what dioceses, counties, and places they may by the King's Majesty's authority, as Royal Founder, succeeding in the right of our first Foundress Queen Elizabeth, of famous memory, be asserted and appropriated {in their judgments^ with strict regard and dispositions of the particular Benefactors respectively, and with most advantage to the peace of the said College'' .... June 12, 1685. This scheme was drawn out by way of indenture the same year, between the Principal, Fellows, and Scholars on the one hand, and the executors of Sir L. Jenkins on the other, and confirmed by Royal Letters Patent; and it is upon this scheme (wholly apart from our Statutes) that our present Foundations rest. 11. Is the restriction absolute? If not, has the College availed itself of any facilities which the Statutes allow for opening the Foundation ? 11. We have rarely, if ever, deviated from the restrictions there prescribed. Now and then, it may be, we have not given preference to a particular school or county, where the attainments of the candidate claiming it fell far short of those of his competitors. 12. If the Statutes give a “ preference” to certain candidates, how do you interpret such preference? Preferences. 12. I myself interpret preference only to mean strictly “cajteris paribus ;” and so it never operates against the best man with me. Others interpret differently; though here 1 should state that the Statutes themselves give preference to a member of the College over strangers, which I interpret in the same way likewise ; but few take the same view practically. 13. Do you consider the present restrictions, if any, on the election of your Fellow's, Students, Scholars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? 13. I am decidedly of opinion that our present restrictions operate unfavourably for the most part (here and there one might adduce exceptions, of course), not only on our College, but on the schools in Wales, to which our Foundations are more or less directly attached. Without going into details, I would repeat what 1 have said elsewhere. I think it would not only be the best change under present circumstances, but one not alien from the intentions of our Founders and Benefactors to throw our Welsh Foundations open to Wales indiscriminately. 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly according to merit ? Is such merit tested by examinations ? Elections and 14. Examinations have more weight with us than they used to have ; and in the case of Examinations. Scholarships especially, unless there is something more than ordinarily close in the Foundation, I should say that the candidate who did the best examination, being provided with the necessary qualifications, was always elected. In the case of Fellowships sociable character is a further consideration. EVIDENCE. 361 15. What is the statutable connexion between your Fellowships and your Scholarships, Denayships, or the likei' What is the practice in this respect? ■ r t-' n 15. Our Scholars have a preference by the Statutes over all others competing for a Fellow- ship, provided they are not wanting in the necessary qualifications of the particular foundation, which is sometimes the case. Not long since one not a Scholar was elected in preference to Scholars, on a E'oundation to be supplied from certain schools. Yet I am not sure what the result mioht have been had he not happened to be a member of our own College. 16. If^your Fellowships are limited to those who are or have been Scholars, or the like, of your Society, has this system been found beneficial to the College? 16. I think the preference given to Scholars in the Statutes has been of piece with our other restrictions, and operated unfavourably on the whole to a great degree; but when oui Foundations shall have been thrown open, I think the preference will have a proportionably wide interpretation put upon it, and so may remain as it is. • i r- i • 9 17. Are the Fellows of your College obliged to proceed to the higher Degrees? If so, in what Faculties. 17. All EYiindationers are obliged to proceed to the B.D., and also to do the exercises necessary for a D.D., but the degree itself has been dispensed with of late years universally . 18 Do your Statutes enjoin that your Fellowships, Studentships, Scholarships, or the like, be increased or dimished in number as the revenues of your College vary? Has such provision of the Statutes been acted upon? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society ? . t • • i i i 18. I have already said that our Statutes allow of our Fellowships being diminished when the revenues of our College are insufficient for their support ; but when I say that it is my deliberate opinion that the number of our Fellowships shoidd he reduced, and the funds of the suppressed E’oundations applied to other purposes above specified, I do not mean such a pro- ceeding should be construed to come within the Statute to which I reler, only that Statiite does contemplate a diminution of the Fellowships by a singular coincidence, though upon other grounds. . r- j • s 19. Do your Statutes contemplate the residence in College ot any Undergraduates noton the Foundation . Do they forbid it? Will you quote the clauses in your Statutes on which such permission or prohibi- tion rests ? 19. They do so. Statute xiv.; “Quoiiiam — possit.” Here Commoners, Batellers, and Servitors are specified ; but then Statute vii. ed. f. “ Communarii vero exigendum, Com- moners are clearly divided into three grades, equivalent to Noblemen, Gentleman-Commoners, and simple Commoners. 20. What amount of pro|)erty vacates a Fellowship, Scholarship, or the like, according to your Statutes . Is the rule enforced equally with regard to real and personal property ? Doyou conceive that theenfoice- ment of such a rule at the present time would be beneficial to the Society ? 20. 100/. a-year in land is understood to vacate a Fellowship, but we have no rule as regards funded property. I certainly think one ride should apply to both, but think the above sum too small in these days. Fellowships are not like professions, where a person may increase his income as he grows older in them. 21. Is the Head of your Society, statutably required tc enter into Holy Orders? How many of your Fellows, Students, or the like, are subject to the same rule ? If the Statute be not observed, on what authority does the non-observance or dispensation rest? Is the obligation to enter into Holy Orders expressly laid down by Statute, or is it deduced from an injunction to study theology, from an injunction to discharge clerical duties now disused, or from any other like provision ? 21. The Head of our College is not obliged to be in Holy Orders, or to take them. Sir L. Jenkins, our most distinguished Principal, was a layman. All our Foundationers, I should say, judging from Statute xxii., though Statute xxiii. only expressly mentions Fellows, are obliged to take Holy Orders when B.D. standing. But as Scholars are superannuated, i.e. excluded from Fellowships, after 26 years of age, neither the Statute relating to Holy Oi’ders, nor that relating to the higher degrees, affects them as such in the ordinary way, though it has happened that a Scholar has held on till the time for taking Holy Orders, and then resigned. . . . „ 22. Are your Fellowships confined to persons of a certain University standing? Is the admission of Undergraduates to Fellowships, or the restriction of Fellowshijis to persons of particular degrees, pro- ductive of inconvenience ? 22. M.A.’s and then B.A.’s, being Scholars, and, thirdly, Undergraduate-Scholars, are to have preference in a Fellowship election. None of these being eligible, M.A. s or B.A s, not being Scholars, or, lastly, non-members of the College, may be chosen ; but no candidate whatever is eligible who has not completed his 17th year, or who has exceeded his 26th. 23. Are clergymen excluded from presenting themselves as candidates for your Fellowships? Are laymen ? 23. Clergymen may and do stand, and are elected to our Fellowships as well as laymen. There is nothing in the Statutes to exclude them. ‘ 24. Are Fellows or other members on your Foundation allowed by Statute or other authority to hold eccle- siastical preferment? and, if so, to what amount? 24. Fellows and Scholars (implicitly) may not by the Statutes (Statute x.xx.) hold any ecclesiastical preferment worth 10/. a-year (in the language of the Statutes) ; but the Principal may to any amount, so long as it does not interfere with his residence and other College duties. 25. What statutable restrictions limit the selection of your Head? 25. The qualifications to be observed in the choice of a Principal (according to the Statutes) are, (1) that he be at least of the degree of M.A. ; (2) and 30 years old ; and, (3) celibate and not married (this condition, by the way, seems conclusive against the validity of the decree of the Visitor exempting that part of the oath where the Principal elect swears that he is unmar- ried ; for here we see none can he chosen who are married, and the Visitor has not power to (Jecree contrary to the Statutes) ; 4, according to the oath to be taken by the electors {i.e. the Fellows) he must be either one of the Fellows or of the late Fellows, if any are to be found capable (for these are ordered to have a “ caeteris paribus ” preference), or else one educated Jesus College. Rev. E. S. Foulkes B.D. Connexion of Scholarships and Fellowships. Higher Degrees. Increase and diminution of Fellowships. Commoners. Property disqualifications. Clerical restrictions. The Head may be a Layman. Academical restrictions. Ecclesiastical preferments. Election of the Head. 362 OXFORD UNIVERSITY COMMISSION. Jesus College. Rev. E. S. Foulhes, B.D. Benefices. Preelectorships. Schools. Visitor. Gentleman- Commoners. E.xhibitions. Battellers. Servitors. Bible Clerks &c. at Oxford or Cambridge simply. In the oath to be taken by the Principal elect, what may be called Protestant principles are fully enunciated, and the power of the Pope expressly disclaimed. 26. How many benefices in the gift of your Society have been added since the original Foundation? Will you state at what time and in what manner each was aequired ? Have you at present a fund for the purchase of advowsons ? 26. I am not sufficiently acquainted with the annals of onr College, to be able to answer this question accurately, and so prefer passing it over nnattempted. The Oxford Calendar will supply a list of benefices now in the hands of the College. We have no fund to my knowledge for the purchase of advowsons. 27. Are there any Prtelectorships founded in your College for the benefit of the whole University? Are Fellowships connected with such Pneleetorships ? If so, do the Statutes allow any special liberty of choice in the Fellowships so connected? 27. We have no Prtelectorships in our College, for the benefit of the whole University. Those which exist, belong to a former system, and were intended to benefit the College exclu- sively, of these the Censorship of Philosophy and Praelectorship of Dialectics combined, con- stitute the ]tresent Deanship, the rest are mentioned with their proper titles in the Calendar. 28. Has the College the nomination to the Masterships of any Schools? What control does the College e.xercise over such schools ? 28. Jesus College, or I should say, the Principal nominates to the Mastership of the Grammar Schools of Cowbridge, (where the College has just finished building a netv school, and master's house, &c., at a very considerable outlay.) of Bala, (where a similar outlay has been made from fuiuls in Chancery,) and of Abergavenny. In the last place the College can only act as Visitor, and is not therefore directly responsible for the condition of the school. We send down Examiners to the first and last yearly, who make reports of the progress and deserts of the boys individually and collectivelj’. 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your College? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or Ordinances? 29. The power of the Visitor will be found set forth in Tit. 34, which is headed “ De ex- planatione dubiorum quorundam in Statutis prarcedentibus,” and it is likewise touched upon in the oaths of the Principal and Fellows (Tit. 3, and Tit. 6). It will be seen from these pas- sages, that it is limited to the doubtful parts of the Statutes expressly; with respect to which his “interpretations, declarations, and expositions,” are to be as binding as the Statutes them- selves. I am not aware that the Visitor has ever decreed otherwise than conformably with these specifications, except in the case of the marriage of the Principal, about which, as 1 have said, there are two opinions. 30. Are Gentleman-Commoners in your Society called upon to pass the same examination at entrance as other persons? Do they follow the same course of studies, and are they subjected to the same discipline, as other persons in stntu pvpillari? To what charges are they liable, beyond those borne by other inde- pendent mendiers ? 30. There have never been any Gentleman -Commoners admitted within my experience. Thev were discontinued some time back, for reasons which approved themselves to the then governing body, and have never been resumed. I believe they used to be treated much in the same way as they are elsewhere, for the most part, throughout the University. 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society? What are the sources and what is the amount of the assistance so received ? 31. This question I cannot answer fully, our Exhibitions are confined as much as our Founda- tions, and I should sav the majority of them are small in value, though not all. It is not often that the same individual holds a Scholarship and Exhibition at the same time, and Exhibitions are at present given away, more with reference to the pecuniary circumstances of the indivi- dual, than from any other consideration; provided, of course, that he belongs to those parts to which the Exhibition is attached, and is generally studious and well behaved. Exhibitions are not unfrequently taken away for bad behaviour ; yet from the peculiar circumstances of our College, most Undergraduates are admitted to one or more of the Exhibitions, after their first year. Our Exhibitions are in all cases, I believe, settled as to their amount, tenure, quali- fications, and the like by those who bequeathed them. 32. How many persons'are supported, vvholly or in part, in your Society as Battellers, Servitors, Bible Clerks, or the like? What are their duties, and what are their stipends or other emoluments or immunities ? How are they chosen? Are they marked by any particular dress? Was the number ever greater? If so, can you state why it has been reduced? What do you consider to be the advantage or disad- vantage of such a body of scholars ? 32. Battellers have been discontinued in our College (I cannot say for what reason ; unless it was that they were found to be less profitable — they only paid half room rent and tuition) foi' about fifty years. They were up to that time a numerous body. Whatever reason led to their extinction, probably led to a diminution of the number of Servitors likewise. I think I have counted as many as 18 or 20 Servitors at the same time, on the old buttery books. Now, however, we have only three: Lst. A Bible Clerk who receives a salary and gets his dinner commons at a reduced price ; 2nd. A Kitchen Clerk who keeps the book there, and gets his dinner commons for nothing ; and 3rd, a Buttery Clerk, who keeps the book there in the same way, and gets his breakfast and lea commons for nothing, and his dinner commons at a reduced price : all three pay nothing for room-rent, or tuition, and often have Exhibitions. I ha,ve known Servitors not only pay all their College expenses, but actually make money while resident. They wear a cap without a tassel, and a gown, I think, without plaits on the bands. For my own part I think their number might be increased advantageously, and the order of Bat- tellers restored no less : for did they exist in sufficient numbers to form a separate society amongst themselves, they would probably never exhibit the occasional fallings away into extravagance, and living beyond their means, which, from associating with Commoners, they do now. It is on the same principle that I have always inclined to the taking of Gentleman-Commoners, pro- EVIDExNCE. 363 vided they could be had in sufficient numbers to form a separate society apart from the Com- moners. It seems clear that our Statutes contemplated that the rich should to a certain extent pay for the poor, and so Gentleman-Commoners are ordered to be charged one-third more (m our Statutes) for their dinner than Commoners ; in order doubtless that the College might be in- demnified for the allowance made to Servitors. ^ , , . , t * o 33. How many Tutors are there in your Society ? How many Lecturers, Catechists, or other Instructors, who are not Tutors ? Hoes the Head of your Society take any direct part m the instruction : 33. We have three Tutors and a Mathematical Assistant Tutor, one Greek, one Latin, and one Catechetical Lecturer. Our Principal takes no part in the instruction. , 34. Are there any Tutors in your Society who are not or have not been on the Foundation. Uo they all reside within the walls ? 34. All our Tutors reside in College, and are Fellows. _ 35. Is each Tutor expected to lecture on all subjects ; or is there a division of subjects . . i . 35. The Tutors arronge lectures amongst themselves as may seem most expedient, but there is no division of subjects. , . 36. During how many weeks in the year are Lectures given’ in your Society? Will you state the average number of Lectures given weekly, and the subjects ? How many U ndergraduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra? 36. Lectures are given on an average 24 weeks in the year. Subjects— Horace, Euripides, Cicero’s Orations, Livy, Home)-, XXXIX Articles, Greek lestament Sophocles, Thucydides, Aristotle’s Rhetoric and Ethics, Euclid, Algebra, and Arithmetic, Greek and Latin Composition. Each of these, on an average, three times a week.^ Here and there a book is occasionally changed, e.«., Aristotle for Plato; and when called for there are extra lectures, e.q., in Loaic, ^schylus, Aristophanes, Juvenal, and the like. Till the new Examination Statute Logic formed one of the regular lectures ; and then there were seldom more t^ian two or three contemporaries who carried their mathematical studies beyond Euclid ami Algeiia. The number now seems to be on the increase. j * i 37. Are any members of the College required to attend any Professor’s Lecturcs, and are any means adopted by the College to secure profitable attendance, by examination or otherwise ? /• v at i 37. Some of the Undergraduates attend professorial lectures, e.g., those ot the Moral Philosopher, and Logic PrEelector. But neither at these, nor the Divinity lectures subsequently, is attendance now required in any sense by the College. . , . ■ <• 38. Can you state how many members of your Foundation and how many independent members ol the Society are engaued as private Tutors ? . i ^ 38. Two of our Scholars are working as Private Tutors here at the present moment, but no other resident members ol the College, that I know of. ■ u ■ . w * s 39. Can you state how many undergraduate members of your Society are now reading with pnvate t utors r 39. There maybe six of our Undergraduates now reading with Private lutors, but I should say not more. It is a practice that is not always discoverable, as it is discountenanced, except under special circumstances, by the College. . , „ c .i o i 40. What attendance at Chapel is required by your Statutes ? W’hat attendance is actually enforced i an by what means ? Is attendance at Chapel ever enforced as a punishment ? 40. The Prayer Book, a.m. and p.m. service, is not that enjoined in our Stat utes, unless upon Sundays and Saints’ days (?). It would appear that there should be four distinct servic^ daily in our chapel. 1. College prayers at 5-30 a.m., for Fellow's and Undergraduates. 2. Church prayers at 8 A.M., for Fellows in Orders. 3. Church prayers for Fellows in Orders at 4-o0; and 4. College prayers for Fellows and Undergraduates at 9 p.m. On Sundays and Saints days, Undergraduates are ordered to attend the 8 a.m. ; and 4-30 p.m. services with the Fel- lovvs over and above the earlier and later service. It is perhaps difficult to determine the name and nature of the services prescribed in the chapel ; but it seems clear that Undergra- duates are bound to attendance twice a day ordinarily, and three, or it riiay be four times upon Saints’ days and Sundays. Once a day ordinarily, and twice on Saints’ days and Sundays, is now the rule more or less; and non-attendance is ofteiier visited with a lecture than a punish- ment. The Holy Communion is administered once a month during Ternytime. 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in Chapel, and instruction given in other ways? a • i 41. I have already stated that we had lectures in Greek Testament and the Articles ; we have not unfrequently likewise a lecture in Old 4'estament History. Our sermons in chapel are only three throughout the year, but the Statutes obliged attendance at the University sermons, which is encouraged, though perhaps not enforced. o • -> aa-u 4-2. What is the average amount of the “ Battels” of each independent member ot your Society? What was the highest and what was the lowest amount in the year 1849? 42. The Battels of our Commoners {including Tuition and all other College dues), lange between 50/. and 80/. a-year, or thereabouts. Here and there are battels lower than even 50/., and occasionally one higher than 80/. But 60/. or 65/. is about the ordinary maik. n the year 1849 there were some high battels in the Midsummer lerm, owing to the ® strangers into Oxford, and the result was, that the highest annual amount was unusually high, viz., 91/. 18v. 9t/., while the lowest was 49/. 19s. \d. , , ^ , ta 43. Will you have the goodness to supply the Commissioners with a \yeekly Batte Bill of the average amount, and with a quarterly Battel Bill for each of the four quarters of 1 849, also of the average amount . 43. I am not able to comply with the request here made, as the Weekly Battel liills are not within my reach, and we had no Quarterly Battel Bills in 1849. But I take the liberty ol en- closing specimens of our present Weekly and Quarterly Battel Bills, the Bills of Prices, and the Matriculation Circular,* which I think will together be a good index to the expenses incurred Jesus College. Rev. E. S. Foulhes, B.D. Tutors. Lectures. Professor’s Lectures. Private Tutors. Attendance at Chapel. Religious instruction. Expenses. Sir, Jesus College, Oxford. I BEG leave to inform you that our Matriculation Examinations for this Term are fixed for . A letter of recommendation from the Master, under whose charge each candidate has last been, will be required. The candidates will be examined in two books of Euclid, Arithmetic including Vulgar and Decima 3G4 OXFORD UNIVERSITY COMMISSION. Jesus College. by our Undergraduates. The new system was the result of much calculation, and has been Hev E~^Foulkes ^ found possible to reduce the charges under the pre- B.D. ’ system, very considerably, so reasonable were they, and the conclusion drawn from a rigid scrutiny of them, was, that the chief recommendation of the present arrangement would be that the charges would be more direct and obvious. There are those whose regular living adds weight to their testimony, who calculate that they are saved between ‘21. and 3Z. a-year under the present system ; which is about the amount that was estimated, and this in a College of 60 or 70 members would make a difference of from 150Z. to 200Z. a-year to the College.*^ Fractions, Algebra to the beginning of Simple Equations, the Medea and Hecuba of Euripides, the first four bocks of Xenophon’s Anabasis, the twenty-first book of Livy, and three books of the Odes of Horace, and will be placed in the order of merit. The expenses of Matriculation for a Commoner average 5/., independently of the caution money (20Z.) deposited in the hands of the Bursar. It is a rule of the College that no one be allowed to come into actual residence, or to take rooms, before the third Term after Ids Matriculation. I am, Sir, Your obedient Servant, Battels. V eek Quarter, 1851. Jesus College, Oxford. Mr. Friday. Saturday. j Sunday. Monday. ■ Tuesday. Wednesday. Thursday. | £. S, d. Buttery Kitchen Coal Coffee, Toast, and Ale Letters Messenger Gate Bill Cruets 1 1 Total Amount of Weekly Battel-Bills. £. s. d. First week ....... Second ditto ....... Third ditto ....... Fourth ditto ....... Fifth ditto ....... Sixth ditto ....... Seventh ditto ....... Eighth ditto ....... Ninth ditto ....... Tenth ditto ....... Eleventh ditto ....... Twelfth ditto ...... Thirteenth ditto ...... NOTICE. Weekly and quarterly battel-bills are charged 2d. each. Letters are charged at \d. for every one received, or as pre-paid. '!'he charges of the gate-bill are— 2rf. from 9 to 10 p.m. ; Ad. from 10 to 11; Qd. from 11 to half- past 11 ; Is. from half-past 11 to 12; Is. 6d. after 12. The messenger is not allowed to charge more than \d. for a single message. The only gratuity sanctioned by the College is IZ. a Term to the bed-inaker, (10s. from servitors.) No bed-maker is, however, entitled to elaim it as his due, it being sanctioned expressly on the supposition that it would be withheld wholly or partially should he not give satisfaction to his master. All other gratuities are strictly forbidden. EVIDENCE. 365 .Jesus College. E. S. Foulke^ B.B. 44 What is the lowest yearly sum for which you have known an Undergraduate to live in your Sociely ? What is the lowest amount which you have known an Undergraduate to expend from his matnculation ^ 44 One of our most deserving Undergraduates who is in his third year, tells me that all his expenses, including clothes, books, grocery, travelling expenses, (not however taking into account his keep at home during his vacations), fall always within 80/. a-year. Of course Expenses, too neither his caution money, nor the furnishing of his rooms, are taken into account, nor indeed are these lost to him. ” It is by no means uncommon to find the same expenses defrayed for 100/ a-vear bv our Undergraduates. • 45. Do yon conceive that the College expenses could be materially diminished ? If so, will you state in 45 Looking at the cost of a gentlemanly education throughout England, in the present day, I must say that I scarce know where education (with so many adv^antages to boot) may be had at so cheap a rate. I think the only reduction that could be effected, would seem to be the charge for Tuition, which might he saved were the Tutors paid out of the funds arising pom suppressed Fellowships. Of course reductions will be made from time to time m points ot detail as the prices of things lower, and so forth. _ 46. Is the College library open to all members of the College, and what fees are paid to the library by 46 AlfunTe^gmduates may get books from the library, through one of the Fellows who Library, is responsible for them while out, and is required to see them put back when returned. 1 here are no library fees. , , r j 4 - c 47 What number of Undergraduates is your College capable of accommodating i' f n -nt u 47 'The number of our Undergraduates necessarily depends on the number of Fellows occu- Numbers, pying rooms ; but with our present number of Fellows in residence, I suppose we could accommodate about 60 Undergraduates (scholars included) with convenience. I cannot close my paper without making one or two remarks upon what has been said lieie, and in my former answers; and first I would wish to observe that the propriety of tests dis- cussed in my first paper, should be regarded as a wholly distinct question from any thing sub- sequently said respecting the opening our Foundations, or suppressing supernumerary fellow- ships For whether the first be determined affirmatively or negatively, it need be no prejudice to the last, and indeed would be argued upon totally distinct grounds. It has been ^ijggested to me, that in wishing to modify our present tests, and throw the matter upon the Colleges Alteration ot tests, themselves, one might be supposed to be scheming the return of Roman Catholic^ to the older Colleges. It is quite possible that result might ensue ; but I wish to state explicitly, that it was not one which distinctively weighed with me. Indeed I know not what modifications may have been introduced by authority since the Reformation, into the Statutes of those Colleges which were founded before the Reformation: and therefore I am by no means certain how far Roman Catholics would be gainers. But of this I am certain, that there is nothing ivhatever in our Statutes to prevent Dissenters being admitted to the Foundations of my own College, whether Headship, Fellowship, or Scholarship, and retaining the two last till the time tor taking Holy Orders. Nor is there anything in the statutab le discipline to which they could Jesus College, Quarterly Battel-Bill. University dues . • • • • a Tuition perquarter (Michaelmas quarter omitted) Catechetical Lecturer . Servants, cbiefly bed-makers * Shoe-cleaning * Waiting in hall . * Washing of table-cloths in ditto * Cleaning and use of knives and plates in ditto <= Attendance in common room Gas . • • • Oil and lamp-lighting . * Coal-carrier Chimney-sweep, at 9c/. a chimney Cleaning windows, at 6c/. a window, and grates 2s. 6c/. a grate, thrice a year ; and carpets at 2s. 6c/ a carpet, once a year Glazier ....•• Promus (per quarter, Michaelmas included) ^ Room-rent (ditto) .... £. Quarter, 18 . d. 5 10 0 1 6 2 10 0 0 5 0 5 2 6 5 2 0 6 at 0 2 2 N.B. — This quarterly hill contains all charges made to residents which do not enter the weekly battel-bill. Servitors, however, are exempt from tuition and room-rent, and pay only 1/. for servants, and nothing for coal carriage. Occasional residents up three days and above are charged in the weekly battel-bill 3s. for servants, and 6c/. for each of those charges marked with an asterisk. Residents during the Long Vacation are only charged for oil and gas. Promus is paid for keeping the books, and is charged to all residents and non-residents alike. ^ All Undergraduates (except Servitors) pay tuition from the time they come into actual residence till they pass the third examination, and also till they have paid nine of the above sums. Charged to all under six years’ standing. ® Charged only to resident M.A.’s. . , . , • i r. _ ^ Room-rent varies with the size of the rooms. None are charged before coming into actual residence, or after they cease to hold rooms, which are not tenable for more than twelve terms ordinarily. Servitors are not charged room-rent, ana Scholars, who are always entitled to rooms while resident, are allowed 71. a-year towards it. 366 OXFORD UNIVERSITY COMMISSION. LEGE. Foulkes, not conscientiously conform, I mean such as have received Christian baptism : and I do think it a problem well worth considering- whether very much of the misunderstandings and prejudices which rend the whole Christian family, might not be removed or softened by Christians' of all denominations, being more brought together than they are now ; and may not the present be a good opportunity for trying the experiment in a common University ? By leaving the Statutes as they are, with reference to the theological degrees, and the conditions of those degrees as they are to the discipline of the Church of England, the Church of England would still exer- cise predominant influence over the Colleges and University ; while by removing or modifying the religious tests in a University matriculation, numbers would be brought into contact with the mild spirit of the English Church, who are now estranged from her; and I very much doubt whether more would be surrendered than would eventually be gained to her cause. But be that as it may, I think the circumstances of our common country require a change, and it is one which, if judiciously made, might in my humble opinion do much to reunite Christians in one body. These, and therefore none more narrow, are the reasons which influenced me Rate of Charges to be made in the Kitchen. Soups, per half-pint. s. d. s. d. Mock turtle 0 7 Hare . 0 5 Julienne .... 0 5 Carrot 0 6 Mulligatawny 0 7 Vermicelli 0 6 O.x-tail .... 0 7 While 0 7 Ox-cheek .... 0 6 Palestine . 0 6 Giblet ..... 0 6 Beef tea 0 6 Gravy ..... 0 5 Broth . 0 3 Pea ..... 0 6 Fish, fowl, game. Joints, eggs. vegetables above the market price in the shilling, 2d. Dishes as follows. s. d. s. d. 1 lb. of beef steaks (before cooking) 0 7 4 kidneys * 0 7 ,, mutton chops (ditto) . , 0 7 ■y lb. sausages * 0 7 f lb. veal cutlets with bacon (ditto) 0 7 Sweet Omelette, for four 1 6 1 lb. of ham and 3 eggs . • 0 7 Savory ditto, for ditto • • 1 0 Sauces. S. d. s. d. Mint (one-sixth of the i pint) . 0 1 Egg . 0 2 Piquante .... 0 2 Apple • 0 2 Bread .... 0 3 Plain iish 0 2 Mushroom .... 0 3 „ butter 0 1 Caper .... 0 3 Currant jelly (1 oz.) 0 n Onion .... 0 2 Pickles (ditto) • 0 1 S, d. s. d. 1 oz. of mustard 0 2 4 oz. of salt . * 0 Oi 1 oz. of pepper . 0 2 J of orange . • • * 0 Oh ^ pint of vinegar . . 0 2 J of lemon • . • 0 Oh 1 oz. of sugar . 0 1 A commons is understood to include 5 ozs. of dressed meat and 4 potatoes, and to be charged Id . ; a second smaller or half commons, 3 ozs. of dressed meat and 3 potatoes may be had for od . ; 3 ozs. of cold meat for luncheon, 3c?.; of cold ham or brawn, 4c?.; 3 sandwiches, Zd.\ extra vegetables, namely, those in season, \d . ; salad according to the season, 3c?. or 2d. Pastry. A. d. s. d. Apple tart (for four), a fourth part 0 5 Maccaroni pudding 0 54 Rhubarb .... Vermicelli ditto 0 54 Currant .... Cream, a glass of, 14 to the qt. 0 5 Gooseberry .... Custards .... 0 3 Cranlierry .... 0 5 Jelly ..... 0 3 Damson (open) 0 5 Blancmange .... 0 3 Gooseberry, ditto . 0 5 Apple dumpling 0 3 Black currant, ditto 0 5 2 pancakes .... 0 4i Strawberry, ditto 0 5 Slice of plum-pudding 0 5 Apricot, ditto 0 5 Mince-])ie .... 0 4 Greengage, ditto 0 5 New Coll, pudding . 0 34 Bread pudding 0 3 Tartlet .... 0 4 Bread and butter ditto 0 3:V Cheese-cake .... 0 4 Raked plum ditto . 0 ,h' Roll pudding 0 4 Custard ditto 0 54 4 apple fritters 0 34 Rice ditto .... 0 4 4 orange ditto 0 34 Jams and jelly at D. Qd. per lb. or IW. per oz.. except apricot and greengage, which are 2s. per lb. s. d. s. d. Arrow-root, J pint 0 3 Barley water, 4 pint , 0 3 Sago, ditto . 0 3 Lemonade .... 0 2 Gruel, ditto .... . 0 3 EVIDENCE. 367 in what I said about tests in my first paper. With respect to the present paper, I should de- Jescs College. sire to be understood as laying stress particularly upon three points: 1. The throwing open ^ Foulkes, our Welch Foundations (possibly the Exhibitions might remain as they are) to Wales indis- B.D. criminately; 2. The suppression of superfluous Fellowships and application of the funds to Opening of Fellow- other purposes within the College, though, it might be, bearing upon the University ; 3. Eailier g}jjpg_ superminuation in the case of Scholars. Of course it would be materially for their solid suc- cess that these changes should not be made by strangers, or till it w’as seen whether Halls w'ere to be the medium for increasing our numbers in connexion w'ith the Colleges, and many other preliminary changes in the University settled. I think whatever changes are made, should be made as much as possible with reference to our Statutes, and no needless or wanton departure imposed on those sworn to observe them, and not to get them repealed. But I believe Statutes capable of a very wide interpretation, and I cannot doubt that our pious Founders and Bene- factors desired the good of our common country, no less than we ; it is to the difference between the circumstances of their times and our own, that we should ascribe the necessity of the pre- sent inquiry. I would add, that I doubt the expediency of doing away with the obligation Oblig^.on to take to take orders. 1. I think it is a wholesome restraint upon Fellows of Colleges, to be in ^ ''®' Holy Orders. I much fear there would be a large increase of immorality, were Holy Orders the exception and not the rule. 2. Advocating, as I do, the abolition of tests generally, I think the Church of England should (at all events forthe present) be allowed the indirect influence she would have upon College Fellowships, and Scholarships, through the Theological Degrees, to which only those in Holy Orders are admissible. 3. It would be too sudden and too violent a change in connexion with the other changes which are to be made. 4. It would slacken the succession ; as College livings would no" longer be the vent they are now for those getting into years (Besides too, what would then have to be done with College livings if the majority were to be laymen? Would they not be likely to defeat that object, if they remained attached to Colleges?) 5. I think of all professions, the clerical one is the most appropriate for carrying on the work of education. 6. I think it would be no bar to Dissenteis practically, were University tests abolished; they would be, moreover, able to enjoy Fellowships and Scholarships till the time for taking orders came, privileges which would seem quite as much as they could expect, or ought to have at the very outset. E. S. FOULKES, B.D., Fellow and Tutor of Jesus College. From the Common-Room Man. s. d. i s. d. 5s. tea for one, without cream and j Pale Ale 0 2 sugar (J oz. = 1 pint) . 0 Porter 0 2 2x. coffee (1 oz. = 1 pint) 0 2 Stogumber . 0 li Cream and sugar for one . 0 1 Bottled ale (qt. bot.) 0 10 Chocolate with ditto 0 4 „ porter, ditto 0 10 Dry toast for one (half a rack) . 0 u Pints of ditto 0 5 Butter ditto .... 0 2 Swig, per quart 0 10 Anchovy ditto 0 3 Bishop, per bottle (making) 1 0 1 muffin buttered . 0 H Sherry, ditto 0 10 1 crumpet ditto 0 H Punch, ditto 0 6 1 roll (large size) ditto . 0 3 Brandy (qt. bot.) . 6 0 1 tea-cake, ditto 0 3 Gin, ditto 3 0 Ale, per half pint . 0 U Rum, ditto . 4 0 Mild ditto . . . • 0 1 Whisky 4 0 In THE Buttery. s. d. s. d. Cheese, IJ oz. • 0 1 Bread, loaf of, (3 ozs.) 0 Oi Butter, i lb. 0 Ditto (10 ozs.) 0 U „ i oz. . • 0 1 Rolls (larger size) . 0 li Small beer, ^ pint . 0 oi Ditto (smaller) 0 1 Bread, loaf of, (^ quartern) 0 3 1 biscuit 0 li NOTICE. This list is to be supplied to all residents with the first battel-bill of the Term, at the charge of 2c?. A supplemental list is kept in the kitchen. The above charges are intended to specify the so much per head to be observed in all charges. Written orders, in all cases, of extra breakfasts, dinners, and suppers, are to be sent to the cook and common-room and buttery-man, who are to return them the following day with the charges affixed. . 1 1 11 •! j Four shillings a Term (or sixpence weekly for eight weeks) is to be charged to all residents, and sixpence a-week to all occasional residents, for the use of the cruets in hall, including sugar. At other times, the same articles, if had from the kitchen, will be charged as above. The ordinary commons of pastry may be had at dinner instead of the meat-commons, but it will then be charged seven-pence ; a second commons of pastry will be charged the usual price. Fish, if any, may be had in a half-commons when taken over and above the meat-commons. Undergraduates and B.A.’s not wishing" to dine will be charged only four-pence, provided they leave their names on the slate in the kitchen by 9 o’clock a.m. the same day. Any complaints should be made immediately to the proper authority. Jesus College, Feb. 5, 1851. 3G8 OXFORD UNIVERSITY COMMISSION. ■VVadham College. WADHAM COLLEGE. To Letter I. of Her Majesty’s Commissioners the following Answer was received; — My Lord, Wadham College, October 30, 1850. I BEG to inform your Lordship that I have received the copy of Her Majesty’s Com- mission of Inquiry respecting the University and Colleges of Oxford, which you have done me the honour to forward to me, together with the letter accompanying it ; and that my most considerate and respectful attention shall be given to the subject of them. I have the honour to be, my Lord, your obedient faithful servant, B. P. SYMONS, Warden. The Lord Bishop of Norwich. Answer from pie same to the Paper of Her Majesty's Commissioners, addressed to the Authorities of the University and other eminent Persons, containing Heads of Inquiry into the State, Discipline, Studies, and Revenues of the University. The Warden of Wadham begs to acknowledge the receipt of a printed paper from “Her Majesty’s Commissioners for the University of Oxford,” &c., dated the 18th instant, containing suggestions respecting the constitution of a University. Wadham College, November 23, 1850. To Letter II. of Her Majesty’s Commissioners the following Answer was received: — To Her Majesty's Commissioners for the University of Oxford. Gentlemen, Letter from eight We, the undersigned Fellows of Wadham College, Oxford, have reason to believe that Fellows of Wadham a letter containing certain inquiries was addressed by you to “the Warden and Fellows” of College. this College. We regret that no acknowledgment of that letter should have been returned. We think it but fair to ourselves to state that neither the letter, nor the matter it touched, were ever brought before us as a College. The Warden claims the power of refusing any discussion on the point. We do not wish to say that the Fellows, if consulted, would have answered the questions, or even that those who sign this would have done so. All we wish to do is to clear ourselves of any share in the omission to acknowledge your communication. We remain. Gentlemen, Your obedient servants, HENRY KING, Fellow. RICHARD CONGREVE, M.A., Fellow. GEORGE E. SAUNDERS, M.A., Fellow. SAMUEL JOSEPH HULME, M.A., Felloic. C. DOUGLAS ROSS, B.A., Fellow. H. B. BOWLBY. M.A., Fellow. RICHARD C. W. RYDER, M.A., Fellow. FRANCIS M. NICHOLS, B.A.. Fellow. Rev. B. P. Symons, D.D., Warden of Wadham College. Rev. John Griffiths, Letter III. of Her Majesty’s Commissioners the following Answers were received : — __1 Sir, December 30, 1850. To many of the questions subjoined to your circular letter of the 6th instant I now return my atiswers, which I have studied to make as concise and clear as I can. There are some of your Questions on which I am unable to furnish any information ; and I must add, without intending any disrespect to Her Majesty’s Commissioners, or to yourself, that there are others to w hich 1 do not feel myself at liberty to give an answer w’ithout the consent of my College, or of the individual Members of it concerned in them. I have the honour to be. Sir, Your very obedient servant, JOHN GRIFFITHS,* Senior Tutor of Wadham College. 1. Is your Society governed by Statutes ? If not, are there any orders or rules by which it is governed ? 2. If the Society is governed by Statutes, were those Statutes given by the Founder? Are the original Statutes in force, wholly or in part? If they are not in force, by what authority, and when have they been altered ? Statutes. Sl^ifntes given by the Foundress and still in force. 7. Does the College consist of several Foundations? if so, do the Fellows on the several Foundations enjoy the same rights and advantages? 7. No. For Mr. Griffiths’ general Evidence, see Part I., p. 202. EVIDENCE. 369 Rev. John Griffiths, M.A. Restrictions on Fellowships. Examinations. 8. Are there in your College any unincorporated or Bye Fellows? If so, by what Statutes are they Wadhaji College governed ? Do you consider such Fellowships beneficial to the Society ? or do you think their present ])osition might be altered with advantage? B. No. 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to com])etition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders? ^ 9. All the Fellows are elected from the Scholars; three of them may be of the Founders kin by preference. Six Scholarships are open to competition without restriction except in age^: by preference three may be natives of Somersetshire, three of Essex, and three of the Founder’s 11. Is the restriction absolute? If not, has the College availed itself of any facilities which the Statutes allow for opening the Foundation? 12. If' the Statutes give a “ preference” to certain candidates, how do you interpret such preference? 11,12. Such preference must be given if the Candidates be fit. Of their fitness the electors Preferences. are the judges. 13. Do you consider the present restrictions, if any, on the election of your Fellows, Students, Scholars, Demies, or the like, to be beneficial to the promotion of education or learning in the University, m your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? .... 13. I “consider the present restrictions on the election of” our Fellows, except the privdeges of the Founder’s kin, “to be beneficial to the promotion of education” in our own Society. I do not consider the restrictions on the election of our Scholars beneficial. 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly according to merit ? Is such merit tested by examinations ? 14. Yes. T-, L- 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like ? What is the practice in this respect ? 15. See 9. . 16. If your Fellowships are limited to those who are or have been Scholars, or the like, of your Society, has this system been found beneficial to the College? 16. See 13. . . u ^ 1 • , 17. Are the Fellow's of your College obliged to proeeed to the higher Degrees? If so, in what Faculties . 17. No. • 1 • j 18. Do your Statutes enjoin that your Fellowships, Studentships, Scholarships, or the like, be irmreased or diminished in number as the revenues of your College vary ? Has such provision of the Statutes been acted upon ? Do you conceive that the enforcement of such provision at the present time would be beneficial to the Society ? 18. No. , x' .1 • n 19. Do your Statutes contemplate the residence in College of any Undergraduates not on the Foundation . Do they forbid it ? Will you quote the clauses in your Statutes on which such permission or prohibition rests ? 19. They contemplate such residence, permitting but not enjoining it. 20. What amount of property vacates a Fellow’ship, Scholarship, or the like, according to your Statutes ? Is the rule enforced equally with regard to real and personal property ? Do you conceive that the enforcement of such a rule at the present time would be beneficial to the Society ?^ 20. Ten pounds per annum in real property only. I think it would be right and useful to have such a rule with regard to personal property also, of a larger amount, and when acquired by gift, bequest, or inheritance, but not by a man’s own saving. As to real property, it is very hard that by the existing law of England an heir-at-law cannot avoid an estate descend- ing to him from an intestate ow’ner, whereas a devisee can renounce an estate bequeathed to him, without performing an act of ownership. 21. Is the Head of your Society statutably required to enter into Holy Orders? How many ol your Fellows, Students, or the like, are subject to the same rule ? If the Statute be not observed, on what authority does the non-observance or dispensation rest ? Is the obligation to enter into Holy Orders expressly laid down by Statute, or is it deduced from an injunction to study theology, from an injunc- tion to discharge clerical duties now disused, or from any other like provision ? 21. The Warden must be D.D. No Fellow or Scholar is required to enter into Holy Orders. n t i j ■ ■ 22. Are' your Fellowships confined to persons of a certain University standing? Is the admission of Undergraduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, pro- ductive of inconvenience ? 22. No. . , X- 3 A 23. Are clergymen excluded from presenting themselves as candidates for your Fellowships? Are laymen ? 23. Neither. 24. Are Fellows or other members on your Foundation allowed by Statute or other authority to hold ecclesiastical preferment? and, if so, to what amount.? 24. To the value of 8/. in the king’s books. 25. What statutable restrictions limit the selection of your Head ? 25. He must be or have been a Fellow. If not a D.D. he must take that degree within a 26. How many benefices in the gift of your Society have been added since the original Foundation ? W ill you state at what time and in what manner each was acquired ? Have you at present a fund for the purchase of advowsons ? . 26. Seven: one about 180 years ago by gift; another about 130 years ago by gift; five within the last 40 years by purchase, from a fund bequeathed to us in 1806, and still existing. 27. Are there any Praelectorships founded in your College for the benefit of the whole University? Are F'ellowships connected with such Fiselectorships ? If so, do the Statutes allow any special liberty of choice in the Fellowships so connected ? 27. No. 28. Has the College the nomination to the Masterships of any Schools ? V hat control docs the College exercise over such Schools ? 28. No. Commoners. Property disquali- fication. Clerical restrictions. Ecclesiastical preferments. Benefices and advowsons. 5 C 2 370 OXFORD UNIVERSITY COMMISSION. Wadhan College. Rev. John Griffiths, M.A. Gentleman- Commoners. Bible Clerks. Tutors. Lecturers. Attendance at chapel. Religious instruc- tion. Library. Members. Rev. R. Congreve, M.A. Alteration of Statutes. Non-observance of Statutes. 30. Are Gentleman-Commoners in your Society called upon to pass the same examination at entrance as other persons.? Do they follow the same course of studies, and are they subjected to the same disci- pline, as other persons in siatu piipillarif To what charges are they liable, beyond those borne by other independent members ? 30. We have had no Gentleman-Commoner admitted since I have been Tutor. 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society ? What are the sources and what is the amount of the assistance so received ? 31. I cannot. 32. How many persons are supported, wholly or in part, in your Society as Batellers, Servitors, Bible Clerks, or the like? What are their duties, and what are their stipends or other emoluments or immu- nities ? How are they chosen ? Are they marked by any jiarticular dress ? Was the number ever greater ? If so, can you state why it has been reduced ? What do you consider to be the advantage or di.sadvantage of such a body of Scholars ? 32. Two Bible Clerks. They check the attendance in chapel and say grace in hall. They are chosen by the Warden after examination. They wear Scholar’s gowns. I believe there were Servitors in former times. 33. How many Tutors are there in your Society ? How many Lecturers, Catechists, or other Instructors, who are not Tutors ? Does the Head of your Society take any direct part in the instruction ? 33. Three Tutors, and one Mathematical Lecturer wdto is not a Tutor. The Warden takes a direct part in the instruction. 34. Are there any Tutors in your Society who are not or have not been on the Foundation ? Do they all reside within the walls ? 34. All the Tutors are Fellows and reside within the walls. 35. Is each Tutor expected to lecture on all subjects, or is there a division of subjects? 35. The Tutors divide the subjects among themselves as they think fit. 36. During how many weeks in the year are Lectures given in your Society? Will you slate the average number of Lectures given weekly, and the subjects ? How many Undergraduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? 36. During about 25 weeks: our Collections occupy two weeks more. From 65 to 70 Lectures are given weekly on Divinity, Classics, Logic, and Mathematics. About 10 or 12 Undergraduates attend the higher Lectures in Mathematics. 37. Are any members of the College required to attend any Professors’ Lectures, and are any means adopted by the College to secure profitable attendance, bv examination or otherwise? 37. No. 38. Can you state how many members of your Foundation, and how many independent members of the Society are engaged as private T utors ? 38. I cannot. 39. Can you state how many undergraduate members of your Society are now reading with private Tutors? 39. I cannot. 40. What attendance at Chapel is required by your Statutes ? What attendance is actually enforced ? and by what means ? Is attendance at Chapel ever enforced as a punishment ? 40. Twice a-day: but in this, as in most other things, a large discretion is given to the Warden. I believe he now requires attendance once on week-days and twice on Sundays, enforcing it by persuasion and argument alone, and never as a punishment. 41. What is the nature and extent of religious instruction given in your Society, distinguishing Lectures and Sermons delivered in chapel, and instruction given in other ways? 41. Undergraduates attend two Lectures a-week in the Greek Testament, so reading through the Gospels, the Acts of the Apostles, and most of the Epistles, during their resi- dence; and those of a certain standing attend also a Lecture once a-week on the XXXIX Articles. 45. Do you conceive that the College expenses could be materially diminished? If so, will you state in what respects ? 45. No. 46. Is the College library open to all members of the College, and what fees are paid to the library by each member? 46. Our Library is only open to Graduates. 47. What number of Undergraduates is your College capable of aceommodating ? 47. The College can accommodate 70 persons: the number of Undergraduates within the walls at any given time depends upon the number of Graduate Foundationers in residence. JOHN GRIFFITHS. The Rev. A. P. Stanley, Secretary to the Oxford University Commission. Answers to the same, from the Rev. Richard Congreve,* M.A., Fellow and Tutor of Wadham College. 3. Isjthere any provision in your present Statutes for their alteration or amendment ; or was there, in your original Statutes, any such provision ? 3. There is no provision in our Statutes for their alteration or amendment ; on the contrary, the intention seems to be that they should never undergo either. There is provision made for their interpretation. 4. Will you state in what respects, if any, your Statutes have ceased to be observed, whether owing to lapse of time or other causes ? 4. In points of teaching they are not observed, but the change seems owing to the entire change in that respect in the University. The provisions made for disputations, &c., are quite out of date, and seem to have contemplated a more exclusively collegiate education. There are other slight changes : some in the mode of life, such as the occupation of rooms, the talking Latin at dinner, the reading some portion of the Bible during dinner ; and with respect to residence, the provisions of the Statutes are not enforced. For Mr. Congreve’s general Evidence, see Part I., p. 151. EVIDENCE. 371 5 In what cases is the non-residence of your Head or your Fellows permitted by the Statutes, and o many of your Fellows are non-residents ? Would the University or the College be benehted, in your opinion, by the general enforcement of residence? _ 5 Non-residence is not contemplated by the Statutes as a practice. But there ai^ pro- visions for the non-residence of the Warden during four months of the year, and of the Fellows for 40 days, Scholars 30, and others 20. A discretionary power is given to extend this, but not, I conceive, with any intention that it should operate as it does, when we have only four of our number (15) resident. Wisely, how^ever, it has been interpreted to allow non-residence. 1 cannot see any good that would arise in the present state of things from bringing up into resi- dence more than are required for the purposes of tuition. „ tc . i w a • 6. Is the marriage of the Head of your College permitted by the Statutes ? If not, by vvhat authority such permission granted? Is that permission applicable to any other Members of the Foundation, besides the Head ? „ , i • ^ i- 1 1 6. No. The permission was granted by the authority of Parliament and is not applicable to any but the Warden. , -• 14. Are your Fellowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly according to merit? Is such merit tested by examinations ? , • .i 14. Yes. They are now and have been of late, and the Statutes strongly require tliey 16. If your Fellowships are limited to those who arc or have been Scholars, or the like, of your Society, has this system been found beneficial to the College ? . 16. I cannot judge how it worked when the seniority principle was much stronger in the elections. But for reasons given in my other answers I ihirik the connexion a good one and beneficial to the College, if fairly carried out, and with certain limitations there stated. 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your Collc-ge ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or Ordinances? ^ _ ■ i • ,i 29. Without quoting the clauses, I may say that the Visitor’s power is conceded m tlie Statutes as very considerable for the practical superintendence of the College Of his own accord he ought to interfere actively. This of course he does not do. Cases of appeal have occurred but on no very important points. 1 do not see that he has any power to give new Statutes. It is one of interpretation and practical government. The time of the visitation is limited, and the expenses incurred by the Visitor are to be defrayed by the College. 36. During how many weeks in the year are Lectures given in your Society ? V ill you ®tate the average number of Lectures given weekly, and the subjects ? How many Undergraduates attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? . . , , 36. Mathematics, Divinity, Logic. The classical lectures are given in the following books:— Herodotus, Thucydides, Livy, Tacitus, Cicero, Demosthenes, iEschylus, Sophocles, Aristo- phanes, Horace, Homer, Aristotle’s Ethics, Rhetoric, and occasionally Politics. Since the chano-e in the system by the new Statute it has become necessary to introduce Cicero, Demos- thenes, Homer. Further changes will be, I presume, required when the old system is entiiely at an end. . j 39. Can you state how many undergraduate members of your Society are now reading with private i uf ; 39. No ; but as a general rule all do, except those who merely go in for a pass and wfio are tolerably well advanced for that, but who do not feel inclined to exert themselves for more. 43 Will you have the goodness to supply the Commissioners with a weekly Battel Bill of the average amount, and with a quarterly Battel Bill for each of the four quarters of 1849, also of the average amount? , , . r .i 43. We have no Battel Bills. Every Saturday each man may see his expenses lor the week, but no bill is issued. . r • c , v 44. What is the lowest yearly sum for which you have known an Undergraduate to live in your Society . What is the lowest amount which you have known an Undergraduate to expend from his matriculation to his graduation ? , , t 44. I have known an Undergraduate live somewhat under 150Z. per annum. 1 conceive that many have done it considerably under, but I cannot speak as knowing the fact. Wadham College. liev. It. Congreve, 3I.A. Residence. Marriage of the Head and the Fellows. Examinations. Connexion of Scholarships and Fellowships. Visitor. Lectures. Private Tutors. Battels. Expenses. 372 OXFORD UNIVERSITY COMMISSION. Pemdroke College. PEMBROKE COLLEGE. Itev. T. F. Henney, M.A. Vicegerent of Pern- broke College. To Letter I. of Her Majesty’s Commissioners the following Answer was received: — My Lokd, Pembrohe College, Oxford, November 1, 1850. Thk Master of Pembroke College has delivered to me, as his Vicegerent, your Lord- ship’s letter of the 21st instant, addressed to him on the part of Her Majesty’s Commissioners for inquiring into the State, Discipline, Studies, and Revenues of the University and Collettes of Oxford. ° I shall be happy to assist the Commissioners in executing Her Majesty’s commands by furnishing whatever information I possess relative to the proposed objects of their inquiry. I have the honour to be, Y^our Lordship’s obedient servant, THOMAS F. HENNEY, Vicegerent. To the Right Rev. the Lord Bishoj) of Norwich. Rev. Francis Jeune, D.C.L., Master of Pembroke College. Revenues. Statutes. To Letter II. of Her Majesty’s Commissioners the following Answer was received: — From the Rev. Francis Jeune, D.C.L., Master of Pembrohe College, Oxford. My Lord and Gentlemen, In reply to your inquiries relative to the revenues, &c., of Pembroke College, I am instructed by the Society to lay before you the statement given below. As each of the Foundations in this College has its own endowments, and those often of different kinds and arising from several sources, our accounts are very complicated ; and the variations which arise from year to year — variations w’hich would probably compensate each other if all the property of the College were thrown into one fund, and divided between the members on the Foundation — cause great differences in the income of the persons whom they happen to affect. The statement laid before you is based on the accounts for the last year; but, in order to give a fair impression as to the average revenue, and to simplify the Return, some corrections have been made and fractions omitted. On the whole, the statement may be regarded as showing the probable income of the College for some years to come, should rents and interest on the one hand, and the number of members on the books on the other, continue sucli as they are now. I shall be happy to give any oral explanations which Her Majesty’s Commissioners may require. Tile College has no full copy of the Statutes which it could suffer to be removed from the custody of the Master, but it is willing to give every facility to Her Majesty’s Commissioners for inspecting and copying them. I have the honour to be. My Lord and gentlemen. Her Majestg’ s Commissioners Your obedient servant, for the University of Oxford. FRANCIS JEUNE, Master. Corporate revenues. Corporate Revenues. £. s. d. Land at rack-rent . . 1,606 12 9 Rent charges 285 15 8 Tithe rent charge . 295 4 6 Money (interest) . 584 14 8 Room rent . . 558 19 6 Decrements . 135 0 0 Fees . 25 0 0 Dues from the members, incidentals, and vacancies 707 18 9 Corporate revenues £4,199 5 10 Specific applica- Specific application of the Corporate Revenues. tion of corporate revenues. Head of the College £. s. d. Total. £. 5. d. 860 0 0 860 0 0 4 Tesdale Fellows, each 154 0 0 616 0 0 (3 vacancies; 2 ditto of Scholars.) 1 King Charles Fellow 154 0 0 154 0 0 Richard Wightwick Scholar, kin Fellow 95 7 0 95 7 0 Junior ditto ..... 74 7 4 74 7 4 Ditto, non-kin Fellow 74 0 0 74 0 0 2 Benet Fellows, each 20 0 0 40 0 0 2 Sheppard Fellows, each . 169 0 0 338 0 0 1 Phillips Fellow .... 80 0 0 80 0 0 4 Francis Wightwick Fellow's, each 70 0 0 280 0 0 4 Tesdale non-kin Scholars, each 28 0 0 112 0 0 2 Wightwick kin Scholars, each 28 0 0 56 0 0 2 Wightwick non-kin Scholars, each . 30 0 0 60 0 0 3 Francis Wightwick Scholars, each . 40 0 0 120 0 0 2 Benet Scholars, each 10 0 0 20 0 0 1 Phillips Scholar .... 40 0 0 40 0 0 EVIDENCE. 373 £. s. d. Members on the Foundation . • • ,3,019 144 Common expenses — Fabric, library, officers, taxes, rates, charities, inci- dentals 1,179 10 6 £4,199 0 10 Pembroke College. Mev. Francis Jeune, D.C.L. Master of Pembrohe College. There is but one small estate let on lease. The reserved rent is £ll 10s., and the fine, taken every seven years, something under £100. Number, Value, Tenure, of the several Unincorporated Scholarships and Exhibitions. £. s. d. L3,nd • • 335 5 10 Rent charges ..... • • 116 10 0 Money (interest) ..... • • 91 14 8 £543 10 6 Net. Application. £. £. d. s. d. s. 2 Rous Exhibitions (7 years), each 29 2 6 58 5 0 2 Cutler Boulter Exhibitions (7 years), each 36 8 0 72 16 0 5 Morley (10 years), each 9 14 0 48 10 10 1 Radcliffe ...... 18 18 8 18 18 8 8 Townsend (8 years, if resident), 5 residents 52 0 0 260 0 0 2 Oades, senior ..... 25 0 45 0 0 , , junior (4 years) . . . 2 Lady Holford (5 years), each 20 0 Of 20 0 0 40 0 0 £543 10 6 Exhibitioners, if non-resident, are not suffered, generally speaking, to retain their Exhibitions. To Letter III. of Her Majesty's Commissioners the following Answer was received: — From the Tutors of Pembrohe College. 1. Is your Society governed by Statutes? If not, are there any orders or rules by which it is governed ? 2. If the Society is governed by Statutes, were those Statutes given by the Founder? Are the original Statutes in force, wholly or in part ? If they are not in force, by what authority, and when have they been altered ? 1 & 2. By Statutes, given by a Royal Commission, of which Richard Wightwick, one of the Founders of the College, was a member; the other Founder, Thomas Tesdale, having left his property to add Fellows and Scholars to Balliol College, by will. One subsequent Statute seems to have been made by Wightwick himself, four years after the original Statutes were given. The original Statutes are in force generally, but Archbishop Laud, Visitor, enacted that, in ease no fit scholars should be found in Abingdon School, the College was to take them from any school in Berkshire. The Duke of Wellington, Visitor, has declared that this was a limitation, not an extension of the power vested in the College by the Statutes. Lord West- moreland, Visitor, has permitted Fellows to hold livings under a bond of resignation. 3. Is there any provision in your present Statutes for their alteration or amendment; or was there, in your original Statutes, any such provision ? 3. There is no such provision, but the College, with the sanction of the Visitor, may make new Statutes, provided they be not repugnant to the fundamental Statutes. 4. Will you state in what respects, if any, your Statutes have ceased to be observed, whether owing to lapse of time or other causes ? 4. In many respects; but the points in which the Statutes have ceased to be observed are in great part, as will appear from the following instances, trivial and unimportant. Such alterations relate to — 1st. The time of Divine Service, the attendance, and the penalties for absence. 2nd. The duties of servants. 3rd. Statutes respecting meals. 4th. Respecting residence. 5th. Respecting the Lectures and Disputations in the College. 6th. Respecting the Exercises to be performed in the College for Degrees. 7th. Respecting stipends of College Officers. 8th. Respecting the mode of keeping the accounts and managing the estates. 5. In what cases is the non-residence of your Head or your Fellows permitted by the Statutes, and how many of your Fellows are non-residents? Would the University or the College be benefited, in your opinion, by the general enforcement of residence ? 5. The Statutes undoubtedly contemplate the residence both of the Head and Fellows. Fellows, in accordance with the Statutes, pay a fine for non-residence. Mrs. Shepherd’s Fellows are allov^ed, by her indenture with the College, to be non-resident. Certainly not, unless they had employment in the College or the University, or were men devoted to literary pursuits. The Tutors of Pem- broke College. Statutes. Alteration of Statutes. Non-observance of Statutes. Residence of Head and Fellows. 374 OXFORD UNIVERSITY COMMISSION. Pejibkoke College. The Tutors of Pem- brohe College. Marriasre of Head and Fellows. Variety of Founda- tions. Restrictions on Fellow-ships. Preferences. 6. Is the marriage of the Head of your College permitted by the Statutes? If not, by what authority is such permission granted ? Is that permission applicable to any other Members of the Foundation, besides the Head ? 6. The marriage of the Head is not prohibited; that of the Fellows and Scholars is pro- hibited, under pain of losing their Fellowship or Scholar.ship. 7. Does the College consist of several Foundations? if so, do the Fellows on the several Foundations enjoy the same rights and advantages ? 7. The College consists of several Foundations. The emoluments of each Foundation are separate. One Fellow/ is excluded from certain offices. The removal of such disqualification would be of decided benefit to the Society. 8. Are there in your College any unincorporated or Bye Fellows.? If so, by what Statutes are they governed ? Do you consider such Fellowships beneficial to the Society? Or do you think their present position might be altered with advantage ? 8. No. 9. How many of your Fellowships, Studentships, Scholarships, Exhibitions, or the like, are at present open to competition without restriction ; and how many confined to particular places, or schools, or to persons of the kin or name of Founders ? 9. None are entirely open. Mrs. Sheppard’s two Fellows must be persons who have passed their Examination for the Degree of B.A., and must, the one graduate in Medicine, the other be called to the Bar; other- wise they are open. Sir John Benet’s two Fellows must be elected from the Scholars, and the Scholars must be of two years’ standing, and not have been of the original Foundations, or capable of admission into them. These Fellows are elected for seven years, but may be re-elected, if they shall have been found very useful in the College. Francis Wightwick’s Fellowships and Scholarships are subject only to a preference in favour of persons of the name or kindred of Richard Wightwick; otherwise they are open. The Scholars, if found fit, succeed to the Fellowships. King Charles the First’s Fellowship is in the nomination of the Dean and Jurats of Jersey and Guernsey in turn, and confined to natives of the respective islands. Sir John Phillips’ Fellowship and Scholarship are confined to natives of Pembrokeshire, and, in default of such, to natives of South Wales. The Scholar succeeds to the Fellowship. Four Tesdale Fellows, and two Tesdale Scholars, must be of his kindred. Three Fellows, and four Scholars, are to be taken from Abingdon School. Two Wightwick Fellows, and two Scholars, must be of his kindred or name ; and one Fellow, and two Scholars, are to be chosen from Abingdon School. Five Morley Exhibitions are in the nomination of the Dean and Jurats of Jersey and Guernsey, and are confined to natives of those islands. Eight Townsend Exhibitions are confined to persons educated in the schools of Gloucester, Cheltenham, Campden, and Northleach; but, by a Statute of the College, confirmed by his Grace the Duke of Wellington, Visitor, in case no fitting Scholars can be found in these schools, the College may throw open the Exhibitions to persons educatetl in the county of Gloucester, and, in default of such, to any persons, wheresoever born or brought up. One Exhibition, in the gift of the Master, is confined to the sons of Gloucestershire clergy- men. Two Exhibitions, founded by C. Boulter, Esq., are first to be offered to his kindred, and, in default of persons thus qualified, may be filled up by the Master and Fellows, as they shall think best. I wo are confined to persons holding Exhibitions given by the Governors of the Charter House. Four small Exhibitions are usually held by the Bible Clerks. Two Exhibitions, founded by Francis Rous, and in the nomination of his representative, are intended for persons of his kindred; and, in default of such, for boys educated at Eton. 11. Is the restriction absolute ? If not, has the College availed itself of any facilities which the Statutes allow for opening the Foundation ? 11. The restriction in the case of the Wightwick kin Fellows and Scholars is absolute. In the case of the Tesdale Foundation the words are ambiguous, and Archbishop Laud’s inter- pretation .seetns to have limited rather than increased the powers of the College. In Francis \\'ightwick’s Fellowships there is an alternative of which the College has availed itself. King Charles’s Fellowship is absolutely restricted, so is Sir John Phillips’. We have above stated what has been done respecting the Townsend Exhibition. The Morley Exhibitions are absolutely confined. The Cutler Boulter leave an alternative which is acted upon. 12. If the Statutes give a “ preference” to certain candidates, how do you interpret such preference? 12. In the case of the Francis Wightwick Fellowships and Scholarships preference is given to persons of the name or kindred of Richard Wightwick ; but no such persons having appeared as Candidates, the College has not been called upon to decide this formally ; but tve conceive that if the merits of the preferred Candidate approximated to those of the unpre- ferred, the former woukl be elected. 13. Do you consider the jiresent restrictions, if any, on the election of your Fellows, Students, Scholars, Demies, or the like, to be beneficial to the jiromotion of education or learning in the University, in your own Society, and in the particular place, school, or family, if there be any, which is supposed to be favoured by those restrictions ? 13. All restrictions in the election of Fellows and Scholars are injurious to the University and to the College. To favoured places those restrictions bring little benefit; for instance, a native of Abingdon has very seldom been elected a Scholar of the College. To a School, such preference in tlie election to Scholarships ami Fellowships may bring additional Scholars — to a family it is of pecuniary benefit, but having a tendency to cause persons to enter upon a EVIDENCE. 375 Pjsmbrokk College. The Tutors of I’em- hroke College. Examinations. Higher Degrees. Increase and diminution of Fellowships. Property disqualification. career not suited to their ability or inclination, it is often in effect rather injurious than bene yow Fefiowships, Studentships, Scholarships, Demyships, or the like, disposed of strictly according to merit? Is such merit tested by examinations? . , ^ i- . 14. All that are at the disposal of the Society are strictly aisposed of according to merit, tested bv examination. , , i • u- .u 15. What is the statutable connexion between your Fellowships and your Scholarships, Demyships, or the like ? What is the practice in this respect ? 15. This question has been answered above. 16 If your Fellowships are limited to those who are or have been Scholars, or the like, of your Society, has^ this system been found beneficial to the College ? .. -a 16. It is very iniurious to the College and to young men themselves to expect with any degree of certainty that they will become Fellows. No Scholarship ought to be held for more than five years, with a view to increase the number of persons educated, and to widen the Fellows of your College obliged to proceed to the higher Degree? If so, m what Faculties I 17 The Wic^htwick Fallows must proceed to the degree of B.D. One of Mrs. fenep- oard’s Fellows'to the degrees of M.B. and M.D., the others to that of M.A. ^ 18. Do your Statutes enjoin that your Fellowships, Studentships, Scholarships, or the hke, be increased or diminished in number as the revenues of your College vary ? Has such provision of the Statute^ been acted upon? Do you conceive that the enforcement of such provision at the present time w'ould be beneficial to the Society ? . r, n r.:.,...,! 18 They permit it. This permission has not been acted upon, except when additional endowments have been given. The enforcement of such provision would certainly not be beneficial to the Society, the Fellowships being too small at present. , ? 19 Do your Statutes contemplate the residence in College of any Undergraduates not on the Foundation . ‘ Do they forbid it? Wilt you quote the clauses in your Statutes on which such permission or prohibition 19 Thef permit the residence in College of Undergraduates not on the Foundation.* Commoners. 20 What amount of property vacates a FelTowship, Scholarship or the like, according to your Statutes? Is the rule enforced equally with regard to real and personal property ? Do you conceive that the enforcement of such a rule at the present time would be benefiml to the Society 20 Twenty pounds and ten pounds in the case of the Tesdale and Wightwick Fellovys respectively. Mrs. Sheppard’s Fellows lose their Fellowships only if they have 500Z. a year in land. The rnle is not enforced as regards personal property — we think the rule altogether bad; we do not need poor men, but able men. . tt , i i u e 21 Is the Head of your Society statutably required to enter into Holy Orders ? How mariy of your Fellows, Studente, or the like, are subject to the same rule ? If the Statute be not obser^d, what authority does the non-observance or dispensation rest? Is the obligation to enter into Holy Orders expressly laid down by Statute, or is it deduced from an injunction to study theology, from an injunc- tion to discharge clerical duties now disused, or from any other like provision ? 21 The Head need not be in Holy Orders, but probably will always be so, as a Canonry of Gloucester is annexed to the Headship by Act of Parliament. All the Fellows and Scholars, with the exception of Mrs. Sheppard’s Fellows, must enter into Holy Orders, and no dispen- sation is^givem r confined to persons of a certain University standing .? Is the admission of Undergraduates to Fellowships, or the restriction of Fellowships to persons of particular degrees, pro- 22. TtjrTes'^dairFXwr must be Bachelors of Arts, and Mrs. Sheppard’s Fellows must have passed their Examination for that degree. The Wightwick Fellows, on the original Foundation, may be Undergraduates ; this permission is, we think, injurious both to the persons elected and to the College. t- n u- 3 a 23. Are clergymen excluded from presenting themselves as candidates for your Fellowships? Are laymen? ■n'vplnemnc ^>3 No; Mrs. Sheppard’s Fellowships excepted. 2U Are Fellows or other members on your Foundation allowed by Statute or other authority to hold ecclesiastical preferment? and, if so, to what amount? _ ■ c a -aI *i 24. No - but all Fellows, except Wightwick Fellows, may hold a living m Oxford with the permission of the Visitor; and all are allowed by Lord Westmoreland’s Decree to hold livings elsewhere under a bond of resignation. 25. What statutable restrictions limit the selection of your Head ? i , ii 25. He must be M.A. at least — thirty years of age — a present or late Fellow— or, m default of such, the College is directed to elect, first, from Balliol ; then, from University College; then, from the University at large. Sir John Phillips’ Fellow is not eligible to the office of IVI aster. ,,,. , .*113 ja* 0 xx-*ii 26. How many benefices in the gift of your Society have been added since the original Foundation .^ \\ill you state at what time and in what manner each was acquired ? Have you at present a fund for the 26. E^ghtrote'^gh'^^^^^ King Charles I. in 1629; one by Sir John Phillips in 1749; four purchased from the accumulated proceeds of Mr. Phipps estates between 1808 and 183 ; one purchased by funds left by F. Wightwick, Esq., about the year 1800 ; one, by funds left bv Dr. Smith in 1831. There is’ a fund of about 1600/. now available for the same imrpo.se. 27. Are there any Praefectorships founded in your College for the benefit of the whole University. Are Fellowships connected with such Praelectorships ? If so, do the Statutes allow any special liberty of choice in the Fellowships so connected? 27. No. Clerical restrictions. Ecclesiastical preferments. Election of Head. Benefices. Praelectorships. * Such permission is implied in the following clauses from the Statute de Coramensalibus seu Commi- “ Stafviimus ut commensales seu Comminarii propriis Impensis in collegio viventes fruantur commodita- tibus publicis collegii .... cameras habebunt habita rutione gradus et senioritatis. _ ^ 376 OXFORD UNIVERSITY COMMISSION. Pembroke College. The Tutors of Pem- broke College. Visitor. 28. Has the College the nomination to the Masterships of any Schools ? What control does the College exercise over such Schools ? 28. No. 29. Will you quote the clauses of your Statutes which set forth the powers and duties of the Visitor of your College ? Has the Visitor ever interposed his authority to relieve the College from the observance of any of the Statutes, or to make new Statutes or Ordinances ? 29. The powers of the Visitor, and the principal cases in which those powers have been exercised, have been already stated. The following clauses from the Statute de Visitatore Collegii define the powers of the Visitor : — “ Visifatoris erit dirimere, solvere, et dijudicare omnia dubia ad ipsum delata vel per magis- trum et majorem partem sociorum vel per Vicemgerentem et diias tertias partes omnium sociorum. Illius erit in amotionibus magistri sociorum aut scholarium, si prius non acquies- cant, determinare et concludere. Illius erit statuta dubia et obscura explicare.” The Visitor’s sanction is also required to any additional Decrees which may be made by the Master and Fellows, not contrary to the Fundamental Statutes: — “ Decreta si optis sit addere, id fiet per magistrum Collegii et majorem partem sociorum cum consensu Visifatoris, modo non adversentur statutis fundamentalibus.” — -Extract from the Statute, entitled, “ De Statutonim executione, explanatione, lectione.” Gentleman Commoners. Exhibitions. Bible Clerks. Tutors. Lecturers. Professors’ Lectures. Private Tutors. Attendance at chapel. Religious instruction. .80. Are Gentleman Commoners in your Society called upon to pass the same examination at entrance as other persons.? Do they follow the same course of studies, and are they subjected to the same disci- pline, as other persons in statu pupillari? To what charges are they liable, beyond those borne by other independent members ? 30. We have no Gentleman Commoners. 31. Can you state how many members of your Society receive assistance from Exhibitions or the like, not in the gift or under the administration of your Society ? What are the sources and what is the amount of the assistance so received ? 31. Eleven. These Exhibitions vary in annual amount from 15L to 80/., and their aggre- gate annual value is about 620/. 32. How many persons are supported, wholly or in part, in your Society as Batellers, Servitors, Bible Clerks, or the like? What are their duties, and what are their stipends or other emoluments or immu- nities .? How are they chosen ? Are they marked by any particular dress ? Was the number ever greater ? If so, can you state why it has been reduced ? What do you consider to be the advantage or disadvantage of such a body of Scholars ? 32. Two Bible Clerks. Their emoluments are sufficient, with economy, to pay their College bills and leave them a small surplus. They are selected from poor persons of considerable merit. There were formerly Batellers, but what their emoluments were we know not, nor why they ceased to exist. The advantage of such Scholars is great, if they be men of vigour and talent ; but we think it a serious evil fora man to be educated beyond his intellect, or raised to a station which neither his taste nor his abilities will enable him to adorn. 33. How many Tutors are there in your Society? How many Lecturers, Catechists, or other Instructors,, who are not Tutors ? Does the Head of your Society take any direct part in the instruction ? 33. Three Tutors. None. The Head of the College lectures in Divinity on Sundays and Saints’ days, and four days in the week on Civil Law and Political Economy. 34. ikre there any Tutors in your Society who are not or have not been on the Foundation? Do they all reside within the walls? 34. No. Yes. 35. Is each Tutor expected to lecture on all subjects, or is there a division of subjects ? 35. One Tutor lectures on Mathematics exclusively. The subjects on which the Classical Tutors lecture are not formally divided, but practically ; one Tutor usually lectures on Moral Philosophy and Rhetoric, the other on Logic, and both on matters ot Scholarship. 36. During how many weeks in the year are Lectures given in your Society ? Will you state the average number of Lectures given weekly, and the subjects? How many Undergraduates attend Mathemati^ Lectures beyond Arithmetic and the Elements of Euclid and Algebra ? 36. Lecttires are given during about twenty-five weeks in the year, and the College Exami- nations occupy about two weeks more. The average number ot Lectures given weekly is about fifty-two. About twelve attend Mathematical Lectures beyond Arithmetic and the Elements of Euclid and Algebra. 37. Are any members of the College required to attend any Professor’s Lectures, and are any means adopted by the College to secure profitable attendance, by examination or otherwise ? 37. No members of the College are required to attend Professors’ Lectures — but almost all Candidates for honours do attend, and many others. 38. Can you state how many members of your Foundation and how many independent members of the Society are engaged as private Tutors? 38. Two on the Foundation, and three independent members. 39. Can you state how many undergraduate members of your Society are now reading w’ith private Tutors? 39. About ten ; but most of those only for a few weeks preparatory to the Public Exami- nations. 40. What attendance at Chapel is required by your Statutes ? What attendance is actually enforced ? and by what means ? Is attendance at Chapel ever enforced as a punishment? 40. The Statutes contemplate attendance twice daily, unless permission of absence be obtained for some reasonable cause. Attendance is actually enforced twice on Sunday, and once every other day; but some Undergraduates attend more frequently than they are required to do by the above regulation. Additional attendance is sometimes enforced as a punishment for neglect of due attendance. 41. What is the nature and extent of religious instruction given in your Society, distinguishing Leeturesand Sermons delivered in chapel, and instruction given in other ways? 41. Lectures are given on the Greek 'Fext of the New Testament, and on the History of the Old and New I'estaments — on the Thirty-nine Articles — occasionally, on other subjects. .4 EVIDENCE. 377 as Pearson on the Creed and Butler’s Sermons. No Sermons are at present delivered in Pembroke College. 42. What is the average amount of the “ Battels ” of each independent member of your Society ? What ^ Qoileffe. was the highest and what was the lowest amount in the year 1849 n • i -17 42 The hiahest amount of the Battels of an independent member of the College in the Expenses, year 1849 was 115Z. 13s. The lowest Battels of an independent member for the same year amounted to 55Z. Is. Qd. The average yearly amount of the Battels of independent members, we believe to be about 85Z. or perhaps somewhat less. The above Battels include, in additiori to the usual items, washing, coals, and all the expenses incurred by the private parties of Undergraduates, except wine parties. , , t, 1 wn r .u 43 . Will you have the goodness to supply the Commissioners with a weekly Battel Bill of the average amount, and with a quarterly Battel Bill for each of the four quarters of 1849, also of the average 43. wThaVe annexed a weekly Battel Bill of the average amount. The following are the amounts of about the average quarterly Battels for the year 1849 : St. Thomas's Quarter. Battels . . . £20 0 6 * Laundress . . .16 1 Coals . . • • 115 0 Lady-Day Quarter. Battels . . • £l9 14 5 Coals . . • . 1 18 0 Laundress . . • 1112 £23 1 7 £22 13 7 Midsummer Quarter ( Hall. Rev. John Hill, li.D. Term, j , hereby solemnly promise and declare that I vvill submit to the above regulations, and to all the discipline of St. Edmund Hall, of which I am about to be admitted a Member; and that I will be obedient to the Principal and Vice-Principal in all lawful commands. Witness my hand this d^y of , tti the year of our Lord God one thousand eight hundred and Mr. 1849, March 1. Rent and Government Chaplain Bible Clerk . Battels and Dues St. Edmund Hall. Lent Term Quarter. £. s. d. 3 0 0 . . . 0 3 6 0 6 0 j .£8 11 6 115 0 9 16 6 0 12 0 0 7 6 . . . 3 3 0 Rattels of St. Edmund Hall. 5 F Bed-maker Domus 'fuiiion 17 8 6 386 OXFORD UNIVERSITY COMMISSION. St. Edmund IIadl. Rev. John Battels of St. Edmund Hall. Mr. 1849, March 1. St. Edmund Hall. Easter Term Quarter. Rent and Government Chaplain . Bible Clerk • £. ,y. 3 0 0 3 0 6 d. 0 6 0 Battels and Dues • i £9 3 0 1 1 16 8 Bed-maker .... Domus ..... Tuition, Easter and Act Terms 10 19 0 12 0 7 6 6 8 0 6 0 21 14 8 Mr. 1849, September 1. Rent and Government Chaplain . Bible Clerk Battels and Duesi Assessed Taxes . J Bed-maker Domus St. Edmund Hall. Act Term Quarter. £. s. d. 3 0 0 0 3 6 0 6 0 [£338 < 0 15 9 ( 0 5 9 4 5 2 0 12 0 0 7 6 8 14 2 Mr. 1849, December 1. Rent and Government Chaplain Bible Clerk Battels and Dues Bed-maker Domus Tuition St. Edmund Hall. Michaelmas Term Quarter. £. s. d. 3 0 0 0 3 6 0 6 0 f £7 17 10 \ 18 5 9 6 3 0 12 0 0 7 6 3 3 0 16 18 3 Mr. Battels for the Week ending May 15th. ^'t. Edmund Hall, Oxford. 1851. Friday. Saturday. Sunday. Monday. Tuesday. Wednesday Thursday. ■ Bread, Butter, Milk, £. S. d. Breakfast Cream, &c. * Meat, Fowl, Esres, \d. id. hd.- id. id. id. Id. 0 0 Luncheon &c Qd. (id. Gd. Gd. Gd. Gd. Gd. Gd. 0 4 0 • • , • • • Gd. Gd.Gd. Ad. 0 1 10 Meat, V ege tables, Dinner Soup, &c. . Bread, Cheese, Beer, Is. 6(1. Is. Gd. Is. Gd. Is. Gd. Is. 6d. Is. 6d. Is. 6d. 0 10 6 Porter, &c. . \d. Id. Gd. 2d. \d. ld.6d.6d. Id. Id. Id. 0 a 3 Pastry, &c. • • . • 4d. 0 0 /\ Tea . Supper . Decoraments . . • - • . . . . . 7d. 0 0 7 id. Ad. id. id. id. id. id. 0 0 7i Coals and Wood .... 2s. %d. 0 0 8 Letters , , Porter’s Fees • . • • Id. 0 0 1 Sundries • • • • Total , . . • • • • 1 3 2 EVIDENCE. SUPPLEMENT TO THE EVIDENCE FROM LINCOLN COLLEGE. Answers from J.L. Kettle, Esq., M.A., Fellow of Lincoln College. My Lord and Gentlemen, % New Square, April 20th, 1852. I CONSIDER it my duty to send you the enclosed copy of tlie judgment recently delivered by the Bishop of Lincoln on certain appeals which had been made against the late election of a Rector of Lincoln College, and I respectfully beg to call your attention to the observations his Lordship has appended to his decision. As appellant I had stated that discreditable and corrupt practices had prevailed at the election, and I had supported this charge by a letter offering to prove on oral and written testimony — Firstly, that previously to the election certain of the Fellows had determined to elect no one Rector, whose election would not give promotion to themselves. Secondly, that they had, both by letter and in conversation, pronounced the gentleman they afterwards elected decidedly incompetent and most unfit for the office. Thirdly, that they had, by public Colleo^e testimonials and by private certificates of the most extraordinarily eulogistic kind, shown that they considered other gentlemen, formerly Fellows, but possessing no College living, to be not merely fit for the office of Rector, hvii preeminently qualified to discharge its duties with the highest credit to the College and to themselves. Fourthly, that after the election, when taxed with corruption, they had not denied the charge, but had in writing maintained that they had a right to prefer an incumbent, as such, to a non-incumbent. I further suggested that the Fellows should at all events be asked to explain on what grounds they preferred a person of whom they had written and spoken so depreciatingly to otliers of whom they had on serious and important occasions expressed such opposite opinions, and I defied them to mention any shadow of a reason, except the simple one that Mr. Thompson had a College living to vacate, and the other gentleman had not. I furnished the Visitor with copies of all the letters on which my charge rested, and he made some investigation into the matter, though 1 know not exactly what course he pursued, but his judgment shows that he considered the accusations I had brought were not refuted, as is further proved by a letter he wrote to me, saying that he “considered the circumstances connected with the election to have been such as fully justified the appeal.” It would be beside my present purpose to point out that if I had proved my case sufficiently to justify so severe a rebuke as the Visitor has administered to the College, I had also proved enough to justify his annulling the election. My object in troubling you with this letter and its enclosure is to show you what the Visitor, after investigation, has found to he the actual state of one of the Colleges tvhich elect their Fellows on close principles, and thus to add another to the many proofs of the low moral tone which prevails in such Societies, and the unscrupulous determination to sacrifice all other objects to their own preferment, which exists among inferior men anxious to quit a position they are consciously unfit for, but having no prospect of escape except through a College living. As you did me the honour of sending me one of your circulars requiring Information about the University, you will not think me intrusive in sending this letter as a reply, though an in- direct one. I have the honour to be, my Lord and Gentlemen, Your most obedient Servant, J. L. KETTLE, Felloio of Lincoln College. To the Oxford University Commissioners. 387 Lincoln College. Rev J. L. Kettle, M.A., Fellow of Lincoln College. Whereas two appeals have been presented to me, one by the Rev. William Kay B.D., late Fellow of Lincoln College, the other by John Lucena Ross Kettle, B.C.L., Fellow of the said College, in which they pray me, as Visitor of the said College, for certain reasons stated in the said appeals, to pronounce the election of the Rev. James Thompson, B.D., which took place on November 13th, 1851, into the office of Rector of the said Colleo-e, null and void ; I, John Bishop of Lincoln, Visitor of the said College, having" duly deliberated upon the matters stated and referred to in the said appeals, dismiss the said appeals, and confirm the election of the Rev. James Thompson, B.D. (Signed) J. Lincoln. Riseholm, April ^th, 1852. The Visitor feels it his painful duty to observe, that although he finds no sufficient ground in the statements which have been laid before him lor pronouncing that corrupt practices pre- vailed at the above-mentioned election, yet, looking at what passed at the election of the Rector on November 13th, 1851, in connexion with what }>assed at the election of the Sub-Rector on November 6th, 1851, and in the interval between the two elections,^ he finds much which is calculated to reflect little credit on the College. ' LONDON: Printed by W. Clowes and Sons, Stamford-street, I'or Her Majesty’s Stationery Office. PART I. UNIVERSITY AND COLLEGES OF OXFORD. CORRESPONDENCE RESPECTING THE PROPOSED MEASURES OF IMPROVEMENT IN THE UNIVERSITIES AND COLLEGES OXFORD AND CAMBRIDGE. Presented to both Houses of Parliament by Command of Her Majesty. 1854. [ 90 ] LONDON: PRINTED BY HARRISON AND SONS. LIST OF PAPEES. No. Page 1. The Chancellor of Oxford University to Viscount Palmerston December 13, 1853 1 2. The Chancellor of Oxford University to Viscount Palmerston December 30, 2 One Inclosure. 3. The Chancellor of Oxford University to Viscount Palmerston January 11, 1854 5 One Inclosure. 4. The Chancellor of Oxford University to Viscount Palmerston January 1.3, 8 Twenty-one Inclosures. 5. The Chancellor of Oxford University to Viscount Palmerston January 28, 19 One Inclosure. 6. The Senior Fellow of Balliol College, Oxford, to Viscount Palmerston January 19, 21 One Inclosure. 7. The Master of Pembroke College, Oxford, to Viscount Palmerston . . January 11, 34 8. The Principal of Magdalene Hall, Oxford, to Mr. Fitzroy . . January 24 , 34 9. The Warden of New College, Oxford, to Mr. Fitzroy January 27, 34 10. The Master of Pembroke College, Oxford, to Viscount Palmerston ., January 26, 37 11. The Principal of St. Alban’s Hall, Oxford, to Viscount Palmerston,. January 24, 37 12. The Principal of St. Edmund’s Hall, Oxford, to Mr. Fitzroy January 24, 38 13. The Warden of Wadham College, Oxford, to Viscount Palmerston . . February 1, 38 14. The Warden of All Souls’ College, Oxford, to Mr. Fitzroy . . January 31, 39 15, The Rev. E. C. Wooll combe to Viscount Palmerston.. February 13, 40 16. The Principal of Brasenose College, Oxford, to Mr. Fitzroy., , February 8, 40 One Inclosure. 1 7. The Dean and Chapter of Christ-Church, Oxford, to Viscount Palmerston February 22, 42 One Inclosure. 18. The President of Corpus Christi College, Oxford, to Mr. Fitzroy January 31, 46 19. The Rev. Henry Pritchard to Mr. Fitzroy January 31, 47 20. The Rector of Exeter College, Oxford, to Mr. Fitzroy January 31, 48 One Inclosure. 21. The Sub-Rector of Exeter College, Oxford, to Viscount Palmerston.. February 1, 50 One Inclosure. 22. Tlie Principal of Jesus College, Oxford, to Viscount Palmerston January 31, 56 23. The Rector of Lincoln College, Oxford, to Viscount Palmerston February 1, 57 24. The Provost of Oriel College, Oxford, to Viscount Palmerston January 28, 57 One Inclosure. 25. The President of St. John’s College, Oxford, to Mr. Fitzroy February 1, 60 26. The Principal of St. Mary’s Hall, Oxford, to Viscount Palmerston . . February 8, 61 27. The President of Trinity College, Oxford, to Viscount Palmerston . , February 1, 62 28. The Master of University College, Oxford, to Viscount Palmerston . February 1, 64 29. The Provost of Worcester College, Oxford, to Viscount Palmerston. . January 30, 66 30. The Provost of Queen’s College, Oxford, to Viscount Palmerston . . January 27, 66 31. The Deputy-Reader in Mineralogy, at Oxford, to Viscount Palmerston February 23, 67 One Inclosure. 32. The Chancellor of Oxford University to Viscount Palmerston February 22, 7 One Inclosure. VI LIST OF PAPERS. No. 33. The Chancellor of Oxford University to Viscount Palmerston Two Inclosures. 34. The Chancellor of Oxford University to Viscount Palmerston One Inclosure. 35. The Chancellor of Oxford University to Viscount Palmerston 36. Tlie Chancellor of Oxford University to Viscount Palmerston One Inclosure. 37. The Chancellor of Oxford University to Viscount Palmerston 38. Viscount Palmerston to the Chancellor of Oxford University 39. Mr. Fitzroy to the Heads of Colleges and Halls 40. Viscount Palmerston to the Chancellor of Oxford University 41. Viscount Palmerston to the Chancellor of Oxford University 42. Mr Fitzroy to the Warden of New College i Oxford . . 43. Viscount Palmerston to the Chancellor of Oxford University 44. Viscount Palmerston to the Chancellor of Oxford University 45. Viscount Palmerston to the Chancellor of Oxford University 46. Viscount Palmerston to the Chancellor of Oxford University 47. Viscount Palmerston to the Chancellor of Oxford University 48. Viscount Palmerston to the Chancellor of Oxford University 49. Viscount Palmerston to the Chancellor of Oxford University Page . February 15, 1854 72 . February 14, 89 . February 16, 90 . February 28, 91 . March 6. 94 . December 12, 1853 95 . January 21, 1854 96 . January 24, 97 . January 24, 97 February 4, 97 . February 16, 97 . February 22. 99 March 3, 100 . March 3, 100 March 3, 100 . March 4, 100 March 6, 101 Correspondence respecting the Proposed Measures of Improvement in the Universities and Colleges of Oxford and Cambridge. No. 1. The Chancellor of Oxford University to Viscount Palmerston. — (Received December 14.) My Lord, Knoivsley, December 13, 1853. I HASTEN to acknowledge the receipt of the letter* which your Lordship has done me the honour of addressing to me, as Chancellor of the University of Oxford, indicating the views at present entertained by Her Majesty’s Govera- ment with reference to the recommendations of the Royal Commissioners for inquiring into the state of the two Universities ; and requesting to he informed what measures of improvement the University, or, so far as my knowledge extends, any of its colleges, may be about to undertake ; and what aid they may desire from Parliament, in the form either of prohibitions, ot enabling powers, or of new enactments.” I have lost no time in transmitting this important communication to the Vice-Chancellor, to be by him submitted to the Board of Heads of Houses, which body will, I am convinced, give to it their immediate and respectful attention. The subjects to which it relates have engaged the anxious consideration of the authorities of the University, both before, and more pressingly since, theappearance of the report of Her Majesty’s Commissioners ; and pending the receipt of any more direct reply to your Lordship’s inquiries, I have requested the Vice-Chan- cellor to forward, for the information of your Lordship and of Her Majesty’s Government, the I'eport, printed within these few days, of a Committee specially appointed by the Hebdomadal Board to examine into the several recommenda- tions of the Commissioners. I feel assured your Lordship will be of opinion that the subject has been approached in a fair and candid spirit ; and you will perceive from the report, which I presume in the main expresses the opinions of the body by which the Committee was appointed, that some of the suggestions of the Royal Commissioners had been anticipated by the University ; that in some they have the satisfaction of concurring ; to some they offer modifications, or counter-propositions ; while to others they are compelled to submit serious and, in my humble judgment, well-founded objections. I cannot permit myself to doubt that these objections, and the arguments and evidence by which they are substantiated, will receive from the members of Her Majesty’s Government the consideration to which they are, on every account, eminently entitled. The University will receive with great satisfaction the avowal, contained in your Lordship’s letter, of the opinion of Her Majesty’s Government that ‘Repeated and minute interference by Parliament in the attairs of the Universities, and their Colleges, would be an evil ; ” and without pretending to express more than my own opinion, I cannot but indulge the hope that upon farther and mature reflection it may appear to Her Majesty’s Government most conducive to the interest of the Universities, and of the country of which they are so valuable an institution, that the recommendation to be offered to Parliament should, in the first instance at least, be limited to the passing of an enabling Act, removing * See No. .38. B obsolete or injurious restrictions, imposed by statute upon the free action of the University and the several Colleges , and empowering them respectively, under such checks and limitations as may be deemed necessary, and with due regard to the clearly expressed intentions of founders and benefactors, to carry into effect those measures of progressive improvement and of adaptation to the altered state of society which may from time to time commend themselves to their inde- pendent judgment, and be sanctioned by the test of experience. I confess that I should regret to see Parliament invited to legislate in detail for the govern- ment, discipline, and course of education of the Universities ; a task, which with all possible respect for both Houses, I own they appear to me very imperfectly qualified to accomplish satisfactorily ; while I cannot but apprehend that such Parliamentary interference would excite not unreasonable jealousy, and might probably lead to serious opposition. I have, &c. (Signed) DERBY. No. 2. The Chancellor of Oxford University to Viscount Palmerston. — {Received December 31.) My Lord, Knowsley, December 30, 1853. YOUR Lordship having now resumed the seals of the Plome Office, I have the honour to forward for the information of Her Majesty’s Government copy of a letter which I received a few days ago from the Vice-Chancellor ol‘ the University of Oxford, written by direction of the Board of Heads of Houses and Proctors, in reference to the important communication from your Lordship of the 12th instant. I have, &c. (Signed) DERBY. Tnclosure in No. 2. The Vice-Chancellor to the Chancellor of Oxford University . My Lord, Delegates’ Room, Oxford, December 19, 1853- IN accordance with your Lordship’s wishes I have requested the several Colleges to inform me, according to the terms of Viscount Palmerston’s letter to your Lordship of the 12th instant, “ what measures of improvement they may be about to undertake ; and what aid they may desire from Parliament, in the the form either of prohibitions, of enabling powers, or of new enactments.” I hope to be enabled early in the month of January to supply your Lord- ship with specific information upon this subject. In the mean time the Board of Heads of Houses and Proctors, to whom in obedience to your Lordship’s injunctions I submitted the letter you received from Viscount Palmerstom, are anxious to comply with your desire, and answer Lord Palmerston’s inquiries as far as they are able at present to do so with the least possible delay. I may, therefore, state at once that one or two of the Colleges are understood to have completed a revision of the whole body of their statutes, under the hope that some enabling powers may shortly be obtained from Parliament, by the aid of which the revised codes may be rendered valid. Some other societies have been for some time past engaged upon the same subject in conjunction with their respective Visitors ; others are looking forward to the aid of the legislature for the same purpose ; whilst some few conceive that they posses independent powers of alteration within certain limits, which they have exercised from time to time. It is stated in the report of a Committee of this Board to which your Lord- ship refers and eopies of which at your suggestion I have had the honour to forwnrd to the principal members of Her Majesty’s Government, that whilst they “ do not concur in one clause of the Royal Commissioners’ 30th recom- mendation, viz., that all oaths imposed by college statutes should be prohibited as unlawful, thev helieve with the Commissioners that ‘ declarations against 3 change in statutes are detrimental and ought to he abolished.’ ” They express an opinion accordingly, that “ declarations against change ought to be prohibited by the law of the land.” They are further of opinion, in accordance with the Commissioners’ 47th recommendation, that “ the Head and Fellows in each Society should be empowered under proper control to alter and abrogate statutes, and to frame new statutes as occasion may require ; ” and they venture to suggest “that the proposed changes should first have the concurrence of the Visitor, and should then before they become law be confirmed by a higher court specially constituted for this purpose ; ” and they apprehend that supposing some proper control of this nature to be provided in the first instance, it would not be either necessary or desirable that the supreme legislature should undertake the task of regulating the changes which should be made.'* They offer similar suggestions with respect to college trusts, under which scholarships or exhibitions are established, being of opinion “ that the intention of founders should be primarily considered ; ’’ but wishing that in this case also colleges should be empowered under proper control to alter the conditions of such trusts, so as to make them more consistent in reality than, in consequence of altered circumstances, they may be at present with the true spirit of the founders’ intentions.”f There is yet a further point which an enabling Act might comprehend in accordance, to some extent at least, with the 45th recommendation of Her Majesty’s Commissioners, viz., “ that if the Visitors have not the power at present to originate a visitation when not invited by the society, they should be empowered to visit their colleges and to correct abuses.’ j The Board desire me to state that they adopt these opinions and sugges- tions of their Committee respecting the Colleges, and they rejoice in the assurance of the good intention of Her Majesty’s Government towards these institutions, and particularly in the avowal of Her Majesty’s Government that “ repeated and minute interference by Parliament in the affairs of the Universities and their Colleges would be an evil, and that they are desirous to maintain the dignity of these institutions, and to secure to them the advantage of freedom of action. Proceeding to offer some reply to the inquiries of Lord Palmerston respect- ing the University itself, the Board desire me to add that changes have been suggested to them as desirable, involving alterations in trusts and wills which will necessarily require the assistance of Parliament. And, although they are not prepared at present to express an opinion upon the proposed changes, they would desire the aid of a short Act, empowering the University to consider and propose such changes, subject, as in the case of the Colleges, to the confirmation of a superior Court constituted for the purpose. § But with regard to the ffir greater number of suggested improvements, the University needs only to make alterations in the statutes. She has power at present to make and alter statutes, with the exception of a very few statutes which it is trenerally agreed the University has not power to alter without the Royal license, and, as some suppose, with the exception of some other statutes not to be altered without a similar permission. But the Board concur wdtii their Com- mittee in the belief that, under any supposition, the University needs no extraneous assistance for the alteration of her statutes besides the license of the Crowni-ll . • r 1 Your Lordship appears also to expect some detailed expression of the opinion of the Board upon the several measures of improvement to which the letter of Viscount Palmerston particularly refers. But you will undoubtedly have observed that they relate to some of the most serious and difficult questions in this important subject questions upon which different persons of great experience entertain various and conflicting opinions. To every one of these questions, indeed, the Committee before men- tioned devoted considerable time and attention, as may in some measure appear from their report. But it was also their especial duty to collect the opinions, so far as they could, of other members of Convocation ; and, together with their report, they have been enabled to present a volume of evidence with which they have been favoured by various persons, some of them of considerable practical acquaintance with academical questions ; and the Board will feel bound to give to this evidence its respectful attention. This report and evidence were only * Report of Committee, pp. 91-93. Ibid., p. 99. § Ibid., pp. 109, 1 10. B 2 f Ibid., p. 93. II R 'd., pp. 86, 90, 109. 4 printed and in the hands of all the members of the Board on the 5th instant, when the term was drawing towards a close, and the Board did not propose to form their conclusions upon these serious questions until the opening of the ensuing term. In the meantime they venture to observe : 1. With regard to the constitution of the University, that if the scheme of Her Majesty’s Commissioners has not been approved by their Committee, it has also been regarded as undesirable by most of those who have considei’ed the ques- tion. But the Committee have not merely objected to what the Commissioners have proposed, they have suggested various measures of improvem.ent, several of them involving changes in two of tliose particular statutes already referred to, which, it is admitted, the University has no power to alter without the special license of the Crown, so that propositions of this natnre cannot be submitted to the votes of Convocation until that license shall have been obtained.'*' 2. The subject of the extension of the University has also been considered in detail. It appears, indeed, by the report and the accompanying evidence, that to the general admission of students unconnected with colleges or halls very strong objections are expressed. It would be but a return to a system tried and found injurious, and fraught with serious danger, in the opinion of experienced persons, to discipline, morality, and even to religion. But this subject has of late years frequently engaged the anxious consideration of the Board, and various suggestions are now proposed by the Committee with the view of opening the advantages of the University, according to the desire of Her Majesty’s Govern- ment, to a larger number of students, and especially to those who have compara- tively limited pecuniary meaiis.f 3. It was less within the province of this Board, and, therefore, of their Committee, to consider measures of reform connected with the Colleges ; they could only adver to the subject so far as it affected the general interests of the University at large. Within these limits, however, the subject has been con- sidered by the Committee and by other experienced members of Convocation, and they do not appear to expect such advantages from the abolition of all restrictions upon fellowships as have been contemplated by Her Majesty’s Com-* missioners, even if their removal were not, as in some cases it would clearly be, an unjustifiable interference with the expressed intentions of founders. But they by no means object to all modifications of such restrictions, and they advert to the fact, well known in the University, that in the Colleges “ gene- rally there is a strong desire to reward merit, and to elect to fellowships upon sound and honest principles, and a growing desire to open fellowships to com- petition so far as the intentions of founders permit;” regarding this fact as a reason why the Legislature need not interpose to open fellowships further, except by that assistance to the free action of the Colleges themselves which has been already mentioned as most desirable, and which it would appear to be the wish of Her Majesty’s Government to afford.;}: 4. They have likewise ventured to offer some general suggestions upon questions connected with the tenure of fellowships ; but these also are subjects upon w'hich it would seem reasonable to consult more especially the experience, and collect the independent opinions of the separate societies. § 5. The subject, lastly, of the application of the revenues of particular colleges to public university purposes is still less within the province of the Board. But it is not altogether passed by in the report and evidence. The provisions for these purposes in two Colleges (the only Colleges, it is believed, in which the founders have contemplated such an object) are stated. The Board are not aware of any unwillingness to revive these institutions, or rather (for they have never been suppressed) to open them whenever they are required for the public benefit. And one of these Colleges has already proposed in a munificent spirit to endows a Latin professorship in furtherance of the object which they believe their founder to have had in view.}} It wmuld have been far more satisfactory to the Board, if upon all these subjects they could have referred to their own definite conclusions, or to those of the Convocation. But this at the present moment is beyond their power. They wuuld nevertheless most respectfully request your Lordship to solicit the * Report, pp. 66, 88. f Ibid'? pp. 26, 42. J Ibid., pp. 94, 95. § Ibid., pp. 95, 96. || Ibid., pp. 97, 99. attention of Her Majesty’s Government to the several subjects which have been thus slightly touched upon, and upon which they will no doubt desire to collect the opinions of those who are most intimately acquainted with the state and condition of the University. Whilst, in proof of the general intentions and earnest desire of this Board at once to preserve these valuable institutions, and to adapt them to altered circumstances by progressive and yet effectual improvements, they may not only, with your Lordship, justly refer to the appointment of a Committee to consider the recommendations of the Royal Commissioners, but also to the fact that more than a year ago the Board consulted your Lordship upon the pro- priety of soliciting the license of the Crown for the alteration of any of those statutes which these recommendations would affect, including those by which the existing constitution of the University is established. And they would now embrace the present opportunity of inquiring of your Lordship most respectfully whether the time has yet arrived when the Royal license should be sought for this purpose. I have, &c. (Signed) R. L. COTTON. No. 3. The Chancellor of Oxford University to Viscount Palmerston. — {Received January 12.) My Lord, St. James's Square, January 11, 18.54. I HAVE the honour to forward for your Lordship’s information, at the request of the Vice-Principal of Jesus College, Oxford, certain resolutions entered into by that Society, in reference to changes which they deem desirable in the College Statutes, and wLxich would require the intervention of Par- liament. I have, &c. (Signed) DERBY. Inclosure in No. 3. Resolutions adopted by the Society of Jesus College, Oxford. AT a meeting of the Society held September 28, 1853, it was agreed : “ That a Committee he appointed to consider what changes might advan- tageously be proposed in — and how effected for — the College ; and to draw up a report of the same for the consideration of the Society at the next collections ; “ That the Committee consist of the Principal, Vice-Principal, Mr. Dyke, Mr. Gilbertson, Mr. Foulkes ; and any three of them to form a quorum.” Present : The Principal, C. W. Heaton, T. Briscoe (Vice-Principal), C. M. Skottowe, R. Briscoe, Pt. Owen, W. Dyke, Edwd. Owen, L. Gilbertson, E. Kewley. E. S. Foulkes, The Committee held its meetings during the term ; and having drawn up a report, it was presented to the Society on the 7th of December, 1853 ; which report was slightly altered and adopted by the Society in the subjoined shape. 6 Present : The Principal, The Vice-Principal (T. Briscoe), R. Briscoe, W. Dyke, L. Gilbertson, E. S. Foulkes, C. W. Heaton, C. M. Skottowe, Robt. Owen, James Hughes, Edwd. Owen, T. R. Morrice, F. Kewley, Of the remaining 7 fellows, 2 are abroad as missionaries ; viz,, one at the. Cape, and one in Canada; 2 did not attend, but had been informed of the meeting ; 1 is in a state of health not admitting of his being present ; 1 is a probationer, and therefore excluded by the statutes from our councils; 1 is blank, the fellowship not being filled up. The Committee, considering that the various benefactors of the College intended to benefit the Principality of Wales, and feeling that their desire was to promote the cultivation of learning in natives of that country, are of opinion that these objects will be most effectually obtained by the removal of many limitations originally attached to the benefactions of the College : such limita- tions are those of schools, counties, dioceses, and the division of Wales into “North” and “ South.” 1 . The Committee therefore recommend that the 17 fellowships now subject to these limitations should henceforth be opened to the competition of natives of the Principality, without any respect to the place of their birth or education, excepting a strictly cateris paribus one, according to the terms of the several benefactions. 2. That the 16 scholarships now subject to the same limitations be likewise opened to the competition ot natives of the Principality, without respect to the place of their birth or education, excepting the creteris paribus one aforesaid. 3. That the Guernsey and Jersey fellowship be opened to the competition of tlie natives of the Channel Islands indifferently, on their presenting themselves to the College for examination. 4. That the competition for the 17 fellowships aforesaid be opened to natives of Wales, whether members of the College or not; the scholars, ccsteris paribus, retaining a preference. 5. That the competition for the 16 scholarships aforesaid be opened to natives of Wales, whether members of the College or not ; members of the College, cceteris paribus, retaining a preference. 6. That all the exhibitions of the College be opened to natives of the Principality, without further limitation to place of birth, respect being had to seniority in the College, poverty, learning, and morals. 7. That fellowships be voided by non-residence. 8. That scholarships and exhibitions be rendered void by non-residence ; this voidance not precluding such as have thereby ceased to be scholars from the preference in the competition for fellowships previously recommended. 9. That absence from College, excepting in vacations, during more than one academical term in any one year, be considered non-residence ; permission for longer absence being granted only in case of severe ill-health, or other grave cause : and that a curacy, living, tuition, or any permanent occupation, be not considered a sufficiently grave cause. 10. That the value of all the scholarships be equalized. 11. That the value of the following exhibitions be equalized; viz.: — Meyrick’s, 24 ; Bloom’s, 3 ; Powell’s, 2. 7 12. That in competition for the English fellowship, the scholars on that foundation should have only a cceteris paribus preference. 13. Where the terms “Wales” and “Welsh” have been used in these recommendations, it is understood that the county of Monmouth is mcludec . With respect to the Statutes of the College, the Committee are of opinion that it would be inexpedient to make any changes m them, except such as are necessary for carrying out the alterations above proposed, or tor conformi y w i i the Statutes of the University, or for adaptation to the circumstances of the times in things indifferent. Statutes. 1. “ Sexdecem sociorum et sexdecem scholarium.” — Some alterations may be requisite here. 2 & 3. With regard to the celibacy of the Priricipal, present practice is at variance with the “ oath ” under a decree of the Visitor. 4. 5. The regulations touching the election of fellows and scholars will need modifying, to suit proposed alterations ; vide especially the last clause. That the amount of property disqualifying election be changed from “ decern ” to “ centum libras,” of property of every kind. • f i r That residence of probationary year be expressed by “ residere msteacf ot That the clause relating to “ Socii disjuncti ” be omitted. 6. The last words of clause “ Item quod ad dicti Collegii melioritatem be altered from “ quamdiu vixere in hoc mundo ” to “ quamdiu hujusce Eoliegii socius fuere.” , . i i o That the clause containing the renunciation of the right ot appeal oa expunged. 7. That the whole statute be revised. 8. That the fines for non-attendance in hall be omitted. In the regulation of the Vice-Principal’s salary, to substitute for “^quadra- ginta solidos,” “ salarium prout Principali et Sociis conveniens \ideatui. ^ That the subject of the last clause be reserved for a general regulation for the amotion of College officers. 9. That the last clause be expunged. 10. That the whole statute be revised, with a view to accommodate it to modern methods of business. Query.— Whether the bursars should not be required to give the College security ? 11. That the regulations respecting the Censor Philosophise and tne Piie- lector Dialectices be revised. 12. That the public prayers be said in the chapel, morning and evening,^ according to the form prescribed in the Common Prayer Book of the Church of England. . . That Holy Communion be celebrated at least once m every month. That prayers at meals be continued, as at present. It is suggested that that part of Statute 12 which relates to private prayers be allowed to stand as at present ; the prayer Pro docilitate being added to them. 13. To be expunged. 14. To be accommodated to present practice. 1 5. To be expunged. 16. To be revised, according to the foundation of Sir Thomas Cannon. 17. That the words “Vel extra Collegii,” &c., down to “ utatur,” be omitted; and that the words “ Vel ad battellandum” be omitted. 18. To be expunged. 19. Omit from the beginning to perducatur.” Omit from “ sub conditionibus ” to repugnantes.” Omit from “ donee” to concesserit.” 20. To be considered. 21. To be reserved as at present, with the exception of expunging the reverse ” prescribed for the seal. 22. To be altered to suit the regulations of the University. 23. 24. That the penalty of expulsion for absence during more than two weeks of term be expunged. That the whole clause Et tamen” to “ approbitur” stand as follows : — “ Et tamen in omnibus vacationibus Universitati et Collegio agi solitis con- cedimus cuilibet socio dicti Collegii liberam facultatem se absentandi.” The last clause “ similiter,” &c., to be expunged. 25. That the clause touching purgation on suspicion be altered to suit the existing state of the law. 26. 27. Leave out the words “ Statuimus, ordinamns,” and fi-om sub poena ” to the end. 28. Leave out from clavesque ” down to denariorum.” Leave out also “ sex denariis.” 29. 30. That 300Z. per annum, in real or personal estate (excepting always what may have been amassed by a man’s own savings), be substituted for “ decern librarum.” That per sexaginta dies ” be altered to suit preceding regulations. That the clause relating to purgation be altered as above in Statute 25. d’hat in the clause of allowance in cases of illness, from “ nec summam ” down to “percipiat” be expunged. 31. To be revised. 32. That this statute be generally revised ; but in case the Principal be allowed to marry, that the College scouts be appointed by the Vice-Principal and Fellows. 33. Omit from ut licebit ” to the end of the statute. 34. 35. That this statute be expunged, and that a printed copy of the Statutes be presented to every member of the College on his hrst coming into residence. It is proposed that in all changes made for the regulation of fellowships and scholarships, the present respective holders be not affected thereby. (Signed) HENRY FOULKES, Principal. No. 4. The Chancellor of Oxford University to Viscount Palmerston. — (Received January 14.) My Lord, St. James's Square, January 13, 1854. PRESUMING that your Lordship would be desirous of hearing from time to time what steps the University and the several Colleges are taking respecting any proposed measures of improvement, I do myself the honour of transmitting to your Lordship copies of the correspondence which has taken place upon this 9 subject between the Vice-Chancellor and the Heads of Houses, which, with the report already forwarded by me to your Lordship from Jesus College, and that which the Master of Pembroke College has transmitted to Lord John Eussell, will place Her Majesty’s Government, as fully as circumstances will admit, m possession of the views at present entertained by the respective Colleges. ^ I have, &c. (Signed) DERBY. Inclosure I in No. 4. Note addressed by the Vice-Chancellor to the Head of each College. Worcester College, December 16, 1853. the Chancellor of the University, at the desire of Her yy™'"' ment havina: requested to be informed “ what measures of improvement any ol tte Colleges may bLbout to undertake, and what aid they may desire from Parha- menhin tlieVrm either of prohibitions, of enabling powers, or of new enacU ments,” the Vice-Chancellor would be much obliged to the Collef^e to send him such information, it possible, by January 1, Inclosurc 2 in No. 4. The Master af Vuwersity Colie, je to the Vice-Chancellor of Oxford University. Dear Mr, Vice-Chancellor, University College. December 24. 1853. IN reiilv to vour note of the 16th instant, communicating the desire ot the Chancellor of the University to be informed " what he am- of the Colleves may be about to undertake, and what aid they may cle fi mn kr iame rt in the form either of prohibitions, of enabling powers or new eirtm:)!;:;" Tte state that the Master -d Feiyivs o this some time had under consideration the propriety of "f!'‘ S y™ ^ ; their statutes, particularly with reference to the fellowships and scholarships, with a view to f ® ^ of those foundations ; and that they have made an apphcaaon restrictions to the Lord Chancellor as the ‘‘“.VX he answer to which has been but recently received. The subject is still undei ““1 h:?IfheJ"o';fat?Uiat no oaths are imposed upon the member, of this .bocietvlSrbidding them to seek for alterations in their statutes ; ^ ™ roval Wndation a power of altering them is vested m, and has been exeicised bv the Crown ’So that this College would seem not to have occasion to ask for any aid from Parliament, in the form either of prohibitions, of enabling powers^ or new enactments;” unless, possibly, the assistance of Pie egislature should he needed for any modification of trusts or endowments which the Society fiS; adfifat the older statutes of this Colkge were “myetely reused m the vear 1736, when a new body of statutes was drawn up, with the sanction of the Crown Pee in a great measure, from those disabilities, and ininu e oi ordin^es; usually to be found in the more ancient statutes ; and for several years past the Master and Fellows have been .smceiel> desiious of adoptino-^whatever measures of improvement might he within their powers, in ordLto°enable them to meet the requirements ol modern their institutions more efficient ; such as making the election and scholarships to depend upon merit, and opening rtiem statutes of the College, or the founder’s injunctions would m each ca"! founding, in 18,37 and 1841, three new open schoHrsh.ps out of then a j, income providing, in 1842, additional accommodation foi the ^^eption oi stndente, at a consUerable charge. for^ernX ‘o ^“c- the Society ; creating, in 1837 and 1853, additional College lectmeships, witn other measures which need not here be enumerated. I beg, &c. _ (Signed) F. C. PLUMPTRE. V 10 Inclosure 3 in No. 4. The Master of Balliol College to the Vice-Chancellor of Oxford University. My dear Vice-Chancellor, Balliol College, December 17, 1853. IN answer to your note of the 1 3th instant, I beg to inform you that the Fellows of this College have drawn up a scheme for the alteration of certain trusts or endowments which have been added to our old foundation, and which we at present are bound strictly to observe. 1 have, however, from various considerations, declined taking any part, or even concurring with them in this measure. But to enable them to carry their scheme (when sanctioned by competent authority) into effect, they would require the aid of Parliament to release them from the obligation of an oath, and to empower them to make such changes as may remedy the supposed defects in our institutions. I am, &c. (Signed) R. JENKYNS. Inclosure 4 in No. 4. Merton College. THE V^arden of this College, in a note to the Vice-Chancellor, dated December 20, 1853, implies that he would lay the subject of the Chancellor’s communication before the Society when they should meet after the vacation. In the meanwhile, it is understood from one of the Fellows, that the Society have had under their consideration a scheme for making certain alterations in their statutes, which is now before their Visitor. Inclosure 5 in No. 4. The Rector of Exeter College to the Vice-Chancellor of Oxford University. January 5, 1854. THE Rector and Fellows of Exeter College are very desirous of amending their statutes, many of which are become obsolete, and could not be revived without detriment to important interests of the College. They are desirous at the satne time of introducing such changes into their statutes as they believe would tend to promote more effectually the great ends which the founders had in view. But neither the charter of Queen Elizabeth, by authority of which their present statutes were framed, nor the statutes themselves, confer any legislative powers on the visitor, nor on the society itself for effecting this object. In anticipation, however, that such powers would be conferred by the Crown, or by the Legislature, the Rector and Fellows of Exeter College have had the subject of the revision of their statutes under their consideration from an early part of the year just elapsed ; and within the last six months a committee of the Society, consisting of the Rector and seven of the Fellows, has been diligently employed in a careful revision of the existing code of statutes, which they have completed and embodied in a report. This report has been sub- sequently submitted to the whole Society, and with some few amendments adopted by them, with only one dissentient voice. The most important alterations which it proposes are ; I. The conversion of 7 of the present 25 fellowships into 16 scholarships, 9 entirely open, and the remaining 7 subject to certain local restrictions ; but with a provision that in the case of no candidates properly qualified offering themselves, the scholarship should be thrown open for that term. II. The relaxation of local restrictions in regard to fellowships — by opening 7 to all British subjects being otherwise properly qualified, and by giving only a ■ .) 11 cfstcvis poTibus prcferGTice to the clo-ims of birtli within certain districts in the case of the remaining 9 to which they elect, d'here are two fellowships at Exeter College, the appointment to which is virtually exercised hy external bodies, the Dean and Chapter of Exeter, and the Dean and Jurats of the Islands of Guernsey and Jersey. In regard to these the College are about immediately to enter into a com- munication with the Dean and Chapter of Exeter, and hope to obtain their consent to some more satisfactory arrangement than the present. And in regard to the Dean and Jurats of Guernsey and Jersey, they propose to do the same ; but in the case of this fellowship it will be necessary to make application to the Crown, as it is of Royal foundation, being founded by letters patent of King Charles I. III. The permission to three fellows to be permanently non-resident, if pursuing law, medicine, or other liberal studies, such fellowships to be tenable for ten years from the time of election. IV. In addition to the above-mentioned three lay-fellowships, the college reserve to themselves the right to dispense with tbe obligation to take holy orders, in the case of two more of the Society under certain conditions. The Report has been laid before the Visitor, the Bishop of Exeter, who has signified his approval of the scheme submitted by the College, with few exceptions one of which is however very important the relaxation of local restrictions in regard to fellowships. The Visitor fully recognizes the fitness of the application to the Legislature for such povrers as will enable the College to «et rid of obsolete statutes, and introduce such new provisions as are required by the altered circumstances both of the College and the University. The prohibition of making or accepting changes in their statutes does neg; form any part of the oath taken by the Rector and bellows oi Exeter College, nor does anything of the kind occur in the body of the statutes themselves , but there is an ordinance of Sir William Petre, who w'as not the fra,mer of the present statutes, but only entitled to be consulted on them, appended to the body of the statutes, prohibiting all changes. But as the author! t}^ of this ordinance is doubtful, and it is moreover believed that it could not have been Sir William Petre’s intention to attempt to restrain the Crown or the Legis- lature from granting such enabling powers for the alteration of statutes as they might think fit to offer, nor the College from accepting them when offered, they have on these and other grounds, stated at length in their Report, felt themselves not restrained by this ordinance. At the same time they think it very desirable that, if the proposed measure of relief to Colleges should be in the form of an Enabling Act, such Act should not onlv declare all such prohibitions null and void as unreasonable and uncon- stitutional, but that it should sanction a power in Colleges of altering their statutes from time to time, under such restrictions as might be deemed by the Colleges and their Visitors safe. Such a power so guarded, the Rector and Fellows of Exeter College have endeavoured to provide in their revision of their statutes. They beg leave to add that it appears to them, after due deliberation, that the relief which they seek would be best obtained either by an Enabling Act, or by letters patent from the Crown, conferring on them the requisite powers. Signed on behalf of the Rector and Fellows of Exeter College, (Signed) J. L. RICHARDS, D.D., Rector. Inclosure 6 in No. 4. The Provost of Oriel College to the Vice-Chancellor of Oxford University. Dear Mr. Vice-Chancellor, Oriel College, December 30, 1853. IN the absence of the greater number of the Fellows of this College, the Christmas vacation having commenced just before your letter of the 1 6th instant reached me, I cannot answer for the Society “ what measures of improvement ” they may desire to undertake. C 2 12 But I may state in my own name : 1. That we liave no oath or declaration against change in our statutes, and do not appear, therefore, to require any “ aid from Parliatnent in the form of prohibitions.” 2. That we have an independent power, within certain limits, to alter our college statutes, or add to them, under the following clause in our original “ Ca;terum quia casus omnes futuri ah inicio certa lege includi non poterunt, seu statutis, idcirco volumus et ordinamus, ut si quas observancias vel statuta salubria et honesta per praepositum et decern vel octo seniores et discreciores dicti Collegii, de peritorum consilio, ad utilitatem et conservacionem institutionis pre- sentis, imposterum provideri contigerit, eas omnes et singuli de dicta domo futuris temporibus observare absque contradicionis obstaculo teneantur.” And although the original statutes of the College are short and general, and theie has been little occasion to alter them, yet the Society has exercised its power of framing new statutes from time to time during the last five centuries ; two of them having been pass.-d so lately as 1819 and 1821, when the late Bishop Copleston was Provost. Hence w'e do not appear to need “ aid from Parliament in the form of enabling powers or new enactments,'” unless the Society should desire to under- take such measures of improvement as would not fall within the scope and intention of our power of cliange. For our power appears to be limited to the enactment of such new statutes as shall be deemed conducive “ ad utilitatem et conservacionem institutionis presentis.” -Any alteration, indeed, of our original institution, as such, would be not only beyond the terms of this power, hut would be also a violation of our Charter of foundation. But these questions we have been accustomed to submit to the judgment of emineni lawyers, under the clause, “ de peritorum consilio,” wdienever w^e have proposed to pass any new statute. ■3. Biu I may add that we may and do, in practice, adopt improvements which require neither the formality of a new^ statute nor any additional powers. Thus it required no statute of any kind to enable the College, fifty years ago, to throw open its fellow’ships to competition, and make them the rewmrds of merit. And the only recent improvement wdnch need be mentioned, has been effected in the same way ; an improvement in accordance, indeed, with the wishes of Her Majesty’s late Commissioners, but adopted several years before the commission was issued. For in 1838, 1839, and 1840, the society, by a vote and decree of the College, established, out of its corporate funds, six open scholarships of £40 each per annum ; to wdiich we have added twm more in the present year, increasing also the value of the scholarships to £50 ]>er annum. And although we have no actual power to render such an institution permanent and binding upon our successors, it is nevertheless practically secure against any chance of alteration, so long as our successors shall find it really useful. Trusting that this reply to your inquiries, though written only in my own nanie, may be sufficient to meet the wishes of the Chancellor and of Her Majesty’s Government, I am, &c. (Signed) EDWARD HAWKINS. Inclosure 7 in No. 4. The Provost of Queen's College to the Vice-Chancellor of Oxford University. Dear Mr. Vice-Chancellor, Queen s College, January 6, 1854. WE have considered your note of the 16th of December ; we have also had before us the letter of the Home Secretary to the Chancellor of the University of Cambridge, which we assume to be substantially the same as that forwarded to the Chancellor of Oxford, and which has materially assisted our deliberations. Sensible of the desirableness of extending the benefits of education to deserving men of limited means, we largely augmented, in 1846, the emolu- 13 merits of the tabarders, at a considerable sacrifice of annual income. We have found that this inducement has brought us, from two counties, men who distin- guished themselves, and who would be worthy to obtain fellowships undei any system of election. It is also under consideration to found ten scholarships, without restriction as to place ol birth, two to be founded annually from the present year, value £50 each. r i i As regards local restrictions, we propose, under the power conferred by our statutes, to admit candidates from every quarter to examination, in the election to fellowships, as well as in those to tabarderships, still reserving the preferences prescribed by the statutes, from which many of us conceive that we cannot and ouo-ht not to depart. Hitherto only candidates born in the counties of Cumber- land and Westmorland have been admitted by immemorial custom ; and the fello'wships have been filled np from those who have been tabarders, without comp^ition^^ gtx.ongly of opinion that a limitation upon the duration of fellow- ships would greatly diminish their value as inducements to study, and that the proposed exceptions to its operation could not he evenly carried out. Sinecure fellowships are an admitted evil ; but we do not think that such a limitation would be an appropriate remedy. . The surrender of nny part of the revenues of the College lor the maintain- ance of Universitv professors, or other general purposes, is a subject to which, up to the date of your inquiry, we had not given attention. We are not, however, prepared to make such surrender ; as great sacrifices of income h^ye been made, and are under consideration, for purposes more immediately within our scope. No plan embracing other alterations has been matuied. ^ I have, &c. (Si 2 ;ned) J. FOX, Inclosure 8 in No. 4. The Warden of New College to the Vice-Chancellor of Oxford University. My dear Mr. Vice-Chancellor, New College, December 23, 1853. IN compliance with your request that I should acquaint you, for the infoi- mation of the Chancellor of the University, with the proceedings of this College with a view to measures of improvement, I beg to state that more than a- year ago the College invited their Visitor to hold a personal visitation. The Bishop of Winchester was pleased to comply with the request, and tlie visitation has taken place. In consequence of it various suggestions have been made, some of which have been approved and sanctioned by the Visitor, and are in progress of being carried into effect ; others are still under consideration. It is expected that^the whole will be shortly completed, and I am authorised to say that the result shall then be communicated to the Chancellor, if such be his Lordship’s desire. I am, &c. (Signed) D. WILLIAM&- Inclosure 9 in No. 4. (j The Rector of Lincoln College to the Vice-Chancellor of Oxford University.. Lincoln College, December 30, 1852., THE Rector of Lincoln presents his compliments to the Vice-Chancellor, and regrets that at present he is not able to return a definite answer to the communication which he has forwarded to him from the Chancellor. The Fellows usually resident had separated for the vacation before the Rector received the Vice-Chancellor’s letter, and will not return before the 28th of January, after which no time shall be lost in bringing before them the subject of the Chancellor’s letter. 14 Inclosure 10 in No. 4. The Warden of All Souls' College to the Vice-Chancellor of Oxford University. My dear Sir, All Souls’ College, December 21, 1853. I HAVE received your letter stating that his Lordship the Chancellor of the University wishes to be informed what measures any College may be about to undertake, and what aid will be required from Parliament in order to carry out alterations. In reply to this inquiry I beg to assure you that the subject of proposed alterations or improvements has been of late repeatedly and carefully considered in All Souls’ College. In the month of May a Committee, consisting of the Warden and College officers, was formed to consider whether any improvement could be introduced consistent with the tenour of the statutes. 1 will not now lead you at length into the subjects treated on in the “ Report of the Committee,” which was read to the College, and received at a meeting held on the 3rd of November last. It may be sufficient to state we did not consider tliat we had the power to to make alterations, or even to propose any not in accordance with the statutes ; and further, it was our opinion that if changes to an important extent were to take place, they could be effected only under the authority, and by the enforce- ment, of an Act of Parliament. In saying this I must express an earnest hope that the proposal of Her Majesty’s Commissioners for altering the statutes of the founder of Ail Souls’ College may not be adopted. I allude especially to that part of the proposal which suggests the annihilation of no less than 34 fellow- ships, and that the vacancy thus made should be filled up by the appointment of 4‘ professors, who are to receive 800/. per annum each from the college funds, but in the selection and appointment of whom the remaining members of the College are to have no voice. If it should appear to be the opinion of Her Majesty’s Government and the Houses of Parliament that extensive alterations should be made in All Souls’ College, I beg respectfully to express a hope that such alterations may be of a nature more likely to be beneficial to the University, and the country at large, than those which have been recommended by Her Majesty’s Commissioners ; and also I hope that power may be given to the Visitor to sanction and carry out such changes, a power which at present he does not possess. I am, &c. (Signed) LEWIS SNEYD. Inclosure 1 1 in No. 4. The President of Magdalen College to the Vice-Chancellor of Oxford University. THE President of Magdalen College respectfully informs the Vice-Chan- cellor, after consulting the resident Eellows, that he is of opinion, on account ot the shortness of the time allowed, and that during vacation, it would be inexpe- dient and unserviceable to summon a general meeting of the Fellows to take into their consideration what applications, if any, should be made to Parliament. Inclosure 12 in No. 4. The Principal of Brasenose College to the Vice-Chancellor of Oxford University. Oxford, December .30, 1853. THE Principal of Brasenose pleads the novelty of his position as the reason for the meagreness of his reply to the Chancellor’s inquiries. The Principal desires to state that the Fellows of his College are restrained by a most stringent statutable oath from proposing, or even from accepting, any change in their statutes. They are, however, sensible that certain alterations thereof are necessary for 15 the well-being of the College ; and they desire to be relieved from their embar- rassing situation. The Principal himself is anxious for early release by penal enactment from his obligation to administer any such oath at future elections of a Fellow. Inclosure 13 in No. 4. The President of Corpus Christi College to the Vice-Chancellor of Oxford University. My dear Vice-Chancellor, Corpus Christi College, December 28, 1853. IN reply to the question put by the Chancellor of the University through you, requesting information as to the measures of improvement which this College, with others, is about to undertake, and also requesting to know what aid it desires from Parliament, in the form either of prohibitions, of enabling powers, or of new enactments I can at present only express the geneial feeling of the Society, that it is desirous to see its foundation made to render the utmost amount of benefit of which it is capable; and that, although not prepared with anv plan of improvement in detail, the Fellows and myself will rejoice to find ourselves in a position wherein the prohibition to attempt any change in oui statutes being overruled as contrary to law and sound policy, and the oath neither to make nor accept change being declared not binding, because illegal, we inav feel ourselves justified in originating such alterations as we may in our consciences believe to be consistent with the spirit of our louiider s real intentions. I beg to add, as the expression of my own individual opinion, that the course which I should wish to see Her Majesty^s Cjoverninent adopt upon this subject, is the establishment of full jurisdiction and power in the Visitors of Colleges, in every case, to settle and determine all questions submitted to them by the several colleges, to the full extent of amending, alteiing, and dispensing with original statutes, and of enacting new ones, subject, if it be thought right, to the confirmation of some high Court of Law. 1 feel a strong conviction, not only that such a mode of proceeding would be in itself most just and proper, but also that it would be the most likely to disarm opposition, and promote the spirit oi judicious reform which exists to a great degree in the University, and which is probably checked by scruples more than by any other cause. For it would enable each Society to act etfectively under the immediate advice and superintendence of the living repre- sentative of its founder, and in that shape it would encourage improvement without doing unnecessary violence to the consciences of good men. I am, &c. (Signed) JAMES NORRIS. Inclosure 14 in No. 4. The Dean of Christ Church to the Vice-Chancellor of Oxford University. , Christ Church, January 4, 1854. THE Dean of Christ Church, referring to the Vice-Chancellor’s note, wherein he requests to be informed “ what aid his College may require from Parliament, in the form either of prohibitions, of enabling powers, or of new enactments,” begs to acquaint the Vice-Chancellor that, as this College has no statutes, it has no need of prohibitions, of enabling powers, or of new enact- ments. 16 Inclosure 15 in No. 4. The President of Trinity College to the Vice-Chancellor of Oxford University Trinity College, Oxford, My dear Mr. Vice-Chancellor, December 30, 1853. IN reply to your noie, by which you have conveyed to me the wish of our Chancellor to be informed “ what measures of improvement any of the Colleges may be about to undertake, and what aid they may desire from Parliament, in the form either of prohibitions, of enabling powers, or of new enactments,” I am directed on the part of this Society to state that, in pursuance of an unanimous request from the whole governing part of the body, our appointed Visitor, the Lord Bishop of Winchester, w’as pleased to hold a formal visitation here on Tuesday and Wednesday, the 24th and 25th days of January last, when the statutes were carefully read over, and various suggestions offered upon them, which are now before his Lordship, and doubtless have received every considera- tion ; but the pressure of many engagements upon matters of importance has prevented our case from being, as yet, particularly entered upon. To this reply of the Society I would beg to add a few words, to be under- stood as coming from myself only. This College is one of the later ones ; and its statutes, which bear date in 1556, are almost entirely a compilation from previous ones, the more antiquated parts of which are omitted ; and from a practical acquaintance with it for many years past, I am enabled to state my j^ersuasion, that our form of constitution has worked well, and with a friendly spirit amongst its members. But it is certain that all our regulations are not suited to the present times : and when I mention that the terras of my oath of office arc ‘‘ not to procure lessening, change, transferring, or annulling of any number of Fellows or Scholars, or permit or consent to it in any way ; not to make or receive any statutes repugnant to those given, unless with the consent and by the authority of the founder (submitting always to the interpretations of the Visitor appointed by him) ; nor to obtain, except from the founder, any dispensation from the oaths, or any of them, or the ordinances of the College, or to accept or consent to it in any wmy, if granted or offered gratis, by any authority, or under any form of wmrds whatsoever,” it will be at once apparent that I can have nothing to do with any change of statute, even were it a mani- fest improvement ; and that, should the legislature assume the authority (which I should hope it would not do) to release me from my oath, it could not do away with tlie moral obligation. Foundation members of the Universities are reproached with the non- observance of obsolete statutes, but what could be done ? Similar engagements probably exist in other Colleges, and conscientious and pious men, both of the present and past generations, being pressed by the difficulty, have considered it the least of two evils to suffer statutes which cannot be profitably brought into action to sink into desuetude, rather than permit or ask for their formal repeal, inasmuch as the one is the result of time and circumstances, for which they are not answerable, but the latter a voluntary act, inconsistent with a previous solemn promise. The rights of Colleges are surely to be respected, if not treated with indul- gence, inasmuch as they are corporations instituted according to law, acknow- ledged by the law, and uniformly inculcating obedience to it. And I can see no mode of removing difficulties so little violent or objectionable, as that of enlarging the powers of Visitors, the appointed representatives of founders, and enabling them to act in conjunction with, or under the superintendence of, a court to be constituted for that purpose. But this must assume that the members of Colleges are individually at liberty to accept such changes, which at present many of them arc not. I have, &c. (Signed) J. WILSON. 17 Inclosure 16 in No. 4. . The President of Trinity College to the Vice-Chancellor of Oxford University. Dear Mr. Vice-Chancellor, 'trinity College, January 4, 1854. I BEG to add to my former letter, that since the date of it and upon the first day of the present year, the Society have received a formal rescript from their visitor, which will be communicated to our members upon their re- assembling for the next term. ^ .T. WILSON. Inclosure 17 in No. 4. The President of St. Johns College to the Vice-Chancellor of Oxford Unixersity. St. John’s College, December 31, 1853. iNrenlvtothe Vice-Chaneellor’s communication of the 16th instant in reference to the Chancellor’s letter of inquiry respecting the measures of impro^^^^ ment about to be undertaken by the Colleges, &c., the President of St. John s has to state that the statutes of that College have been carefully examined by n Committee snecially appointed for the purpose, by whom it has been lecom- mended that various changes, modifications, and made These recommendations will be submitted to the Society at laige in tlie course of the ensuing term, when, if they are affirmed, it is presumed that the authority of Parliament will be necessary to sanction and give effect to the revised code. Inclosure 18 in No. 4. Jesus College. (NO communication has yet been received from the Principal and Fellows °^'’'iTh.?cSunication having been made direct to the Chancellor has been already transmitted by him to the Secretary of State.) Inclosure 19 in No. 4. The Warden of Wadham College to the Vice-Chancellor of Oxford University. My dear Mr. Vice-Chancellor, Wadham College, December 26, 1853. IN answer to your note conveying the Chancellor’s request to be informe “ what measures of improvement any of the Collets may be ^ J- and what aid they may desire from Parliament, m the form either of pi ohibitions o Sro- rwersl or If new enactments,” I beg in the first place to state, that measures^of improvement form no new subject of consideration with the Waiden and Fellows of^his College, but that, on the contrary, we have been long anxious to discover and to adopt any measure we deemed of a beneficial natible with our obligation to the College statutes. It is now above htteen years since we instituted a careful examination of our statutes and submitted to the Visitor a variety of points which we thought it might not exceed his official authority to render conformable to the altered state of our social relations, and to XI requirements of the present times ; and many o them ritative interpretation, on the principle that they would be stricter accordance with the spirit^ of the founder s intentions^ principle we are precluded from going by the most exp i i r i ? ments^^ No statute or interpretation repugnant to those of the founder aie we permitted either to originate, or from a^ quarter whatever to admit or to reco^- 18 nize. Comj3etent powers, therefore, to effect any such change can he obtained only by a Prohibitory Act of Parliament, and even this we are ourselves forbidden to seek. Were we, however, relieved from these restrictions, we might, without an undue interference with the will of the founder, and still keeping- in view the mam objects she proposed to herself, introduce some modifications that might be advantageous. ® I will only add that this College is a Protestant Foundation, and that its lellowships are holden for a limited number of years. Believe me, &c. (Signed) B. R SYMONS. Inclosure 20 in No. 4. The Master of Pembroke College to the Vice-Chancellor of Oxford University. Tv/r j n/r TT- I, College Green, Gloucester, My dear Mr. Vice-Chancellor, December 17, 1853. IN reply to your communication of the 16th instant I beg to state that my t^ollege has, by a unanimous resolution, declared itself unable to under- take any measures of improvement because it is bound by statutes which it cannot alter, and solicited Her Majesty’s Government to obtain for it from the Legislature power to carry out reforms of an extensive character. The minutes of the meeting were placed by me, according to the directions of the meeting, m the hands of my Lord Derby our Visitor, and those of Lord John Kussell as representing Her Majesty’s Government. 1 . -3 therefore, that no further communication from me is necessary, but II you think otherwise I will attend to your opinion. I am, &c. (Sgned) FRANCIS JEUNE. Inclosure 21 in No. 4. The Vice-Provost of Worcester College to the Vice-Chancellor of Oxford University. Vforcester College, Oxford, December 16, 1853. THE Vice- Provost of Worcester College presents his compliments to the Rev. the Vice-Chancellor, and in answer to certain inquiries as to what kind or degree of Parliamentary interference the Society would deem desirable, begs in its name to make the following statement : ^ From its very recent foundation in 1714 a.d., Worcester College is placed m a position entirely different from that of other Colleges in the University, and IS altogether free from those disabilities which press heavily upon more ancient foundations. Its statutes have never, from the first, contained anything obsolete, impracticable, or detrimental to its educational efficiency ; and it has moreover been ruled, that the College has power to alter its own statutes, with the consent of the Visitors. Accordingly, some years ago a careful revisal of the statutes was made by the Provost and Fellows, and a few changes having been effected in minor and unimportant points, the practice of the College is now, and has long been, in the strictest conformity to the statutes in the most minute particulars. If, however, the efficiency of the College can be increased, the Provost and Fellows are most anxious to adopt all legitimate means for that purpose ; and a Committee of the Fellows has been appointed to examine the College documents, and to consider the legahty and expediency of certain alterations ; as, for instance, the making the scholarships terminable after a course of years, electing the Fellows from the whole body of those who are or have been scholars, &c. To effect these changes it may be neeessary to apply to Parliament for an enabling Act, which course the College will most probably pursue should "they appear desirable. * ^ 19 No. 5. The Chancellor of Oxford University to Viscount Palmerston. — {Received January 30.) My Lord, St. James's Square, January 28, 1854. I HAVE the honour to transmit to your Lordship, for the information of Her Majesty’s Government, a letter from the Warden and Fellows of Merton College, on the subject of collegiate reforms. I have, &c. (Signed) DERBY. Inclosure in No. 5. The Warden and Fellows of Merton College to the Chancellor of Oxford University. My Lord, Merton College, Oxford, January 19, 1854. THE Warden and Fellows of this College have the honour to acquaint you, for the information of Her Majesty’s Ministers, that they have already submitted to the consideration of their Visitor, his Grace the Archbishop of Canterbury, certain measures of reform, involving the modification of some of their statutes, which they conceive to be such as are best adapted, in the present state of things, to produce that practical improvement of their system which they earnestly desire to attain. No reply upon the merits of their proposal has yet been received from his Grace, and the matters are still undergoing his attentive consideration ; but the College nevertheless deems it consistent with its duty to comply with the invi- tation of the Government, so far as to lay before them the following account of the measures in behalf of which the sanction of the Visitor has been sought. I. With respect to fellowships : it is proposed : — 1 . To remove the present restriction which confines them to natives of a limited number of English dioceses, and thereby to open them entirely to all Her Majesty’s subjects, without restriction of locality or founder’s kin. An exception as to one fellowship, in favour of Eton College, it is thought advisable to retain, on the ground that its retention will not operate injuriously to this College, whilst its abrogation would be prejudicial to the rights and interests of another institution. 2. To subject all candidates for fellowships to a strict examination, embracing as wide a range of study as possible ; and to make the election follow the result of the examination ; provided always that due regard be had to the moral and social fitness of the candidates. 3. To regulate the division of Fellows into lay and clerical, so that not more than a majority shall be necessarily clerical. 4. To enlarge the sphere prescribed by the statutes, so as to include all branches of sound and useful learning. 5. To make the possession of a life income of 300/. per annum, derived from either real or personal property, disqualify for admission to a fellowsnip ; and the acquisition of 400/. per annum, be incompatible with the retention of a fellowship. 6. To relax the obligation to reside in the College, except so far as residence shall be required of all College officers, whether tutors or others, for the efficient discharge of their duties, and except also that a half-yearly attendance at the general meetings of the Society shall be enforced on all its members. 7. To retain the oaths of allegiance and supremacy on admission to a fellowship ; but to substitute declarations for oaths on all other matters, such as the observance of statutes, the fulfilment of duties, the statement of personal D 2 circumstances, and the like, on which oaths have hitherto been imposed ; and to specify certain definite portions of the statutes, as to which, being either impossible or obsolete, the obligation to observe them in future shall be removed by competent authority. II. With respect to tutorships : it is proposed : — 1. To make a considerable increase in the number of tutors, accompanied by such an extension of the subjeets of their teaching as will meet the increased requirements of the public examinations ; and also by an important augmenta- tion of their salaries, the expense of which should be defrayed out of the funds of the College, so as to avoid adding to the payments now made by the under- gi’aduate members for such purposes. 2. To introduce, as far as possible, the prineiple of eaeh tutor teaching specially a separate subject of study to all members of the College requiring instruction in such subject, rather than, as at present, instructing a certain number of the members in all or several of the different branches of academical study. It may be permitted to observe here that this portion of the scheme has already been partially carried into effect with respect to the studies of modern history, jurisprudence, and mathematics ; but owing to the want of funds, by no means to the full extent contemplated and desired by the College. III. With respect to postmasterships, scholarships, &c.; — It is considered unnecessary at present to increase the number of these members, whieh is already 20 out of a total number of about 35 undergraduates; but it is proposed to augment the values of the existing endowments so as to make them worth from 50/. to 60/. per annum each, the necessary funds being in this case also provided by the College ; and if the University and Colleges generally shall hereafter agree upon some scheme of University extension, whereby larger numbers may be admitted to participate in their benefits, but without endangering the discipline and morality of the University, this College will be ready to co-operate actively in such a scheme, and to adapt from time to time the number of its scholarships or other prizes for merit to any increase of its numbers which may result from it. IV. With respect to University professorships : If it shall appear that the University is unable to provide, from its own resources, the means of endowing a sufficient number of professors on an adequate scale of remuneration, this College will, on its part, be disposed to entertain favourably proposals for supplying the deficiency by proportionate contributions from the several Colleges according to their means and circumstances, provided only that sueh arrangements be made with respect to the appointment and salaries of such professors as shall meet with the approval of the College. V. Lastly, inasmuch as the College possesses no surplus funds at present applicable to these several purposes, and the incomes of its members will not bear reduction without injury to the College, it is proposed that a certain limited number of fellowships should be suspended for a time, and the proceeds of them appropriated to the furtherance of such useful objects. They have now submitted to your Lordship, for the use of Her Majesty’s Government, a full statement of the measures of improvement which are contem- plated by the College. It will be seen that they embraee, more or less, all the matters relating to Colleges, as distinct fi’om the University, to which attention is directed in Lord Palmerston’s letter to your Lordship, exeepting only the ques- tion of terminable fellowships. On this subject, without denying that in eertain cases, and especially where the number of Fellows is large, a limited introduction of this principle might be attended with public advantage, they do not, never- theless, hesitate to express their conviction that its general application to all, or even to any considerable portion, of the Fellows of a College, would be as objec- tionable in principle as it would be injurious in its consequences ; and that in their own particular case, having regard to the present moderate number of the 21 fellowships, and to the proposed suspension, for objects of the very highest importan^ce, of a portion even of these, they are unable to perceive how any proposal of this nature can be made which would not have the effect of embaj^ Lbdng the working, and impairing the efficiency, of the College. No such suggestion has in consequence been made to the Visitor. It only remains for them to add that, if his Grace s approval should ulti- mately be obtained, they will then proceed with the execution of their measure , and in doing so will gladly avail themselves of any additional powers, beyon ?hose which Aey already possess, with which Parliament may think fit to entrust them. /■T c \ No. 6. The Senior Fellow of Balliol College, Oxford, to Viscount Palmerston. {Received January 20.) My Lord, Balliol College, Oxford, January 19, 1854. I HAVE the honour to forward to your Lordship a plan which, in ooose- quence of the encouragement held out some time ago by Her Majesty s Minis- ters, has been devised by the Fellows of Balliol, with the approval of our Visitor, for the amendment of several exhibitions at our College. Although we are earnestly desirous that changes which will make our funds more serviceable for education generally should take place as soon as possi e, and although, with the hope of securing this immediate result by the cooperation of other parties interested, we have in some degree respected existing restrictions, yet I beg to observe that the scheme suggested is not meant to forestall anv more general measure which Her Majesty’s Ministers might contemplate, and that we should be very sorry to lose any advantage m the way of unrestricted competition which it might be the design of such a measure to give us. fSigned) HENRY WALL. Inclosure in No. 6. Plan proposed hy the Fellows of Balliol College for the Improvement of the General Exhibitions of the College. WHEREAS suggestions have been made on the part of Her Majesty & Ministers with a view to the removal of defects which at present dimmish the efficiency of the Colleges of Oxford as places pf education, the Fellows of Balliol College (with the approval of their Visitor), in accordance with the intimations held out to them, beg to submit the following plan touching certain restrictions imposed on some of their fellowships, scholarships and exhibitions, which they are unable to alter without the assistance of the Pegis- l3 s. d. £ d. £ d. 124 0 0 3 12 4 4 0 0 116 7 4 0 0 4 S , Blagdea 54 0 0 1 11 6 6 0 0 5 0 0 8 6 1 32 2 5 Maunder 75 0 0 2 3 9 11 5 0 •• 19 14 7 41 16 8 Greaves 100 0 0 2 18 4 10 10 8 81 6 8 5 4 4 rt ^ cZ o o Edgcumbe . . 67 0 0 1 19 1 8 0 0 2 0 0 26 0 0 29 0 11 bD Elsworth 32 0 0 0 18 8 . • 28 18 2 2 3 2 s f .2 S 13 a Head I am 13 15 4 0 8 0 . . • • 11 2 8 2 4 8 / s " Harris cc ° 30 0 0 •• • 30 0 0 Newte 42 0 0 1 4 6 4 4 0 36 10 0 0 1 6 537 15 4 14 16 2 43 19 8 7 0 0 358 5 6 113 14 0 Deduct from the sum of 113^. 14^., the half of the Edgcumhe rent (nett) left to the College (31/. 105. 5cl.), there remains a gain to the Dividend from the Exhibitions of 82/. 35 . 7c/. Instead of the above disposition of the property it is proposed; 1 . That 1 5 per cent, on the gross rental of the estates be appropriated to the management and improvement of them, and to the increase of the public funds of the College. 2. That any sums expressly left by will to the library or other funds be retained as heretofore. 3. That the two scholarships founded by Bishop Bell, together with Dr. Prosser’s bequest, be devoted to the increase of the open scholarships, which will thus be raised from about 35/. to about 58/. per annum. 4. That the remainder be applied to found the following exhibitions ; £ s. d. 1 . Three mathematical exhibitions of 40/. a-year, tenable for three years. Candidates eligible if not more than two years standing from matriculation - - - - - -120 00 2. Two exhibitions for the study of history and law, as prescribed by the University School of History, of 40/. a-year, tenable for two years, provided that during that time the exhibitioner is studying history and law. Open to aU undergraduates, mem- bers of the University - - - - - 80 00 27 3. Two exhibitions for physical science, as prescribed by the Uni- £ d. versity School of Physical Science, of 40Z. a-year, tenable for two years, provided that the exhibitioner is studying physical science. Open to all undergraduates, members of the Uni- versity - - - - " • -80 00 All these exhibitions to be given by examination - - £280 0 0 Remarks. The founders of the close exhibitions described above may be supposed to have had three objects in view. First, the encouragement of education. Secondly, the benefit of the particular institution or locality. Thirdly, the advantage of Balliol College. With regard to the first object, these foundations may be said to be almost useless, the circle of those to whom they are confined being so naiTOw as virtually fo preclude competition, and thus to do away with that which is the chief use of such foundations in this point of view. The benefit intended to the particular locality obviously was the encourage- ment of bovs to diligence and learning, by the hope held out to them of obtain- ing an exhibition. The result, however, has been, that for several of them, during the last twenty years, either no candidates or none properly qualified have appeared, and the exhibitions have eonsequently been thrown open. In many instances the intention of the founder has been practically evaded by the election of exhibitioners who have entered the school named by him for a very short time, and for the sole purposes of making themselves eligible for the exhibition by the terms of the will. In others it has been defeated by the accident of birth without residence in the county or parish specified. Thus the benefit of the charity has seldom been reaped by those for whom it was primarily intended. While useless for the general purposes of education, and of very slight benefit to any particular locality, these foundations have been rather injurious than otherwise to the College to which they have been attached. They have led to disputes arising out of the rejection of persons whose attainments were con- sidered below the minimum standard of proficiency required for admission to the College. In some cases they have been used as a means of gaining an entrance when it could not otherwise have been obtained. The only benefit to the Society has been an incidental one, arising out of the exhibitions having been thrown open when properly-qualified candidates did not appear. In the scheme which is substituted for the present arrangements, two objects have been chiefly aimed at. First, to increase the value of the open scholarships, which are at present far below the average of other scholarships. Secondly, to encourage, b}'' means of exhibitions, those branches of study which seem most to need encouragement ; some of which the University has lately ineorporated in its examinations. In the proposed distribution, the Newte Exhibition has been reserved as, in some respects, a peculiar case. The property, the gross income arising from which is 42/. a-year, is in the hands of the College, while the appointment is vested in the three Rectors of Tiverton, who elect from Tiverton School. This exhibition, like some of the others, has been productive of dispute between the Patrons and the College, respecting the qualiflcations of the candidates. The Fellows suggest that this exhibition should be thrown open, or at least, if main- tained in its present restricted state, that they should be permitted to examine the exhibitioner, and not required to accept him from the Patrons, unless likely to pass his University examinations with ease and credit. E 2 28 Summary. Gross Exhibition rent received by Bursar Deduct the Newte Exhibition as a peculiar case Deduct also half Edgcumbe rent not appropriated to Exhibition Deduct — 1 5 per cent, for Domus and Estates Income Tax. . Blagden annuity to Library Edgcumbe annuity to Library £ 69 13 5 Add Prosser prizes . . 2 0 0 £ s. d. 537 15 4 42 0 0 495 15 4 33 10 0 462 89 16 5 372 8 9 90 0 0 462 8 9 Addition of 22Z. lOj'. to eight open scholarships, being in all about the same sum as is received from the Prosser prizes and from Bishop Bell's Scholarships, after deducting expenses Three Mathematical Scholarships of 40^. Two Modern History Scholarships of 40/. Two Scholarships for Physical Science Balance in favour of the College £ s d 180 0 0 120 0 0 SO 0 0 80 0 0 460 0 0 2 8 9 462 8 9 It is the desire of the Fellows that the proposed changes, if approved by Her Majesty’s Ministers and sanctioned by Parliament, should take effect from the date of the passing of the Act, and that they should not affect the interests of any person who at that time may be holding any fellowship, scholarship, or exhibition. And as their wish is to apply the funds of which they are trustees in the manner most conducive to the interests of education in the University, they desire that a powder sliould be reserved to the Master and Fellows, wnth the consent of their Visitor, of modifying the third portion of this scheme relating to the exhibitions, if the plan be proposed be found after experience not to promote the object intended. In conclusion, the Fellow^s of Bailiol College wish by a simple statement to show that in the changes they propose they are not actuated by any motive of selfish interest. By the new arrangement of the Blundell Foundation they will be losers to the extent of 20/. or 30/. per annum, the sum required to make up the open fellowship thereby created to the value of the others. The change in the Snell foundation involves a loss to their common funds of about 60/. a-year. The proposed scheme for the other exhibitions will diminish the sum to be divided among the Fellows by 82/. 3.s. 7d. In submitting to Her Majesty’s Ministers the preceding scheme for the amendment of their College, the Fellows of Bailiol conceive that they are only asking for the application of a general principle to their particular case. And they do not wish that anything which they have proposed should stand in the way of any more general measure vrhich may include the objects they have in view. (Signed) HENRY WALL. EDWARD C. WOOLLCO.AIBE. JAMES LONSDALE. W. C. LAKE. B. JOWETT. C. E. PRICHARD. JAMES RIDDELL. EDWIN PALMER. WM. CHARLES SALTER. THEODORE WALROND. HENRY J. STEPHEN SxMITH. 29 A. — Blundell Foundation. On the 14th day of March, 1601, Sir John Popham, Knight, Chief Justice of the Common Pleas, in accordance with the authority given him by the will of Mr. Peter Blundell, executed a deed founding two scholars or sudents (one of whom is called Fellow) in Balliol. At the same time he founded two more such students in Emmanuel College, Cambridge, and two more such in Sidney College, Cambridge. These students were to receive from the Blundell feoffees — the senior in each College 15/. per annum, and the junior 81. per annum. And in considera- tion of the trouble given in educating them a stipend of 40s. was given yearly to the heads of their several Colleges, and an additional stipend of 20s. per annum to the College for rooms, &c., all paid by the feoffees. In the year 1604 we find the College assenting to and confirming the foundation by an indenture (dated March 17, 1604) between Balliol and Sir John Popham, but at the same time stipulating that the Blundell students (or Fellow and Scholar) so established in the College should be subject to all orders and statutes of the College, and that neither of them should have or claim to have any share of dividends or profits arising from College lands, nor have any voice among the Fellows there, as other Fellows of the College have ; and stipulating, moreover, that the College was not to be charged with the mainte- nance of such new students any longer than the pensions allotted by Sir John Popham were duly paid by the Blundell feoffees. In other respects the two students were on a footing with other Fellows and Scholars of the house. In the year 1615 an indenture dated November 11, 1615, between Sir W. Craven and others, the executors of Mr. Blundell, of the one part ; the Master and Fellows of Balliol, of the second part ; and Sir Francis Popham and others, feoffees of Blundell lands, of the third part — settled the foundation on an entirely new (the present) footing. The indenture on its preamble recognizes Sir John Popham’s deeds and foundation, and states that Sir John left the work imperfect ; and accordingly it goes on to put the foundation of one Fellow and one Scholar on the now existing footing. Instead of these students being paid as heretofore by BlundelFs feoffees, a sum of 700/. f^being about one-third of wdiat Blundell had bequeathed to found six students), was paid to the College to purchase an estate at Woodstock ; and in return the College was now to support the Fellow and Scholar, and this Fellow and Scholar were to be in every way on an equality with the others Fellows and Scholars of the College. , Between 1615 and 1668 it appears that the Blundell Fellow and Scholar were not paid their covenanted dues, owing to the losses sustained by the College from the civil wars and from the Fire of London. Moreover, it seems that in consequence of Blundell’s feoffees having increased the value of the scholarship by an exhibition from themselves, the College diminished its pay- ment proportionably, agreeably, as it thought, to a condition in the last indenture abovenamed. This led to a lawsuit. And by an instrument bearing date May 14, 1668, we find the IMaster (Plenry Savage) and the Fellows acknovr- ledging the receipt of 50/. from BlundelFs feofees as an assistance in their difficulties, and in return covenanting to pay up the Blundell Fellow and Scholar all arrears, to pay them regularly in future, and to make no abatement from their allowance, and so remove the grounds of the lawsuit. The next and last indenture* bears date June 19, 1676. It is made between the Master and Fellows on one part, and Blundell’s feoffees on the other. By this we find that 600/. was given to the College in addition to the 50/. above named as given in 1688, and that in consideration of this whole sum of 650/., a second Fellow and Scholar was founded on precisely the same terms as those founded by indenture of 1615. No provision is made in this indenture as to the mode of investing the money, and how it was invested does not appear. * The indenture of 1676 may be found in the printed copy of the statutes of Balliol College. 30 Object of the foundation. Administration. Number of Exhibitions. Value. Duration. Election. Terms of admission. Administration. B . — Account of Mr. BnelVs Foundation. Original Will. JOHN SNELL, by his will dated December 29, 1677, left the residue of his property, after payment of debts, legacies, &c., to be employed “ for the education, at some College or Hall, to be appointed by the Vice-Chancellor of Oxford, the Provost of Queen’s College, the Master of Balliol College, and the President of St.John’s College, or any three of them, and in such proportions and with such allowances and in such manner as they or any three of them shall elect, think fit, and appoint, such and so many scholars, born and educated in Scotland, who shall each of them have spent three years (or two, at least) in the College of Glasgow in that kingdom, or one year there and two, at least, in some other College in that kingdom, as they, the said four persons, or any three of them, shall think fit. The property was to be settled on five or more trustees, to be nominated by the same four persons, or any three of them. On the death of a trustee, his place was to be filled up by the four persons holding the same four offices for the time being. The accounts were to be examined every Midsummer-Day by the same four persons, together with the Head of the College and three or more Senior Exhibitioners. The exhibitions were not to be less than five, nor more than twelve in number, unless an increase of revenue should allow of an increase in the Tiumber. They were to be of the value of 20/. a-year for the first three years, and 30/. a-year afterwards ; but if the estate increased in value this allowance was to he increased. The five ablest scholars were to receive 5/. a-year each more than the others. They were to be tenable for ten years, or eleven at the most. Exhibitioners were to be elected by the four persons before named, on the recommendation of the Principal and officers of Glasgow College. Every exhibitioner was to bind himself ‘‘ to submit and conform to the doctrine and discipline of the Church of England, and to enter into holy orders so soon as he shall be capable by the canons of the Church of England.” He was also to give bond to forfeit .500/. to the College in case of his not entering orders, or of Ins accepting preferment in England or Wales. He was to be a probationer “^at his own charges ” for six months, after which period he was to be admitted or disallowed, according to the discretion of the persons before appointed. The sum of 10/. a-year was to be paid to the registrar for executing the aforesaid bond at the admission of each exhibitioner and for suing when necessary. The sum of 5/. a-year was to be expended on a dinner on Midsummer-Day, at the time of examining the accounts. Alterations made hy an Order of the Court of Chancery. AI'iER the death of John Snell an endeavour was made to set aside his bequest, on the ground that the Episcopalian Church, in support of which it was made, was no longer the National Church of Scotland. The suit was finally settled b)^ an order of the Court of Chancery in 1693, decreeing : That the whole estate should be conveyed over to the six Senior Fellows of Balliol College. That it should be let by them on lease for twenty-one years at an annual rent of 300/. That this sum should be applied by them (after payment of any remaining debts, legacies, &c.) to the maintenance of scholars as aforesaid. 31 That all fines and money recovered by forfeiture of bonds should be applied to the advantage of the exhibitioners. That as soon as the rent of the estate, after paying legacies, should amount to 100/. a-year, two exhibitions should be established ; as soon as it should amount to 200/. a-year, two more exhibitions should be established ; and two more whenever it should reach 300/. a-year. That the value of these exhibitions should be 35/. a-year, besides 51. a-year to be given to each of the five ablest. That they should be tenable for not more than eleven years. That in case no exhibitioner should be sent up from Glasgow within six months after notice given of avoidance, the College might elect any native of Scotland, with the approbation of the trustees. That the exhibitioner elected shall come as an undergraduate to the College. That, after election, he should be on probation for six months ; if admitted at the end of that period, he should receive the entire profits of the exhibition from the date of his election. That the payment of 10/. yearly to the registrar should cease at the death of the registrar then living. That 10/. a-year should be given to the Master of the College. That the remainder of the rents, after these payments, should accrue ta the College. That, in case of any failure of the rent, the College should pay no more than they receive. Farther Alterations. In 1759, by another order of the Court of Chancery it was decreed : That the estate should be conveyed to new trustees, to be nominated by the Vice-Chancellor of Oxford, the President of St. John’s College, the Provost of Queen’s College, and the Master of Balliol College. That it should be let by them to one or more tenants for a term of fi’om fourteen to twenty-one years. That a steward should be appointed, with a reasonable salary. That the value of the exhibitions should be 65/. a-year, with an addition of 51. a-year to the five ablest. That no deduction should be made on account of the non-residence in cases where leave has been obtained. That, besides 10/. a-year to be paid to the Master of the College, 20/. a-year should be paid to the Master and Fellows. In 1775, it being found that the unemployed surplus of the annual income amounted to 190/. 'Is. 2d., an order was issued decreeing : That the number of the exhibitions should be increased to eight. That the value of each exhibition should be 80/. yearly. In 1789 an order was issued decreeing : That the receiver should be at liberty to retain a sum equal to one-half of the rent of the estate to enable him to make the required payments punctually every quarter. That of the balance then in hand the sum of 1,000/. in the consolidated annuities should be set apart, in order, from time to time, to pay for those Nuinbei’ of Exhibitions. Value. Duration. Election. Terms, &c. Administration. Value. Number. Value. 32 1 cbviildni^s, &c., upon tho sstfito wlucli do not f 3 .ll undGr tli6 ordinary tenant- able repairs that the dividend arising from this sum, until it be spenr, whenever amounting to 301. should be employed in purchasing more of the same stock, to be applied to the same purpose. That the exhibition should be tenable for ten years, and should be vacated by marriage, preferment, or promotion in the army or navy. _ That if an exhibitioner should be rusticated, the part of his exhibition during his rustication should be divided among the other exhibitioners at the discretion of the Master. That 10/. a-year should be expended on a dinner at the time of examinino- the accounts. ® That 16/. 136-. 4d. should be paid to the Master, and 33/. 6s. 8d. to the Master and Fellows. That the salary of the receiver should be 22/. \5s. C. — Exhibitions at present existing at Balliol College. Blagden Exhibition. (Founded 1696, October 7.) Foundation. The rents for certain lands (after certain deductions, to be mentioned below) to be paid to 1 scholar. _ Tenable for— \4 years : vacated by marriage, or the acceptance of a fellow- ship or benefice. Eligible.— I, Children of Mr. Blagden’s sister ; 2, Persons of the name of Blagden, 3, Persons born in the county of Devon. Candidates must not be above nineteen years of age. ^ sum of 2 O 5 . yearly to be paid to the library, and 4/. yearly to a sub-hbrarian. N.B.— If the exhibitioner be elected Fellow of Balliol College, the exhibi- tion during his probationary year to go to the public funds of the College. N.B. ^^Ihe election to take place at the same time, and the same qualifi- cations required, as in the election of Fellows. Maunder Exhibition. (Founded 1704, December 20.) Foundation. — 1 exhibition of 20/. yearly. Tenable for (For this and other qualifications, vide Blagden.) Eligible. — 1, Descendants of John Maunder; 2, Of his daughter; 3, Of Charity Dowden ; 4, Persons of the name of Maunder, in the county of Somerset ; 5, Persons born in the county of Somerset. Harris Exhibition. (Founded 1713, November 20.) Foundation. — 2 scholarships, each of 15/. Tenable for 10 years from the time of matriculation. Eligible.—^, Sons of freemen of the city of Oxford ; 2, Sons of inhabitants of the city of Oxford ; 3, Sons of inhabitants of the county of Oxford ; if ‘^fit for the University ; ” a preference to be given to the kindred of the founder. Elsworth Exhibition. (Founded 1 7 14, July 1 1 .) Foundation.— 2 exhibitions of 20/. each. Tenable for — 7 years. 33 Eligible. — Persons born in the parishes of Tirabercombe, Catscombe, Selworthy, Wootten, Courtney, Minehead, and Dunster ; 2, (if none of these are fit for the University”) Persons born in the county of Somerset. Newte Exhibition. (Founded 1715, January 10, and codicil February 13.) Foundation. — The rents of certain lands to be given to 1 exhibitioner. Tenable for — 7 years, if he remain a member of the College. Eligible. — Any member of Blundell’s Free School. N.B. — Electors : the three Rectors of Tiverton, or any two of them. Greaves Exhibition. Founded 1704, June 26.) Foundation. — The rents of certain lands to be divided between 2 exhibi- tioners. Tenable for — 11 years. Eligible. — 1, Boys belonging to Ludlow Free School; if none of these be fit,” then, 2, Boys belonging to any other school in the county of Salop, or in the county of Radnor. Headlam Exhibition. (Founded 1725, August 5.) Foundation. — 400Z. to be invested in land or otherwise ; the proceeds to be given to 1 exhibitioner. Tenable for — 7 years, until he be qualified for the degree of M.A. Eligible. — 1, Descendants of John Lydall ; 2, Of Elizabeth Springall; 3, Of Dr. Richard Lydall ; 4, Such as the Master and Fellows shall choose (but any person elected under this last head, must resign on the appearance of a candidate descended from any of the persons above-named). N.B. — The exhibitioner to reside three-quarters of each year, unless pre- vented by sickness or other cause to be allowed by the Master, on pain of forfeiture Edgcumhe Exhibition. Foundation. — The rents of certain lands to be divided as follows : 1,405. to the library ; 2, 30/. to be divided equally between 2 exhibitioners ; 3, the residue to go to the College. Tenable for — 10 years ; vacated by marriage, or the acceptance of anv benefice or fellowship. Eligible. — 1 , Scholars in the Free School of Hanley Castle; ‘Hor want of such as the Master and Fellows shall think fitting,” then, 2, Persons belonging to the county of Worcester ; 3, Such as the Master and Fellows shall choose. N.B. — The exhibitioner must not be more than nineteen years of age at the time of his election. N.B. — Notice of vacancies to be given to the Master of Hanley Castle School. N.B. — If the exhibitioner be elected Fellow of Balliol, the proceeds of his exhibition, during his probationary year, to belong to the Master and Fellows. F S4 No. 7. The Master of Pembroke College, Oxford, to^ Viscount Palmerston . — {Received January 12.) My Lord^ College Green, Gloucester, January 11 , 1854. IN the course of the month of June last, I transmitted, as Master of Pem- broke College, Oxford, to Lord Derby, the Visitor of the College, and to Her Majesty’s Government, through Lord John Russell, a series of resolutions unani- mously adopted by the Convention of that Society, and embodying a laro-e scheme of reform. Lord Derby acknowledged the receipt of my communication in a long and elaborate reply, unfavourable, in the main, to our views. Lord John Russell replied that he would not fail to lay before Her Majesty’s Ministers those “ interesting and encouraging proceedings.” In a second letter he stated that, having conferred with Mr. Gladstone, who thought that two more provisions were necessary to the completeness of the scheme, he must refer me to your Lordship when further proceedings might be deemed expedient. I then wrote on the subject to Mr. Gladstone, and satisfied him on both the points in question so fully, that he spoke to Lord John Russell as to the expediency of passing, in the session then running on, an Act for Pembrolie College ; Lord John Russell, however, thought the session too advanced, and the pressure of business too great, to admit of the introduction of a Bill. I have now to call your Lordship’s attention to the subject, thinking it time for us to ascertain whether Her Majesty’s Ministers would be willing to legislate for Pembroke College, in the event of their not bringing in a general measure. The resolutions of the College are, I presume, in the Home Office ; the correspondence I shall willingly submit to your Lordship if you desire it. I have, &c. (Signed) FRANCIS JEUNE, D.C.L. No. 8. The Principal of Magdalene Hall, Oxford, to Mr. Fitzroy . — {Received January 30.) Sir, Magdalene Hall, January 24, 1854. I WRITE to acknowledge your communication of Lord Palmerston’s letter to our Chancellor,'^ as silence might appear uncourteous ; but the inquiry does not concern me, as Halls in Oxford differ from Colleges in not being incorporated, and are under the Government of the University, which might at any time, if it were thought desirable, make statutes to regulate them. Magdalene Hall, like the rest, has no fellowships, but it has a few small exhibitions, the conditions of which it does not appear to me to be expedient to alter. I have, &c. (Signed) J. D. MACBRIDE. No. 9. The Warden of New College, Oxford, to Mr. Fitzroy. — {Received January 31.) Sir, Neiu College, January 27, 1854. I HAVE the honour to acknowledge the receipt of your letter of January 21,f inclosing a copy of a letter addressed by Viscount Palmerston to the Chancellor of the University of Oxford, and requesting me to communicate the same to the members of my College, and to furnish Lord Palmerston with information on the several points adverted to therein, so far as they relate to my College. * See No. 38. f See No. 39. 35 I be«- to state, for the information of his Lordship, that I have now com- municated his letter to the Senior Fellows of New College , „ . , , .. Before the end of last year, when the Vice-Chancellor of Oxfoid, at the desire of the Earl of Derby, called upon me to report what measures ot improve- ment had been taken by the Society of New College or were m their contem- plation, I wrote in answer that the College had invited the personal visitation o the Bishop of Winchester, our statutable Visitor ; that such visitation had accordingly taken place ; that various suggestions had been made m consequence ; that some had been approved and sanctioned by the \ isitor, and were m pro- gress of being carried into effect, and that others were under consideration, and that the whole should be communicated, if desired, when completed, which was expected to be shortly. We have not yet received the lull and ffnal decisions ot the Visitor; but I proceed, in obedience to the wish expressed by Loid Fal- merston,to lav before his Lordship the best mformation which it is at pre^^^^^^ in my power to supply, with reference to the five points adveited to in hi Lordship’s letter to the Chancellor of the University. 1. This relates to the University exclusively. 2. With respect to extension of benefits by training a greater students in connection with our College, I have the honour to state that it has been determined to receive, instead of a few Gentleman Commoners, as leie- tofore, as large a number of Commoners as the present extent, and possibly the future enlargement, of our buildings will accommodate ; and to estabfeh hve scholarships of 50/. per annum each for general competition, the successful can- dates to become resident members of the College, though in o lei lesp independent of its foundation, and to hold their scholarships for the term ot five years, one to be elected in the present year, and one m each year to come. 3. The peculiar constitution of New College, which was founded by William of Wykeham to be in perpetual connection with his Cohege of Win- chester, in such a wav that the two St. Mary Wmton Colleges as they are called, are reallv two branches of one institution--the bellows and Scholais of New College at^Oxford being all chosen from the College of Wmchestei, where they receive the education that qualifies them for the University-~precludes t le application to it of the same rules which might be applicable to other Collegps, for abolishing and modifying restrictions on fellowships. But we desire to give the widest scope, within the limits prescribed by our founder to the effeccive influence of competition. This has been always done in the election of scholars from Winchester to New College. The place of each boy m the school is the result of his own abilities and exertions, and his final^ place on the lod to N College depends on the judgment of the electors on his exaraniation, due weig being allowed to consideration of character. Two of tne founder s km are entiSed to be placed at the head of the roll, if they shall have given sufficient proof of proficiencv and merit, but not otherwise. i - 4.1 j. i oor, The admission of scholars into Winchester College has_ not hitherm been determined by competition of the candidates, but by nomination of the e ectois, though not without regard to statutable justifications. Boys once admitted find their way to New College only by their own diligence. In order, how- ever, to make admissions into Winchester College as open as possible, it is now intended, under the advice and direction of the Visitor, to put^an end to all nominations by favour, and after a full examination to receive me best of those who may desire to offer themselves, regard being had to the circumstances of their parents, according to the requirement of the statutes By this, 7 any other means in our power, we hope to give full effect to the benefits of com- petition throughout the whole period of preparation for the University. We are also desirous of encouraging industry among the junior members ot our College in Oxford by a more rigorous application of statutable powers, it has been imputed to the College that it has of late years given less pubnc evidence than might have been expected of advancement in learning. But it may be said, on the other hand, that sixteen years ago the members of the Co lege, by a voluntary surrender of an ancient privilege of exemption, submitted themselves to the public examinations of the University ; and that, since that_ ume, although under the disadvantage of want of that peculiar training and previous experience which facilitate success in the schools, more than half of those who have pre- 36 sented themselves for examination have carried off some distinction of class Stdl It must be admitted that more might have been done ; and we are anxious o lemove any of the causes which we believe to have operated unfavourablv to btblv thffeehn^ advancement of our young men. The chief of these is pro- ^ # of security m the possession of scholarships and fellowships ah eady acquired, or conhdently expected. By the statutes of the Colleo-e the f become fellows immediately on their admission. Othe^i-s -o thiough two years of probation, at the end of which the Warden and Graduate Fellows are enjoined to admit to a fellowship those and those only whom thev Mieve to be capable of makmgfarth^^ good progress in learning mid holiness ife, and likely to make it. Those who are not so admitted are to be excluded at once from the College, no power of delay or remission being granted. The consequence has naturally been an unwillingness to refuse admission, except in W 1 f impression amongst the probationers that little fear of lejecuion need be entertained. Another opportunity of rejection occurs previously to granting grades for degrees, but that also has been rarely exercised It IS proposed in future to make these two probations really seal’ching and effective, and thus to remove a temptation to negligence and supineness. . , It appears to me that fellowships should not be allowed to degenerate into sniecures, if by that expression be meant their being enjoyed by persons who neither render any active sendee to their Colleges, nor prosecute academical udies, noi devote themselves to the professions permitted or enjoined by the statutes. But they may m my opinion be very properly retained by^such p rsons as medical or legal students, or parochial curates. In this last case particularly, the retention of fellowships would be quite in accordance with the mam purpose of our founder, to provide a supply of w’ell-instructed Ministers Wadham College and the Michel Foundation of Queen’s, can scarcely be deemed to present an example favourable to such a system. • means of which New College is possessed may be considered ample in themselves, but not to any excess with reference to the number of persons more than a hundred, including the Warden, Fellows, Scholars, Chaplains’ Clerks, &c., amongst whom they are distributed. The fellowships, one with another cannot be estimated at more than 120/. per annum. Our founder has indicated no such views as are referred to in this paragraph of Lord Palmerston’s ettei , and we should earnestly deprecate any proposal for suppressing fellow- ups, or diminution of our numbers, for the purpose of endowing or enrichino- professorships; though I doubt not that the College would readily contribute"’ expedte^t te^do^o^ object, were it proved to be necessary or It will be generally admitted that it is a great mischief to enforce oaths which cannot be observed, and that it is desirable that all such requirements as are absolutely impossible, under the circumstances of the present times, should be withdrawn from the oath administered on the admission of scholars and fellows. But I am far from desiring the entire removal of such a solemn sanc- tion at the time of achmssion, and I believe that such is the prevailing sentiment of the College. With the consent of the Visitor we should wish to reserve such clauses as are of general obligation and equally applicable to all times, to point out the principles on which certain practices now obsolete are enjoined, and though the customs which. are the exiu’ession of those principles may now be disused to require obedience to the principles themselves under the same sacred obligation. aving thus endeavoured to state the measures of improvement which it is the earnest wish of the College to carry into effect to the general benefit of the community 1 retrain from offering any special suggestions, and leave it to the wisdom of Parliament to determine what prohibitions, enabling powers, or new enactments will best meet the exigencies of the case. I have, &c. (Signed) DAVID WILLIAMS. 37 No. 10. The Master of Pembrohe College, Oxford, to Viscount Palmerston . — {Received January 27.) My Lord, College Green, Gloucester, January 26, 1854. I HAVE the honour to acknowledge the receipt of Mr. Fitzroy’s letter* inclosing one from your Lordship to the Earl of Derby, and requesting me to favour your Lordship with information on the several points adverted to therein, so far as they relate to my College. I beg leave to state in reply, that I conceive that the resolutions of Pembroke College, respecting which I have recently corresponded with your Lordship, are a compliance, by anticipation, with your Lordship’s commands. But if it is required that anything further shall be done by myself or the College, your Lordship’s directions shall receive immediate attention. I have, &c. (Signed) FRANCIS JEUNE. No. 11. The Principal of St. Alban s Hall, Oxford, to Viscount Palmerston . — (Received January 25.) My Lord, St. Alban's Hall, Oxford, January 24, 1854. I HAVE had the honour of receiving a letter* as Principal of St. Alban’s Hall, in which 1 am requested “ to favour your Lordship with information on several points adverted to in a letter addressed by your Lordship to the Chan- cellor of the University, so far as they relate to St. Alban’s Hall.” Those points, as 1 learn from a copy of your Lordship’s letter to the Chan- cellor (which I have also had the honour of receiving), are five in number. The 1st, relating to the constitution of the University. 2nd. The extension of the University, and the “ diminution of the relative disadvantages which now attach within Colleges and Halls to students of compa- ratively limited means.” 3rd. The removal of restrictions now attaching to fellowships and other endowments as objects of competition. 4th. The securing fellowships from the danger of degenerating into sinecures. 5th. The rendering some portion of College .property available for the general purposes of the University. It is evident that the first of these points does not relate to St. Alban’s Hall. It is also evident that the third, fourth, and fifth points have no relation to it, inasmuch as St. Alban’s Hall, like the Halls of Oxford in general, is not a corporation, and has no fellowships or endowment of any kind whatever. The second point appears, in the latter portion of it, to apply, by possibility, to the existing condition of Halls. At St. Alban’s Hall the establishment is very small, and the scale of charges is kept as low as possible ; but all students of the rank of Commoners share alike in defraying such charges as are unavoidable, and I do not know how any advantage in that respect can be afforded to students of comparatively limited pecuniary means, except by endowments created expressly for their benefit. I have, &c. (Signed) EDWARD CARDWELL. 38 No. 12. The Principal of St. Edmund’s Hall, Oxford, to Mr. Fitzroy . — {Received January 25.) Sir, St. Edmund’s Hall, January 24, 1854. I HAVE to acknowledge the receipt of your letter,* accompanied by a copy of Viscount Palmerston’s letter to the Chancellor of the University. ^;^‘As St. Edmund’s Hall has no fellowships, and is without endowments, I cannot perceive that the letter has any reference to the Hall, and therefore am unable to give any information on the points to which it adverts. I have, &c. ' (Signed) WM. THOMPSON. No. 13. The Harden of Wadham College, Oxford, to Viscount Palmerston .- — {Received February 3.) My Lord, Wadham College, Oxford, February 1, 1854. I AM requested by Mr. Fitzroy, who has forwarded to me, by your Lord- ship’s direction, a copy of your letter to Lord Derby, our Chancellor, f and which I have had the honour to receive, to communicate it to this Society, and to inform your Lordship on the several points therein contained, as far as they relate to this College. This letter having been already submitted to us by our Chancellor with a request for similar information, and my answer to it having (I understand) been transmitted to your Lordship, I have, bej/ond the particulars therein stated, little to add. The College is a Protestant private foundation, with this peculiarity, that the Fellowships are tenable only for a limited period, (viz., eighteen years from the completion of the degree of M.A.) , and the scholarships for twelve years from admission to that degree. Some fifteen years ago all our statutes were carefuliy considered, and rendered in many particulars, by as liberal an interpre- tation of the Visitor as they will admit, more conformable to the altered state of society and literature. But no authority short of an enabling and even pro- hibitory ])enal Act of Parliament can qualify us to make changes at variance with the spirit of the founder’s explicit requirements. In the ordinary adminis- tration of the College, indeed, we feel little or no want of freedom of aetion. Our statutes allow us an ample field and free scope for any energies we can put forth in the cultivation and development of the mind, and I hope we are not chargeable with any want of zeal or effort to accomplish that object ; nor do I see how any legal interference can enable us to discharge this duty more effectively. We have gone much beyond any views the founder ever entertained in the education and training of youth, and have availed ourselves of all the means which the site of the College allowed in providing for additional members. Much too has been done by the College during the last twenty years, in pecuniary and other assistance to the students. The College, out of its own resources, has founded lectures in Divinity; our scholarships, before small in value, have been doubled ; and most of our exhibitions have been increased in a still greater proportion. Though the College, therefore, constituted as it is, is well qualified to answer the ends designed by our founders, and to contribute in fact much more largely than they ever contemplated to the public good, it may Still be thought there are points on which the constitution of the foundation may be capable of improvement. Thus, the tenure of the fellowships, if limited at all, may be considered to be too long ; while that of the scholarships (twelve years from the admission to the M.A. degree) is confessedly so. Again, though manv of our scholarships are open to “any county of Great Britain,” some offer a preference to the founder’s kindred, and the natives of two specified counties. t See No. 38. * See No. 39. 39 Doubtless, apart from the founder’s will, it would be desirable that they should all be alike open. But the greatest restrietion is in the election of Fellows ; they must always be chosen from the scholars who have taken the degree of B.A., a limitation which may, upon occasion, leave little or no choice in the election. These are the main points to which the attention of the Society would be directed, were we placed by the law in a condition to act freely in the consideration of them. I have, &c. (Signed) B. P. SYMONS. No. 14. The Warden of All Souls% Oxford, to Mr. Fitzroy. — (Received February 1.) Sir, All Souls’ College, Oxford, January 31, 1854. EARLY in the present month I placed in the hands of the Vice-Chancellor of Oxford, in compliance with his request, all the information respecting All Souls’ College, which the letter of Viscount Palmerston, addressed to the Earl of Derby as Chancellor of the University, dated December 12, seemed to require. I understood that the information contained in my letter to the Vice- Chancellor would be forwarded, first to the Chancellor, and by him to Lord Palmerston ; therefore if I now repeat the information, I may be the means of giving his Lordship more trouble than seems needful. Under this impression, though with a wfish to give the fullest intelligence, I will only now state that the subject of alteration, improvement, or change of discipline has been within the last two years frequently and carefully considered in All Souls’ College. In the month of May 1853, a Committee of the Warden and Otficers was appointed for the especial purpose of consider- ing if any alterations could he made consistent with the tenour of the Statutes. The Report of the Committee was presented to the College in November 1853. Amongst other matters, the Committee gave it as their opinion that the College had not the power to make alterations, or even to propose any, not in accord- ance with the Statutes ; and further, it was their opinion, that if changes to an important extent are to take place, they can be efiected only under the authority and by the enforcement of an Act of Parliament. In saying this, I must at the same time express a hope that the proposal of Her Majesty’s Commissioners for altering the Statutes of All Souls’ College may not be adopted. I allude especially to that part of their proposal which, if I rightly understand it, suggests the suppression of no less than twenty-four fellowships, and that the vacancy thus made should be filled up by the appoint- ment of four Professors, who are to receive 800/. per annum each from the college funds ; but in the selection and appointment of whom the remaining sixteen Fellows are to have no voice. If, then, it should be the opinion of Her Majesty’s Government and the Houses of Parliament that extensive alterations should be made in the present condition of All Souls’ College, I hope that such alterations may be of a nature more likely to be beneficial to the University and to the country at large than those which have been recommended by Her Majesty’s Commissioners ; and also I hope that power may be given to the Visitor to sanction and carry out such changes — a power with which at present he is not invested. I have, &c. (Signed) LEWIS SNEYD. 40 No. 15. The Rev. E. C. Woollcombe, Tutor of Balliol College, to Viscount Palmerston . — {Received February 14.) My Lord, Balliol College, Oxford, February 13, 1854. THE document sent into the Home Office, February 7, 1854, in the name of the Master and Fellows of Balliol contains the following paragraph, to which the Fellows of Balliol desire respectfully to call attention : ‘Mt is therefore presumed that a new agreement between the Contracting Parties will be necessary to alter and modify, under an enabling power given by the Legislature for that purpose, the obnoxious conditions of the original compact.” To these words the Fellows of Balliol have not assented, and cannot now assent ; and they beg to refer for their opinion upon the subject of the Blundell fellowships and scholarships in this College, to the scheme of reform which they submitted to the Government in December last, to which they then gave their unanimous assent, and to which they still adhere. I beg to submit this statement in behalf of the Fellows of Balliol, and am, &c. (Signed) E. C. WOOLLCOMBE, M.A. No. 16. The Principal of Brasenose College, Oxford, to Mr. Fitzroy . — {Received February 10.) Sir, Brasenose College, Oxford, February 8, 1854. ON receipt of your letter of January 21st,* inclosing a copy of Lord Pal- merston’s letter to the Chancellor of the University of Oxford, and requesting information on the several points adverted to therein, so far as they relate to tins College,” I expressed my intention to recommend the important subject of his Lordship’s letter to the consideration of the Governing Body of my College. Having taken an early opportunity to redeem this pledge, I have now the honour to communicate the opinions and resolutions of this College upon the five ‘‘ essential points ” enumerated in his Lordship’s letter. I have, &c. (Signed) E. H. CRADOCK, Principal. Inclosure in No. 16. Resolutions of Brasenose College. Brasenose College, February 8, 1854. Point 1. ALTHOUGH the question of the constitution of the University may not lie within the limitation of Lord Palmerston’s inquiry, as addressed to a College, nevertheless the Principal and Fellows of Brasenose College avail themselves of the opportunity to express their unanimous opinion, that extensive changes are required in those statutes which limit the initiative power of academical legis- lation to the Hebdomadal Board as at present constituted. Point 2. The Principal and Fellows desire to express the satisfaction which they would feel in seeing the advantages of University education extended to a greater number of students, and especially to those of more limited pecuniary ♦ See No. 39. 41 means. Various schemes have been suggested and publicly discussed for the accomplishment of so desirable an object j of which plans those which recom- mend either affiliated or independent Halls appear to the Principal and Fellows most free from serious objections. But they must not omit to declaie their decided and unanimous opinion that the proposed system of unattached students cannot be adopted without weakening the proper securities foi discipline.” Point 3. About nine years ago, in pursuance of an interpretation of their Statutes, confirmed by the Visitor, the Principal and h ellows were enabled to open in practice the twelve original Fellow'ships of this College to a far Avidei aiea of competition than had been alloAved by previous usage. Within the local limita- tions of that area, computed to contain a population of nearly four million inhabitants, those twelve Fellow'ships are open not only to members of this College, but to the whole University. The result of the extension above named has fully satisfied the expectations of the College, and the Principal and Fellow's w'ould gladly find themselves “enabled ” to “abolish,’’ or at least “ greatly to modify,” the restrictions which still remain, both as to the said twelve Felloivships, and also as to others of later foundations. They are likewise of opinion that the same principle may be extended to many subordinate College endowments with much advantage to the interests of learning, and with no ultimate detriment to the favoured districts, families, or schools. Point 4. The Principal and Fellows consider it impolitic, by further limitations upon the tenure of Fellowships, to lessen their value in their important aspect of “rew'ards for past exertion and distinction.” With reference to the abuses of non-residence, or neglect of study, alleged to exist under the present system, they believe that such abuses arise not from the tenure of the Fellowships, but from the restrictions upon election ; and that if the principles w'hich they have recommended under Point 3 w'ere carried into general effect, such evils would be gradually lessened, and w'ould finally disappear. Point 5. In respect of the fifth and last subject of his Lordship’s inquiry, the Prin- cipal and Fellows have to state that no surplus of income at present exists in this College. It is their opinion that the internal reforms now in their contemplation, and which they trust shortly to be engaged in effecting, w'ill fully employ any possible surplus W'hich may hereafter accrue, whether from improved management of the estates, or from decreased expenditure in some departments of the College. Finding themselves in such circumstances, the Principal and Fellows would deem it an impertinence to offer an opinion respecting the application of any surplus which may exist at other Colleges, whose Statutes may indicate an inten- tion on the part of their founders to “ render some portion of their property available for the general purposes of the University.” In concluding their remarks upon the chief points adverted to in his Lord- ship’s letter, the Principal and Fellows desire to express their wish and inten- tion, so far as they are or may be “ enabled,” to act in the spirit of the opinffins thus formed and declared. For the Principal and Fellows, (Signed) E. H. CRADOCK, Principal. Cx 42 No. 17. The Dean and Chapter of Christchurch, Oxford, to Viscount Palmerston. {Received February 23.) Christchurch, Oxford, February 22, 1854. THE Dean and Chapter of Christcliurch present their respectful compli- ments to Lord Palmerston, and heg leave to express their regret that in wnseqnence of their not receiving the copy of his Lordship’s letter dated December 12, and addressed to the Chancellor of the University of Oxford until the 9th of Fehruary, they have been unable to forward the inclosed reply to Lord Palmerston’s question until this day. Inclosure in No. 17. The Dean and Chapter of Christchurch, Oxford, to Viscount Palmerston.— (Received Fehruary 23.) Chapter House, Christchurch, Fehruary 22, 1854. THE Dean of Christchurch having received, on the 9th of February a copy of the circular directed by Lord Palmerston to be sent to the several colleges in Oxford with a copy of his Lordship’s letter to the Chancellor of the University, dated December 12, 1853, lost no time in communicating with the membeis of the Chapter on the points to which their attention was requested. . On the hrst of these points the Dean and Chapter are unwillinw to offer an opinion before tlie Board of Heads of Houses and Proctors shall have propounded tlmir plan for the alterations which they may deem expedient in the constitution of the University. 2. On the second point, they beg leave to observe that they conceive the discip hue of the University would be seriously endangered and its peace dis- turbed by the presence of Students not connected with any College or Hall whether now existing or hereafter to be established. They are of opinion also,’ that what m-e called the relative disadvantages which now attach within Col- leges and Halls fo Students of comparatively limited pecuniary means,” either do not exist in Christchurch, or at all, certainly to no great extent The College expenses of the undergraduate members of this Society vary according to the class in which they are entered; and the acknowledged dif- feience of rank, while it justifies the difference of charge for commons room- rent, tuition, and servants, diminishes thereby the amount of relative dis advantage under which the poorer members, if all were charged alike would be thought to labour. J he necessary College expenses of the Commoners, who form the largest class in the Society, are so regulated as to fall below the average cost of the Uni- versity, and within the ordinary means of the “ poorer scholars.” But, besides the Commoners, there is another class of young men who have never been refused admittance at Christchurch, though restricted in number— the class of Servitors. An objection may be raised to the name, as implying according to modern ideas, something degrading ; but it has been retained’ because under that name they are qualified to receive certain exhibitions foimeiiy bequeathed to their order. Diey have, however, no menial offices to perform of any kind ; and if no intercourse is encouraged between them and the classes above tliem, it is principally for their own sake, and to save them from the expense into which wealthier associates might lead them. They have their tuition gratis ; and their College allowances, with the help of their exhi- bitions, enable them to defray, in most cases, the whole charge of their education. I he Dean and Chapter uo not believe that they require any extra instruction for the degree in Arts beyond what is afforded them within the College walls. Many of them have certainly obtained high honours in the schools, and some the very highest ; and those among them whose circum- stances, acquirements, and good conduct recommend them to the Dean, are very frequently preferred to Chaplainships, which eventually render them eligible for such College livings as th Students do not apply for. 43 The Dean and Chapter are further of opinion, that all the instinction necessary for public examination in the schools, and for the attainment of the honours awarded there, ought to he, and may he, communicated within the college walls. The modern practice of employing private tutors, has arisen of late years from the mode of conducting the public examinations ; and so far as it is conducive to occasional, rather than regular, study, and in the production of showy, rather than solid, acquirements, it must be deemed injuiious to sound learning. The system has always, therefore, been discouraged in Christchurch. To meet the demands for the admission of more poor scholars in the Uni- versity, the Dean and Chapter would be willing to increase the numbei of Servitors under that or any other name ; and an opportunity wili be afforded of receiving them, when the contemplated rebuilding of an ancient part of the College shall afford enlarged accommodation i'or the undergraduates. The Dean and Chapter have for many years been accumulating funds for this purpose, and will not fail to carry out this intention, as soon as they have adequate means at their disposal. For a long time past, the large expendituie necessary for the maintenance of such extensive buildings as are contained within the precincts of Christchurch, has obliged them to postpone the_ erection of the projected chambers. They have good hope, however, that within a very short period they may be able to commence this work. 3. There are no disqualifications in respect of place of birth, parentage, or circumstances, to prevent the election of any candidate for a Studentship. The only restrictions are found in the Statute given by Queen Elizabeth, and in the ancient custom of nomination by the Dean and Canons according to a loll, oi list, made out beforehand to provide for future vacancies. By the Statute of Queen Elizabeth, the Dean of Christchurch, and the Master of Trinity College, Cambridge, are each required to elect annually, out of the senior Queen’s Scholars on the foundation ot St. Peter s College, West- minster, three at the least,” and more if they be found fit, to their respective Colleges at Oxford and Cambridge. Their qualifications may be collected from the chapter in the Statutes of Westminster, De discipulorum Westmonas- teriensium duplici electione.” ^ . . . ,. ‘‘Cum discipuli sint numero quadraginta, volumus, ut in his eligenuis piae- cipua ratio habeatur docilis ingenii, bonce indolis, doctrintE virtutis et mopia\ Of the Queen’s Scholars, thus qualified, those who, aftm- four years’ training and instruction, are of the highest class, “ praestantissimi doctrina, are bi ought forward by the Master as candidates for election to the two Univeisities. It may be truly said, that at these annual elections the best boys are chosen. Of late years, indeed, more than three have seldom been brought to Christchurch, or taken to Trinity; and it has frequently happened that some of the candidates have not been elected to either University. Conformably with this Statute, no greater freedom of election can possibly be exercised or desired. With regard to the Studentships not filled up by such election from West- minster School, the practice of nomination, that is, the inseition of a name on the roll as a candidate by anticipation for election, is a most ancient one ; coeval probably with the foundation, and recognized from time to time not only as the ancient custom of the lleaii and Canons, but as their undoubted right and privilege. , • i . It has also appeared to the Dean and Chapter to have advantages m itself, which have hitherto induced them to adhere to it. The preference of mere intellectual merit is often injurious both to the Society and also to the in- dividual preferred. And it is a very grave question, whether it would be conducive to the welfare of the community at large, that all Scholarships, or Studentships,.should be conferred as of right, on those who at an early period of life, may have chanced to pass the best examination at their admission to the University. ^ i i i • To the apprehension of the Dean and Chapter it seems plain, that the mam intention of founders and benefactors was not to institute prizes, but to furnish aids to those who, without assistance, would be unable to avail themselves of aii academical education. And as the mass of mankind are of average ability, it would be extremely hard, if any of those for whom these aids were meant by the donors, should be deprived of all share in them. The Dean and Chapter have always thought that it was possible to com- G 2 44 bine, and they have actually in their practice combined, with rewards for marked intellectual superiority, eucourag’ement to the patient industry and good behaviour of young men, less highly gifted perhaps in point of talent, but qualified, by sound principles and a sober mind, to idl those numerous depart- ments in the Body Politic, on the proper conduct of which the lay as well as clerical institutions of the nation mainly depend. Open unrestricted competition for the Studentships at Christchurch, as re- commended by Her Majesty’s Commissioners, might very probably produce moi e fiist-rate scholars, and more nrst— class men in the list of Univ'ersity honours. But it may be serioinsly doubted Avhether a place of general education has a right, by means of special regulations, to exclude from their endowment all but those ot the highest talent ; or, on the other hand, whether it be not imperative on the Society to take into their careful consideration all the qualifi- cations which, for example, are insisted upon in the Statute of Queen Elizabeth already quoted, viz., BorUe ingenium, bona indolis, doctrina, virtus, et hiopia. In the judgment of the Dean and Chapter, it is of the last importance that the morale of all candidates should be well ascertained before their election ; and this is the more necessary at Christchurch since, when once admitted, the Students have no probationary year. The Dean and Chapter, therefore, have insisted of late years on the residence of the candidates for Studentships previous to election, and many members of the Chapters have deferred entering any name in the College Boll until their turn to nominate a candidate was actually come, and the candidate had proved himself not unworthy of the nomi- nation, by conducting himself to the satisfaction of the College officers during several terms of residence. The result of this rule has been, lhat the period of probation having shown the want of necessary qualifications in a candidate, he, though already nominated, has been withdrawn from the roll: In digesting a scheme for the election of Students which should embrace all these points, the Dean and Chapter have availed themselves of the rules which one of the best and wisest of their Benefactors framed for the choice of his Exhibitioners. By his Will, dated 11th June, 1686, Bishop Fell, inter alia, provided for the encouragement of learning and good conduct by founding ten or more Exhibitions, which were to be given to the ingenious and indigent ” Commoners of Christchurch. His regulations, sanctioned repeatedly by the t^’ourt of Chancery, _ require that none shall be candidates for the Exhibitions who have not been resident in the College for one whole year previous to their election * and that none shall offer themselves for examination without the consent of the Dean, which is never accorded except upon consideration had of their moral conduct and good general character. The Dean and Chapter are ready to adopt these regulations for the future admission of candidates for Studentships not elected from Westminster School and, under these limitations, to throw them open to similar competition. ^ In order to effect this change, they have this day agreed in Oiapter, that when the present Boll is exhausted, the system of nomination by Boll 'shall be discontinued. As the Commoners of the College, qualified by standing to offer themselves for the examination, would probably be more tlian seventy in each year, it may be safely concluded that out of this number more than enough would be morally and intellectually qualified to enter into competition for the prizes set before them. In offering these suggestions, the Dean and Chapter feel that it is due to themselves to state, that practically the system has been in operation, more or less, for several years past. IVIr. Hussey, formerly Censor and Tutor of Christchurch, and now Pro- fessor of Ecclesiastical History, has published in this “Evidence’’ the following- testimony to the proceedings of the Dean and Chapter during the last thirty years {^vide Report on the Becomniendations of His Majesty’s Commissioners, p. 247) : “For some years past it has been the practice of the members of the Chapter, and occasionally the whole body by a capitular Act, to bestow Studentships on Commoners selected from the College for good conduct and ability, and recommended by the Censors and other Tutors. Many of those who had gained Exhibitions in the College have been afterwards promoted to Studentships. Indeed it is not too much to say, that the best of the Com- moners have been generally drafted off in this manner ; and that of late years, at least, any Commoner of eminent merit, by high character, ability, and attainments, Avas most likely to oktain a Studentship by the time he took his H.A. degree, if not before.” To the above testimony the Dean and Chapter Avill only add, that by the raimihcence of an individual they Avere lately enabletl to offer an Exhibition, tenable for a year, to the best candidate tor admission previous to matri- culation ; and that of eight Avho carried off the prize in successive years, seven have been already made Students by the nomination of the Dean and several ot the Canons. 4. All the Students of Christchurch, as Avell those Avho are brought by election from Westminster School, as those Avho are elected by tlie Dean and Canons, are admitted “ in perpetuos alumnos hujus Ecclesise.” 1 hey have all their fixed and definite allowances for their maintenance ; and no argu- ments of Her Majesty’s Commissioners have satisfied the Dean and Chapter that any adequate benefit Avould result from an alteration ot the fundainental principle and original regulations of their Society, d'hey Avould object to the diminution of the number of their Students, to any iicaa’ distribution ot their emoluments, and to their compulsory residence. The Dean and Chapter are of opinion, that the principle ot superannua- ation, one often of extreme hardship in its application, should never be resorted to, except for the correction of some great and unmitigated evil, Avhich cannot otherwise be remedied. But by the constitution ot Christchurch there is no such evil to be corrected. For the emoluments ot a Student are too small to encourage indolence in the recipients; and the inducement to residence, Avliich a share in the tuition of the undergraduates holds out, is sufficient to secure the services of most able Tutors. There are therefore no idle residents, obstructing the Avork of the College, and setting an example of uselessness : and so far the prevention of sinecures,” in that sense of the Avord, is by the present system better attained than it would be if the number of Students were diminished and their stipends increased. But in point of fact, the principle of superannuation is applied in Christ- church, so far as to effect the main purpose for Avhicli it Avas intended, namely, a succession sufficiently rapid. For, though the Students are in terms admitted for life, the College rules limit, in many cases, the tenure of the Studentship. Thus, if the Student does not pass the required examinations, and proceed to his degrees Avhen of standing for them, his place is declared void. And as the twenty seniors must be in Holy Orders, those avIio are not ordained Avhen they come Avithin that number, are then superannuated. Five only ot the Avhole are exempt from this superannuation, — viz., tAvo in the faculty of LaAV ; tAvo in the faculty of Medicine, and one in that of Arts, — to Avhich places they are elected by the Dean and Chapter. Hence it comes to pass that the succession is more rapid than in other Colleges, and that the livings are filled generally by younger men. But, though the emoluments of the Studentships, even if doubled, Avould be too small to encourage an increase of residence in College, yet the present dividend furnishes a valuable assistance to young men in the early stages of their professional career. The young laAA^yer, physician, and curate are thereby better enabled to attesid the inns of court, to walk the London hospitals^ and to acquire a practical knoAvledge of pastoral duties under the guidance ot an older clergyman. In all such cases, as Avell as in that of foreign travel, tlie Dean and Chapter have the power to dispense Avith residence ; and they are persuaded that it is beneficial to do so. Nor Avould there be any material advantage in requiring residence even from the tAventy seniors. Some of those Avould be engaged, as at present, in seiwing College curacies, AA'hich it Avould be inexpedient for them to leave ; others might indeed resign their stipendiary curacies, and occupy their own rooms ; but more Avould hardly be found than at present to take a part in the tuition of the College ; and, if they did, it might be the means of preventing younger and abler and more active men from becom- ing Tutors for years, to the great discouragement of early study, and to tlie injury of all classes in the Society. On the whole, therefore, the Dean and Chapter cannot approve of any scheme of enforced residence, and still less of making non-residence a grounci for depriving so many Students of their present incomes; and if any precise term of superannuation Avere adopted, for example, if the Studentships Avere only to be held for ten years, a Student in holy order.?, bj theaccident of a less rapid 46 succession, not having arrived among’ the 20 seniors within that period, would lose Studentship, and with it all claims to the College preferment, and so, possibly, all chance of that which he has been always looking to as a decent provision for life. The Dean and Chapter firmly believe that there is no need of change in any of these points ; tfiey maintain that their practice, in full conformity with the principles of their foundation, evinces at once a due regard for the interests of learning on the spot, and for the encouragement of education in all the libeial piotessions on a large and comprehensive basis; according to one of the expressed objects ot their Royal Rounder: “JSTe aliijuando desint in Rngno nostro homines rerum cognitione imbuti, ac piis moribus expoliti, qui, velut ex equo Trojaro in ex Academia nostra Oxoniensi perpetua successione in omnes Rcgni nostri partes prodire possint, ac ignaros docere, etpietatis exemplo informare.” 5. Of the 8 stalls at Christchurch, 2 are required for the Collegb offices of Subdean and Treasurer, 1 is attached to the Archdeaconry of Oxford, and 5 are annexed to Professorships in the University, viz., the Regius Professorship of Divinity, the Regius Professorship ot Hebrew, the Margaret Professorship of Divinity, the Regius Professorship of Pastoral hhieology, and the Regius Professorship of Ecclesiastical History. It may therefore be maintained that a sufficient portion of the College resources is already tlevoted to the purpose of University education, the 5 Professors being constantly engaged during many months of the year in giving lectures to the young Students in Theology. If how’ever, it should be deemed desirable to make any further disposal of the College funds for Academical purposes, the Dean and Chapter would respectfully submit, that it is the Regius Professor of Greek who is best entitled to benefit by it. For of the 10 original chairs founded by King Henry VIII, o at Oxford and 5 at Cambridge, and endowed by that Monarch with stipends of 40/. per annum, the (ireek chair of Oxford is the only one which never received an additional endowment; while the Greek Professor at Cambridge, by virtue of a recent Act of Parliament, holds a stall at Ely, his brother Professor at Oxford only receives his original 40/. per annum. Unless the Crown should be graciously pleased to make some other provision for the chair at Oxford, the Dean and Chapter would propose that they should be empowered to set apart an estate of the value of between 300/. and 400/. a year, of which the lease is now running out; and that upon the next avoidance of the Greek chair, the same estate should be made over to the new Professor and his successors, subject to the subsisting term of the lease, and to the reserved rent, which the Dean and Chapter have no power, without legislative sanction, to surrender or diminish. In presuming to offer these suggestions, the Dean and Chapter have not forgotten that they represent a Royal Foundation, of which their Sovereign is al once both Patron and Visitor ; in this respect they stand alone among the Colleges of the University. They feel, therefore, that they can only submit the foregoing observations, with all dutiful obedience, to the jiulo'inent of the rown. No. 18. The President of Corpus Christi College, Oxford, to Mr. Fitzroy . — (Received February 1.) Sir, Corpus Christi College, January 31, 1854. IN compliance with Lord Palmerston’s desire, I have submitted the letter* addressed by him to the Chancellor of the University, to the consideration of the Fellows of this College. In respect to the five points specially suggested, we omit the two first, as applying to the University at large rather than to Colleges individually. As to the third and fourth points, it must be stated that the Foundation of this College is limited, both as respects Fellows and Scholars, to certain locali- ties; each Fellowship or Scholarship, as it falls vacant, being filled by a native of a particular diocese or county. * See No. 38. 47 We are universally agreed that some relaxation of this rule would be beneficial for the College. Some of us, in particular a majority of the resident FelloAvs, would be glad that every local restriction should be abandoned altogether. I myself, and some others, consider that to throAv open each elec- tion to the natives of all the favoured localities generally, would be a sufficient improvement, and a less violent departure from the Founder’s Will. It is thought desirable by many of the Fellows, in order not to discourage the cultivation within the College of those branches of learning which have come into existence since the time of the Founder, and which are commonly and most properly pursued by laymen, that the rule should be set aside which binds the Fellows to take Holy Orders. We concur in thinking that the legitimate and effectual method of prevent- ing Fellowships from degenerating into sinecures, is by securing good men by freedom of election, not by imposing a limit upon the tenure. The remaining restriction of celibacy we do not wish to see abolished, except only in the case, of the President, whose right to retain his office, being married, is supposed to rest upon an omission rather than an express indulgence of the Founder; and also in the case of the Publici Praelectores,” from whom we should desire, in the spirit of our Founder, to see every restriction removed which could possibly interfere with the appointment of the best men. As to the fifth point, this College has already shown its disposition, in accordance with the spirit of its Founder, to render its resources available for the purposes of instruction in the University at large, by a proposal to endow a Professorship of Latin. Referring to the preceding observation, in the matter of restriction, we shall be glad to be enabled to connect such a Professor permanently with our Foundation. AVith respect to the mode in which these alterations should be carried out, I have already, in my reply to the Chancellor, expressed an opinion that this would be best and most properly done l)y Parliament extending the juris- diction and power of the Visitor ; this opinion I desire to repeat. The Fellows, on the ofher hand, would prefer that the question should be left to the discretion of Parliament. They suggest, however, the appointment by Parliament of a Board or Commission to advise with the College in the re-adjustment of the Statutes. I have, &c. (Signed) JAMES NORRIS, President of Corpus Christi College. No. 19. The Rev. Henry Pritchard, B.D., of Corpus Christi College, Oxford, to Mr. Fitzroy. — (Received February 2.) Sir, Corpus Christi College, Oxford, January 31, 1854. YOU will receive by this post a letter from the President of this College in reply to the communication of Lord Palmerston, recommending the disregard of all local restrictions in the elections to Scholarships and Fellowships, and of the obligation to take Orders generally imposed upon the Fellows of the Society. As a Fellow and officer of this College, I beg to express my conviction that the proposals thus made involve a violent interference with the essential principles of our constitution, and are in no sense necessitated by the require- ments of the age in which we live. I have, &c. (Signed) HENRY PRITCHARD, B.D., Fellow, Dean, and Assistant Tutor of Corpus Christi College. 48 ]^o. 20. The Rector of Exeter College, Oxford, to Viscoimt Palmerston. — {Received February 1.) My Lord, January 31, 1854. I HAVE tlic lionour to transmit with this, the reply of the Rector and Fellows of Exeter College on those points on which yonr Lordship requested to he furnished with information specially relating to Exeter College. 'Jdie reply is, in foct, the same with that which has been already transmitted from the College to the Chancellor of the University, Avith the addition of the three short clauses at the end, which state the general effect of the alterations proposed. But as it is difficult in a document of this kind to enter into details, and as the College are, at the same time, desirous of furnishing Her Majesty’s Go- vernment Avith the fullest information relative to the proposed alteration of their statutes, an abstract of the Report adopted by the Society on this subject has been prepared, and Avill be transmitted to your Lordship by to-morroAv’s post. I have, &c. (Signed) J. L. RICHARDS, D.D., Rector of Exeter College. Inclosure in Ho. 20. The Rector and Fellows of Exeter College, Oxford, to Viscount Palmerston.— {Received February 1.) Exeter College, January 31, 1854. THE Rector and Fellows of Exeter College are very desirous of amending their Statutes, many of Avhich are become obsolete, and could not be revived without detriment to important interests of the College. They are desirous, at the same time, of introducing such changes into their Statutes as they believe would tend to promote more efficiently the great ends Avhich the Founder had in view. But neither the Charter of Queen Elizabeth, by authority of which their present Statutes Avere framed, nor the Statutes themselves, confer any legislative powers on the Visitor, nor on the Society itself, for effecting this object. In anticipation, hoAvever, that such poAvers would be conferred by the Crown or the Legislature, the Rector and FcIIoaa s of Exeter College have had the subject of the revision of their Statutes under their consideration from an early part of the year just elapsed; and Avithin the last six months a committee of the Society, consisting of the Rector and seven of the FelloAvs, has been diligently employed in a careful revision of the existing code of Statutes, which they have completed, and embodied in a Report. This Report has been subse- quently submitted to the Avhole Society, and, Avith some feAv amendments, adopted by them Avith only one dissentient voice. The most important alterations Avhich it proposes are ; 1. The conversion of 7 of the present 25 Fellowships into 16 Scholarships, 9 entirely open, and the remaining 7 subject to certain local restrictions ; but Avith a provision that in the case of no candidates properly qualified offering themselves, the Scholarships should be tbroAvn open for that term. 2. The relaxation of local restrictions in regard to FelloAvships, by opening 7 to all British subjects, being otherwise properly qualified, and by giAuno- only a cccteris paribus preference to the claims of birth Avithin certain districts in the case of the remaining 9 to which they elect. There are tAvo FelloAvships at Exeter College, the appointment to Avhich is virtually exercised by external bodies, the Dean and Chapter of Exeter, and the Dean and Jurats of the islands of Jersey and Guernsey. In regard to these, the College are about immediately to enter into a communication with the Dean and Chapter of Exeter, and hope 49 < to obtain their consent to some more satisfactory arrangement than the present- And in regard to the Dean and Jurats of Jersey and Guernsey, they propose to do the same ; but in the case of this Fellowship it will be necessary to make an application to the Crown, as it is of Royal Foundation, being founded by letters patent of King Charles I. III. The permission to three Fellows to be permanently non-resident, if pursuing Law, Medicine, or other liberal studies. Such Fellow'ships to be tenable for ten years from the time of election. IV. In addition to the above-named three-day Fellow^ships, the College reserve to themselves the right to dispense with the obligation to take Holy Orders in the case of two more of the Society under certain conditions. The Report has also been laid before the Visitor,' the Bishop of Exeter, who has signi- nified his approval of the scheme submitted by the College, with few exceptions; one of which, however, is very important, viz., the relaxation of local restric- tions in regard to Fellowships. The Visitor fully recognizes the fitness of application to the Legislature for such powers as will enable the College^ to get rid of obsolete Statutes, and introduce such new provisions as are required by the altered circumstances both of the College and the University. The prohibition of accepting or making changes in their Statutes does not form any part of the oath taken by the Rector and Fellows of Exeter College, nor does anything of the kind occur in the body of the Statutes themselves. But there is an ordinance of Sir Win. Petre, who was not the framer of the present Statutes, but only entitled to be consulted on them, appended to the body of Statutes, prohibiting all changes. But as the authority of this ordi- nance is doubtful, and it is moreover believed that it could not have been Sir Wm. Petre’s intention to attempt to restrain the power of the Crown or the Legislature from granting such enabling powers tor the alteration of the Statutes as they might think fit to offer, nor the College from accepting them when offered, they have, on these and other grounds stated at length in their Report, felt themselves not restrained by this ordinance. At the same time, they think it very desirable that if the proposed measure of relief to Colleges should be in the form of an enabling Act, such Act should not only declare all such prohibitions null and void, as unreasonable and unconstitutional, but that it should sanction a power in Colleges of altering their Statutes from time to time, under such restrictions as might be deemed reasonable. Such a power so guarded, the Rector and Fellows of Exeter Col- lege have endeavoured to provide in their revision of the Statutes. They beg leave to add, that it appears to them, after due deliberation, that the relief which they seek would be best obtained either by an enabling Act or by letters patent from the Crown, conferring on them the requisite powers. The general effect of these alterations will be : I. To render the College mainly an educational body, by reducing the number of the Fellows, and restricting within narrow limits the permission of non-residence. II. To secure efficient persons for educational purposes, by removing to a great extent the restrictions in the election of F ellows. III. To assist in the maintenance of a number of Students, in accordance with the spirit of the original Statutes, by substituting a considerable niimber of Scholarships for 7 of the Fellowships. While, however, it has been endeavoured to adapt the Institution to the requirements of the present age, the Will and intention of the Founder have been as far as possible respected. Signed in behalf of tlie Rector and Fellows of Exeter College, J. L. RICHARDS, D.D., Rector. H 50 No. 21. The Sub-Rector of Exeter College, Oxford, to Viscount Palmerston . — {Received February 2.) M)' Lord, ' Exeter College, February 1, 1854. IN accordance with the request of the Rector of Exeter College, I forward to your Lordship an abstract of the changes proposed to be made in the Statutes of the College, I have, &c., (Signed) WILLIAM ANDREWS, Sub-Rector, (in the absence of the Rector.) Inclosure in No, 21. Summary of the more important Statutes of Exeter College, Oxford, and of the changes proposed to be made in them. [The first column states the contents changes § 1. De numeri THE College consists of a Rector and of 12 “ Schoiares,” (one of whom is to he a Chaplain) on the foundation of the original Founder; 2 on the Founda- tion of Bishop Stafford ; and 8 on that of Sir W. Petre : the number to be in- creased from time to time, when the revenues shall admit of it. To these have been added, hut not recognized in the Statutes, 1 by King Charles I, and 2 by Mrs. E. Shiers. The total number at present is, therefore, a Rector and 25 Fellows. of the Statutes ; the parallel • one the desired.] ) Scholarium. It is proposed that the Foundation consist hereafter of 18 Fellows and 16 Scholars, besides the Rector ; retaining the provision for possible future in- crease. These it will be necessary to re- cognize in the new Statutes, and to define their special duties. 2. De qualitate Rectoris. The Rector must be in Holy Orders, but not a bishop ; a B.D., or at least an M.A., and at least 30 years old ; a man of learning, and a theologian; well acquainted with the management of property. To be elected from those that are or have been Fellows. His duties are to preserve order ; to manage the whole of the College property, receiving and disbursing the sums assigned for the Fellows’ main- tenance ; of which he is to give an annual account, and place the balance in the College chest. He is to keep residence in the College continually; 60 days only of absence being allowed, except for College business. It is proposed to associate with the Rector one of the Bursars, in the management of estates, to relieve him in the administration of the College property. The residence of the Rector to be for 8 months during the year; 5 of which shall be in the Academical year : residence at Kidlington, 5 miles from Oxford (the vicarage of which is an- nexed to the Rectorship), counting as residence during 6 weeks of the Long Vacation. 51 4. De qualitate elegendorum. Elections to held on June 30, in the College Chapel ; all actual Fellows being specially summoned. The persons nominated to be of two years’ standing in the University, and to have entered their seventeenth year. Eight Fellows or Scholars to be of the county of Devon; 4 of Cornwall ; 2 of the Diocese of Sarum ; 1, the Chap- lain, to be nominated by the Chapter of Exeter ; 8 to be from the counties in which 8ir W. Petre, their founder, had property in 1565, or his descendants shall hereafter have terras et posses- siones,” One was added in 1632 by King Charles I, for the Channel Islands of Jersey and Guernsey ; 2 in the last century, by Mrs. E. Shiers, one for the county of Surrey, the other for Herts. It is proposed that, of the existing 25 Fellowships, 7 be commuted into Scholarships ; the Scholars to be mem- bers of the Foundation, and to receive payments of the present annual value of 50/. That, of the remaining 18 Fellows, the numbers on the several founda- tions be — 7 for the Diocese of Exeter ; 1 Chaplain Fellow ; 1 for the Diocese of Sarum ; 1 for Herts and Surrey ; 1 for the Channel Islands ; 7 open to all British subjects, where- soever born, being members of the Church of England. That the Channel Islands Fellowship be thrown open, in case no properly qualified candidates from the locality present themselves. That in all other cases only a ‘‘cfBteris paribus" preference be retained for local claims. The time of taking Degrees. 1. A Fellow, if elected as an Under- graduate, must spend 5 years “in sophistica et logicis,” before taking his B.A. degree. 2. Fellows, after taking the B.A. degree, must proceed to the M.A. after 4 years, or certainly 5 : this period reducible, if it seem fit. 3. Fellows, having completed their “ necessary regency,” should imme- diately “betake themselves to sacred theology,” and apply themselves to it with such diligence as to take their B.D. degree within 10 years from their regency. This involves taking Orders, which are necessary to that degree; and the practice has been, that Fellows studying law or medicine, on attaining the academical standing for taking their B.D. degree, void their Fellow- ship. It is proposed that, in future, an undergraduate Fellow should take his B.A. degree within 6 months after completing the terms fixed by the University. Fellows not tied toM.A., but to pro- ceed either to M.A., B.C.L., or B.M., within 6 months after the first term in which the University Statutes allow them to be taken. All Fellows, except 3, to be required to devote themselves to theology, and take Orders within a limited period, but not required to proceed to the B.D. degree, unless that degree be made a reality. The time for such Clerical Fellows to take Deacon’s Orders to be 4 years from the cano- nical age, and that for Priest’s Orders be 30 years of age. Dispensation may be given for 2 more permanent Lay Fellows, on condition of their being Tutors for not less than 10 years. Mode of life and study. 1 . There are 3 Statutes containing a number of special provisions about dress and manners, attendance and arrangement in Hall and Chapel: viz,, “De^vestibus, &c.,” “De sedendo ad mensam,” “De pernoctatione.” H 2 For these special details, it is pro- posed to substitute a general admo- nition to decorum in all such matters ; the present Statutes being abrogated, as founded on a forgetfulness of the perpetual change of manners in so- ciety. 52 2. Personal study on the part of the Fellows is one of the main objects of the Foundation; and divers ‘•'exercitia” are prescribed ; details of subjects, hours, See., being added. 3. The Dean and his Deputy, a Lector, Moderator, or Catechist, are ap- pointed to instruct the youth, whether of the Foundation or not: and certain subjects and payments are assigned them (ap. Stat. de Decano, el de Bxercitiis). Residence The Statutes ordain that no Fellow be absent for more than 50 days alto- gether in the year, except for extra- ordinary reasons, and then not for un- limited periods : that leave of absence be always asked and recorded ; that more than 6 be never absent at once. The extraordinary grounds for which longer absence is allowed, are illness of self or relation; (2) study in Foreign Univei-sity; (3) to obtain “ Promoti,” and (4) ‘^causae similes et urgentes,” The practice (founded on early custom, though somewhat extended) has been for those engaged in academic employ- ment alone, to be regular residents, and those generally only in term time. In the case of the other non-residents formal leave is obtained yearly. A formal admonition is to be given to each Fellow on his admission, that study is one of the duties to which he is called. There shall be as many tutors as the Rector shall appoint, besides the officers mentioned, who shall be elected, as before, by the 5 seniors, and give such instruction as shall be appointed. The Catechists shall preach 8 sermons in the year. of Fellows. It is proposed, that 3 Fellows be allowed to be permanently non-resi- dent, to study Imo, &c. (such fellow- ship being terminable) : that residence in the case of the rest imply residence of at least 2G weeks in the academic year : that the same grounds for extra- ordinary absence be retained, with the addition of “ rationabiles” to urgentes causre that a Tutor or Fellow, of M.A. standing, reside during the greater part of the Long Vacation, to enable undergraduates to reside then for the purpose of study. The period at which the fellowships of those per- manently non-resident terminate, to be 10 years from election, or if elected as Undergraduates, from their B.A. degree. Vacation of Fellowship. The causes of vacating Fellowships given in Stat. “ de Promotione,” are marriage; attaining certain property (in- terpreted to be in land) amounting to 10 marks; or ecclesiastical preferment of the value of 8/. in the King’s books. Those in Stat. “ de Sociis Privandis” are moral offences. § 11. Stat. de Virtu et Assigns to the Rector and Fellows (founded bj Sir W. Petre) certain small stipends for their “commons,” “ \ estitus,” and “ salary” (stipendium) amounting in all to 7/. ^s. 8d, It is proposed, that the possession of permanent income of any kind, of the value of 500k a-year, or of ecclesi- astical benefice of the value of 200Z. a-year, vacate a Fellowship. The other provisions are retained, with slight modifications, to suit the altered state of society. Exhihitione Scliolarium It is proposed to substitute a para- graph, to the effect that, whereas Sir W. Petre, by his statutes and ordinan- ces, assigned to the Rector and Fellows certain small stipends, which were in his time adequate to supply all the ne- cessaries of life, and also authorized to take “ reasonable fines” on each release of their lands to farm, for which fines the payment of an annual rent has now tor the most part been substituted, which accrues to the Rector, Ac., under the name of dividends, amounting to an income barely adequate to meet the 53 necessary and reasonable expenses of life at the University. The proportion of the College revenues hitherto paid as dividends to the Rector and Fellows shall continue to be so applied, in addi- tion to the allowance assigned by the Petrean Statutes : and that (2) Avhereas the stipends of the Rector and Fellows are barely adequate to the increased expenses of life at the University, it shall be lawful to augment the allow- ance for “commons,” if at any time the state of the funds shall admit of it. (3). That the proportion between 800/. (the sum allotted to the payment of 16 scholars) and the whole sum allotted for dividends in ] 856, be cal- culated, and be henceforth constantly observed, and one portion be applied to the dividends of the Rector and Fellows, and the other to that of the scholars. 18. De terris dimittendis. Lands not to be demised in re- version ; not, at all events, till the prior “ demissis ” thereof be sur- rendered. (2) Not to be leased for longer term than 20 years ; titles not beyond 1 0 years : (3) the former oc- cupants to be preferred, if found honest and competent and profitable tenants : (4) lands, &c., not to be leased to any of the Society, &c., in any way in- directly tending to their benefit. (5) Rector and Fellows authorized to “exact and receive reasonable Jines,” on each demise of their lands, continually from time to time. (6) Farmers to be bound (a) to pay their rent within the College, under pain of forfeiture, by a clause to be always inserted in the indentures, (b) to bear the charges of all repairs, ordinary and extraordinary, even of the Chancels of the impropriate Rectories; (c) to plant and keep up trees, &c. (7) The Rector not to at- tempt anything without the consent of the majority of the College. In place of this Statute (the last clause of which it is proposed to re- tain), the College desire to substitute some general Statute, expressing the duty of managing all College property, of every kind, in such a way as may render it most conducive to the per- manent interests of the Society; pro- hibiting abuses of trust ; e. g., neglect, improvident management ; or favour- ing of private interests. (2) That one of the Bursars be associated with the Rector in the management of the College property, who shall receive the rents, and keep the accounts connected with the administration of the property of the College, hitherto kept by the Rector ; such Bursar not to decide anything of great moment without the consent of the Rector. Oaths. Oaths are taken on the following occasions : — 1. By the Rector, on his election. 2. By Probationer, on election. 3. On admission to actual Fellow'- ship. 4. By the Sub- rector, on election. 5. By the Bursars. ]. To be retained, in a modified form. 2. To be abrogated, as unnecessary. 3. To be retained, modified. 4. To be retained. 5. To be abrogated, substituting a declaration. 6 and 7. To be retained. 6. By Fellows, on election of Rector. 7. By Fellows, on giving testimony before the Visitor on any question involving the deprivation of Rector. 8. By a temporary Sub-rector. ^ 9. By Rector or Sub-rector, if either Tvdshes to be absent in the absence of the other, as to the cause. 10. By Fellows, on asking leave of absence, ‘^si opus fuerit.” 11 and 12. By electing Fellows in election of Sub-rector or Bursars. 8. To substitute for ^Hhat he be juratus,” “ that he be juramento si opus fuerit, adstringendus.” 9 — 12. To be abrog’ated. The pricipal alterations in the oaths of Rector and Fellows are : — provisions for allowing legitimate changes in the Statute, and removing bars to appeals and dispensations. A clause is introduced, stating that oaths to observe Statutes only forbid individuals violating them, but not portions being dispensed with on legi- timate grounds by the whole College, if desired by two-thirds of the body : Avith tbe consent of the Visitor, if such changes be important, 19. De Visitatione. 8. Persons accused not permitted to ask a copy of the charges against them, or of the informations (detecta) : or the names of the witnesses or ac- cusers. To this Statute it is proposed to add, that in case the Visitor do not visit once in 10 years, the College fur- nish him, within 6 months after ex- piration of that time, a general state- ment on the subjects referred by this Statute to his supervision. (2) A clause providing for the rea- sonable legal expenses of the Assessor of the Visitor, in case he shall not visit in -person : also for the hospitable en- tertainment of the Visitor himself. (3) To omit paragraph (8), which refuses to any persons accused before Visitor a copy of the charges against him, or of the informations (detecta). (4) In paragraph (9), to limit the prohibition of appeals from the Visitor’s judgment to cases which shall fall within his jurisdiction. [I’his will bring the College Statutes into harmony Avith the law of the land on the subject of appeals from the Visitor, as stated by Blackstone, B. i., ch. 18; and Stephen’s Comment., Ami. iii., p. 138 (B. i\., p. hi., ch. 1)]. (5.) To omit a Clause authorizing the Visitor to employ censors ” if necessary, to compel any member of the House to state all that he knoAvs of the matter in question. The College also desire to insert a clause empowering the Visitor, as the representative of the Founder, at the request of the Rector and at least tAvo- thirds of the FelloAvs, to authorize the substitution of a neAv Statute, in case it is found that any provisions of the new code cannot be carried out consis- tently Avith the honour and interests of the College ; such Statutes receiving, 55 as heretofore, such sanction and autho- rity as shall, he required on the part of the Crown. The Clause* in the new oath (referred to under the head of Oaths,” will also give to the College the power of dispens- ing with minor details in any of the Statutes. IT is proposed that, of the 16 Scholarships to he created out of the com- muted Fellowships, 9 be open to all British subjects, otherwise duly qualified ; 5 for the diocese of Exeter, 1 for the diocese of Sarum, and 1 for the counties of Herts and Surrey ; and that in event of no properly qualified candidates appearing from the respective localities, they be thrown open and filled up at the earliest convenience. That the College have power (with the consent of the Visitor), to reduce the number of the Scholars and Fellows, should the funds of the College be inadequate to the support of the number proposed. That for the Scholarships be retained the three statutable qualifications for Fellows, in facultatibus pauperiores, in moribus honestiores, ad proficiendum aptiores.” That the original election of the Chaplain Fellow be placed in the hands of the College ; and the Fellowship assimilated to other open Fellowships, subject to the limitation to candidates in Priest’s Orders. THE Visitor of the College, the Bishop of Exeter, to whom a report of the entire scheme for the revision of the Statutes was submitted, expressed his dissent from some of the alterations above proposed. As successor and repre- sentative of the original Founder, he was unwilling to consent to deprive the diocese of Exeter of the preference conferred on it by local restrictions — nor would he throw the Petrean Fellowships entirely open, considering that it already admits sufficient latitude of choice. He would, however, sanction the amalgamation of the Devon and Cornwall Fellowships, making the diocese of Exeter the limit. Rejecting the “ cseteris paribus ” preference, he proposed that the Fellowships for the diocese of Exeter, Sarum, Herts, and Surrey, and the Petrean, should be open in the first instance to candidates for the several localities — but in order to prevent the election of unfit persons, he would authorize the College to require the candidates to have such qualifications as may give full ground of confident expectation that they will be fit for the office of College Tutors, when they shall be of the standing for the M.A. degree. In cases when none thus qualified should present themselves, he would have the vacant Fellowship thrown open to natives of all the localities to which preference is given on any foundation in the College. The Visitor objected to the establishment out of funds gained by the pro- posed computation of Fellowships, of any Scholarships perfectly open ; but suggested that all the 16 Scholarships should be open indiscriminately to natives of all countries having a local preference. * The Clause (which is borrowed with some alteration from the statutes of Pembroke College, Camhridye, recently revised (8 Victoria) by the authority of the Crown), is to the following effect “To prevent unnecessary scruples of conscience, be it understood that the oath binds the con- science of each individual not to break any of the Statutes ‘ singulariter privata auctoritate ; ” but does not preclude the College, in its corporate character, from dispensing with details of minor moment in the Statutes, for certain legitimate causes, provided two-thirds of the Society concur with the head in so dispensing with them.” — “ See Cambridge Commission Documents, Vol. ii., p. 192.” 5G No. 22. 'llie Principal of Jesus College, Oxford, to Viscount Palmerston . — {Received February 1.) M} Lord, Jesus College, Oxon, January 31, 1854. I HAYE the honour to acknowledge the receipt of your Lordship’s com- munication of the 21st instant;* and to state in reply, that in the course of last term, suggestions for modifying or altering our Statutes, and for extending the limits by which our benefactions are at present circumstanced; and likewise for the suppression of non-residence of Fellows, Scholars, and Exhibitioners, were drawn up by a committee of the Society appointed for that purpose, and with some slight modifications, were adopted by a full meeting of the Society in December last. A copy of these suggestions has already been transmitted to your Loi’dship by the Chancellor of the University, and they state our views and wishes as to the points numbered 2, 3, and 4, in your Lordship’s letter to the Chancellor of the University. _ Our suggestions propose that all our Welsh Fellowships, Scholarships, and Exhibitions, should be opened to the natives of all the thirteen counties of Wales, without any distinction of the county, or place of birth or education; — and that a fellowship now attached to the islands of Jersey and Uuernsey, and which is in fact a nominative fellowship in the hands of the Dean and Jurats of those islands respectively, should be opened to the competition of all natives of the Channel Islands, Our Welsh Fellowships are in number 17, the holders of 2 whereof are, in accordance with the will of Sir Leoline Jenkins, engaged as missionaries abroad. Our AVelsh Scholarships are in number 16; at present, not of equal value, those of North lYales being worth, to a resident, about GOC per annum; and those or South Wales about 30/. each. These we wish to equalize, and make each worth 50/. per annum. Our Exhibitions are, 24 confined to North AYales, worth 35/. per annum each. 3 confined to Carmarthenshire, worth 55/. per annum each. 2 confined to Breconshire and Monmouthshire, worth 12/, per annum each. Having first opened all these to the whole of Wales, rve wish to equalize their value, and make each one worth 35/. per annum each, (the surplus 14/. going towards the equalization of the scholarships,) and to allorv them to be held only during residence. We have likewise three servitorships, each of wdiich, between the money actually paid, allowances towards battels, smaller fees, and the non-payment of room-rent and tuition money, are worth abont 50/. per annum, and they gene- rally have an Exhibition added to them ; so that, adding together our 16 Welsh Scholarships, 2 English ones, and 29 Exhibitions, Ave have relief to afford to 47 persons, in the course of their education. Some small Exhibitions of 5/. or 6/. per annum, and one for a native of Carnarvonshire, founded by a subscription raised for a memorial to Mr. Assheton Smith, M.P., we do not propose interfering with. The non-residence of Fellows we purpose abolishing by the deprivation of any Fellow absent from College more than one term in any one year; the only causes to be allowed for absence Ijeing severe ill health, or other very rare cause, but specifying that a living, curacy, or engagement in tuition be not considered a sufficient reason. For the carrying out of these purposes, our visitor, the Lord High Chan- cellor, informs us that Ave shall need the aid of the Legislature, but that it is competent to the CroAvn to alter our statutes. In fact the Crown founded this College, and under its authority a commission consisting of the then Chancellor See No. 39. 57 of the University, the Principal of this College, one Fellow of the College, and two other gentlemen, drew up the statutes by which we are at present governed. I ll.cLV0 ScQ (Signed) H. FOULKES, D.D., Principal. No. 23. The Rector of Lincoln College, Oxford, to Viscount Palmerston . — {Received February 2.) My Lord, . Lincoln College, Oxford, February 1, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 29th ultimo, together with a copy of your Lordship’s letter to the Chan- cellor of the University of Oxford.* ^ i ^ I have, as your Lordship directed, communicated the same to the resident members of the College ; and I beg to inform your Lordship that we are at the present time engaged in going through our statutes with a view of ascertaining what changes it may be desirable to make in them on our obtaining the enabling powders necessary to etfect them. I have, &c. (Signed) J. THOMPSON, Rector. No. 24. The Provost of Oriel College, Oxford, to Viscount Palmerston . — {Received February 2.) My Lord, Oriel College, Oxford, January 28, 1854. IN conformity with your Lordship’s wishes, conveyed to me by Mr. Fitzroy on the 24th instant, I have communicated to the members of my College the copv which he transmitted to me of your letter of the 12th of December last to the Chancellor of this University,* having reference to the recommendations contained in the report of the Commissioners of Inquiry,” and expressing your Lordship’s desire to be informed what measures of improvement this College may be about to undertake, and what aid we may desire in the form either of prohibitions, of enabling powders, or of new enactments.” _ I may probably assume that your Lordship has received a copy of a letter which, in the absence of the greater number of the members of this College, I addressed in my own name to the Vice-Chancellor of this University on the 30th of December last, conveying such informrtion as I had it in my poiver at that time to offer wdth respect to the several points above mentioned. I may now state, on the part of this Society, that we have carefully examined all our statutes and trusts. 1 . And, with respect to the latter, I am requested to mention that we are trustees of various small endowments and charities, with regard to which we do not need any neAV powers of management or alteration. But in the instance of some Exhibitions for Bachelors of Arts of this College, founded in 1718, by Dr. Kobinson, Bishop of London, we could wish to be entrusted with some pow ers of alteration more extensive and more simple than we could obtain from the Court of Chancery, by the aid of which w^e might improve the regulations of the trust, and carry into better effect the main pur- poses of the founder. In another case the terms of the endowment of certain Exhibitions, founded * See No. 38. I 58 in the year 1761, are not indeed such as we might abstractedly approve ; hut in the opinion of the majority of the members of this College, the inconveniences ot the tiust are not such as to induce us to invite the assistance of the State for their removal. I subjoin in note A the conditions of this trust _ Lefermig in my letter of December 30th to some measures'of improvement ^^^lave already carried into effect, I mentioned that between the year 1838 and the present year we had established eight Scholarships, altogether open to public competition. The regulations for these Scholarships the College have It 111 their powm- to vary, from time to time, in whatever way may be found most conducive to the purposes of the Institution. It does not at present form part ot our foundation ; but we have under our consideration the question of adding this Institution by a new Statute to the Foundation of the Colleo'e 1 Statutes of this College, I stated in my'^former letter that we have no Oath or Declaration against change of Statutes. And I transcribed a clause from our original Statutes, which has been understood and acted upon from the earliest times, as giving to the College an independent power^ within certain limits, of adding to our Statutes or altering them. Of this power the College has availed itself from time to time from its foundation m 1326 to the present period. Hence we have the less need of ad- aitional taciliiies for improvement, and less occasion for change. We have now, however, under our consideration some propositions for a terations of our Statutes, for which we do not appear to stand in need of any new poAvers. Under this head, I may mention some minor changes in the statutable qualifications of Candidates for our Fellowships ; and the question of removing or relaxing certain restrictions as to the number of Fellows to be token at any one time from the same county in England, from North or South VVales, from Scotland, Ireland, or other parts of Her Majesty’s dominions • re- strictions onginally introduced to prevent the undue influence of local partiali- ties and ivlnch have been subsequently relaxed from time to time as such partialities have been considered less likely to interfere with the openness of c have also adverted to certain local restrictions affecting six out of our eighteen Fellowships. But, in the opinion of the greater part of the Society, they are not of such a nature that the College should invite assistance from the State for their removal. The nature and extent of these restrictions are described in note B, subjoined to this letter. The subject of the obligation upon the Fellows of this College to take Holy Orders was largely discussed at the meeting to which your Lordship’s letter was communicated ; and a considerable diversity of opinion v as found to prevail upon the subject. Under our present Statutes three out of eighteen heilows are permitted to study laiv or medicine, the rest are required to enter into Holy Orders, but none are obliged to do so before the expiration of six years from the time when they may become completely entitled to the decree ot Master of Arts. ^ _ Our latest Statute on this subject was passed in the year 1805. The obli- gation itself is grounded upon the intentions of our Royal Founder and our principal Benefactors expressed both in our Statutes and in our Charter of foundation. Witlyegard to the residence of the Fellows, the College wish me to state that our Statutes require continual residence ; but the Provost has power to allow of absences upon sufficient grounds for definite periods, and to renew the leave of absence from time to time. And as to the length of tenure of our Felloivships, they think your Lordship should be informed, that although the felloivships are tenable for life, they are for the most part, held for very limited periods ; so that out of eighteen Fellow- ships one or more vacancies are continually thrown open to competition every year. Ihus the vacancies have amounted to forty-four in the last thirty years' and in the last ten years to fourteen. ’ riie Society have further adverted to the subject of separating from the Headship a living at present by law annexed to it, and providing otherwise for the income ot the Provost, Avhich they would regard as a measure of improve- ment. And they have also under their consideration the question of the Pro- vost’s being elected not only as at present, out of the existing Fellows, but, if 59 necessary, out of those also who have been formerly Fellows. But if this alteration should be deemed, upon mature consideration, to be advisable, it will oblige them to pray for the aid of the Sovereign, the present limitation being fixed not only by our Statutes, but by our Charter of Foundation. I have, &c. (Signed) EDWARD HAWKINS, Provost of Oriel. Inclosure in No. 24. Note A, Extract from the Will of Elizabeth Ludwell, late of Charing, in the county of Kent, widow, September 28, 1761. And my will and desire is that in the nomination of the said Exhibitioners my own relations he first and principally regarded and chosen, and next to them that such candidates shall have the preference as shall be of the town or parish of Charing aforesaid, and after them, such as shall be of the County of Kent. Upon condition that such several Candidates shall be duly and properly qualified in respect of their learning and morals ; but if no such Candidate as is before-mentioned shall offer and propose himself, 1 will that such other Candidate as is best qualified in the above respects, of what county soever he be, shall be preferred and chosen.” Note B. Extract from Statutes relating to Six Fellowships added to the original Foundation of Oriel College. Four founded by John Frank, Master of the Rolls, A.D. 1441 : — A.D. 1441 ad Dei ecclesiam et cleri augmentum, et pro qiiodam summa mille librarum ab Execntoribiis venerabilis viri Johannis Franke recepta, alii qnatuor Scholares .... tali adhibita conditione proiit in ipsius Johannis ultima voluntate plenius continetur, viz., quod ipsorum qnatuor Scholarinm hiijusmodi quoad nativitatis originem unus erit de comi- tatu Dorset, alias de comitatu Somerset, tertius erit de comitatu Wiltes, et quartus erit de comitatu Devon oriundi, dummodo tales de dictis comitatibus eligibiles ad perficiendum et continuandum dictum numerum hujusinodi qua- tuor Scholarinm in dicto Collegio sint ita habiles (secundum judicim dictum prajpositi et majoris partis Scholarinm) moribus et scientia (et hoc coteinpore cujuslibet electionis futurae que tales ut praefectur oriundi debent in dictam Collegium eligi) sicut tunc alii Scholares eligibiles in dicta Universitate de aliis regni Angliae comitatibus stndentes. Et si aliquo tempore electionis futurae defectus de Scholari vel Scholaribus unius vel plurium dictorum qnatuor comitatuam propter inhabilitatem sen eorundem panis totum habeatur tunc loco ipsius eligendi sen ipsorum eligendorum alias eligendus subrogetur sen alii eligendi subrogentur habilis sen habiles moribus et scientia secundum formam Statutorum et ordinationum dicti Collegii de quocunque regni Angliae comitatu fuerit talis eligendus oriundus . . , Item statutum est quod singuli Scholares ipsius Collegii futuris temporibus eligendi, in eorum primis admis- sioribus ad harum ordinationum fidelem observantiam speciali juramente et in specie corporaliter sint astricti.” One Fellowship founded by John Carpenter, Bishop of Worcester, about the year 1476 : — A. D. 1842. . . . “ unus alius Scholaris, in et de Diocesi Wigorniensi I 2 60 oriundus .... fliciiltatis artiiim baccalaureus duntaxat, in Universitate Oxoniensi studens, qui prius probabiliter determinaverit in eodem, infra annum post datum praescntinm erit electns, et, post morum probationem, secundum formam statutorum dicti Collegii in pcrpctuum socium ejusdem assnmptus et incorporatus, sic quod de tempore in tempos erit hujusmodi Scholaris de dicta dioc. Wigorniensi oriundus, si quis repensi poterit, in dicto Collegio, pro per- j3etuo continuatiis.” One Fellowsliip founded by AA^illiam Smith, Bishop of Lincoln, lo07 : A. D. . . . - “ unus alius Scholaris in et de Diocesi Lincolniensi oriundus, facultatis artium baccalaureus duntaxat, qui prius probabiliter determinavent,” &c. &c., [and so on precisely as in the previous Statute of 1842. In either case it has been ruled by authority, and the rule is still observed, that by the Diocese of AVorcester is to be understood the old Diocese of AVorcester, including the present Diocese of Gloucester, and by that of Lincoln the old Lincoln Diocese, including the present Dioceses of Oxford and Peterborough.] No. 25. The President of St. John^s College, Oxford, to Mr. Fitzroy. St. John’s College, Oxford, February 1, 1854. I HAVE laid before a meeting of this Society the copy which you trans- mitted me of Lord Palmerston’s letter to the Earl of Derby, Chancellor of this University;* and I have now to state for the information of Lord Palmerston that a committee Avas some time since appointed by this Society to examine the College Statutes and to recommend such changes in regard to their requirements as might seem to them advisable. This Committee has had several sittings and has prepared certain recom- mendations to he laid before a general meeting of the Graduate Fellows of the College summoned to assemble on the 21st of this month. These recommendations, if adopted, will render it necessary that an Act of Parliament should be passed : 1. To enable the Society to relieve, as far as may be, those avIio have taken the oaths prescribed by the Statutes from certain obligations imposed thereby ; 2. To sanction the abrogation of such clauses in the Statutes as forbid any attraction thereof; and 3. To empower the Society under such control as may be thought expedient to alter or abrogate Statutes aud to frame new ones. Such control, it is thought, might be beneficially exercised by the Visitor of the College, subject to the approval and ratification of the Lord High Chancellor for the time being. The proposition for altering Statutes includes the third and fourth points adverted to in Lord Palmerston’s letter. AVith respect to the fifth, it is thought that the most equitable mode of satisfying the Avant therein alleged, is a joint contribution from the University and the Colleges, proportioned to their respective resources and the existing demands upon them. I have, &c. (Signed) P. AVYNTER, President, 61 No. 26. The Principal of St. Mary's Hall, Oxford, to Viscount Palmerston — [Received February 10.) My Lord, St. Mary's Hall, Oxford, February 8, 1854. IN obedience to Lord Palmerston’s wishes, as signified in the letter received January 24tb, I have the honour of stating that St. Mary’s Hall, although a portion of the incorporated body of the University of Oxford, and, as such, a place of academical education, is not, like the halls of the sister University of Cambridge, endowed with estate or any other property : it con- tains no Fellows, nor any but independent members, fet. Mary’s Hall receives two benefactors, both paid, through trustees specially appointed ; one, intended for assistance to certain natives ot the county of Somerset j the other, general, in the absence of claimants of kin to the founder. I cannot recommend any change in the regulations made in respect to these Exhibitions ; they are undei the management of honourable men, and work very satisfactorily. Phe sums (the highest 40L, the lowest 20/. per annum) are of the greatest assistance to the individual recipients, and beneficial to the Society, for they have been given to well-conditioned and well-conducted young men. And I would take the liberty of stating my opinion, that it would be by the increase both in number and value of such like Exhibitions, that the exten- sion of the University Avould be best carried out. The project of affiliated houses to be connected with Colleges would be a failure, and is, moreover, as I believe, uncalled for. The professed object is to save expense, but this would never be the case if rent or interest on capital expended in building, servants, furniture, and the incidental costs of an adequate establishment are considered. The machinery already exists in the several Colleges and Halls, and the cost to an individual is not greater than every one, brought up with any ideas of decency and comfort, or intending hereafter to fill the position in life of an educated gentleman or a respectable clergyman, ought to incur. A prudent youth may live at St. Mary’s Hall for less than 100/. per annum, and at many other Colleges for a still smaller sum, but he must be prudent, as Avell as reputed to be so. I have said these newly-proposed additions are not called for. There are rooms vacant in more than one College and Hall, and have been for a long period. In my owm Hall, although not an unpopular one, I have accommodation for a larger number than I have ever had in residence 5 and the same may be said of other houses. It is true that some few are overflowing, but this is the effect of chance or caprice, or fashion. I have passed nearly half a century in constant residence, first as Scholar, then Eellow of a College, and afterwards, for more than 30 years, in an official post in the University, and during that period have seen some Colleges, now overflowing, nearly empty; some, now but thinly inhabited, at one period so crowded that it was impossible to obtain entrance without several years of previous notice ; and the same fluctuations will probably occur in future. The fact is, that there is no real want of accommodation there is indeed a deficiency of room in one or two (for the moment) favourite or fashionable Houses, but the extension of the University, by the recent opening of Magdalen and Corpus for Commoners, and the new buildings erected at other Societies, have obviated altogether the inconvenience hitherto complained of ; and if, instead of the great press at individual Colleges, those who sought admission would be content to take it where it could be readily procured, Oxford, as it is, would hold the full number required for the purposes of education. On the constitution of the University and the alteration of its governing powers I forbear to touch; the subject has engrossed the attention of the Hebdomadal Board, and I am disposed to hope that the plan proposed by that Body is likely to work most advantageously, as well as prove acceptable to all parties, except that which seeks for exclusive power, and aims not so much at improvement as revolution. The system of educating young men by the lectures of public Professors instead of by tutorial instruction wiU tend, as I think, only to the injury of all * See No. 39. 62 sound learning, and the encouragement of superficial and unprofitahle teacliino’ hov the first three years of a young man’s life in College he requires the carefSi supervision, the continual watchfulness, and suggestive aid of a tutor in forming- IS Laste, testing his progress, and cultivating and extending his mental powers. 1 his IS effectually performed in the classes of a Tutor’s lecture-room and the benefit is sure and lasting. A Professor may fitly raise on this foundation a more extensive superstructure, but the generality of men are not men of first- rate abilities; and if they are to depend altogether on professional instruction, tfie amount of sound and useful learning will be small indeed. Pinally I would remark, that the University of Oxford has, for nearly the last hundred years, gradually reformed itself. Its revenues have been auo-_ mented by careful management, its examinations improved and extended by judicious alterations : unnecessary oaths have been dispensed with, obsolete customs abolished, and a general improvement has confessedly taken place and 1^3 daily progressing. It is time that what the wisdom and piety of our tounders had enjoined, and the experience of centuries has confirmed as prudent and beneficial, has not been hastily or irreverently overturned ; and it may not be too much to hope that in any meditated alterations by the Government, no blind and headlong change urged upon them from the mere love of novelty if not from some more base and selfish motive, may not be encouraged, mich ess inflicted on the University, by those who will not own her value, or are unable to appreciate her usefulness. I have, &c. (Signed) PHILIP BLISS, Principal of St. Mary’s Hall. 27. The President of Trinity College, Oxford, to Viscou 7 it Palmerston. {Received February 2.) My Lord, Trinity College, Oxford, February 1, 1854. a former letter I have had the honour of acknowledging the receipt of your Lordship’s circular of January 21st, which had beenmissent to Cambridge- and It was read by me yesterday to a meeting of cur members called together- tor that purpose, upon their return to College after the vacation. In consequence of a desire expressed by the Vice Chancellor to that effect, some observations were made by me in writing, both on the part of the College and for myself, upon the original letter to the Earl of Derby our Uianceilor a copy of which is doubtless already in your Lordship’s hands' and to which I beg respectfully m the first place to refer. . College was founded in the year 1556, and is a small Society co i- sistmg of a President, 12 Fellows, and 12 Scholars, with some Exhibitioners and certain independent members. ’ Witlyegardto the five points to which your Lordship particularly directs oui attention ; on the first, the alteration of the Constitution of the University we are silent, a^s being more of a public than a College matter. ^ ?• express no opinion with respect to the opening of affiliated Halls or other places of a similar kind for the extension of the Lnivei^ity, such as our own want of means precludes us from undertakino- we wish to observe with regard to Students unconnected with any College or Hall, that it does not appear to us practicable to enforce any degree of order or discipline amongst a number of isolated young men, who would necessarily be left to their own discretion, and the care of lodging-house keepers, and whose expenses must necessarily be greater than those required by Collegians livino- too-ether at a common table. The most practicable methods of extending the benefits ot the University more widely than at present would appear to consist in the * See No. 39. 63 establisliinent of Exhibitions and the reduction of expenses. The latter of these we are and have been endeavouring to effect ; and with regard to the former, whilst we have employed such Exhibitions as we already possess in the assistance of deserving Students of limited pecuniary means, we have been considering also the possibility by economy and good management of increasing their number; upon which subject we are in communication with our Visitor. 3. Our Scholarships are open to the competition of candidates from any quarter whatsoever, between the ages of 16 and 20;* and the Fellowships, in like manner, to any graduates of English blood and born in England, with a preference to the Scholars, if fit ; the only restriction being this, that not more than tAvo persons from the same county should be Fellows at the same time, except Oxfordshire, the Founder’s native county, from which five are alio wed. f This has not been found to work inconveniently ; but a desire has been expressed by some Members of the Society, and favourably entertained by the Visitor, to modify, as regards Fellowships, the qualifications hitherto supposed necessary, of having taken a degree, and being born of English parents, and within the island ; and further to subject the Scholar, when candidate for a Fellowship, to competition with others, having the required general qualifications, allowing him a preference cateris paribus. 4. With regard to residing in the University, Ave respectfully submit that an enactment, such as that indicated by your Lordship’s letter, compelling residence after a certain period, but leaving the FelloAV free to reside Avhere he Avill until that period arrives, Avould have the effect of bringing into residence, and at a time of life AAhich Avould render efficient control impossible, precisely those members of the Foundation Avho had been unable to gain a position elseAvhere, and Avho Avould probably, therefore, be the inefficient and idle portion of the body, and Avhom no statutable provision, professing to enforce bond fide study, could practically reach ; while at the same time, such an enactment Avoukl pre- vent the College from requiring, at the hands of its Fellows, that Avhich is their primary duty as members of the Foundation, the devotion to its service of the earlier and more active years of their life. We submit, that if any relaxation of the continued residence Avhich our Statutes require be desirable, it Avould be better to compel residence (except in the case of those Avho are prosecuting their studies for the bar, or the medical profession, or other similar objects,) during the earlier rather than the later portion of the tenure of the FelloAvship, alloAving the FelloAr Avho has earned a title to his emoluments by a sufficient period of College duties, to folloAV thenceforAvard the bent of his own mind, by residing Avhere he Avill, subject only to such restriction as College needs may require. 5. Our means are very limited, the intended endoAvment having been left incomplete, owing to the Founder’s early death ; and we have no income at our disposal beyond Avhat is actually called for towards the support of the members, repairs, and other incidental expenses. We must, therefore, plead entire in- ability to supply funds for University purposes. Several of the FelloAvs of my College request me to add, on their parts, that they desire to be relieved from the difficulty in which they are at present placed, by the administration of the College oath, binding them to tlie literal observance of Statutes, of Avhich a considerable portion are either obsolete or illegal, and which, nevertheless, the same oath binds them to abstain from changing : and that they conceive that a compulsory prohibition of such oath (together with certain portions of the Statutes referring to it,) by an Act of the Supreme Legislature, Avould be an adequate, as it is the only, means, of freeing ■ their consciences from an obligation, contracted of necessity upon the assump- tion and under the conditions of the assent of that Legislature. They hold, indeed, that long usage has been amply sufficient to establish an. equitable inter- pretation of the letter of this and similar oaths, and to protect the consciences of those AAho took them, so long as they observed to the best of their poAver the Avills of their Founders. But however this may be, it is in the first place, they conceive, obviously most desirable that the letter and the meaning of so solemn * The Commissioners propose a narrower limit, the age of 19. — Report, p. 259, No. 40. 1 At the present moment, there is not a single Oxfordshire Fellow, nor has been for some vcars past. 64 a thing as an oath should he brought into harmony ; and further, although the greater part of the Statutes of this College need no alteration, and although with respect to much of what is obsolete, it would appear to them sufficient to adopt a certain modification of the form of oath, which the Visitor has declared himself willing to sanction, and which expresses in terms the limitations long since tacitly assumed in the administration of the oath. There are, neverthe- less, some portions of the Statutes (as in particular the chapter relating to resi- dence), which seems imperatively to require change, and which yet, while the oath continues, they are debarred from changing. And lastly, whereas it seems extremely desirable, nay absolutely necessary, for the working of the College, to secure for the future some well-considered machinery for adapting Statutes as emergencies arise ; the existence of a special oath against change places a bar in the Avay of effecting any such provision. Under these circumstances, they desire legislative aid in the form of a pro- hibition, or other compulsory interference, in the way best calculated to relieve them from the oath against change above referred to. In making this statement on the part of the Society, I have only further to express generally,their anxious Avish to adopt every practicable improvement aa hich times or circumstances render necessary, and Avhich is within their poAver, and to add, that they have, sometime since, applied for advice and assistance to the Bishop of Winchester, their Visitor, Avho has draAvn up some observations and suggestions noAv under consideration. For myself, I Avould respectfully beg to repeat, that Avith every dutiful feeling of a good subject, and desire to concur in measures of improvement, I am forbidden by the terms of a strict oath, from either seeking or accepting change, or taking or accepting dispensation. This oath Avas imposed upon me with the concurrence of the Legislature, and the legislature cannot possess an absolving poAver to release me, although it may prevent others hereafter from incurring the same obligation. I have, &c. (Signed) JOHN WISLON, President of Trinity College, Oxford. No. 28. Tke Master of University College, Oxford, to Viscount Palmerston . — {Received February 2.) My Lord, University College, Oxford, February 1, 1854. I HAVE the honour to acknoAAdedge the receipt of the communication transmitted to me by your Lordship’s direction on the 2-3rd of January,^ Avhich I have duly laid before the FelloAvs of the College noAv in residence. I beg respectfully to observe that a short time since I returned an ansAver, on behalf of the Master and FelloAvs of this Society, to certain inquiries, made by desire of the Chancellor of the University, for the information of your Lord- ship, in reference to the measures of improvement AAdiich this College may contemplate, and the aid it may desire from Parliament.” In that ansAver your Lordship Avill perceive that 1 have already adverted to some of those points to which I understand your Lordship noAV desires more immediately to direct our attention, so far as they may relate to this College. In regard to the 1st and 2nd of these points, I beg to state, on behalf of the Master and Fellows noAv present, that they do not feel themselves called upon to express any opinion, as they conceive that the questions therein referred to relate rather to the Members of the University in general than to the Members of each separate College. They may, hoAvever, observe, as regards this College, that they have lately erected, at a considerable cost, a ncAV building for the reception of an additional number of Students, which Avill entail a heaA^y charge upon their funds for several years to come ; and that, although they are not prepared Avith any specific plan for receiving a neAv and poorer class of Students, Avhich they understand the inquiry chiefiy to refer to, they Avould be * See No. 39. 65 willing to adopt any means which might appear to them, on mature considera- tion, likely to promote that object, so far as their means may extend. They may add, that they possess very few endowments specifically assigned to '‘Poor Students,” and those they have been desirous of rendering as available as possible towards assisting meritorious Students with scanty means. In regard to the 3rd point, I have to state that some of the Fellowships in this College are practically open ; others are restricted to natives of the province of Canterbury, or to that of York ; and that all of them (as well as the Scholar- ships belonging to the College) are awarded, according to merit, by competition, so far as either the Statutes of the College or the Ordinances of die Founders may in each case aliow. The Master and Fellows have for some time had under consideration the propriety of abolishing altogether these restrictions in regard to one Foundation (such not having been prescribed by the Founder) and of greatly modifying, or, as some of our Members would prefer, of abolishing, the restrictions attached to others. And, as I have already stated, in the answer to the inquiry made by desire of the Chancellor of the University, since no oaths are imposed upon the Members of this College, forbidding them to seek foi changes in their Statutes, and it is a Royal Foundation, and a power of altering the Statutes is vested in, and has been exercised by, the Crown, they conceive that, in regard to one Foundation at least, the Visitor has ample powers for effecting the changes desired. But in regard to others, possibly, the aid of the Legislature may also be required. In regard to the 4th point, I may observe, that one of our Fellowships, recently founded for the study of Law, is already limited in tenure to 7 years. And the majority of the Society are of opinion, that the present number of 12 permanent Fellows is not larger than may be usefully employed in the work of education, in study, or in the discharge of the administrative duties of the College. The minority are of opinion, that a certain proportion of the existing per- manent Fellowships might advantageously be converted into terminable Bye- Fellowships, as prizes for each distinction, and as an assistance in the com- mencement of a Profession. The whole of the Society are of opinion that the power of dispensing with residence should remain vested in the College, to be exercised only on sufficient cause being shown, and in such a manner as to avoid the danger of any perma- nent Fellowship degenerating into a sinecure. I may observe, that the succession to the Fellowships in this College has been found by experience to be sufficiently rapid; 21 vacancies in the 12 found- ation Fellowships having occurred during the last 20 years. In regard to the 5th point, I beg to state, that there is no evidence to show that any of the Endowments in this College were designed by the Found- ers to be applied to the purpose of providing Public Teachers for the University. And as the number of Fellowships is not greater than is necessory for the requirements of the Society, and as the revenues of the College are far from ample, and indeed are not sufficient to enable them to carry out various measures of improvement within their own Society, which they would desire to effect, they feel that the property of the Society could not, without detriment to the efficiency of the College, be made available to the general purposes of the University. One of their body, however, is opinion, that even in the present state of the College, a reduction in the number of Fellows might advantageously be made for the purpose of endowing University Teachers. I llH;V0 (Signed) F. C. PLUMPTRE, Master, On behalf of the Master and Fellows. K 66 No. 29. The Provost of Worcester College, Oxford, to Viscount Palmerston. (Received February 1.) My Lord, Worcester College, January 30, 1854. I HAVE the honour of informing your Lordship that I laid the letter* addressed by your Lordship to the Chancellor of the University of Oxford before the Fellows of this College. ^ After due consideration of the subject of this letter, the Fellows beg to join me in making the following statement : We beg most respectfully to represent to your Lordship, referring to your Lordship’s inquiry respecting the necessity of Parliamentary interference, with a view to measures of reform, that the position of Worcester College differs materially from that of the generality of the Colleges in Oxford. From the comparative lateness of its Foundation (1714,) its Statutes are entirely free from those restrictive injunctions which press so heavily upon Colleges of a more ancient date. They contain nothing unreasonable, nothing calculated to impair the educational efficiency of the College. For this reason, amongst others, Worcester College, although its revenue collectively is less than that of most of the other Colleges ; and although its Fellowships, individually, do not nearly reach the minimum mentioned by Her Majesty’s Commissioners as desirable, has for a long time educated a very large body of young men, and has, at the present time, 103 undergraduate members on its books, holding thus the third place in respect of the number of under- graduates among the Colleges of this University. Having received an opinion of a former Visitor, that with the consent of its Visitors, its Statutes might be altered, a few years since, a revival of its Statutes took place, and some alterations having been made, which appeared desirable, our general practice has ever since been in strict conformity with them in the most minute particulars. If, however, the efficiency of the College can be still farther improved, the Provost and Fellows are most anxious to do all in their power to effect this object, and a committee has been formed lately for examining the Founder’s wills, in order to see how far they will allow of further charges, which may appear to have a beneficial tendency. I have, &c. (Signed) R. L. COTTON, Provost of Worcester College. No. 30. The Provost of Queen's College, Oxford, to Viscount Palmerston.—fReceived January 28.) My Lord, Queen’s College, Oxford, January 21th, 1854. I HAVE the honour to acknowledge the receipt of the cojDy a letter sent by your Lordship to the Chancellor of the University. The inquiries contained in it have been already before the College, at a meeting especially convened for that purpose. It will, perhaps, be the most proper course to forward, in answer to your Lordship’s inquiries, a copy of a letter written to the Vice Chancellor on the occasion of that special meeting of the Society, in answer to them, as it would be impossible, without loss of time and great inconve- nience to, to convoke another meeting for a similar purpose. I have, &c. (Signed) J. FOX, Provost. * See No. 38. 67 Inclosure in No. 30. The Provost of Queen's College, Oxford, to the Vice-Chancellor. Dear Mr. Vice-Chancellor, Queen's College, January Qth, 1854. WE have considered your note of the 16th of December ; we have also had before us the letter of the Home-Secretary to the Chancellor of the University of Cambridge, which we assume to be the same substantially as that forwarded to the Chancellor of Oxford, and which has materially assisted our deliberations. r. ^ i ^ Sensible of the desirableness of extending the benefits of education to deserving men of limited means, we largely augmented, in 1846, the emolu- ments of the Tabarders, at a considered sacrifice of annual income. We have found that this inducement has brought us, from two counties, men who have distinguished themselves, and who would be worthy to obtain Fellowships under any system of election. It is also under consideration to found ten Scholarships, without restriction as to place of birth, two to be founded annually from the present year, value 501. each. As regards local restrictions, we propose under the power conferred by our Statutes, to admit candidates from every quarter to examination, in the elections to Fellowships as well as in those to Tabarderships, still receiving the preferences prescribed by the Statutes, from which many of us conceive that we cannot and ought not to depart. Hitherto only candidates^ born in the counties of Cumberland and Westmoreland have been admitted by immemorial custom; and the Fellowships have been filled up from those who have been Tabarders without competition. ^ r n We are strongly of opinion that a limitation upon the duration of Fellow- ships would greatly diminish their value as inducements to study, and that the proposed exceptions to its operation could not be evenly carried out. Sinecure Fellowships are an admitted evil ; but we do not think that such a limitation would be an appropriate remedy. The surrender of any part of the College resources for the maintenance of University Professors, or other general purposes, is a subject to which, up to the date of your inquiry, we had not given attention. We are not, however, prepared to make such surrender ; as great sacrifices of income have been made, and are under consideration, for purposes more immediately witiiin our scope. No plan embracing other alterations, has been matured. I have, &c. (Signed) J. FOX, Provost. No. 31. The Deputy Reader in Mineralogy at Oxford to Viscount Palmerston. {Received February 24.) My Lord, Ashmolean Museum, Oxford, February 23, 1854. I TAKE the liberty of addressing to you some observations concerning the state and prospects of physical science in this University, because I feel that now, if ever, the subject is to be urged, and that neithei Her Majesty s Com- missWers, nor my colleagues, excepting in the case of Dr. Acland’s observa- tions regarding physiology, have called that attention to it which its importance demands. I need not tell your Lordship that until very recently the Physical Sciences have been recognised here in no way as part of the systematic educa- tion of the University; and though by the Statute of 1850, which came into operation last year, these subjects have been introduced into the Examinations, it cannot be concealed that their success hitherto, and indeed, I am hound to add, the probability of their success in the future has been and is by no means such as to be encouraging even to the most sanguine well-wisher to these studies. 68 The sources of this disappointment appear to me to lie partly in the concentra- tion of men’s energies and thought on studies which are more traditional here partly in the disorganisation of the physical department of the Professoriat through the indifference shown by the University to the subjects of its teachino- and partly also to the incomplete nature of that Professoriat itself. On the general questions connected with the first of these points I feel that it would not be proper for me to enter, but, as regards the others, I would venture to offer a few observations which may perhaps not be irrelevant at a time when Her Majesty’s Government have a reform of the University under consideration. Unless a veiy consideiable increase should take place in the numbers of the University I conceive that the schedule of Professorships, which I subjoin to this lettei, will be found sufficient for the due representation of the various de- partments of ^Tatural Science. I have embraced also in the series the Professor- ships requisite, in my judgment, for the Mathematical department. The Pi ofessoriat, if composed according’ to this plan, would require the introduction of five new Professorships, namely, one of Medicine and Patholoo-y of ivhich indeed the nucleus exists in the Clinical Professorships. ^ One of Zoology. One of Practical Chemistry. One of Mechanical Science [Experimental Mechanics]. One of Mathematics [Mathematical Analysis]. I would add that it would be very desirable that it should be in the power of the University to create “ extraordinary ” chairs in particular cases where it might be considered important to secure the services of any person eminent in any particular study, whether included or not in the constituted Professoriat. It is moreover very necessary that it should be declared impossible for a Professor to hold more than one Professorship, or any other lucrative educa- tional post in^ the University excepting that of Examiner. If the Professor- ships shall be increased in value this condition should be at once enforced, as it would probably bring on the staff of the Professors accessions in departments in w hich they are much needed. I have, &c. (Signed) M. H. NEVIL STORY-MASKELYNE, Deputy Reader in Mineralogy at the University of Oxford. ■> Inclosure in 31. SCHEDULE OF PROFESSORSHIPS REQUIRED m PHYSICAL AND MATHEMATICAL SCIENCE. 69 70 No. 32. The Chancellor of Oxford University to Viscount Palmerston . — ' [Received February 23.) My Lord, St. James's Square, February 22, 1854. I HAVE the honour to inclose a copy of a letter addressed to me officially by the Vice Chancellor on the 20th instant, and which was, as he informs me, agreed to unanimously by the Hebdomadal Board on that day. 1 have, &c. (Signed) DERBY. Inclosure in No. 32. The Vice-Chancellor to the Chancellor of Oxford University . My Lord, Delegates^ Room, February 20, 1854. I HAVE already had the honour of convoying to your Lordship the coidial thanks of the Board of Heads of Houses and Proctors for your imme- diate and most considerate attention to the subject of the petition which they desired to sulnnit to the votes of Convocation. But the Board is also under great obligations to Viscount Palmerston and to Her Majesty’s Grovernment for the prompt consideration which, in the midst of other and more pressing engagements, they have afforded to the Draft Petition which your Lordship communicated to them, for the postponement of the measure which they had designed to introduce into Parliament, thus affording time to the Board to ascertain the sense of Convocation upon the matter of the proposed petition ; and for the readiness they have evinced to advise Her Majesty to grant its prayer with respect to two of the Caroline Statutes and to the quieting of all doubts concerning the power of the University to amend or abrogate any other parts of the Laudrian Code. The Board would request your Lordship to express their respectful acknow- ledgments accordingly to Her Majesty’s advisers. With regard to the third Caroline Statute, they regret to find that Her Majesty’s Government appear to entertain considerable objections to the altera- tions in the constitution of the University which was proposed in the draft petition. The Board has considered those objections with every desire to meet the wishes of Her Majesty’s advisers, and has made some alterations in the form of petition which it is hoped may be satisfactory ; whilst on other points they would respectfully offer some explanations, by which they trust those objections maybe softened if not altogether removed. Instead of proposing that the Professors, as well as the fifteen other non- official members of the second Initiative Board shall be selected by Convocation at large, they would now commit to the Professors themselves tlie nomination of the eight Professors, subject to the approval of Convocation, And instead of entrusting either of the two Boards with a power of suspending for one term the consideration of a measure suggested by the other Board, a power which they supposed would be rarely acted upon, and only in the case of a difference between the two Boards upon the principle of some important change, when some delay might be even salutary, they have struck out this provision altogether and allowed the question respecting tlie submission of such a measure to Convocation to be determined without delay by the collective votes of the two Boards. This alteration they trust Avill remove the objection entertained to the proposed Constitution as Avanting on this account, ‘^both in unity and promptitude.” As to the general id"ea of the consideration of measures by two distinct and co-ordinate Boards, they might indeed appeal to the highest precedent in the form of the British Constitution. But they further contemplate the probability of many, or even most measures being considered and prepared by those joint Committees, composed of mem- bers of both^ Boards, for which, accordingly, particular provision was made in the outline of a Constitution sketched in the Draft Petition. 71 With respect to the proposed arrangement retaining ''all functions of administration and interpretation, without exception, in the hands of the present Board of Heads and Houses and Proctors,” they ^yould respectfully observe, that although the Vice-Chancellor or the Board may often he referred to in practice for explanations or interpretations of Statutes in the preparation of which they may have had a principal share, yet the authoritative explanation of any Statute can only he given hy the Convocation which has enacted it. And whilst the ultimate government of the University is vested in the Convocation, to which every question of any importance is referred, the proposed scheme does in fact provide that every question whatsover, which requires the sanction of Convocation, shall he considered, not hy the Hebdomadal Board, alone as at present, but by both Boards. . , And lastly, with reference to that objection to which Her Majesty s Govern- ment attach the greatest weight, that the proposed arrangement scarcely gives " a substantive and considerable share of representation for the Professors who may be held as a Body to represent the University as apart from the Colleges, the Board believes that several explanations might be offered which might con- siderably diminish, if not altogether take away, the force of the objection. It has been supposed, that under certain circumstances 8 Professors might be called upon " to defend the distinct and separate interests of the University,” in the presence of 41 members representing the Colleges. But, Avhilst the proposed arrangement provides that 8 members of the new Board shall always be Professors, it allows the Convocation according to its disci e- tion to elect any other Professors amongst the 15 other elected membeis of the Board ; and even in the Board of Heads of Houses and Proctors, Profes- sors are frequently to be found. Four Professors have seats at the Boaid at the present time. The Board would also venture to observe, that the Professors can scarcely be said to represent the University, considered as apart from the Colleges. The Corporate body of the University is represented not by any Class or Board, but by the Convocation at large. The Professors themselves. Members of the Convocation, like all other Doctors and Masters, are also membeis of Colleges and Halls ; and all other members of Colleges and Halls, of those degrees, are equally members of Convocation. And whilst the University speaks and acts by its House of Convocation, as it has acted and spoken from the earliest times, the Professors themselves, as they are at present, are of comparatively modern origin ; only one of the present Professorships, (the Lady Margaret Professorship of Divinity) having been founded before the Reformation, and the greater number having been established in the 17th or 18th centuries, or in very recent times. But the Board is most unwilling to suppose the possibility of any case arising in which the Professors could have any separate interests to maintain. Distinctions may, no doubt, be drawn between Professorial and Collegiate instruction ; and during the recent discussions, too much perhaps has been heard of the separate interests of different Classes in the University ; but in the normal state of our Institutions there exists no such rivalry or opposition between different orders. If the improvements introduced by the new Exanun- ation Statute in 1800 gave an undue stimulus to one department of instruction, and thus, contrary to the intention of the authors of the measure, gradually diminished the attendance upon Professorial lectures, one of the objects of the recent Statute of 1850 was to restore the due balance ; and the general object of the University has been to combine and unite all classes of teacheis in one harmonious system for the promotion of Learning, Science, and Religion. The Board forbear to press these considerations further, but they would respectfully solicit your Lordship, if you should deem it advisable, to take an opportunity of inviting the attention of Her Majesty’s Governinent to the explanation which they have thus ventured to offer, and to which, iri the event of the Convocation affirming the Petition, which, with the modification already mentioned, they have submitted to it, they do not doubt Her Majesty s Advisers, will give a kind and favourable consideration. I have, &c. (Signed) R. L. COTTON, Vic6~Chctnc6llor, No. 33. The Chancellor of Oxford University to Viscount Palmerston . — {Received February 16.) My Lord, James s Square, February 15, 1854. I HAVE tlie honour to fonvard to your Lordship, for the information of Her Majesty’s Government, a printed copy of a Report of a Committee ap- pointed by Magdalen College, to consider the best means of extending and improving the educational system of the College, which Report was taken into consideration, and in the main adopted, by a majority of the resident Fellows • together with an explanatory letter, addressed to me by the Vice-President’ which I forward in original. A short note from the President informs me that he altogether disapproves of many of the resolutions contained in it ; hut that he is ready to concur in the execution of such measures of improvement as, c^cording to the constitution of the College, have been mutually agreed on by the President and Fellows.” I have, &c. (Signed) DERBY. Inclosure 1 in No. 33. The Vice-President of Magdalen College, Oxford, to the Chancellor of Oxford. My Lord, Magdalen College, Oxford, February 3, 1854. I HAVE the honour to inform your Lordship on the part of the Fellows of Magdalen College, that in consequence of a letterfrom the Vice-Chancellor, statino- that the Chancellor of the University wished to make known to the Government what measures of improvement were contemplated or had already been carried into effect by Magdalen College, and whether they required prohibitions or enabling powers for this purpose ; a special meeting of the Fellows was convened for the 25th of January last, the results of which I am deputed to submit to your Lordship in the form ot certain resolutions, together with such other infor- mation as may be required to explain their nature. Improvements in our collegiate system have for some time past been the subject of grave consideration to the Society. In February 1851, a Committee was appointed “to examine and report what might appear to them to be the best means for extending and (if neces- sary) amending the present educational system of the College consistently with the Statutes.” The Society have instructed me to transmit to your Lordship a copy of their Report. The summary, commencing at page 36, will show that the prin- cipal recommendations relate to the introduction of Commoners, the institution of an affiliated Hall, the increase of stipend to the Prelectors, and the testing of the proficiency of candidates for Demyships (or Scholarships within the College) by a stricter examination. The Society has already so far acted upon these suggestions, as to substitute Commoners for Gentlemen Commoners, and to determine the nomination to Demyships with as strict a regard to merit as is compatible with the other statutable qualifications of poverty and good morals. The question of the Praelectorship has been one of the topics under discussion at the special meeting, and will presently be considered. On the subject of an affiliated Hall, a question was raised some time since whether it could be esta- blished consistently with the Statutes. The Fellows beg to apprize your Lord- ship that the matter has been referred to the Visitor, and still remains undecided. I have further to inform your Lordship, that at the Summer Meeting of 1853 the question of the renewal of College leases was taken into consideration, and that the Bursars were instructed to report to the Society their views as to the feasibility of the non-renewal of such leases, — a plan w'hich, if practicable, would place at the disposal of the future College an increase of income which 73 might he advantageously employed in the extension of education within the ’walls of the College or in the University. , ^ , , • t ^ I have in the next place to inform your Lordship what instructions 1 have received from the meeting of Fellows convened to consider what answer should he returned to your Lordship’s Message. On the question of applying to the Legislature for prohibitions, enabling nowers and the like, the Fellows have decided by a considerable majority that Ft was not expedient to solicit the assistance _ of the Legislature l ie bellows are further of opinion that of alterations which, withm the statutable limits, maj cSle!thi iTincipal are such as relate to the Prjelectorsh.ps, the super- annuation of the Demies or junior Scholars of the College and the extemion of education to a greater number of poor Students. It may be useful to in orm your Lordship that our Founder ordained that there should be m his College three Lecturers, to be chosen either from the Collep or the Univers^ity whoare Lerally to lecture on Natural and Moral Philosophy, and on Sacred Iheolop^ to the Scholars of the College, and to all others who may be desurous ot hearing such lectures ; that these lectures have been, and still are, though few in num ler open to all who from any quarter may come to the College i that, in point of fact they are not frequented by others than members of the College. It is therefore thought advisable to place these lectureships on a footing more suit- able to the purpose of general instruction, and so more conformable to the intentions of the Founder ; and also to suggest to the President that he sum of 750Z per annum, at least, be applied to the endowment of such Pnelectorships in such proportion as on further consideration may be thought desirable. The next resolution relates to the superannuation ot the Demies. Ihe Statutes prohibit these Scholars from remaining after their 25th year, ihe custom of the College, dating from a very ancient period, assigns no such limit The principal idea for the continuance of the existing practice seems ^ be, that as in the earliest times of the College persons might be admitted to a Demy ship at the ao'e of 12, a return to the letter of the Statute would be curtailing them of a considerable portion of the maintenance and education originally designed for them On the other hand, it is contended that as such practice is opposed to the letter of the Statute, the sooner it is abandoned the better ; and that it is adverse to the interests of learning, by limiting our means of education to comparatively few, and by removing one great stimulus to study in those to whom_ such education is extended, succeeding as they at present do, as a nmttei ot course to the first vacant Fellowships in College for their counties or dioceses. The Fellows present at their last meeting were almost unanimously of opinion ‘‘that the permission of Demies to remain after they have attained e ao-e of 25 being contrarv to the letter of the Statutes and unfavourable to the iMerests of learning, ought to be discontinued; but as the existing practice has so long prevailed, it would not be desirable to take such a step without consult- ing of extension of education to a larger number of poor Scholars, the Fellows are prepared to recommend “that any increase ot the College income which may hereafter accrue, and which may fairly be expected should be applied to the founding of Exhibitions, until they shall amount at 50k each to 1500Z. per annum ; and that prior to such increase they are willing to reserve annually a considerable sum from the dividend, m order to create a fund for that 'laying this before your Lordship, I beg that I may be understood to offer it not as the result of a regular College meeting m which the President and Fellows acted in concert, but simply a statement expressive of the views of the maiority of Fellows present in College ; the President having deemed it most expedient that he should forward a separate answer m his own name, leavin'’’ the Fellows to adopt a similar course. I have, &c. (Signed) HENRY HARRIS, Vice-President. L 74 Inclosure 2 in 33. REPORT presented to tlw President and Fellows oj Magdalen College, bn the Committee appointed at the College Meeting held February 11 , 1851 to examine and report what may appear to them to be the Best ' Means for Extending, and {if necessary) the present Educational System of the College, consistently with the College Statutes. ^ The Committee appointed by the College on the sixteenth of February last to consider what means may be adopted in conformity with the Statutes to extend and the'SLTv fwTr’ of tlie College, beg to acquaint to tOem the iollowing Report. In the execution of the duties committed to them they have endeavoured f ^’ocommeiid nothing which might seem contrm will and intention ot the Founder; 2ndly, Incases in which that , not perfectly appear, to follow such interpretations of visitors, and such ancient customs of the College, as lay within their reach ; and 3rdly, In rec^ard to points upon which neither the Statutes nor ancient custom could be definitely thdr ^wn similarly situated with And liere, previously to entering upon the Report, tlie Committee desire to announce to the Society tliat they have availed themselves of the confidence reposed larger than might at first sight appear to the geneial body necessary or expedient ; they have felt that the time is come for intro- uc'iig not merely slight changes, but such improvements as they supposed would really tend to the exaltation of the Christian faith, the advancement of the Church the increase of divine worship and the liberal arts, sciences and faculties.”* And if 1 should appear, as it will, that such ends are not to bo attained without some sacri- Do?Ln?fidrLr tlm Society to consider whether the more important poition of the following details, if not strictly required by the terms, is not at least agreeable to the general spirit of the Statutes, and such as a College, gifted with lai-e means and q^portimities of doing good, would scarcely be justified in declininc. to carry into eftect m conformity with the resolution of the College meeting Ihe Committee have directed their attention to the following points • 1st. the admission of extranei, whetlier Gentlemeii-Commoners, or Commoners entirely payinf^ their own way and maintained sine onere Gollegii, or lastly, a class corresponLo- tS Poor Scholars , and also as to the best mode of receiving such ; 2ndly, the nomi- nation of Demies ; Srdly, to the restoration of the Praslectors ; and lastly, the discipline of the College. Upon these several points they have to lay before the meeting the following Report. ^ Before citing the passages in the Statutes relating to the reception of extranei the Committee would premise the following observations. ^ Up to the time ot the foundation of this College the reception within the walls ot extranei maintained ad expensas proprias, i. e. of Commoners and other inde- pendent members was neither contemplated by the Statutes of any of the nine Colleges m Oxtord, nor had it been adopted in practice ; at least, indications t of exceptions as regards practice are of the faintest possible character; as regards Statutes there IS no exception whatever. The whole system of receiving CommLers within the walls of the Colleges in Oxford is due to William Waynflete, and it was adopted from the Magdalen Statutes in those of the Colleges that were founded after Ins time, as Brasenose, Corpus Christi, and Trinity.J * Statutes, Trans., p. 1. t They are scarcely more than that the Founder of Merton received a friend into the Collecre «imer i wTcCfi,” ” ^ ® Computi occur entries “pro 75 The Statutes of the College were given in 1479, the foundation having been completed about the year 1456. Up to that time the Students in the University are divisible into three classes. 1, Poor Scholars ; 2. Those on the Foundation of the different Colleges, who were chosen out of the Poor Scholars and 3. The sons of gentry and noblemen.^ This last class f were received in the University either as noblemen, and with privileges according, or as Commoners ; there being no clear trace of the order of Gentlemen- Commoners till the time of Elizabeth. The Colleges, at least all those founded before 1456, had for their object the maintenance of certain beneficiaries, who were appointed in various ways and on various conditions. They were supplied with free lodging and board, to which was generally added a small bursary or stipend: and they M'ere under much closer domestic superintendence and literary discipline than those members congregated in the Halls. Books were supplied for the use of the community. The buildings of the several Colleges seem to have been only of sufficient size for the reception of the members of the Foundation. The only aid rendered by them to the general educa- tion of the University was by their members being required to proceed to their degrees, and in consequence perform certain disputations, either original or reading the te-xt of some book with or without comments at the Augustinian Friars on the dies legibiles. These disputations forming, in the absence of books, one great source of the instruction of students in Oxford. The Poor Scholars lived in the Halls, of vdiich at the time of the foundation of the College there were a considerable number ; or even in unauthorized dwelling- liouses : a small number umre received into the Colleges. There are allusions to such in some College Statutes ;t and considerable indications in the early history of the Colleges that many such were received within the walls, performing certain menial duties in return for their board, lodging, and education. The sons of noblemen or gentry were received at the Halls, or as lodgers in the monasteries. The Statutes of no College before 1479 provide for their reception within the College, nor is there any evidence that the actual admission of such within College walls was other than very rare. In the early part of the sixteenth century, § it is evident that independent membei-s were received to a considerable extent into the Colleges, this being caused by the suppression of the monasteries and the gradual absorption of the Halls into the Colleges ; the Colleges buying them up, as during the disorders of the civil wars and of the Reformation they became empty and easily purchased. The three Colleges founded after Magdalen and before Edward Vlth’s reign, have permission to receive a certain number of extranei, described as fdii nohilium, and the like, Barsenose being allowed to take six, Corpus Christi six, and Trinity twenty. 11 It is evident therefore that the first authorization by Statute and by practice, of the reception of independent non-eleemosynary members into the Colleges, sine onere et damno Collegiorum ad proyrias expensas is due to the Founder of this College. * Except perhaps All Souls. t This was a very small class, being the sons of nobles and the great landed proprietors, ‘ Dominorum, nobilium et valentium,’ who at that time were a very small number : the pauperes scholares being the sons of yeomen and others holding under these great proprietors, and the like. The two orders of Noblemen and Gentlemen-Commoners seem to have sprung from the first, Com- moners, Batellers, and Poor Scholars specifically, from the last. I As in the first Balliol Statutes, A.D. 1284. “ Habeant etiam Scholares nostri unum pauperem Scholarem per Procuratores nostros assignatum cui singulis diebus reliquias mens;e suse teneantur erogare, nisi procuratores nostri illud decreverint omittendum.” § E. g., the present Balliol Statutes, given by Pope Julius circa 1504, provide for the due regu- lation of any extranei admitted. The visitation to Oriel in Edward the Sixth’s time speaks of ‘ scolastici’ received within the walls, besides those on the foundation ; and so the present Exeter Statutes given in Queen Elizabeth’s reign. II The permission in the Brasenose Statutes is to receive “ vi. Filios et consanguineos nobilium. Et intelligimus per Filios nobilium, non quoscunque Filios sed hseredes nobilium, qui habent patri- monium, vel post mortem patrum habebant, patrimonium ad annuum valorem xl librarum aut promotionem aliquam ecclesi'asticam ad annuum valorem summse prmdicta), et filios Dominorum quoscunque legitime procreates.” Those of Corpus Christi allow “quatuor aut ad summum sex filiorum nobilium aut jure regni peritorum.” At Trinity are allowed two classes ; 1. Dominorum Filii aut Equitum auratorum Primogeniti ; and 2. those Dignitate inferiores to such. Of the two classes together twenty only may be admitted. Bp. Cooper’s interpretation of “ Filii nobilium et valentium personarum” is as follows ; “ Nobiles autem interpretamur vel equites auratosvel magni nominis et auctoritatis generosos viros qui Collegio in difficilioribus negotiis prodesse possint.” — Visitation of Magdalen College in 1585. L 2 He maj have adopted it from the custom of tlie monasteries, or more probably from that of the school of Winchester, where the terms under which license of similar admission is oranted are as follows : and it will be seen that the words specifyint^ the class to be admitted are identical with those used by the Founder. ^ Fermittimus tamen quod fil'd nohilium et valentium personarum dicti Collegii specialmm amicorum usque ad numerum decenarium infra idem Collegium in Gram- maticd instrui valeant, et etiam informari absque onere Colleg'ii supradicti. § I. Admission of extrane'i. (a) Tlie most important passage in the Statutes relating to the admission of extranei is the followimr. o I. De extraneis non introducendis ad onus Collegii, Deans Statutes, p. 108. Ward’s Trans., ih. forbidding with certain exceptions (as of those who had been Fellows, the friends of Fellows entertained at the expense of those Fellows, &c.) that extranei be introduced ad p)ernoctandum, the Statute continues, Permittinms tamen quod fitii nobitimn et vcdentmm qjersonarum dicti Colegii amicorum, usque ad nume- rum vicencirium ad pernoctmidum et ad communas sine onere vel damno ipsius Colegn ad expensasjmoprias vel amicorum, dummodo sub tutela et regimine creditorwn vulgariter creansers nuncupatorum cxtiterint, juxta discretionem Prcesidentis recipi qmssunt et admitti. Upon this the Committee have to make the following obseryations : 1. ^ That the passage seems to point not only to temporary occupation, but also to “ residence properly so called. 2. That it allows the residence of as many as, and not more than, twenty independent members at one time. 3. That such persons are to be the sons nohilium et valentium p>ersonarum. 4. I hat the persons so introduced might be styled “Commoners,” ad Lommfunas. 5 That it giyesa discretionary power to the President, juxta discretionem ii'cesidentis. The Committee are further of opinion ; n President may, on consideration of the circumstances of the Col ege, or for reasons relating to the individuals proposing themselves for admission, decline to accept the number prescribed, or any number of such persons. The expression being permittimus, not ordinamus et volumus. 7. That such discretionary power does not extend to the substituting of one class of persons for another class — persons who are not filii nohiliimi et valentium personarum for those who are. And consequently that to admit Commoners, not u filling the above conditions, or Poor Scholars with Exhibitions, in lieu of the other cto IS not within the_ discretion of tlio President, nor agreeable to the tenor of this Statute singly considered. 8. The only remaining point is whether such extranei should be received as mmmoners or (jentlemen-Commoners. The Statute plainly gives no direction on the subject. It is merely a question of e.xpediency. Here the College have to consider whether the Gentleman-Commoner system is not practically worn out. Whether the very idea of Gentleman-Commoner is not more or less connected with that of idleness and licence. Whether there is any demand in the country for such admission which it is desirable to meet. Whether sue 1 persons would not by example naturally create a tendency to expense amono’ the other members of a College, especially where their numbers would probably be comparatively small, and where they would not afford sufficient society to each other. ^ On the other hand it is urged that differences of rank are acknowledged in society at large,^ that birth and wealth will make themselves felt in the University that It IS most important that the University should not lose its hold on the hio-hm' or wealthier classes, that there are many in those classes willing to come to*^the University as Gentlemen-Commoners who otherwise perhaps would not come at all : that the objections on the score of extravagance and idleness may be met by a system of stricter discipline ; that the existence of a distinct class, like that of Gentlemen-Commoners, may be a protection to the student of limited means, a 77 tending to bring the richer class into less direct contact with the poorer. The Committee however are of opinion that some such regulations as the following are absolutely necessary if the order of Gentlemen-Oommoners is to be continued. The Committee therefore recommend 1. That a limit be imposed to the expenses of Gentlemen-Commoners in the buttery and kitchen. 2. That Gentlemen-Commoners at their matriculation be examined in one Greek and one Latin standard classic author with parsing, in arithmetic, and the first book of Euclid; that they be required to present themselves at the Responsions, and at the subsequent public examinations at the times appointed by the University Statute. 3. That exactly the same limits of Term and Vacation be assigned to the Gentlemen-Commoners as to the other undergraduate members, and that they be not allowed leave of absence during Term except for such reasons as would be allowed in the case of members on the Foundation. 4. That Gentlemen-Commoners be subject to the same discipline, as respects chapel, hall, gates, lectures, as the other members. The Committee therefore recommend that non-foundationers, being filii nohi- limn et valentium 'personarum, be permitted to matriculate, under this Statute, as Gentlemen-Commoners, subject to the foregoing regulations. (/3) But farther, considering that the Founder was the first, both by Statute and by practice, to introduce independent members within the walls of a College, and the extent to which he has permitted that introduction ; considering also the very comprehensive character of his foundation and the evidences of his desire to assist education by every practicable means, and his great zeal for promoting the increase of learning as declared in his Statutes : considering again, that all the other Colleges but one, whose Statutes contemplated no such admission, have thought it just and expedient to receive those independent members, and that otlier Colleges whose Statutes, after the example of this College, granted a limited permission of this nature, have felt themselves justified in extending that limit as their means and the demand increased; the Committee recommend to the College, beyond and irre- spective of the conditions required by the Statute above cited, namely, as to number and quality (the numerus vicenarius and filii nohili um et valentium 'personarum) , to admit into the College as Commoners any fit persons, who may desire to be so received, whose maintenance will be wholly sine onere et darnno Collegii ad expensas pi'oprias. They therefore recommend the College to take means for rendering what rooms the College has at its disposal, not required for any other of its memb^ers, available for this purpose. (7) Farther, the Committee unanimously recommend to the College to provide for the reception of a considerable number of Undergraduates, corresponding to the class of Poor Scholars, that is to say, of Commoners whose education shall be conducted upon the strictest system of economy. They suggest that there is abundant justification for this in the history of the College. Since although there is no specific provision for such a class in the Statutes of the College, it is certain that during the Founder’s lifetime* thirteen such were maintained in the College, probably by the thirteen senior Fellows, also that there were allowances made for the support of such servientes by Noblemen and others ; after the Founder’s death authority was repeatedly given by Visitors to maintain such Pauperes Scholares, or Servientes, the number varying greatly at different periods. There is also evidence of the continued existence of such a class in the College down to 1667. In 1612 there were seventy-six such in residence, and in 1636 sixty-six. The Committee believe also that such a scheme as they recommend is most, entirely in accordance with the spirit of the Statutes, that it will be a great defence- to the College against attacks from without by proving its greater utility, and giving a new class of persons a deep interest in its welfare. For it seems now to be universally confessed that the great want of the Church and of the country in general is that an Academical Education should be placed within the reach of the middle classes of society, the small amount of whose incomes * Vid. Appendix A. 78 wholly excludes their children, while the expense of maintaining an Undergraduate is so great, and what is worse, so indefinite, from the benefits of such an education. Almost every Bishop has at different times declared the pressing necessity that a larger number of educated clergy be forthcoming ; that otherwise the evils caused by a rapidly increasing and neglected population are not to be avoided ; and as a matter of fact, the want is so urgent, that almost every ordination list shews that isters are sought foi from every possible source, and therefore that unless some resolute effort be made to place an University education within the reach of those of smaller means, the danger is imminent which must be caused by an untrained and uneducated clergy. Ihe same need is evidenced by the different means vdiereby a remedy has been sought in almost every diocese, by the continual suggestions made for the purpose in Parliament and elsewhere, and by the well-known memorial to the Board of Heads of Houses and Proctors upon the subject by many of the most influential persons in the kingdom, and of very different shades of opinion, a short time ago.'"" Nor are the vastly increasing demands of the Colonial Church to be forgotten, and the great peril that an extension so vigorously begun may be seriously impeded by the want of clergy, as indeed the actual hindrance to its more efficient working is far more want of men than of money ; and though ultimately the Colonial Church would support itself, yet at present the supply must be from England. And it may seem that this supply would best be drawn from those active and practical ranks, who are neither by their birth or circumstances accustomed to luxury and self-indulgence, and whose education in Oxford has been conducted upon a strict self-denying system of economy and industry. Again, to take mere academical grounds, it is evident tliat Oxford, which was in- tended to educate all ranks alike, to include the rich and the poor without distinction, and so to direct the general intellectual activity of the nation, has now, contrary to its very idea and to its actual history for centuries, ceased to educate the middle classes, on whose affections it has in consequence no hold, while yet they are in the circumstances of the country perhaps the most powerful class in the kingdom. Oxford at present educates about 1200 only out of a population of nearly twenty millions. During the last three centuries, while the population of the country has increased fivefold, the number of students in this University very considerably decreased ;f nor can this number be increased by a, mere extension of the present system. For the last two centuries and a half (since 1624) there has but one attempt been made in Oxford to meet the continually increasing demands of the nation, or the numbers of the population, or their still more rapidly increasing intellectual activity. It is urged, that except by some such plan as this which the Committee recommend, (and all that has of late years been said or written on the subject points the same way,) this demand cannot be met, or the due influence of the University recovered over the middle class in England, over which from the peculiar absence of any source of moral training in their position and circumstances, more perhaps than any other, would the working of Oxford associations and a Christian education in such a place be more advantageously exerted. This plan then, which endeavours to provide for the education of the middle classes, and that not with reference to a Clerical life only, but for the other various branches of professional labour, is no departure from the spirit of the Statutes of the College, nor from the practice as authorized by the Founder himself, nor yet from the principles upon which the whole University was founded ; but an attempt made to meet the great demand so earnestly pressed upon the Universities, and to educate upon Christian principles, and so to influence to good and secure in allegiance to the Church, the strong active intellect of those classes which otherwise will and must seek, in other systems disunited from the Church, or even from all religion whatever, the education denied them by the Universities. And it wmuld be greatly to the honour of this College, if it should do what others are but talking of ; and as most surely it possesses the means of doing so, in a singular and eminent degree beyond any other College in the University, it becomes a very real duty for h to do its part in striving to supply the great needs of the Church and the Christian faith in the Vid. Appendix C. t The whole number of residents in Oxford now averages about 1500. The census of 1843 gave 18,720,394 for the population of England and Wales. In 1612 there were in all the University 2920 ; vid. Appendix A. In 1603 the number of persons in the kingdom of legal age to communicate was 2,065,498. 79 Empire, and “to restore the intellectual sway of the University, and enlarge its extent, till it again overtakes the vigorous and energetic people, which for a time has outstripped its care.” Now the main principle upon which such Education is to be conducted must be that industry and economy he the rule of the body, and in consequence that idle- ness 'persisted in, and extravagance of any kind necessarily cause removal, as violating the primary and fundamental condition of 'membership. On the first point, idleness, it seems necessary to make no observation ; of the second, that of expense within or without the walls, the Committee recommend to the College the following plan : — First. That the building allotted to receive such Undergraduates should form a constituent part of the College, that is to say, should not be a distinct and separate Hall in connection with, but an integral part of the College itself ; having access (by night) through the great gate of the College only. This will avoid any necessity whatever for referring the plan to the authorities of the University, the College being entirely able to carry it out by its own power and from its own resources. It will render the College a complete whole, providing within itself for the education of all ranks, rich and poor, to an extent commensurate with its great capacity ; and so present to the external world the sure evidence that it is acting according to tlie full spirit of tlie Statutes, and striving to meet, so far as lies in its power, the wants and necessities of the time. No such close connection could possibly be kept up with an affiliated Hall, even if any connection at all could be very long maintained. But secondly, it seems impossible to receive such Poor Scholars in such sense as part of the College, that they should use the same dining hall, and be under the same Officers, Tutors, and Deans, as the other members of the College, Demies, Gentlemen-Commoners, and Commoners. For a system of strict and rigid economy can hardly be carried out as a part of, or at least mixed up with a system allowino- more latitude ; because frugality in the Poor Scholars must be compulsory, not merely encouraged ; and it can only add new difficulty, to have such brought into continual and unnecessary contact with a larger rule, and so into temptation ; for it is not probable that they would do good to those on a freer system, but rather them- selves receive harm. Add to which, the domestic character of supervision and continual intermixture with, and guidance of such a class as is an integral part of the idea of such an Institution cannot be carried on unless all the Students be together under the eye of those over them, and not scattered about among others not under such direction. Moreover it is necessary that the meals of all such students should be in common : in the first place to relieve the necessity of extra servants, and so to cut off a very positive expense ; and in the second, by stopping all breakfast and other parties in private rooms, absolutely securing them from the various expenses so entailed add to which very great regularity of habits is secured by such a system. It wmuld not be well that the existing College hall should be open for the breakfast and tea of part of the members of the College only, for such distinctions are evil — nor indeed would the hall hold such a number in addition to the other residents in Colleo-e, if their dinner hour was the same. It is therefore advised that a dining hall form part of the quadrangle built for their reception. The Committee are of opinion that it is very desirable that all members of the College should use the same chapel, and therefore that means should be taken to accommodate the increase of members within the chapel and the ante-chapel. Lastly, they propose that accommodation should be provided for s'iaitij such Undergraduates, as that number without being too large for the supervision of those over them, is great enough for mutual self-protection ; and the education of fifteen persons at least a year, would be of real avail towards meeting the demand above mentioned. On these general principles they recommend the following details. First, as to the Building. That a separate Quadrangle be erected, to be a part of the College, having access (at night) only by the great gate of the College. They propose that this Quadrangle should contain rooms for sixty Undergraduates, each Undergraduate having (as is the case in the Demies’ room in the new buildings) one room only, with the bed in a recess. A room would be required for the porter, a room for the servants in general, a buttery, kitchen, also a residence for the Vicegerent, and two sets of rooms in different parts of the buildings for the assistant Tutors ; and lastly, a room for a Library for the use of the Undergraduates. 80 They consider it advisable that if it should be found, as the Committee are inclined to believe, that the angle towards the High-street and Long Wall be found the most eligible site, the School-room should form the Hall of the new buildings, another School-room being provided elsevLere ; the New Building Fund making good to Dr. Sheppard’s bequest the money expended on the present room. They therefore recommend that a competent architect be directed to furnish a plan for the building on Avhat may appear the most commodious site between St. John’s Quadrangle and Long Wall, and that he be directed to include in his plan whatever new buildings are likely to be required, as new President’s Lodgings, stable, and a School-room, if the site of the proposed Quadrangle should render that necessary. J'he Committee submit, that it would be by no means necessary to erect all these buildings at once, but that it would much contribute to the harmony and con- venience of the general design, if the whole were formed at one time, and all the buildings hereafter erected were included in the architect’s plan. They recommend the whole superintendence of such Students and all discipline to be committed to a Vicegerent of the buildings, who shall be appointed by the President of the College in the same manner and on the same terms as the School- master is at present ; that is to say, “ that he be alike appointed and removed by the President ; that when he is going to withdraw from his office, he give the President si.x months’ warning of his retirement, and if he should be found by the President inadequate to the performance of his office, or blameable in moral conduct, he sliall be removable from his office by the President,” having appeal, as in similar- case a Fellow of the College would have, to the Visitor. Tliey recommend also, that as is the case Avith the Schoolmaster, no bar should be placed to his marrying, in order to secure that permanence Avhich seems so neces- sary to the well carrying on of the system. Also that he should be thirty years of age at least before he is appointed ; that he should be at the time of his appoint- ment a FelloAv of the College ; that should he marry, yet after having continued in office for tAventy years, he should have the option of all livings that may become vacant in his turn, being placed in the same position he Avould liave held had lie not married. They consider that the danger Avill thus be best avoided both of frequent change, of insufficient age and position for the character of the supervision required, and lastly, of continuance in the office beyond the period A\dien its various duties can be adequately discharged. The whole moral and spiritual discipline of the body would be entrusted to him ; he would also have the management of all the accounts, and, as Avill presently be specified, be Tutor to these Students. Also he should, as well as the assistant Tutors, as far as possible, take his meals in the hall, at the same time as the Students ; one of the three at least being always present. Secondly, as aid to the Vicegerent, two assistant Tutors to be appointed by the President from among the FelloAvs or Demies of the College, their office being to give lectures, and aid the Vicegerent in keeping discipline, and in his other duties, being required to reside in the buildings, holding their office only so long as they remain on the foundation, and on the same tenure as the College Tutors at present do. The rules of discipline Avhich seem necessary to specify, have been already stated. (1.) That all meals whatever be in common. (2.) That idleness persisted in, or extravagance of whatever kind after warning, constitute ipso facto, a bar to the continuance of such delinquent in the College. The minor rules of discipline which these Avould necessitate, may be left to the judgment of the Vicegerent. The appointment and direction of the servants should be in all respects in the hands of the Vicegerent. The TUITION of the Students Avould be thus supplied. (1.) The classical and theological lectures (as required for the several University examinations) by the Vicegerent and one assistant Tutor; the mathematical lectures by the other assistant Tutor, who Avould also aid in the classical lectures. (2.) They would attend the lectures of the Prielectors, and those of the Lecturer in Modern History, which Avould thus be common to all Members of the College Avhatever. The Committee are of opinion that with this assistance of the Prselectors, this 81 number of Tutors will be able to keep down very much the necessity of the aid of private Tutors to Undergraduates under their charge, as such need can be in a great degree obviated, by multiplying the lectures according to tlie various acquirements and powers of the Students. Tiie Vicegerent or Tutors might make any arrangement as to lectures for their mutual convenience and assistance with the Tutors of the College. As to their expenses, all might be met by a terminal payment of £20, (Easter and Act term counting as one,) or of £60 per annum. Of this sum £1 ayearor thereabouts is required for University dues, £l6.16s. per annum for tuition, leaving a sum of £42 per annum as payment for all battels, charge of sei-vants, furnished rooms, &c. Now as this includes all possible necessary expenses, except washing, clothes, books, and travelling, and as the system of meals and other regulations (such as exclusion of wine, &c.) prevent so many sources of expense, this becomes a bond fide statement of the cost of maintaining an Undergraduate in Oxford, and it seems plain that the whole expenses of a Student, of whatever kind, would be within £100, or rather, as expense within the walls is impossible, and any extravagance without the walls would be stopped at once and peremptorily, they could not exceed that amount. There must be a caution-money paid to the amount of £20, wdiich would cover the defalcation of any one term, being returned without deduction on leaving the University. The belief that the sum of £42 for each Undergraduate in residence will abundantly cover all out-goings, is confirmed by the result of the actual expenditure of a foundation in the University of Durham similar to this now proposed. The expenditure at Bishop Hatfield’s Hall, for the year from Oct., 1S49, to Oct., 1850, including all house e.xpenses, repairs, keep and wages, of servants, coals, rates, and taxes, &c., amounted to £1362 4s. 6d. for forty-eight Undergraduates, there being also no charge for any of the above items made to the Principle and two Censors ; this gives an expense of £28 or £29 each. This left a margin of £598. 8s, Now for a hall as large as the Committee propose, namely, sixty Undergraduates, three officers, and the necessary servants, the same proportion would make the whole cost £1,700. If twenty per cent, be added for any difference in provisions and servants’ wages between Oxford and Durham, and for the certain difference of coals, the cost will then be £2040, but the sum received from the Students on the same score would be £2520, leaving a margin of near £500 a year. Thr New Building Fund might supply whatever sum was required for erecting this Quadrangle. Secondly, to avoid the expense of furniture, which adds so much to the necessary expenses at first sending an Undergraduate to the University, and the opportunity thereby given to be extravagant or self-indulgent, they recommend that the rooms be furnished throughout by the College plainly and uniformly. This might be done well for about £30 a room. There would therefore be required for sixty rooms a sum of £1800, to which must be added a further sum for servants’ rooms and kitchen and hall. This sum the Committee recommend to be supplied, upon any arrangement that may seem expedient, from Mrs. Sheppard’s bequest. The revenue of the buildings would of course be charged with the maintenance of furniture and the usual tenant’s repairs. Exhibitions. In order to carry out the proposed object not negatively only, by preventing expense and securing economy, but by a positive assistance, the Committee unani- mously recommend to the College to devote to the aid of such Students the following sums : — (1.) £500 a year to be voted from the common revenue of the College. (2.) £500 a year from Mrs. Sheppard’s bequest. This sum of £1000 a year they recommend to be applied as follows, calculating residence for four years. (1.) Four Bible-Clerkships of £80 a year each, one to be vacant each year, supplying thereby to four persons at a time almost all their possible necessary expenses within and without the University. They recommend the appointment to these to be in the hands of the President, and that regard should be especially had to such as being of good character are in no wise able to bear even part of the expense of their education. (2.) Eight Scholarships of 50/. annual value, tenable for four years, two to be M 82 vacant every year. To be open to competition to any persons who have not yet come into residence. Candidates to be subject to the usual Scholarship examination, and to present the usual testimonials of good character. One of these every alter- nate year to be a Matbematical Scholarship ; not, however, to be given unless a fail- amount of Mathematical knowledge be shewn ; such Classical proficiency beino- farther required, as would suffice for the examination for a common Degree. The Examiners, three Masters of Arts at the least, to be appointed by the President of the College. -D-i Fourteen Exhibitions of 20/. for one year only, to which those holding Bible-Clerkships or Scholarships shall not be eligible. These to be in the gift of the Vicegeient of the Hall, especial regard being paid to straitened circumstances, good conduct, and industry. The result would be, that when all were full, payments would be made each year. 1. To four Bible-Clerks, 320/. ; 2. eight Scholars, 400/. ; 3. fourteen Exhibitioners, 280/ They recommend that the amount of any of these Scholarships, or Bible-Clerk- ships, or Exhibitions not filled up, and also such sums as can be supplied by the surplus fiorn the general account of the buildings, should be devoted to form a fund for the purchase of such books as are most necessary and useful to the Uuder- giaduates, as expensive books of reference and such classical writers in any lano'uao’e as may be most expedient. The Library would be under the immediate control of the Vicegerent. Lastly, foi the incoiiiB of the ~Vicegerent and Tutovs they recommend that of the £16. 165. devoted from the sum paid by each Undergraduate to the Tuition fees, £10. IO5. per annum be paid to the Vicegerent, making his income, if the Hall be full, 600 guineas a year. The remaining £6. 65. to go to the assistant Tutors. ^ Ihe Classical Tutor receiving £3. 135. bV/. from each Undergraduate, or 210 guineas a year; and the Mathematical Tutors £2. 125. 6^/., or 150 guineas; as these last would be Fellows of the College, this sum seems amply suj0&cient. The Vicegerent and lutors would also be liable to no charge for battels ; their meals, coals, and servants being supplied free of expense. The Committee propose to secure to the Vicegerent £400 a year, and to the Tutors £100, and £80 respectively. These sums to be deducted from the £1000 voted by the College, with this proviso, that the sums allotted to the open Scholar- ships be left untouched. At first, before the Clerkships, &c., were full, the surplus would easily supply this ; and afterwards, as rather more than half the proposed numbei of Students (viz, 34) would supply these sums, it seems very improbable that any such call would be made. This plan also makes the income of both Vicegeregents and Tutors dejDend upon the success of the scheme, and so gives some guarantee for its efficient working. It may be remarked, that Undergraduates received on this system could only wear the usual Commoners’ dress ; they would form in no external respect a distinct caste, being Members of the University and of the College just as much as any Undergraduate whatever. § II. Election of Demies. With regard to the mode of electing Demies, the Statute directs: Ille pro electo haheatur, in quern PrcBsidens Vice-Prcesidens et tres Decani, vel Frcesi- dens et alii duo dictorum eligentium consenserint. The practical working of the present system, on which Demies are nominated, is so well understood, that the Committee feel they need not do more than quote the injunction of the Visitor (Bishop Cooper) in 1585. It is found in an appendix to the copy of the Statutes kept by the senior Dean of Arts. Bishop Cooper enjoins, ut electores omnes in commune consulant de schola- ribus eligendis, et is qjro electo haheatur, in quern vel omnes consenserint, vel duo saltern alii electores cum proesidente, nec qmsthac discerpant et distrahant suffragia sua, ita ut per gratiam liceat cuique quem '^ voluerit, sud quasi vice recurrente nominare. Qua ratio longissime ahest a semu et animo Fundatoris, et electionis integritatem corrumpit et contctminat. The Committee recommend that each Demy be elected by the votes of all the electors taken in order, or by the votes of the majority (the President being in the majority) ; and that the present practice of nominating Demies be discontinued. 83 The principal qualifications for Demyships mentioned in the Statutes, _ are that the parties should be pauperes, honis morihus et conditionihus 2 )erornati, ad stu- dendum et ad realiter 'proficiendmn hahiles et idonei. The Committee suggest that (due regard being had to the other statutable qualifications of poverty and good morals) the proficiency of Candidates for Demy- ships be tested by a stricter examination. Greek and Latin composition in prose and verse, translations from Greek and Latin authors into English on paper, might (they think) be fairly required in the present day from Candidates for Demyships in addition to that which is now expected from them. Should time permit, a paper of historical questions may also be set. § III. Pej:lectoeships. Theee Prselectorships were appointed by the Founder, to promote the diligent, profound, and assiduous instruction, not only of the scholars and fellows of our colleo-e aforesaid, but also of all and singular other students.” (Translation, p. 84.)^ \he Statute further directs that “ two of tliese [tlie Prmlectors namely in Natural and Moral Philosophy] are to be Masters of Arts ” The present practice of the College does not allow any person with a degree superior to that of Master of Arts to be elected to either of tlie Praelectorships in Philosophy, though he may immediately after his election proceed to the superior degree, and still retain the office of Pi-mlector. The Committee are of opinion that the term “ Masters of Arts” maybe fairly interpreted “Masters of Arts at consequently that a person with a superior degree is eligible to the office of Pnelector.'''' Fori. The superior degree does not make void the lower degree. Thus a Bachelor of Divinity votes in Convocation as a Master of Arts. 2. In the election of the Deans of Arts, the higher degree is expressly excluded ; “ Of these Deans, two are to bo Masters of Arts, . . . but not Graduates in Iheo- logy,” (p. 40,) No such exclusion is mentioned in the election of Prselector. ’ 3. If the Praelector is to bo a Master of Arts and no more, why is he allowed to take a higher degree at alH Tli 0 Coniiiiittee are of opinion that the Pi'S 0 lector of Moral Philosophy may bo most usefully employed, in delivering lectures to Students during their third and fourth years, who may by this arrangement bO spared the expense of a private Tutor. They recommend accordingly that the Praelector in Moral Philosophy shall have a stipend of 50/. a year, and that he shall give professorial lectures in that subject twice a week during the usual College term. A Tutor may be elected to this Prmlectorship, but in that case his praelectorial lectures must be over and above his tutorial lectures. The study of the physical sciences has so recently been adopted as part of the University system of education, that it is not easy to determine in what way the Prmlector of Natural Philosophy will best meet the requirements of the Statute. On the whole, the Committe recommend that the Prmlector of Natural Pliilosophy shall have a stipend of 50/. a year ; that he shall lecture twice a week during the usual College term, with the special view (for the present) of preparing Students for the public examinations. Should the number of Students in this branch of philosophy increase, it might be for the College to consider whether a lutoi should be appointed to teach the more elementary parts of the subject ; in this case the Pi’celector would hold a place strictly analogous to that of the Prselector in Moial Philosophy.! The Committee are of opinion that the Praelector of Theology may be most usefully employed in superintending the theological studies of the more advanced Students those (for example) who have passed their examination for the degree of Bachelor of Arts. The want of some such means of instruction is attested by the esta- blishment (comparatively recent) of theological Colleges at Wells and Chicester. Why should not the College supply to its members the means of sound theological instruc- tion, in the very place where the best libraries are at hand, and where there are many advantages not easily procured elsewhere ? The Committee then recommend that the Prselector of Theology shall have a stipend of 100/. a year in lieu of all Vide Appendix D. • i o • i t The Conmuttee are glad to take this opportunity of communicating to the bociety, tliat Dr. Daubeney has announced his intention of founding a Scholarship in Physical Science.^ dhey are persuaded that the College will duly appreciate so handsome an offer made by one of its most distinguished members. M 2 84 shall lecture three times a week clurino- the usual College terms to those who have passed the final public examination for the hotj^^'orders^''^'^ especial purpose of preparing candidates for The establishment of the Praelectors on the proposed scheme would it is Dleir^l’p^''? ^ |of the daj. It would also fully com- educational systeni of the College. The restoration of the Grammar school pi ov ides for the early training of boys. The Tutorial and Prmlectorial SicT\t%\e T their Undergraduate resi- iWHni University. The Piudector in Theology may dischai^e that most impo tai t office of superintending the Theological studies of those, who having satis- fied the University standard of proficiency for the Degree of Bachelor of Artl may Mintstr™''' devoting their time and attention to preparing themselves for the itqplff^^^^ College at its disposal for furnishing (in Oxford tself) a sound, scho ar-like, Christian education from first to last. In this respect § IV. Discipline. Ihe moral and spiritual superintendence of the Undergraduate Members is bv tlie practice of the College placed in the hands of the acting Dean of Arts. The Committee are of opinion that the present system is open to very serious objections, the acting Dean of Arts holds his office but for half a year at a time. Thus there IS anger of perpetual change in the mode of administering the office, variations and relaxations are apt to creep in, and the discipline to become graduallv lowered. It must be obvious moreover that an officer (however excellent) has hardly time in the net interval of six months to obtain that personal knowledge of individual cJiaracter, and that general moral influence which are so necessary to an efficient discharge of his office. The Committee are extremely desirous not to be thouo-ht to cast any imputation on those who are or have been officers of the College ; they only wish to call attention to certain evils inherent in the system, evils which many haye pointed out, and probably all have felt. ^ • pf remedy, the Committee earnestly recommend that the moral and spiritual discipline of the Undergraduates should be confided to one who is peimanently resident, and not obliged to vacate his office at the close of the year. +1 person to exercise moral control would seem to be one of the Tutors of e tollege, whose office is not annual, and who being brought continually into contact with the junior members, is more likely to be acquainted with their general character, and with the particulars of their conduct from first to last. On the other lianci, the Statutes certainly do commit “the care and goyeriiment of the Scholars anu bellows in subordination to the President as his coadjutors, that is to say touching their proficiency ill scholastic study and reputable manners” to the three cans “ But may not one Tutor be annually elected to one of these three Deanships . to the Deanship of Divinity if he be a B.D., to one of the Deanships of 1 s if he be aiiM.A. ? He might then, consistently with the Statutes and the practice ol the College, have the moral control of his pupils, and would thus be ni ^ 1 ^ lecturer merely. The office ot Ciiaplain at the early and evening prayers might be discharged by the Dean of Alts as at present, as also the presentation for degrees. The Committee accordino-ly recommend that one of the Tutors should be annually elected to one of the three eanslnps, that (subject to the President, or in his absence the Vice-President) he s ould have the moral and spiritual superintendence of all the Undergraduate membeis ; and the control of their kitchen and buttery expenses. The existence of an Undergraduate Common-room appears to the Committee to be a temptation to expense and idleness ; they therefore recommend that the Demies’ and Gentlemen-Commoners’ Common-rooms be closed within two years from the present time. Ihe late change in the Public Examinations of the University, renders it desirable that some alteration should be made in the cycle of terminal examinations, le tetudents experience some difficulty in preparing for their lectures, terminal *■ Trans., p. 40. 85 examinations, and public examinations. It is proposed to make the terminal examinations a connecting link between the College lectures and the University examinations ; the lectures having been purposely arranged to meet as much as possible the requirements of the University. The Committee recommend, that at the terminal examinations the Undergraduate members be examined in the books and subjects of the lectures which they have attended during term. This regulation, however, is not intended to interfere with the present arrangement of terminal examinations for Students after their twelfth term. The Committee are also of opinion that those who have attended the lectures of the Praelector in Theology should be examined at the end of each term in the subjects of their lectures, and that the Prmlector in Theology should attend at the terminal examination for the purpose of testing their proficiency. The recommendations of the Committee are therefore briefly as follows : (1.) That non-foundationers, being filii nohilium et valentium personarum, be permitted to matriculate under the provisions of the Statute cited p. 7, as Gentlemen-Commoners under the regulations specified in p. 10. (2.) Beyond, and irrespective of the provisions of the same Statute, to admit into the College as Commoners any fit persons who may desire to be so received, and whose maintenance will be wPolly sine onere et damno Collegii ad expensas proprias. (3.) To provide for the reception of a class of Commoners corresponding to the Poor Scholars, under such rules of discipline as are declared, pp. 21, 22, and under such expenses as are specified, p. 23. (a.) For this purpose to build a separate Quadrangle (with a dining hall) capable of containing sixty such Students, with other rooms, as stated, p. 19. The architect to supply such a plan as is described in the same page. (/3.) To devote for purposes of Exhibitions and Scholarships for such Students, to be applied as stated, p. 25 ; 500^. per annum from the common revenue of the College, and 500/. from Dr. Sheppard’s bequest. (7.) To put these Students under the superintendence of a Vicegerent and two Tutors, appointed on conditions described in pp. 20, 21, and paid as stated p. 27 . (4.) That the present system of nomination toDemyships be discontinued, and that due regard being had to the other statutable qualifications of poverty and good morals, the proficiency of candidates be tested by a stricter examination. (5.) (a.) That the Pra.dectors of Moral and of Natural Philosophy receive each 50/. a year, giving lectures twice a week during College Term. (/3.) That the Professor of Theology have a stipend of 100/. a year, and lecture three times a week during College Term, to all who have passed the final examination. (6.) That one of the Tutors should annually be elected to one of the three Deanships, and that subject to the President, or, in his absence, the Vice-President, he should have the moral and spiritual superintendence of all the Undergraduate Members, and the control of their kitchen and buttery expenses. (7.) That the Demies’ and Gentlemen-Commoners’ Common-Rooms be closed within two years from the present time. (8.) That at the Terminal Examinations Undergraduates under thirteen terms standing be examined in the books in which they have been lectured during the term. ANDREW EDWARDS. FREDERIC BULLEY. JAMES BOWLING MOZLEY. EDWARD HALIFAX HANSELL. WILLIAM GEORGE HENDERSON. Magdalen College, March 21 th. 86 - APPENDIX A. The following facts relative to tlie admission of extranei to the College have been furnished by Dr. Bloxam. The founder died in 1486. The first two paragraphs, therefore, shew the praetice of the College during his lifetime. (1.) In 1483 — 4. There Avere allocations received from eertain noblemen for the maintenance of three Poor Seholars or Exhibitioners. V. Libri Computi for that year. (2.) In 1485. From the Impropriatio Selborne. “Part of the College of Magd. dicit. allegat. and in his ‘ Scriptis propon.it,’ ” &;c. ‘‘Imprimis, that said College consists of a president and eighty (sic) scholars besides sixteen choristers, thirteen servientes inibi altissimo famulantibus,^’ ^c. (3.) In 1585. There is an injunction of Bishop Cooper to reduce the inutilis et Collegio nimis onerosus numerus to thirteen, allowing one to each of the thirteen seniors. (4.) In 1595. There are three College orders: (1) That the number of poor schollers be limited, and that none shall receive almes at the gate but such as shall be admitted and keepe the Schoole, or exercice or disputa- tions in Logieke. (2) That no fellow, chaplaine, or other in the House, shall have any attending on him save such as be admitted for poor schollers, except the thirteen seniors only. (3) That every fellow or other person within the House who haA^e any schollers or strangers in their chambers or upper chambers shall pay for the glazing of such chambers at the cost and charge of their schollers or strangers. (5) Many Noblemen are mentioned in Wood’s Fasti during the reign of Elizabeth as taking their degree from this College. (6.) The folloAving extracts are from “ An exact account of the whole number of Scholars and Students in the University of Oxford taken Anno 1612 in the Long- Vacation.” Gutch, Collectanea Cvriosa, i. 197, from the MS. in the Bodleian. Magdalen College. Praeses .... . 1 Socii .... . 40 Famuli .... . 6 Capellani .... . 4 Clerici .... . 8 Philosophise Lectores et alii Officiarii . 9 Servi .... . 20 Demies .... . 30 Communarii . 24 Ludimagistri . 2 Choristse .... . 16 Battellatores . 10 Servientes et Pauperes Scholares . . 76 246 Whole number Of these the of Scholars and Pauperes Students in Scholares each College. were Hides Christi . 240 . 41 Magdalen Coll. . 246 . 76 New Coll. . 130 . 18 Brasenose . 227 . 17 University . 72 . 19 Merton . 93 . 29 Queen’s . 267 . 11 All Souls . 93 . 31 Exon . 206 . 37 S. John’s . 128 . 20 Lincoln . 109 . 27 Balliol . 127 . 22 Trinity . 116 . 31 Jesus . 91 . 22 c. c. c. 94 . 19 Aula S. M. . 48 Magd . . 161 Edm. . . 47 Latarum Portarum (Pembroke) . 131 Glocestri . 62 Albani . 52 CerAina . 71 Nov. Hosp. . 30 29.20 (7.) In 1636 there were the following Pauper es Scholares in this College : 28 each attending on some one Eellow. 4 on four Chaplains 1 on the Organist 1 on the Schoolmaster. 11 on the Communarii. 11 on the alms-basket. 10 others. 66 (8.) In 1639 there were 150 beds in the College besides those in the President’s lodging. From an inventory of furniture in the different chambers, preserved in the Bursary. (9.) In 1665 there is an injunction by Bishop Morley allowing to all Doctors, M.A.’s, and B.C.L.’s, alere pauperes scholares nomine servientium propjriis sumptibus. (10.) In 1667, Antony Wood, Annals, p. 311, mention is made of the stinting of the Poor Scholars supported by the alms. APPENDIX B. These two following extracts from the Statues also relate to the reception of extranei. II. DE DISPOSITIONE CAMEIIARUM, p. 131. DEANS’ STATUTES. The chambers first allotted and their furniture specified ; the Statute continues ac quod in illis et aliis quibuscunque cameris nostri Collegii Socii Scholares Capellani Demyes Clerici Choristce Communarii et qucscumpie j^ersonce nostri Collegii et eidem pertinentes locentur et ponantiir secundum discretionem et arbitrium Preesidentis cujus Deputationi et assignationi volumus stari et obtemperari Cameram angularum superiorem^ versus orientem el Boreum et aliam cameram superiorem sibi contiguam ex parte occidentalli infra Quadratam jmeedictam pro Filiis Dominorum et aliis personis secundum discretionem Preesidentis ibidem locandis Permittimus tamen quod in dictis duabus cameris superiorilms reservatis in absentia Filiorem dominorum et usque ad adventum eorundem secundum deputationem et discretionem Preesidentis Socii Scholares secundum formam qweedictum (sc. of beds, &c.) locentur. III. DE MENSIS PREESIDENTIS SOCIORUM ET SCHOLARIUM ET DE MODO SEDENDI IN EiSDEM, p. 89, p. 30 trans. Item statuimus ordinamus et volumus quod ad capitalem seu principalem ^ mensam aulae Collegii nostri preedicti in medio vel prope medium ejusdem sedeat Vice Prasidens et Lector S. Theologies secum ad unum et idem ferculum nisi supervenientibus Filiis Dominorum com- mensalibus, vel extraneis aliud Prexsidenti videatur expedire . . . after having specified the order of sitting at the other tables .... Per preemissa nullatenus prohibere intendimus quin extranei in Collegia supra dicta loca et sedes habeant et obtineant ad omnes mensas praidictas eis congruentia secundum discretionem Pr(Bsidentis seu ipso absents Vice Preesidentis: habito respectu debito ad status. In the first passage where the Communarii are opposed to the Filii Dominorum, it seems uncertain whether there are two classes of the Filii nobilium et valentium personarum, admitted by the clause cited above, p. 7, or whether Filii Dominorum is equivalent to Filii nobilium et valentium personarum, the Communarii forming a new class. From the last extract it will be seen that the President has authority to permit strano-ers to acquire the right to dine in the Hall, and to assign them places according to their rank. The Filii Dominorum having, as in the Statute De Cameris, peculiar privileges given them. , i These two Statutes ivould seem at least to imply considerable latitude in the power of the President with regard to the admission of extranei. APPENDIX 0. COPY OF A MEMORIAL ADDRESSED TO THE BOARD OF HEADS OF HOUSES AND PROCTORS IN 1845. “ Considerable efforts have lately been made in this country for the diffusion of civil and spiritual knowledge, whether at home or abroad. Schools have been instituted for the lower and middle classes. Churches built and endowed. Missionary Societies established, further schools founded, as at Marlborough and Fleetwood, for the sons of poor clergy and others- and again, associations for the provision of additional ministers. But between these schools on the one hand, and on the other the ministry which requires to be augmented, there is a chasm which needs to be filled. Our Universities take up education where our schools leave it, yet no one can say that they have been strengthened or extended, whether for clergy or for laity, in proportion to the growing population of the country, its increasing empire, or deepening responsibihties. 88 “ We are anxious to sugo;est that the link ■which ■we find thus missing in the chain of improvement should be supplied hy rendering academical education accessible to the sons of parents whose incomes are too narrow for the scale of expenditiu’e at present prevaihng among the junior members of the University of Oxford, and that this should be done through the addition of new departments to existing colleges; or, if necessary, by the foundation new coUegiate bodies. We have learned, on what we consider unquestionable information, that in such institutions, if the furniture were provided hy the college, and public meals alone were permitted, to the entire exclusion of private entertainments in the rooms of the students, the annual college payments, for board, lodging, and tuition, might be reduced to 60/. at most; and that if frugality were enforced as the condition of membership, the Student’s entire expenditure might be brought within the compass of 80/. yearly. “ If such a plan of improvement be entertained by the authorities of Oxford, the details of its exeeution would remain to be considered. On these we do not venture to enter, but desire to record our readiness, whenever the matter may proceed fiu'ther, to aid by our personal exertions or pecuniarj^ contributions, in the promotion of a design which the exigencies of the country so clearly seem to require. “ Sandon Ashley II. Grosvenor W. E. Gladstone T. D. Acland Ph. Pusey T. H. S. Sotherton Westminster Carnarvon T. D. Acland, Bart. W. Bramston Lincoln Sidney Herbert Canning Mahon W. B. Baring J. NicoU, Judge- Advocate APPENDIX D. Since the Report was printed, the Committee have received from Dr. Bloxam the following passage from a decision of Bishop Morley, as Visitor, respecting the Prai- lectorsliip : — I, as a,ppointed hy your Founder to be the unquestionable interpreter of all dubious expressions in his Statutes, do hereby declare that when your Founder saith that his ;^aders in Philosophy shall be Artium Magistri, his meaning is that they shall be Artium Magistn at least, or not under the degree of Masters, and not that they shall be Artium Magistri and no more,” &c. — Decision, dated Aug. 6, 1671. J. James Sir R. Gljnme J. E. Denison WMson Patten R. Vernon Smith S. Wilberforce R. Jelf W. H. Hale Hcathcote Edw. Berens J. Woolley Horace Powys, Hon. Herbert, Dean of Manchester G. Moberley A. C. Tait H. Labouchere.” 89 No. 34. The CJmncello?' of Oxford University to Viscount Pcdmerston. {Received Fehriiary 15.) Mv Lord, St. James's Square, February 14, 1854. BEING anxious tliat Her Majesty’s Government should receive the earliest information of any steps taken by the University of Oxford, upon the important subject of University Reform, I do myself the honour of forwarding to your Lord- ship the draft of a petition to the Queen, which was agreed to at a meeting of the Board of Heads of Houses and Proctors on Saturday last, and which has just been communicated to me by the Vice Chancellor, praying Her Majesty’s sanction to certain important alterations in the Statutes of the University, which are therein specified. Your Lordship will not fail to observe that this Petition, though agreed to by the Hebdomadal Board, awaits the assent of Convocation, and is not to be taken as a complete act until that assent shall have been given. It is intended, in the course of a few days, to issue a summons to Convocation to take this subject into consideration. The summons will probably issue on Friday next, and the meeting will take place in the course of next week. This being the case, I trust that Her Majesty’s Government will not object, but, on the contrary, will think it conducive to the public service, and to the satisfactory settlement of the question, to postpone the introduction of the measure of which notice has been given for Monday next, until the final decision of the University shall have been taken upon the proposition which is about to be immediately submitted to Convocation. I have, &c. (Signed) DERBY. Inclosure in No. 34. Petition. To the Queen’s Most Excellent Majesty. The Humble Petition of the Chancellor, Masters and Scholars of the University of Oxford. Humbly Sheweth, THAT among the Statutes of this University there are three which emanated from His Majesty King Charles the First, and, as is generally believed and acknow- ledged, cannot be either repealed or amended by the usual mode of repealing or amending Statutes, but only with the special licence of the Crown. That of these three Statutes one provides for the nomination of Collectors in Lent, a practice now become an unmeaning form ; another prescribes rules, and provides a cycle for the annual election of Proctors in the several Colleges, but dis- tributes the elections among the Colleges on a scale unsuitable to their respective strength and prominence at the present time, and omits of necessity a large and important College of more recent foundation, whilst the third Statute ordains the constitution and duties of the Board of Heads of Houses and Proctors, the only body intrusted at present with the initiative in respect of measures to be submitted to the votes of the University in their House of Convocation. That your Petitioners therefore humbly pray your Majesty to grant your Royal Licence, that they may be enabled to repeal the first of the before-mentioned Statutes ; and to amend the cycle for the election of Proctors, and otherwise to render the details in the second Statute better adapted to the existing state of the University ; and with respect to the third Statute, that they may be empowered to pass a new or supplementary Statute establishing a second Board upon the following basis : — That is to say, providing that permission having been given to any Head of a House, who may be incapaciated by age or illness from attending the meetings of the present Hebdomadal Board, to depute the Vicegerent of his College or Hall to sup- ply his place at the Board for one or more Terms, and the constitution of this Board remaining in other respects as it is at present, a second Board or Delegacy of Convo- cation shall be constituted, to consist of equal numbers with the Board of Heads of N 90 Houses and Proctors, and to be eiuporrered equally with the present Board to initiate and consider all measures requiring the sanction of Convocation. That the Hebdomadal Board at present containing twenty-six members including the Vice-Chancellor and Proctors, the second Board shall in the first instance consist of the Vice-Chancellor and Proctors, or their respective deputies, and of twenty- three other members to be elected by Convocation. That eight of these shall always be Professors, and fifteen shall be any members of Convocation, who, if Masters of Arts, shall be of not less than three years standing from the time when they might be admitted to their Regency, provided always that not more than two of these fifteen members shall be of one College or Hall. That of the eight Professors two shall retire in every year, but be re-eligible, and of the fifteen other members of the Board five shall retire in each year, but be re-eligible. That this second Board shall meet on every Tuesday during the Term, and at any other time when summoned by the Vice-Chancellor. That measures originated and agreed upon in either of the two Boards shall be always submitted to the other, and if also approved by that Board, be submitted to the votes of Convocation ; but if not approved, shall be referred to a joint Committee of the two Boards ; such joint Committee to consist of the Vice- Chancellor and Proctors, and of equal numbers, not less than four, deputed by each Board. That such joint Committees shall either be appointed to settle any measure definitively (except as hereinafter provided) in order to its being submitted to^ Con- vocation ; or at the desire of either Board, be appointed only to consider the measure, and report upon it to both Boards. That upon such report being received, either Board shall have power to suspend the consideration of the measure for one Term ; but that in the event of the measure being revived by either Board in the ensuing Term, and of both Boards not agreeing to it separately, the question whether it shall be submitted to Convocation shall then be determined by the majority of the votes of the members of both Boards taken collectively. That it shall not be competent to individual members of Convocation to pre- pare amendments in Convocation ; but that in the case of complicated and important measures, some time shall intervene between their first publication and their being formally promulgated in congregation, with a view to the reception of suggestions from Members of Convocation ; the draughts of proposed measures as first published being open to alteration prior to their being formally promulgated in the exact terms in which they are to be submitted to the votes of Convocation. And that, whereas, notwithstanding the long-continued practice of the Univer- sity in altering or repealing other Statutes in the Laudian Code herein the three Statutes above-mentioned, doubts have been sometimes entertained, and have of late been more particularly expressed by your Majesty’s Commissioners of Inquiry, respecting the power of the University, without the License of the Crown, to amend or abrogate Laudian Statutes, your Petitioners further pray your Majesty to declare that they shall be at liberty to remove from the Statute Book any expressions which may be supposed to favour such doubts, and to repeal or amend all such Statutes, as they may and do repeal or amend any other Statutes whatsoever. And your Petitioners humbly pray, that your Majesty will be graciously pleased to cause Letters Patent to be issued containing your Majesty’s Royal License to the above effect. And your Petitioners will ever pray, &c., &c. Given at our House of Convocation, under our Common Seal, this day of , in the year of our Lord, one thousand eight hundred and fifty-four. No. 35. The Chancellor of Oxford University to Viscount Palmerston. {Received February 17.) My Lord, St. James s Square, February 16, 1854. ON my return from the House of Lords this evening, I have had the honour of receiving your Lordship’s letter of this day,* in answer to mine of the 14th instant, and while I thankfully acknowledge the immediate attention which has been paid See No. 43. 91 to the subject bj Her Majesty’s Government, at a time when objects of more imme- diate urgency must engage much of their time, I cannot but deeply regret the very decided tone in which, on their part, your Lordship expresses yourself, as their organ on the subject wliich my letter brought under your notice. On the opinion thus expressed, I liave neither the authority nor the desire to enter into any controversy with your Lordship. I cannot, however, but express my surprise that Her Majesty’s Government, looking to the highest precedent, that'of our Constitution, should regard as, “ wanting in unity and promptitude” a system of covernmont by two 'bodies, “ widely ditferent in their characters and elements, each bavino’ the riMit of making proposals to the other, and each having an absolute right to poS;ponc for an average period of four months, the submission of any measure however urgent, to Convocation.” Passing by the exaggeration which appears now to exist in the expression of “ an awerage term of four months” in substitution for that of ‘‘ a single term.” I should have hoped that the provision made for the discussion of any disputed points by an united Board, might have obviated the necessity for some of the comments which your Lordship has felt it your duty to make on behalf of Her Majesty s Ministers. , , . , , • r I am also at a loss to understand in what sense, m your Lordships analysis 'Ot the two Boards, the members elected by the Convocation at large, a body so widely diffused that your Lordship doubts their capacity for being intrusted with the con- cerns of the University, can be considered as representing the CoUegiate, as opposed to the University element ; nor can 1 consider it as a compliment paid to the Professors in -general, to suppose that they will be found, as a body, acting in oppo- sition to their intended colleagues, selected for that purpose by the voice of the University at large, as represented in Convocation. What should be the precise weight to be attached to the professional element, in the general government of the University, is a question of policy which I do not feel myself called upon now to discuss, but on which I conceive that the opinion of the University ought to have some weight with Parliament, and with the advisers of the Crown. , , . , , r t Your Lordship will clearly understand, that in what 1 now write, i am expressino- my own opinions only ; and I think it right to add, that I am not aware of any expression in my former letter, from which Her T^Iajesty’s Government should infer that it “amounted to an inquiiy, whether if such a Petition should be adopted by the University, Her Majesty’s Government would be prepared to recommend to the Crown a compliance with its prayer.” On the contrary, I thought I had expressly stated, that my desire that Her Majesty’s Government should be m possession of every step taken by the University, had led me to communicate the draft of a petition which it was intended to submit to Convocation, but which could be of no validity till it had obtained the assent of that body. And I must add that however important it may be to hear the assent of Her Majesty’s Government to any petition which may be submitted to the Crowm, the value of any suggestion from the University must'' mainly depend upon its being the spontaneous expression of their unbiassed opinion, and ot their view of that which, apart from any political considerations, would be most for the advantage of that great national institution, whose interest and privileges they and I am bound to maintain to the best of our ability. - , , ,, 1 have, o;c. (Signed) HERB Y . No. 3G. The Chancellor of Oxford University to Viscount Palmerston. {Received March 1.) St. James's Square, February 28, 1854. I HAVE the honour to forward, with a request that your Lordship will have the goodness to take an early opportunity of laying at the foot of the Thrmie, the humble Petition of the Chancellor, Masters, and Scholars of ’the University ot Oxford, under their common seal, praying that Her Majesty will be graciously pleased to issue Her Royal Letters Patent, authoiUiug the University to make such alterations N 2 92 as are therein set forth in the Caroline Statutes, and removing any doubt which may myst as to their competency to amend or abrogate any of the Laudian Statutes. Ihe Petition herewith transmitted was agreed to in Convocation, specially sum- moned for the purpose, on Friday, the 24th instant; first upon its principle and nest by seven separate votes, embodying its several details;— and while the ’Uni- versity deeply regret to have _ learnt, previously to the vote being taken, that the plan proposed does not meet with the concurrence of Her Majesty’s Advisers the very tact of Its adoption by a considerable majority, notwithstanding such announced dissent IS an additional proof of the strong opinion in its favour entertained by the Univer- sity at large. ^ The Hebdomadal Board, however, being anxious to meet, as far as possible, the wishes of Her Majesty’s Government, before submitting the Petition to Convocation, introduced two amendments into the draft communicated to your Lordship in my letter of the 13th instant, in conformity with the views intimated to me in your Lordship’s letter of the IGfch, by one of which the power sought to be given to either Board to suspend the action of the University upon any proposition adopted by the other, for a single term, is abandoned; while by another, the ei^^ht professors, who must of necessity be included in the second Board, are to be elected not, as at first proposed, by Convocation, but by the body of the professors them- ^ cannot but entertain a hope, also, that the explanations afforded by the Vice-Chancellor, in his letter of the 20th instant, may have gone fiir to satifsy your Lordship that the professorial element will be more fully represented in point of numbers, and that as a body, the Professors are less a separate class in the Univer- sity than appeared to your Lordship in the first instance. And I cannot withhold the respectful expression of my own strong opinion, that by advising Her Mafesty to comply with the prayer of the Petition, and thus enabling the two proposed Boards to be brought into immediate action, with a view to the adoption of ulterior measures of improvement in the system of the University, Her Majesty’s Advisers would take the course best calculated to bring these changes into early and liealthful operation, without the injurious effect of those disturbing elements which can hardly tail to be produced by a Parliamentary struggle, which, however it may terminate cannot but injuriously affect the high position and independence of the University. I have, &c. (Signed) DERBY. Inclosure in No. 36. To the Queen s Most Excellent Majesty, tlie humble Petition of the Chancellor, Mastei’s, and Scholars of the University of Oxford, Sheweth, THAT among the Statutes of this University there are three which emanated fi’om His Majesty King Charles the First, and, as is generally believed and acknow- ledged, cannot be either repealed or amended by the usual mode of repealino- or amending statutes, but only wnth the special license of the Crown. ° dhat of these three Statutes, one provides for the nomination of Collectors in Lent, a practice now become an unmeaning form ; another prescribes rules and provMes a cycle for the annual election of Proctors in the several Colleges, but distiibutes the elections among the Colleges on a scale unsuitable to their respective strength and prominence at the present time, and omits, of necessity, a large and important College of _ more recent foundation ; whilst the third Statute ordains the constitution and^ duties of the Board of Heads of Houses and Proctors, the only body at present intrusted with the initiative in respect of measures to be submitted to the votes of the University in their House of Convocation. That your Petitioners therefore humbly pray your Majesty to grant your Royal Licence that they may be enabled to repeal the first of the before-mentioned Statutes and to ^ amend the cycle for the election of Proctors ; and otherwise to render the details in the second Statute better adapted to the existing state of the University ; and, with lespect to the third Statute, that they may be empowered to pass a new Cl supplementary Statute establishing a second Board upon the following basis : Jhat is to say, providing that permission having been given to any Head of a House, who may be incapacitated by age or illness from attending the meetings of the present Hebdomadal Board, to depute the Vicegerent of his College or Hall to 93 supply his place at the Board for one or more terms, and the constitution of this Board remaining in other respects as it is at present, a second Board or Delegacy of Convocation shall be constituted, to consist of equal numbers with the Board of Heads of Houses and Proctors, and to be empowered equally with the present Board to consider and to initiate all measures requiring the sanction of Convocation : That the Hebdomadal Board, at present containing twenty-six members, including the Vice-Chancellor and Proctors, the second Board shall in the first instance consist of the Vice-Chancellor and Proctors, or their respective Deputies, and of twenty-three other members. That eight of these shall always be Professors, to be nominated by the Pi’ofessors themselves and to be approved by Convocation ; and fifteen shall be any Members of Convocation, who, if Masters of Arts, shall bo of not less than three years standing from the time when they might be admitted to their Regency, provided always that not more than two of these fifteen members shall be of any one College or Hall ; these fifteen members to be elected by Convocation, the names of the persons proposed by any Member of Convocation to be made known some time previously to the day of election. That of the eight Professors two shall retire in every year, but be re-eligible ; and of the fifteen other members of the Board five shall retire in each year, but be re-eligible. That this second Board shall meet on every Tuesday during the term, and at any other times when summoned by the Vice-Chancellor. That measures originated and agreed upon in either of the two Boards shall be always submitted to the other, and, if also approved by that Board, be submitted to the votes of Convocation ; but, if not approved, shall be referred to a Joint Com- mittee of the two Boards. That such Joint Committee shall either be appointed to settle any measure definitively (except as hereinafter provided), in order to its being submitted to Convocation ; or, at the desire of either Board, be appointed only to consider the measure and report upon it to both Boards. That upon such report being received, in the event of both Boards not agreeing to it separately, the question whether the measure shall be submitted to Convocation shall then be determined by the majority of the votes of the members of both Boards taken collectively. That it shall not be competent to individual members of Convocation to pro- pose amendments in Convocation ; but that in the case of complicated and important measures, some time shall intervene between their first publication and their being formally promulgated in congregation, with a view to the reception of suggestions from members of Convocation ; the draughts of proposed measures as first published being open to alteration, prior to their being formally promulgated in the exact terms in which they are to be submitted to the votes of Convocation. And that whereas, notwithstanding the long-continued practice of the Univer- sity in altering or repealing other Statutes in the Laudian Code besides tlie three Statutes above-mentioned, doubts have been sometimes entertained, and have of late been more particularly expressed by your Majesty’s Commissioners of Inquiry, respecting the power of the University, without the License of the Crown, to amend or abrogate Laudian Statutes, your Petitioners further pray your Majesty to declare that they shall be at liberty to remove from the Statute Book any expressions which may be supposed to favour such doubts, and to repeal or amend all such Statutes, as they may and do repeal or amend any other Statutes whatsoever. And your Petitioners humbly pray, that your Majesty will be graciously pleased to cause Letters Patent to be issued containing your Majesty’s Royal License to the above effect. And your Petitioners will ever pray, &c. &c. Given at our House of Convocation, under our Common Seal, this twenty-fourth day of February, in the year of our Lord one thousand eight hundred and fifty- four. 94 37. The Chancellor of Oxford University to Viscount Palmerston. — {Received March 6th.) My Lord, St. James’s Square, Monday, March 6, 1854. 1 HAD the honour of receiving yesterday afternoon your Lordship’s letter of the preceding day, inclosing copy of the Bill which it is the intention of Her Majesty’s Government to submit to Parliament, with reference to the University of Oxford. I have to express my thanks to your Lordship for the assurance that any suggestions which T might think fit to offer, would receive all due attention from Her Majesty’s Government ; at the same time that I am compelled to decline availing myself of the permission thus offered, first, by your Lordship’s prohibition to transmit the Draft Bill to the Hebdomadal Board, or to communicate it to those authorities, from whom alone any opinion of mine could derive impor- tance, and without whose sanction I should not presume to offer any, on a subject in which they, above all others, have a claim to be heard ; next, because your Lordship’s desire that the Bill should be returned to you by Wednesday, affords no sufficient time for an examination of its details by those who are not in Lon- don ; but chiefly, I regret to say, because the whole frame and spirit of the Bil are so utterly subversive of all those privileges of the University, which I am bound to maintain, that I could not, without a violation of the most solemn engagements, until its principle shall have been affirmed by the para- mount authority of Parliament, enter into any discussion of the modification of its details. I shall communicate to the Hebdomadal Board your Lordship’s letter and my answer ; omitting, for reasons which will be apparent on the face of the documents, the copy of the Bill referred to, which I return lierewith. I know not wliether it was by accident or intention, that two copies of the Bill were sent to me. I return one alone ; but I need hardly assure your Lord- ship that the other is retained, subject to the conditions which your Lordship imposed upon me in your letter ; and that, if required, I shall be ready to return it also. I avail myself of this opportunity of asking whether your Lordship has yet laid before the Queen the Petition of the Chancellor, Masters, and Scholars of the University, transmitted in my letter of the 28th ultimo. Your Lordship has done me the honour of acknowledging its receipt by your letter of the 3rd instant; but whatever may be tlie nature of the advice offered to Her Majesty by her confidential servants upon the subject-matter of the Petition, I can hardly suppose that they would either witlihold from Her Majesty’s personal knowledge a Petition from such a quarter, and on such a subject; or that they would suggestto Her Majesty that a Petition which, from obvious motives of delicacy, the Petitioners have abstained from pressing their undoubted claim to lay in person at the foot of the Throne, should be passed over iu absolute silence, and only acknowledged as having been received by the Secretary of State, tlirough whom it was officially transmitted. I have, &c. (Signed) DERBY. 95 No. 38. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, December 12, 1853. HER Majesty’s Government having had before them the letter addressed by my predec^sor, on the 21st July, 1852, to the Chancellor of the University oHlxford, your Lordship will without doubt remember that Her Majesty was pleased hriier Speech from the throne on the 11th November 1852, to Lquaint Parliament that she had caused to be transmitted to the Universities of Oxford and Cambridge respectively, copies of the Reports of the Commis- sioners of Inquiry upon those Universities, and had called the attention of those Universities to those Reports, with a view to a deliberate examination ot the recommendations contained therein. , tt m lUo A statement was subsequently made to the House of Commons, that tie Government thought it desirable that ample time should be allowed tor a tull examination of those matters, and that it was not intended that any legislation on the subject of the recommendations of the Commissioners should be proposed to Parliament during the then current Session. At the same time, though it was not deemed expedient to discuss the various details connected with subjects so important and diversified as the matters in question, yet reference was made to some essential points with respect to which Her Majesty s Government con- ceived that it would be the desire and expectationof PaHiament, with a view to the public welfare and to the extension of the useful influences ot the Uni- versities, that plans of improvement should be entertained. These points were : . .. . , 1st. An alteration of the Constitution of the Universities, witli a view to the more general and effective representation of the several mam elements which properly enter into their composition. ■, tt • 2nd. The adoption of measures whicli might enable the Universities, with- out weakening the proper securities for discipline, to extend the benefits _o training to a greater number of Students, whether m connection or not with Colleges and Halls, and also to diminish the relative disadvantages which now attach widiin Colleges and Plalls to Students of comparatively limited pecuniary ixi0£tns 3rth The establishment of such Rules with regard to Fellovvships and to the enjoyment of other College endowments, as might wholly abolish or greatly modify the restrictions which now in many cases attach to those lellowsliips and endowments, and might subject the acquisition of such I ellowships and endowments generally to the effective influence of competition. 4th. The establishment of such Regulations with regard to Fellowships thus to be acquired by merit as should prevent them from degenerating into sinecurel, and especially the enactment of a provision that after f eilovysiiips should have been held for such time as might be thought reasonable, as rewards for early exertion and distinction, they should either be relmquis le , or should only continue to be held on condition of residence, coupled with a discharge of active duty in discipline or tuition, or with the earnest prosecution ^ 'sth and hitly. The establishment of provisions under which Colleges possessed of means, either particularly ample, or now only _ partially appliecl to the purposes of education or learning, might, in conformity with the vievys which Founders have often indicated, render some portion ot tlieir property available for the general purposes of the University, beyond as well as within the College walls, and might thus facilitate the energetic _ prosecution ol some branches of study, the importance of which the Universities have ot late dis- tinctly and specially acknowledged. . . It is obvious that, for the attainment of these ends, provision mus made for the careful adjustment of existing Statutes, and for the abolition or modification of certain oaths which are now periodically administered in some of the Colleges. j There are other changes tending to the increased efficiency and extent ot study which would naturally accompany or follow those to which 1 Have adverted ; but what I have stated may be enough to explain the general expec- tations which Her Majesty’s Government have been led to form under the influence of their sincere desire to acknowledge tlie services and to respect the dignity and due independence of these noble institutions, and to see their power and usefulness enlarged to the full measure of the capabilities indicated by their splendid endowments. Actuated by these views. Her Majesty’s Government did not hesitate to determine that, so far as depended upoii them, a considerable interval of time should elapse after the Reports of the Commissioners had appeared before any specific propositions should be discussed, as to the degree and nature of legislation respecting the Universities which it might be requisite to submit to Parliament. Her Majesty’s Government, however, feel that the time has now arrived wdien it will be due both to the country of which these Universities are such conspicuous ornaments, and to the well- understood interests of the Universities themselves, that these questions should be decided. I am, therefore, to request that your Lordship will, in your capacity of Chancellor of the University of Oxford, take an early opportunity of informing me what m.easures of improvement that University, or, so far as your Lord- ship’s knowledge extends, any of its Colleges, may be about to undertake, and what aid they may desire from Parliament in the form either of prohibitions, of enabling powers, or of new enactments. Her Majesty’s Government are anxious to receive this information in such time as may enable them to give to this important subject the careful delibe- ration it demands, and to be in a condition to advise Her Majesty thereupon, if possible, by the month of February, Her Majesty’s Government, however, have no hesitation in avowing their opinion that repeated and minute inter- ference by Parlmment in the affairs of the Universities and their Colleges would be an evil, and they are desirous to maintain the dignity of these In- stitutions, and to secure for them the advantages of freedom of "'action. For these reasons, therefore, as well as on other grounds, they earnestly hope to find on the part of these Bodies such mature views and such enlarged designs of improvement as may satisfy the reasonable desires of the country, and, by obviating the occasion for further interference, may relieve those persons in the Ujiiyersities who are charged with the weighty functions of discipline and instruction from the distraction which the prospect of such interposition must necessarily entail. I am, &c. (Signed) PALMERSTON. No. 39. Mr. Fitzroy to the Heads of Colleges and Halls, Oxford. Whitehall, January 21, 1854. I AM directed by Viscount Palmerston to transmit to you the inclosed copy of a letter* which he has addressed to the Chancellor of the University of Oxford, in reference to the recommendations contained in the Report of the Commissioners of Inquiry ; and I am to request that you will communicate the same to the members of your College, and that you will favour Lord Palmerston with information on the several points adverted to therein, so far as they relate to your College. I have, &c. (Signed) HENRY FITZROY. 97 No. 40. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, January 24, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 13th instant,* transmitting copies of correspondence which has taken place between the Vice Chancellor and the Heads of Colleges of the University of Oxford, respecting proposed measures of improvement. I am, &c. (Signed) PALMERSTON. No. 41. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, January 24, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 11th instant,f inclosing at the request of the Vice Principal of Jesus College, Oxford, certain resolutions entered into by that Society in refe- rence to changes which they deem desirable in the College statutes, and which would require the intervention of Parliament. I am, &c. (Signed) PALMERSTON. No. 42. Mr. Fitzroy to the Warden of New College, Oxford. Sir, Whitehall, February 4, 1854. I HAVE received and laid before Viscount Palmerston your letter of the 27th ultimo, J in reference to the communication made to you by his Lordship’s desire on the 21st ultimo. I ivr* (Signed) ’ HENRY FITZROY. No. 43. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, February 16, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 14th instant, § inclosing a Draft Petition to the Queen. I beg to inform your Lordship that no measure will be introduced into Parliament by Her Majesty’s Government until after the expiration of the coming week, and that due notice will also be given before the introduction of any such measure ; an arrangement which they hope will be satisfactory to your Lordship as Chancellor, and the Board of Heads of Houses and Proctors. With respect to the Draft Petition to which it is purposed to ask the consent of * See No. 4. f See No. 9. o 4 See No. 3. § No. 34. V 98 the Convocation of the University, and which prays for the license of the Crown empowering- the University to alter or repeal the three Caroline Statutes, Her Majesty’s Government understand your Lordship’s letter as amounting to an inquiry whether, if such a Petition" should be adopted by the Univereity ; Her Majesty’s advisers are prepared to recommend to the Crown a compliance with its prayer, and they have therefore thought it their duty at once to take that prayer into consideration. I have to observe, in the first place, that out of the three Caroline Statutes, there are two \vith respect to which no difficulty could arise in granting the prayer to the Petition ; and thus leaving it to the simple discretion of tlie University to proceed as it miglit think fit. Neither could there be any objection to the quieting of any doubts which may have arisen as to the validity of proceedings heretofore taken by the Universily, which have involved the alteration of any portion of the Laudian Code, or to the consideration of some just and clear rule for the future. But the 3rd. Caroline Statute, by which the Board of Pleads of Houses and Proctors is constituted, and any proposed mode of amending it, are matters ot great consequence in their bearing on the well-being -of the University. According to the Draft Petition, ther license of the Crown is sought in order to the establishment of a new Board, having a joint initiative with the Board of Heads and Proctors in University legislation. The present Board would continue without any alteration, excepting one which would keep up its effective to the standard of its nominal numbers. The new Board would be composed of the Vice-Chancellor and Proctor, together with 23 other mem- bers, elected by Convocation, of whom 8 would be Professors, and the rest any members of Convocation of not less than 3 years, standing each Board would for one term have a veto on any proposal suggested by the other ; but if thereafter a difference of opinion between tlie Boards should continue, that difference would be decided by the two Boards voting jointly as one body on the question whether the measure should be submitted to Convocation. Her Majesty’s Government are disposed to doubt wliether it would be wise in constituting a governing Board for the University, on the basis of election, to entrust even the chief and much less the exclusive power of choice to a body composed like the Convocation, in an overwhelming proportion of persons who are not and cannot be either extensively or accurately acquainted with the structure or the affairs of the University, They further think it questionable -whether, where it has been admitted as a principle that the government of the University should be, composed of a variety of elements, it would be a prudent arrangement to retain all functions of administration and interpretation without exception in the hands of the present Board of Heads of Houses and Proctors, — a Board which contains in the proportion of 24 members to 2, a single though a justly respected and highly important class. And they likewise incline to believe that the method of government by two Boards widely different in their character and elements, each having the right of making proposals totlie other, and each having an absolute right to postpone for an average period of four months the submission of any measure, however urgent, to Convocation, would prove to be wanting both in unity and in promptitude. At the same time I have to state on the part of Her Majesty’s Govern- ment, that no objection of secondary weight would prevent them from advising Her Ma_jesty to grant the license which it is desired by the Board that tlie University should ask and even \vith respect to some of the points which have been dwelt on, as well as to others which might be named. Her Majesty’s Government might have been prepared to waive their objections, if they could thus have secured a likelihood of obtaining tlirough the spontaneous action of the University a form of Government free from objection in all its essential principles. There is, however, a point in which, without reference to other matters, it is the conviction of Her Majesty’s advisers that the plan of the Board of Heads of Houses and Proctors is essentially defective. Her Majesty’s Government are prepared to admit and to maintain, that a majority of the seats in any governing Board or Boards to be constituted at Oxford may justly be assigned to those classes who are in immediate relation to the Colleges ; but, on the other hand, they conceive it essential to obtain 99 thougli not a predominating- yet a substantial and a considerable share of representation for the Professors, who may be held as a body to represent the University as apart from the Colleges. Now the reasons for this opinion it is not necessary to enter on at the present moment, but any proceedings which Her Majesty’s Government may take in regard to University reform will be founded on this principle. According to the plan set forth in the Draft Petition, the University as it is, and distinct from the Colleges, would be represented by 8 Professors in a Board having 18 other members, all of them representing the Collegiate element; but Her Majesty’s Government believe that the effect of habitual association in business and of discussion, such as might be expected in Oxford, would be to obliterate or greatly to soften any differences of opinion or feelihg which might liave grown out of differ- ences in position. They can conceive, therefore, that notwithstanding the great preponderance of the Collegiate element, such a Board might work harmoniously and with good effect But in cases wliere a majority of the mem- bers of such a Board, including all the Professors, might, offer a proposal to the Board of Heads, it would be liable at once to be met with a Veto^ which would be absolute for some months. If the Board adhere to its intentions at the expiration of that time, it would be enabled to require a fusion of the two Boards into one for a decisive vote. But the 8 Professors would then find themselves in the presence, not of 18 colleagues immediately connected with the Colleges, but of 23 other persons, if possible still more closely connected with the Colleges, and not their natural colleagues at all, but voting for such single occasion as a part of the same aggregate Assembly or Board. This aggregate Board might debate before voting, or it might vote without debating. If it debated, tlien every legislative proposal is virtually to be dis- cussed in three deliberative bodies besides Convocation. If it did not debate, then the Heads of the Houses would give their vote upon a question in which the distinct and separate interests of the University were concerned, without having heard the arguments of the persons whose special duty it would be to defend those interests. And when the balance of numerical strength between the several classes is examined, tlie result appears to be that the total number of members of the Board would be 49, out of whom 8 only would represent the University as distinct from the Colleges, while the Colleges would generally be represented by the other 41. This division of force and influence does not correspond with the condi- tions which Her Majesty’s Government regard as essential to a good permanent Constitution for the University ; and I am therefore under the necessity of stating that they could not incur the responsibility of advising the Crown to grant its license to the University for altering the Caroline Statutes, with a view to the establishment of such a Constitution. I am, &c. (Signed) PALMERSTON. ‘ No 44. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, February 22, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the J6th instant,* and liaving communicated it to Mr. Gladstone, I inclose a letter which I have received from Mr. Gladstone with reference to a passage in your Lordship’s letter which related to some communications which had taken place with Mr. Gladstone. I am, &c. (Signed) PALMERSTON, * See No. 85. O 2 100 No. 45. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, March 3, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 15th February,* forwarding a printed copy of a Eeport of a Committee appointed by Magdalen College, to consider the best means of extending and improving the educational system of the College; together with an expla- natory letter addressed to your Lordship by the Vice President. I am, &c. (Signed) PALMERSTON. No. 46. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, March 3, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 28th ultimo,f forwarding a Petition to the Queen from the Chancellor, Masters, and Scholars of the University of Oxford, under their common seal, praying that Her Majesty will be graciously pleased to issue Her Royal Letters Patent, authorizing the University to make such alterations as are therein set forth in the Caroline Statutes, and removing any doubt which may exist as to their competency to amend or abrogate any of the Laudian statutes. I am, &c. (Signed) PALMERSTON. No. 47. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, March 3, 1854. I HAVE the honour to acknowledge the receipt of your Lordship’s letter of the 22nd February, J inclosing a copy of a letter addressed to your Lordship, oflicially, by the Vice Chancellor on the 20th ultimo, and which was agreed to unanimously by the Hebdomadal Board on that day. I am, &c. (Signed) PALMERSTON. No. 48. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, March 4, 1854. I HAVE the honour to inclose a copy of the Bill which Her Majesty’s Government intend to submit to Parliament, with reference to the University of Oxford. The main and leading principles of the Bill are such as Her Majesty’s Government have been lead by much consideration to think it would be most advisable to make the foundation of their measure. But there may be sub- sidiary provisions in the Bill, in regard to wdiich your Lordship, or those whom you may wish to consult on the subject, may be desirous of suggesting altera- tions ; and I beg to assure you, that any suggestions which your Lordship may think fit to communicate to me, will receive from Her Majesty’s Government all the attention to which they will be so justly entitled. 1 must, however, request your Lordship to consider this communication as being so far an informal one, that Her Majesty’s Government do not place t See No. 32. * See No. 33. t See No. 36. 101 this Draft of the Bill in your Lordship’s hands for the purpose of its being either transmitted to the Hebdomadal Board, or communicated officially to any University Officers. I have only to add, that Her Majesty’s Government will be glad if your Lordship will have the goodness to return this Draft of Bill in the course of Wednesday next. I am, &c. (Signed) PALMERSTON. No. 49. Viscount Palmerston to the Chancellor of Oxford University. My Lord, Whitehall, March 6, 1854. I HAVE had the honour to lay before the Queen the Petition of the Chancellor, Masters’ and Scholars of the University of Oxford* (which accom- panied your Lordship’s letter of the 28th ultimo), praying that Her Majesty will be graciously pleased to cause letters patent to be issued containing Her Majesty’s Royal license to the effect set forth in the Petition ; and I am to inform your Lordship that Her Majesty has been advised to grant Her Royal license so far as regards the Statute for the nomination of Collectors in Lent, and the Statute which provides a cycle for the annual election of Proctors in the several Colleges ; and Her Majesty has also been advised to accede to the wishes of the University respecting the Laudian Code. But as respects the Statute whieh ordains the constitution and duties of the Board of Heads of Houses and Proctors, for the reasons which I have already in part stated to your Lordship, Her Majesty cannot be advised to grant the license prayed for in the Petition. I am, &c. (Signed) PALMERSTON. * See Inclosure in No. 36. Correspondence respecting the Proposed Measures of Improvement in the Universities and Colleges of Oxford and Cambridge. CORRESPONDENCE RESPECTING THE PROPOSED MEASURES OF IMPROVEMENT IN THE UNIVERSITIES AND COLLEGES OF OXFORD AND CAMBRIDGE. Presented to both Houses of Parliament by Command of Her Majesty. 1854. [ 131 ] LONDON : PRINTED BY HARRISON AND SONS. ^‘i ■i?,V') '' . J, 'Cy'-''-:'t^ ' .Q * r • , ^3 ” ..-j* .»<,•• -i-y w. r . , .. . , 1 . - ^ .■ '■ Vst, ■>1 ., ■ , .'1 . . .'‘:.v •*• .J.w,> .>* • ■ ' ' ' ' " * ' ■■ ‘ ' • ■'■•■■'■' ■.■ ■',sS‘i( " , ■ '. ,’ , ■-■-r ■•'..V .' ' .'iK .■ .,'■ Px, >- .: ■ •. ^ t; i\ ;■ V ii'rd ■ r.'t* iilititli [v^ .-V. ' '■ 'hh-'i • ■''■ ■ ■ \ -■ p t '- : V. ■ /■■■.■ -5 /’'V-Tl 'l-'S •V i ‘t'i' y H.Ijkyt ir T f:V m, 7 . ,7 :v:’- . ■T\- . •> V /'s'' *'V i : iSlt e^'.- l<--t . iiP ^'1 a fft" ' 'N ■ rr>,. ■..*,• i ; '•V..' m !>^‘r < v ’ > . S .-'/J : ff r, .•'. ,> /-vS It Ji > ■ > /tv// i«S-: iM f:’ V- >Vj -. 1 . ■--?'• PART III. SUPPLEMENT TO PART I. PEMBROKE COLLEGE, OXFORD. Correspondence respecting the Proposed Measures of Improvement in the Universities and Colleges of Oxford and Cambridge. PAET III.— SUPPLEMENT TO PAET I. (PEMBROKE COLLEGE, OXFORD.} AT a meeting of the Master and Fellows of Pembroke College, hoklen on Friday, June 3, 1853, and duly summoned. Present : The Master. Air. Henney, Vice-Gerent. Air. Cleoburey. Air. Evans. Air. W. Price. Air. B. Price. Mr. Hall. Air. Eollestone. Mr. De Quelteville. Absent : Air. Sheffield Cox, who has acknowledged the Master’s summons, hut has not appeared, he being in the north of Scotland, and in ill health. Air. E. Polehampton and Air. Eouth, who have been for some time on the Continent. Air. Henry Polehampton and Air. Gay have not appeared, and have assigned no reason for their absence to the Master. Air. E. Parker was kept away by unavoidable engagements. The following letter from the Earl of Derby, Visitor of the College, was read : — ^’ Sir, Downing-street, December 2, 1852. I HAVEhad the honour of receiving your letter of the 29th ultimo, which press of public business has prevented me from acknowledging earlier. I “ certainly should have much satisfaction in receiving from the separate Colleges, as well as from the Hebdomadal Board of the University, their ‘‘ opinions as to the recommendations of the Eoyal Commissioners, so far as they affect the Colleges as contradistinguished from the University; and I should be happy to learn the views of the Authorities of Pembroke College as soon as you can obtain them formally ; but, in my opinion, the first “ subject of inquiry should be that which is adverted to in the Queen’s Speech, 2 / “ viz., the impediments which may exist arising out of 'Founders’ Wills, or “ Statutes which the University or the Colleges have no power of abrogating, “ to alterations which may he deemed desirable, and for the removal of which “ impediments the interposition of the Legislature may be required. I have, &c. (Signed) DERBY. The Master of Pembroke College. 1. It was resolved unanimously, with reference to the first point on which the 'Visitor desires the College to be consulted, that, in the opinion of the meeting, the College has no power under any existing law to repeal or alter any of its Statutes, whether without or with the consent of the Visitor. 2. It was resolved unanimously, with reference to the second subject on which the Earl of Derby calls for the opinion of the College, That it is desirable that numerous alterations should be made in the Statutes of the College, and that several impediments to its efficiency as a place of education and learning- should be removed. 3. It was resolved unanimously. That many of the Statutes being super- fluous, or impracticable, in consequence of the change of times, and therefore disregarded, it is desirable, in order to bring formal obligations into harmony with practice, that enactments of this nature should be repealed or modified : the Statute, for instance, relating to the hours of Divine Service, the frequency of attendance, the mode of enforcing attendance by corporal punishment or pecuniary mulcts, the duty of preaching before the University, the processions to St. Mary’s Church ; the number, duties and stipends of the College servants ; the times of meals, the literary exercises to be performed within the College ; which regulations, together with many others of a like nature, occupy a large part of the Statute-book ; and that the College should be empewered to regulate its external administration by bye-laws which could be freely made or repealed. 4. It was resolved, that it is desirable that all graduates of the University should be eligible to the office of Master of the College. o. It was resolved unanimously, that it is desirable that all Members of the University, who shall have taken the degree of B.A., shall be eligible to Fellowships in the College, and that the choice should be made by the Master and Fellows, without the concurrence in any case of electors or nominators from witliout, solely on the ground of fitness for the office, and of talents and acquirements tested by examination ; due regard being had to the moral character of the persons who may apply for permission to become candidates. 6. It was resolved unanimously, that it is desirable that no Fellow should be compelled to take Holy Orders, or to proceed to degrees in Theology ; that the possession of property should not be a bar to election to a Fellowship, nor a cause of its avoidance; a,nd that residence should not be obligatory on Fellows. 7 . It was resolved unanimously, that it is desirable that the stipends of the Fellows should be so regulated, that the stipend of each Fellow should amount, if possible, to not less than 200/., or more than 2501 . a-year ; and that in the opinion of the meeting, the number of Fellows which the present revenues of the Society can support, at the lower of these rates, is eight. 8. It was resolved unanimously, that it is desirable that the number of Scholarships should not be less than 16, each Scholar receiving one-fourth of the stipend of a Fellow, and enjoying rooms free of rent during his resi- dence ; that the Scholarships should be tenable for five years only ; that they should be open to all j^ersons without reference to kindred, place of birth, or place of education ; that due regard being had to the moral character of applicants for permission to become candidates, the choice should be made 3 solely on the ground of acquirements and abilities tested by examination; and that the elections should be in the hands of the Master and Fellows solely, without the intervention, in any case, of strangers, as nominators or electors. 9. It was resolved unanimously, that it is desirable that all the Fellows should enjoy the same privileges, and that the revenues of the several Founda- tions, and all other emoluments received by the Master and F ellows as such, should be amalgamated into one common fund. 10. It was resolved unanimously, that it is desirable that the fruits of the net revenues of the College should be set aside for its common purposes, or Domus fund, when the arrangements above contemplated shall have been carried into effect. 11. It was resolved unanimously, that it is desirable that the Master should receive, in lieu of all his present dividends, fees, chamber rents, and other emoluments, a stipend equal in amount to the stipend of four Fellow- ships, he continuing to bear the charges to which he is now liable, but not to a greater extent than one-sixteenth part of his income from the College. 12. It was resolved unanimously, that it is desirable that all revenues beyond and over the Domus fund, and the stipends above specified, should be applied as a fund for increasing the number of F ellowships or Scholarships. 13. It was resolved unanimously, that in carrying out the changes, all vested interests should be scrupulously regarded ; and that with respect to Abingdon School, or persons of the kindred of the Founder, the elections should continue to be made as at present, during two years from the day on which the College should be empowered to carry the pre-going resolutions into effect. II. It was resolved unanimously, that it is desirable that the College should receive power from the Legislature to carry out the changes herein pro- posed under the sanction of its Visitor. 15. It was resolved unanimously, that the minutes of this meeting be transmitted by the Master to the Earl of Derby, the Visitor of the College, and to Her Majesty’s Government. (Signed) FRA:NCIS JEUra, D.C.L., Master. .^.l, JH St 55 m^s. fg. %1!t-*jv*' CoLibri ■«l»ffli;lA'MHM Had* tn Italy 04-14 BIG