Pluralities. By 13 & 14 Vict. c. 98, s. 5, deans of cathedrals are not to 13 & 14 Vict. hold the office of heads of colleges or halls; and by sect. 6 c. 98. of the same act, heads of colleges or halls are not to hold a cathedral preferment and a benefice with their headship, unless either of them, the preferment or the benefice, are attached to and form part of the endowment of the headship (e). The Residence. saving in 1 & 2 Vict. c. 106, s. 38, of certain persons holding university and similar preferments from the operation of the laws as to residence of the clergy has been already set forth (ƒ). The provisions in 17 Geo. 3, c. 53, 1 & 2 Vict. c. 23 and 1 & 2 Residence Vict. c. 106, enabling colleges to lend money to the incumbents of houses. benefices in their patronage to enable them to build houses of residence have been already mentioned (g). tion of vicar ages. Colleges in Oxford and Cambridge, and the Colleges of Eton Augmentaand Winchester, may augment vicarages whereof they are rectors by the grant of the tithes or a portion thereof, like other rectors under 1 & 2 Will. 4, c. 45 (). sever benefices By 3 & 4 Vict. c. 113, s. 69, it is provided that, "So soon as 3 & 4 Vict. conveniently may be, and by the authority hereinafter provided, c. 113. such arrangements may be made with respect to benefices which Power to disare annexed by act of parliament or otherwise to the headships from headof colleges in the universities of Oxford and Cambridge, as may ships of enable the respective colleges, if they shall think fit, to sell, or colleges. themselves to purchase, the advowsons of such benefices, and to invest the proceeds in proper securities, with provisions for the payment of the interest and annual profits thereof to the respective heads of the colleges for the time being; and that upon the completion of the said arrangements respectively the existing incumbents of such benefices respectively shall be at liberty, upon resigning the same, to receive the interest and annual profits of the proceeds arising from such sales respectively." this power. And by 23 & 24 Vict. c. 59, s. 7, this last-mentioned section 23 & 24 Vict. "shall be construed to extend to and shall include as well bene- c. 59. fices with cure of souls, as ecclesiastical rectories, prebends, and Extension of other preferments without cure of souls, advowsons, and rights of patronage, whether exclusive or alternate, impropriate rectories, and other lands and hereditaments, annexed or belonging to or held either wholly or partly by, or in trust for, any of the universities of Oxford, Cambridge and Durham, or any college therein respectively, or either of the colleges of St. Mary of Winchester, near Winchester, and of King Henry the Sixth at Eton, or the head or any other member of any such college, and also to extend to and to include and to authorise sales by each of the same uni (e) Vide supra, p. 906. Sect. 5 has, however, the proviso that nothing therein contained "shall apply to the dean of the Cathedral Church of Christ in Oxford, as chief ruler of the college there P. VOL. II. maintained." (f) Vide supra, p. 888. (g) Vide supra, p. 1138. 1684. 5 M versities, as well as each of the colleges therein respectively and the said colleges of St. Mary of Winchester, near Winchester, and of King Henry the Sixth at Eton; and shall also be construed to enable the said universities or colleges to sell advowsons of benefices, the patronage whereof shall be vested in any person or persons in trust for any of the said universities or colleges or for the benefit of the head or any other member thereof respectively; and also to authorise, under the authority hereinafter mentioned, the annexation of the whole or any part of the lands or other hereditaments or endowments belonging to any such ecclesiastical rectory, prebend or other preferment without cure of soul, impropriate rectories, and other land and hereditaments aforesaid, or the application of the proceeds or any sale thereof; and also the application of the proceeds of any sale of advowsons and rights of patronage or any part of the proceeds of any such sales which may be made under the said section of the said lastmentioned act, or The Universities and College Estates Act, 1858' (i), or under any other authority, or of any monies, stocks, funds, or securities belonging to such university, college, head, or member by way of endowment or augmentation of any benefice with cure of souls, the patronage whereof shall belong to or be held in trust for or for the benefit of such university or college, or the head or other member thereof. Provided nevertheless, that the powers conferred by this clause shall not be exercised to the prejudice of the existing interest of any such head or other member of a college without his consent; and in case of any diminution being occasioned in the income of any such head or other member of a college by any sale, annexation, purchase or investment that may be made under the provisions of the said acts, arrangements may be made under the like authority for giving to such head or other member adequate compensation for such diminution of his income out of the revenues of such college, or out of the proceeds of any such sale or investment, and the said section of the said last-mentioned act shall extend to authorize under the like authority the purchase out of any of the corporate funds or revenues of any such university or college of advowsons of benefices, and also of any rights of perpetual presentation or nomination to benefices, whether such benefices be or be not annexed to or held by or in trust for any of the said universities, or any such college as aforesaid, or the head or other member of such college, to be added to those in the patronage of such university or college; and the words 'colleges' and 'college' in the said section of the said last-mentioned act, shall include the cathedral or house of Christ Church in Oxford, and the words 'proper securities' in the same section, shall be construed to extend to authorize and shall include the purchase of lands in fee simple; and also an investment on any of the parliamentary stocks or public funds of Great Britain; and all such securities, lands, and stocks or funds shall be settled, held, applied or disposed of any (i) 21 & 22 Vict. c. 44. in such manner as by the university or college effecting such sale, purchase, or investment, and by the like authority, shall be arranged and determined in that behalf; and every endowment or augmentation which shall be made by any university or college of any benefice with cure of souls under the authority of this section, or by virtue of the provisions of" 1 & 2 Will. 4, c. 45 (j), "or any other act or acts of parliament, shall be valid notwithstanding the clear annual value of such benefice shall, at the time of such endowment or augmentation, exceed or be thereby made to exceed the limits prescribed by" sect. 16 of the said act "or any other act or acts of parliament: Provided that no such augmentation or endowment, beyond the clear annual value of five hundred pounds shall be made under the said act,. . . . except with the consent of the Ecclesiastical Commissioners for England (to be testified by writing under their common seal) in addition to such other consent as may be otherwise required thereto." By sect. 8, provision is made as to the right of patronage in the severed benefice; by sect. 9, the provisions of the Lands Clauses Consolidation Act (k) are incorporated with sect. 69 of 3 & 4 Vict. c. 113, as extended by the act (31 & 32 Vict. c. 118), and by sect. 10 the ecclesiastical commissioners are constituted "the authority" for the purposes before mentioned. 81; Since then, by 34 & 35 Vict. c. 23, the benefice of Ewelme 34 & 35 Vict. has been separated from the Regius Professorship of Divinity at c. 23; 45 & 46 Oxford (); and by 45 & 46 Vict. c. 81, the benefice of Somerham 40 & 41 Vict. has been separated from the Regius Professorship of Divinity at c. 48. Cambridge, and power was given by sect. 25 of 40 & 41 Vict. c. 48, to separate a canonry in Rochester Cathedral from the Provostship of Oriel College, and by sect. 26 of the same act to sever a canonry in Ely Cathedral from the Regius Professorship of Greek at Cambridge. uses money advowsons. By 20 & 21 Vict. c. 25, s. 3, "It shall be lawful for any college 20 & 21 Vict. within the university (m) from time to time, with consent of c. 25. the visitor, to appropriate and apply any property, or the income Power to of any property, held by or in trust for the college, for the divert to other purpose that the same, or the income thereof, may be applied in holden for purchasing advowsons for the benefit of the college, to the purchase of augmentation of the endowment of livings in the patronage of the college to such an amount as may be by law allowed, or towards the building of fit and suitable parsonage houses on any livings in the patronage of the college, or to the foundation or augmentation of scholarships or exhibitions or to other purposes for the advancement of religious learning and education within the college; and in exercise of this power the college may annex to any living in the patronage of the college (by way of augmentation of the endowment of such living) any tithe rent(j) Vide supra, pp. 1681, 1683, (1) Vide supra, p. 1604. (m) Of Oxford. 1684. (k) 8 & 9 Vict. c. 18. 3 & 4 Vict. c. 113. Ely. charge which may be vested in the college, or any portion thereof, in consideration of the appropriation to other purposes of the college of a part of the trust property or income not exceeding the amount which the visitor shall adjudge to be an adequate consideration for the tithe rent-charge to be annexed; Provided that this power shall not extend to property or income applicable to the purchase of advowsons for the benefit of scholars or exhibitioners on any particular foundation within a college." By sect. 12 of 3 & 4 Vict. c. 113, two canonries in the cathedral church of Ely are to be annexed to the regius proCanonries at fessorships of Hebrew and Greek; and by sect. 15, it is enacted that provisions respecting the suspension of canonries shall not extend to any canonry in the chapter of Ely which may be annexed to any professorship. 40 & 41 Vict. c. 48. First fruits and tenths. Land tax. But so far as the regius professorship of Greek is concerned, sect. 26 of 40 & 41 Vict. c 48 gave the university commissioners power to separate it, as above stated (n), from the canonry of Ely annexed to it. By 1 Eliz. c. 4, s. 7, for the restitution of first fruits and tenths to the crown, it is provided that all grants, immunities, and liberties given to the universities of Cambridge and Oxford, or to any college or hall in either of them, and to the colleges of Eton and Winchester, by King Henry the Eighth or any other of the queen's progenitors or predecessors, or by act of parliament, touching the release or discharge of first fruits and tenths, shall be always and remain in their full strength and virtue (0). The provisions in 42 Geo. 3, c. 116, ss. 17, 78, for redemption and sale of the land-tax by colleges and other patrons of livings have been already mentioned (p). (n) Vide supra, p. 1613. Vide supra, p. 1360. (p) Vide supra, pp. 1366, 1368. CHAPTER V. SCHOOLS. SECT. 1.-Origin and kinds of Schools. 2.-Ecclesiastical Jurisdiction over Grammar Schools. SECT. 1.-Origin and kinds of Schools (a). under schools. It has been observed in the last Chapter that the earliest origin Origin of of universities is to be traced to the schools which grew up the shelter of the church. The general establishment of universities throughout Europe overshadowed these humbler seminaries of religious and useful learning, and were occasionally designated by their name. We find after the tenth century the appellations of "schola" and "studium generale" applied by contemporary writers to the universities which were yet in their infancy. But during the earlier centuries of the Christian era, the schools of the church were, in this country particularly, but indeed in all with very few and special exceptions, the sole source of education. The school which obtained the earliest celebrity was that of Alexandria, which numbered among its disciples St. Athanasius, and among its preceptors Origen. Thomassinus says, that in this school "literæ humaniores" were taught as well as the Scriptures. Theodoret bestows great praise on a similar institution at Edessa. During the sixth, seventh and eighth centuries, from the time of Clovis to Charlemagne, there appear to have been four distinct kinds of schools more or less prevalent, not only in Europe, but in such parts of Asia and Africa as had witnessed the establishment of the church. 1. Schools in the parochial districts. 2. Schools in bishops' houses. 3. Schools in monasteries. 4. The school of the archdeacon, which seems to have been peculiar to Africa. In these schools were educated not merely those who were destined to discharge clerical functions, but all those who were to be employed in any civil offices of the state. Charlemagne (b), (a) Thomass. Vetus et Nova Ecclesiæ Disciplina, pt. ii. 1. 1, cc. 90-100; vol. iv. pp. 566-630. |