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 A FEW BRIEF REMARKS 
 
 ON THE RECENT LEGISLATION 
 
 FOR THE COLLEGES AND THE 
 
 UNIVERSITY OF CAMBRIDGE. 
 
 BY 
 
 ROBERT POTTS, M.A., 
 
 TRINITY COLLEGE. 
 
 LONGMANS AND CO. 
 
 1882
 
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 In order clearly to understand the probable effects of the 
 changes proposed by the new Statutes, in the Colleges and in 
 the University of Cambridge, it appears desirable briefly to 
 take a glance at the past. 
 
 In the year 1828 there were few men in the University 
 who were deeply convinced of the necessity of amended codes 
 of Statutes both for the Colleges and for the University. Many 
 Statutes had fallen into disuse, some were impossible to be 
 obeyed, and others were no longer adapted to the wants of 
 the present age. It may be remarked that the general feeling 
 of the ruling bodies was strongly opposed to any changes what- 
 ever in the existing state of the Colleges and the University. 
 
 In the answer to the address of the University of Cambridge, 
 on the accession of Queen Victoria to the throne. Her Majesty 
 was graciously pleased to intimate : — 
 
 " Your University owes much to the protection and en- 
 " couragement of former Sovereigns. I am actuated by an 
 *' equal desire to promote its interests, and to enlarge the sphere 
 " of its utility." 
 
 In the year 1850 a Royal Commission was issued for 
 enquiring into the state, discipline, studies and revenues of the 
 University and Colleges of Cambridge ; and in 1852 the Report 
 was presented by command of Her Majesty to both Houses of 
 Parliament. 
 
 The Commissioners concluded their Report in these words : — 
 
 " What above all other things gives us hope for the future 
 "good of Cambridge is the manly, free, and truth-loving 
 " character of her studies, and the uprightness of her adminis- 
 "tration, producing in return confidence and good-will on the 
 " part of those committed to her care. In all her members 
 " she believes that she possesses a body of men, who, strong 
 " in their historical remembrances, cling to what is truly good, 
 " would seek for no needless change, and would admit of no 
 " change which had not the promise of scientific, moral and 
 " religious benefit."
 
 These words of the Commissioners, recognizing the Cam- 
 bridge of the past, regarded hopefully the Cambridge of the 
 future, in anticipation of the changes necessary for the extension 
 of the utility and the maintenance of the integrity of the 
 Colleges and the University. 
 
 In consequence of this Eeport a Bill was introduced into 
 the House of Commons to make further provision for the 
 good government and extension of the University and Colleges 
 of Cambridge. The Bill received the Boyal assent in 1856, 
 and the final Statutes became law, 31 July, 1858. 
 
 A body of eight Commissioners was appointed by the Act 
 in conjunction with the Colleges and University to frame new 
 Codes of Statutes. The Elizabethan Code of Statutes was 
 repealed (sect. 41), but the powers and privileges both of the 
 Colleges and of the University (sect. 49), which were not taken 
 away by the Act, were continued in full force. 
 
 The declared object of the Act (sect. 27) was "to promote 
 " useful Learning and Religious Education in the Colleges and 
 " University, and the main designs of the Founders and Donors 
 " so far as is consistent with these purposes." 
 
 It was provided (sect. 46) that Undergraduate Students, 
 without being required to make any declaration of Religious 
 Opinion or Belief, might hold College Scholarships and Exhi- 
 bitions, and (sect. 45) be admitted to degrees. But no one was 
 entitled by any degree to be a member of the Senate, or to hold 
 any office hitherto held by a member of the Church of England, 
 without a declaration oi bond fide membership. 
 
 The new Statutes recognised the integrity of individual 
 Colleges and their connexion with the Church of England, and 
 consistently provided that members of the Church of England 
 only were fit persons to constitute the governing bodies of 
 Colleges, founded and endowed by Churchmen. 
 
 In the year 1871, the Universities Tests Act was passed, 
 the design of which at the time was generally understood to be 
 to extend section 46 of the Cambridge Act of 1856, so as to 
 admit to membership of the Senate and to College Fellowships, 
 and their emoluments deserving Students who were not members 
 of the Church of England j but at the same time, by proper 

 
 safeguards, to secure the integrity of the Colleges as places of 
 Learning and the Religion of the Church of England. 
 
 The 4th Section of the Tests Act provides — 
 
 *' Nothing in this Act shall interfere with the system of 
 "Religious instruction, worship, and discipline, established in 
 " Colleges, or with the Statutes relating thereto." 
 
 All lectures on Religion and Morals in the Colleges and 
 the University have hitherto been in accordance with the doc- 
 trine of the Church of England ; and, how competent soever a 
 Dissenter may be to lecture and teach the Classics and Mathe- 
 matical Sciences, such a person cannot be considered a suitable 
 and properly qualified person to instruct the youthful members 
 of the Church of England in subjects connected with *' Religious 
 Education." 
 
 The Act makes and Implies a marked distinction between 
 persons who are and persons who are not members of the 
 Church of England. And it may be questioned whether in 
 relieving persons from oaths and declarations, respecting religious 
 belief, it was intended to relieve members of ihe Church of 
 England from making the ordinary declaration on their electioii 
 to fellowships, which had been customary from ancient times. 
 It did not relieve all. 
 
 A case has occurred of a layman who on his election to a 
 Fellowship had not declared himself a member of the Church of 
 England. But, when the option of the office of Dean of the 
 College Chapel fell to him, he took the office and received the 
 emolument. Such an anomaly could not have been Intended by 
 the Legislature, nor even considered possible, so long as the 
 Constitution of Church and State exists in England. 
 
 In admitting persons not members of the Church of England 
 to become Fellows of Colleges, it can scarcely be deemed 
 to have been the design of the Legislature to admit persons 
 to be members of the governing bodies of Colleges who are 
 either unfriendly or violently hostile to the very existence of 
 the Church of England. In future the regulation of the Chapel 
 services w^ill be under a body who may be all Dissenters or 
 not even Christians at all. It is well known that such persons do 
 exist at Cambridge, who are connected with an organization
 
 called "The Liberation Society," who have formed a Scheme, and 
 are working it out for the disestablishment and disendowment 
 of the Church of England. The late Hulsean Lecturer in one 
 of his discourses from the University pulpit, last Michaelmas 
 Term, uttered the following solemn warning to the University. 
 This Scheme* we are told "has been prepared after the 
 ** gravest deliberation. A special Committee spent two years in 
 "preparing it. They consider it feasible and just. They have 
 " the will to carry it out, and they are now making the utmost 
 " eflPorts to secure the power. 
 
 " A central body in London well supplied with funds — no less 
 " than £14,000 a year ; the country mapt out into districts, each 
 " under a trained and salaried superintendent ; local committees, 
 " private conferences, public lectures ; newspaper paragraphs, 
 "opposition, in parliament and out, to Church improvements; 
 " parading of Dissenting grievances ; making the most of 
 "churchmen's mistakes; diligent and successful collection of 
 " funds ; — these are specimens of the Society's daily occupations. 
 "Even country villages are deluged with misleading tracts; 
 " parcels of immaterial dynamite, ready to explode at some not 
 " distant general election, when the power of destruction being 
 " placed in the hands of such as know not what they do, a single 
 "crash may bring down to gratify the social jealousies of a 
 " clique, what it has taken the piety of a nation, through twelve 
 "centuries, to erect and adorn." 
 
 It is not improbable that there are agents of this society 
 among us, as a Cambridge paper some months since reported 
 that a meeting was held at a Fellow's College rooms to promote 
 the objects of the Liberation Society. It may also be noted 
 that a fly-sheet was thrown out by a Tutor of a College some 
 time since, in which he expressed his opinion, that the time 
 had arrived when students should be exempted at the Previous 
 Examination from an examination in one of the Greek Gospels 
 and in the Evidences of Christianity. snofUl 
 
 When the question of amending the Statutes of Colleges 
 and the University was first moved, it was deemed necessary 
 
 * The Hulsean Lectures for the year 1881, by Joseph Foxley, M.A., Second 
 Edition, p. IS, Longmans, London.
 
 that the Legislature should be fully informed respecting the 
 revenues of Colleges and how they were applied. Some 
 Colleges were disinclined to give this information to the Royal 
 Commission of 1850. After the issue of the Report, Lord 
 Palmerston's letter failed to elicit the full information required. 
 In framing the new Statutes under the Act of 1856, College 
 revenues and their uses could not be satisfactorily revised and 
 suitable amendments introduced. In consequence, it was clearly 
 foreseen by judicious men here, that at no very distant period 
 the subject of College revenues and their uses would be brought 
 under the consideration of the Legislature, and their ancient 
 uses amended to meet the necessities and requirements of 
 modern times. 
 
 In the year 1872 a Royal Commission was issued for 
 inquiring into the Property and Income of the Universities of 
 Oxford and Cambridge. The Commissioners made their Report 
 in the year 1874, and it was presented by command of her 
 Majesty to both Houses of Parliament. The Report exhibits 
 full and complete returns of the revenues both o£ the Colleges 
 and of the University, and the application of the revenues, 
 but adds no recommendations. 
 
 In order to complete the necessary reforms which, for want 
 of this information, were not embodied in the Statutes made 
 under the Act of 1856, a Bill was introduced into the House 
 of Lords, and it received the Royal assent on August 10, 1877. 
 
 The Preamble of the Universities of Oxford and Cambridge 
 Act opens with the Statement — that the revenues of the 
 University are not adequate to the full discharge of the duties 
 incumhent on it. 
 
 In reference to this assertion, it may be stated, that the 
 Matriculations in 1862 were 407, Degrees conferred 618, and 
 the ordinary revenue of the year reported in 1863 was £13,652, 
 and the ordinary expenditure £13,450. In 1881 the Matricu- 
 lations were 806, Degrees conferred 1020; and the ordinary 
 income of the year £22,523, and the expenditure £21,519. 
 
 There were besides Exchequer Bills held by the Yice- 
 Chancellor for various University purposes amounting to 
 £14,200. And during the last 16 years 6 New Professorships
 
 8 
 
 have been founded and endowed by the University. The 
 payments to these Professors are charged on the University 
 Chest, amounting in all to £2000 a year, probably more. .w 
 
 Section 19 of the Act directs the Commissioners to take 
 into account any prospective increase of the revenues of a 
 College or the University, and to make provision for the 
 application of such increase. 
 
 In the eloquent speech with which the Oxford and Cambridge 
 Universities Bill was introduced into the House of Lords, a, 
 large increase of College revenues was confidently prophesied, 
 but the probability of any possible diminution of College 
 revenues was not even suspected. Since the Act received 
 the K-oyal assent, very serious and unexpected changes have 
 taken place in the rent of farms. Almost all the Colleges in 
 Cambridge are suffering considerable diminution of income, 
 with no prospect or hope of amendment in the future. 
 
 As instances, I may state that the Bursar of St. John'» 
 College has informed me that he now receives £200 a year 
 rental of a farm which used in past years to pay £300 a year. 
 
 The Bursar of Jesus College assured me that he had to 
 consent to receive £100 instead of £200 a year, which latter rent 
 tlie tenant declared he could not pay and live. Some of the 
 Colleges have their farms thrown on their hands, and the 
 Bursars, not being able to find tenants, are attempting to keep 
 them in cultivation. 
 
 I am informed by one of the Professors in Downing College 
 that most of their farms are thus thrown on their hands, and 
 that the Bursar is directing the cultivation of them, also that 
 the revenues from these lands have been diminished by one-half 
 of what they used to be formerly. u»a -.fu 
 
 So also for University lands. A farm which used to supply 
 the chief part of the income of one of the Professors waa 
 given up by the tenant, and a suitable successor could not 
 be found. To stock this farm and keep it in cultivation, 
 the University has employed £4,000, but there are serious 
 grounds for apprehension that the course which has been 
 adopted will not be followed by the success desired. The 
 gupplies of wheat and other grain from the Colonies and from
 
 Foreign Countries have been so ample that the prices are 
 reduced too low to leave a sufficient margin for profit on 
 wheat grown in this country, where expensive manures are 
 required for the culture of the soil. And further, since the 
 repeal of the Malt Tax, brewers make use of other materials 
 cheaper than malt, and thus the prospects of the farmers are not 
 amended. 
 
 Section 35 of the Act declares that the Commissioners may 
 require from Colleges and the University any information 
 relating to the revenues, statutes, usages or practice thereof, 
 and, generally, may send for persons, papers and records. 
 
 If the information derived from these sources had been 
 obtained and duly considered, needful changes and wholesome 
 reforms might have been embodied in the New College Statutes, 
 and the Colleges maintained in their integrity. 
 
 Section 36 provides that each College may choose three 
 persons to act as Commissioners with the other seven Commis- 
 sioners in making the Statutes for their College. The mode 
 in which the provision was carried out was thiff; that at the 
 meetings of the College Commissioners and the other Commis- 
 sioners, the latter produced the Statutes they had made, but did 
 not allow any alterations or amendments to be offered in any 
 case by the three College Commissioners in the final settlement 
 of the Statutes for their respective Colleges. As Dr. Ferrers 
 justly remarked in his sermon before the University on Easter- 
 day, "But, the course actually adopted has had the effect 
 " of forcing upon all Colleges the acceptance of a Procrustean 
 " scheme, thus reducing the Colleges to silence, and neutralizing 
 " one of the chief provisions of the Legislature." 
 
 Section 59 ordains that no College shall endow an office 
 of an Ecclesiastical or Theological character by means of any 
 portion of the revenues of the College. This is a very singular 
 decree for Institutions founded and endowed by Christians, and 
 designed to be places of Sound Learning combined with 
 Beligious Education. It is possible there may be some 
 oversight or omission in the words of this Section. To 
 interdict payments for Theological or Ecclesiastical uses 
 from the revenues of Colleges is, in fact, to declare that the
 
 10 
 
 Colleges shall no longer be considered as Christian Institutions 
 connected with the Established Church, but left to be swept 
 away by the Scheme of the Liberation Society, which Is devoting 
 its energies to the disestablishment and disendowraent of the 
 Church of England. 
 
 The 16th Section of the Act proposes to take away from 
 Colleges a considerable portion of their revenues, and to hand 
 over the amount to the University to make provision for various 
 purposes. The Universities and Colleges of Oxford and 
 Cambridge are peculiar Institutions, unlike any other Educa- 
 tional Institutions in the world. It cannot be denied that 
 some changes and reforms are needed to meet the wants 
 of modern times, but only such as tend to increase the use- 
 fulness of these venerable Institutions and maintain their 
 integrity. uj ux /a 
 
 The Scheme laid down in the proposed University Statutes 
 means no less than a revolution and the destruction of the 
 existing system by the introduction of another more in accordance 
 with the Foreign Universities. 
 
 It is proposed to take from the College Revenues fixed SUMS 
 FROM VARIABLE INCOMES, not less than £8000 nor more than 
 £10,000 for the year 1882, and increasing amounts in successive 
 years, until the amount shall not be less than £20,000 nor more 
 than £25,000 as the yearly payment. 
 
 Although the Masters and Fellows of Colleges constitute 
 the governing, or rather the administrative bodies, they are 
 neither the owners nor the proprietors of the property 
 they administer. They are, in fact, simply Trustees, enjoying 
 a beneficial interest in the property which they hold, and 
 which, as Trustees, they are bound to hand down to their 
 successors in its integrity. Masters and Fellows of Colleges, 
 being legally Trustees, may be called upon by the Legislature 
 to render an account of the property they hold, and of the 
 manner in which the revenues are annually distributed. In 
 cases of settled property, the powers of the Legislature are 
 limited to correcting abuses, and removing anomalies, by 
 enacting new laws to secure the objects for which the 
 property was settled.
 
 11 
 
 So long as the uses of Endowments are beneficial to the 
 classes of the community for which they were designed, and 
 are not disadvantageous to the State or any class of society, 
 it is a deep wrong and robbery to employ them for other uses. 
 
 In the times of King Henry VIII., when the Endowments 
 of Monastic Institutions were found to be injurious, the State 
 could properly and justly interfere with the application of their 
 revenues and apply them to other uses. There exist no such 
 reasons for interfering with the revenues settled upon the Colleges 
 of Cambridge, by taking from them large portions of their 
 revenues and handing them over to another party for various 
 purposes. To transfer property settled for lawful and useful 
 purposes from one party to another without an equivalent, is 
 an invasion of the rights of property, which are secured by laws 
 still in force. In times of peace it is neither wise nor safe to 
 introduce into legislation a principle which heretofore has not 
 been put into practice except in times of conquest and revo- 
 lution. If such a principle be permitted to stand in any Acts 
 of Parliament, it is impossible to foretell whether the rights 
 of property settled by conquest or revolution, or even by Royal 
 gift, can stand long unquestioned. 
 
 The 15th Section of the Act provides that in the making 
 of Statutes for a College, regard shall be had to the interests 
 of Education, Heligion, Learning, and Research, and regard 
 shall be had in the first instance to the maintenance of the 
 College for these purposes. 
 
 Religion has been dealt with in the New propositions in such 
 a manner as to provide for its extinction. All the former 
 restrictions have been removed. No mention is made anywhere 
 of the nature of the provisions for religion, as of "persons" 
 for chaplains, and "persons" for teachers of religion, but the 
 control of religious services, sermons and religious teaching have 
 been placed in the hands of the new governing bodies of 
 Colleges, which may consist of persons who are or who are 
 not members of the Church of England, but even of persons 
 of any or no religious belief whatever. 
 
 The present system at Cambridge reserves the teaching powers 
 in the Colleges, under tutors, lecturers and the subsidiary aids
 
 12 
 
 of private teaching, and places the examining powers in the 
 University. 
 
 The Section ostensibly provides for the maintenance and 
 the integrity of the Colleges; but the proposed Statutes 
 for the University clearly transfer the teaching powers from 
 the Colleges to the University under bodies of Professors, 
 Lecturers, and Readers, who are to be paid for their services, 
 and on retirement, pensioned from the spoils of College Revenues. 
 
 If the fixed endowments of Colleges become liable to spoli- 
 ation by Act of Parliament, the generous streams of private 
 bounty will cease to flow, as in past generations, to augment the 
 revenues and extend the utility of Colleges, and there is an end 
 to all future endowments. The greater part of the College 
 endowments have been made since the Reformation. Of the 
 yearly revenues of the existing Colleges, taking Gonville 
 College as an example, the Commissioners of King Henry VIII. 
 'reported its yearly revenue to be £119. 195. b^d. In a paper 
 printed in 1871 by Dr. Guest, the late Master, he writes — "Of 
 " our present income I find nearly £6000 a year derived from 
 " endowments given us since the Reformation ; of our thirty-two 
 " Fellowships, twenty were founded since the year 1 558, and 
 "nearly the whole of our Scholarships; our valuable library 
 " has been gradually accumulated since that date, and within 
 " the last twenty years we have nearly re-built our College." 
 A like account might be given of the endowments of other 
 Colleges. 
 
 To introduce the professorial system would be a retrograde 
 step in the intellectual life of the University of Cambridge. Such 
 studies as are here regarded as disciplinal cannot be taught by 
 lectures, and students themselves are fully aware of it. They 
 know that they can acquire from books more exact and perfect 
 knowledge for examinations than they can by attending as 
 passive auditors the most elaborate lectures. It was recently 
 remarked by one of our ablest lecturers in a large College, that 
 though he took considerable pains in preparing his lectures, he 
 found that the students who were his private pupils preferred to 
 attend his private teaching to his public lectures. And last 
 Lent Term one of the most eminent of our Professors had not
 
 13 
 
 a single student to attend a course of Lectures, of which he had 
 previously given public notice. The truth is simply this — that, 
 as there are excellent books on all subjects of study, students 
 find that private reading is a better preparation for success than 
 Professors' lectures. The same ideas prevail at Oxford, where 
 more than one popular College tutor, whose lectures were well 
 attended in their Colleges, found their attendance at once fall 
 off when they were made Professors. 
 
 The lectures of Professors are highly useful in communicating 
 information, and in giving students an outline of the best course 
 of study on any subject, as also in the case of those Professors 
 who have to teach by showing experiments which require 
 expensive apparatus. 
 
 It may be remarked that students of the highest acquirements 
 in any Science or department of Literature do not always 
 become the best and most effective teachers. Experience has 
 shewn that such persons may be utterly incompetent to adapt 
 their knowledge to the capacity of minds of a lower character 
 than their own. If a Professor or Teacher hsts not skill to 
 make the subject of his instruction interesting to learners, 
 and tact to adapt his knowledge to minds of different capacities, 
 he does not possess one of the first essential requisites of a 
 teacher. It is a delusion to imagine that correct habits of 
 thinking can be created, or exact knowledge acquired, by the 
 mere passive attendance on Lectures, however excellent. Class 
 teaching may be useful, if catechetical, or useless, or even worse 
 than useless, if not so. 
 
 There is a large class of ordinary minds which are so con- 
 stituted that they must be taught individually, if ever they are 
 to be able to draw inductions from facts, or to comprehend 
 principles and apply them with exactness. There can scarcely 
 be a more effective process for producing disgust in the mind 
 of a student of inferior powers or defective education than 
 compelling him to attend lectures from which he can derive no 
 advantage. Such an one requires more careful attention and 
 more judicious treatment from the physician of the mind than 
 others whose mental condition is more vigorous. 
 
 It appears a very questionable course of policy to increase
 
 14 
 
 the number and augment the incomes of Professors, whether 
 useful or ornamental, when their services are not required 
 by the great body of the students. It is more probable that 
 Professors without auditors are almost certain to degenerate into 
 dormant professors and their offices into comfortable sinecures. 
 It is also to be apprehended that Professorships combined with 
 College Fellowships under the changed conditions of College life 
 may be productive of anomalies and abuses that have not as 
 yet been foreseen. 
 
 Under the powers of the Cambridge Act of 1856 the smaller 
 Scholarships and Exhibitions of most Colleges were consolidated 
 and converted into Minor Scholarships and thrown open to 
 Public Competition without any restrictions. The natural 
 result has followed, that these Minor Scholarships have been 
 and still are carried off by Students whose parents have been 
 able to give their sons a superior education, while those not so 
 favoured are entirely deprived of them. It must not be 
 forgotten that these benefactions were in most cases designed 
 to aid Students of Cambridge preparing for Holy Orders. 
 The inci easing demand for able and qualified men for the 
 Ministry of the Church, both at home and in the Colonies, 
 the Colleges of Cambridge have not been able to supply as 
 formerly. 
 
 Not long since it was found by calculation that no less than 
 one-third of the men ordained every year were without any 
 Academical Degree. If this practice continue, it is to be feared, 
 that larger numbers will be Ordained without an Academical 
 Education, and, as a consequence, the Order of Clergy of the 
 Church of England must become deteriorated. Symptoms of 
 this tendency are already apparent in the feeble powers exhibited 
 in too many pulpits of the Church of England. If these smaller 
 benefactions had not been converted, but retained and applied 
 to the uses for which they were originally designed, more needy 
 Students might have been admitted as Members of Colleges, 
 and have received the helps which the forethought of our 
 predecessors had provided for them. 
 
 And with reference to the surplus revenues of Colleges, the 
 increased demands on the Colleges present ample opportunities
 
 15 
 
 for the employment of any surplus In the carrying out more 
 completely the designs of their founders and benefactors. 
 
 The original design of all or nearly all the Colleges requires 
 that a suitable provision should be made for the succession 
 of a fixed number of Fellows in Holy Orders. 
 
 ,: An increased number of promising students of scanty means 
 might be educated if more extended pecuniary assistance were 
 rendered to such students. 
 
 A considerable amount of such surplus might be usefully 
 employed in the payment of teachers, who are competent to 
 teach, and able to render individual attention to students 
 whose inferior capacity or acquirements (of which the number 
 is great) require such assistance. 
 
 In his ungracious task, the writer forbears to add further 
 remarks, and in conclusion begs leave to submit for serious 
 consideration the following two questions from the discourse 
 of Dr. Ferrers, on the proposed changes: — 
 
 "Has the leading idea been that of adapting existing 
 "Institutions to modern requirements, of retainijag the main 
 " features of our system intact, while facilities are given for the 
 " developement of its energies in new directions, of so modifying 
 " the structure of our body politic, that while its powers are 
 " renovated and increased, it shall not lose its identity ? " 
 
 "Or, has the apparent object been to disregard the old 
 " landmarks, and to rear on the ruins of the Cambridge which 
 " we have known, an edifice more symmetrical, it may be, but 
 " dissociated from the memories of the past, and so deprived of 
 " that hold on the affection of all classes of its members, and the 
 " guarantee of stability from thence resulting which a connexion 
 " with those memories would secure ? " 

 
 
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