<&& 4 'nil i .«l,..iv The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030553980 Cornell University Library L341 .B2 1871 Report s) from the Select committee of t 3 1924 030 553 980 olin Overs FIRST REPORT FROM THE SELECT COMMITTEE OF THE HOUSE OF LORDS ON UNIVERSITY TESTS; TOGETHER WITH THE MINUTES OF EVIDENCE, AND APPENDIX. Session 1871 Ordered to be printed 23rd March 1871. FIRST REPORT - p. iii MINUTES OF EVIDENCE - - . . ... . _ . p . i APPENDIX - v»- . 335 ( Hi ) FIRST REPORT. BY THE SELECT COMMITTEE appointed to inquire into the best Mode of providing proper Safeguards for the Maintenance of Religious Instruc- tion and Worship, and for the Religious Character of the Education given in the Universities and the Colleges thereof, in any measure for enabling Persons not now eligible to hold offices therein. ORDERED TO REPORT, That the Committee have met, and have proceeded with the consideration of the subject-matter referred to them, and have examined several Witnesses in relation thereto, and have directed the Minutes of Evidence taken before them, together with an Appendix thereto, to be laid before your Lordships. (17.) a 2 ( iv ) ORDER OF REFERENCE. Die Lunce, 13 u Februarii, 1871. Universities of Oxford, Cambridge, and Durham. Moved, That a Select Committee be appointed to inquire into the best mode of pro- viding proper safeguards for the maintenance of religious instruction and worship, and for the religious character of the education given in the said Universities and the Colleges and Halls thereof, in any measure for enabling persons not now eligible to hold offices therein. Agreed to (The Marquess of Salisbury) : The Committee to be named To- Die Martis, 14° Februarii, 1871. University Tests. Select Committee on : The Lords following were named of the Committee to inquire into the best mode of providing proper safeguards for the maintenance of religious instruction and worship, and for the religious character of the education given in the Universities and the Colleges thereof, in any measure for enabling persons not now eligible to hold offices therein : The Committee to meet on Friday next at Three o'clock, and to appoint their own Chairman : Archbishop of York. Lord President. Duke of Somerset. Duke of Marlborough. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl of Morley. Earl Beauchamp. Earl Eunberley . Bishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. Lord Hartismere. Die Veneris, 17° Februarii, 1871. The evidence taken before the Select Committee from time to time to be printed for the use of the Members of this House ; but no copies thereof to be delivered exceDt to Members of the Committee, until further order. ' v [ 1 ] MINUTES OE EVIDENCE, (170 [ 2 ] LIST OF WITNESSES. Die Martis, 21° Februarii, 1871. Page The Very Eeverend Robert Scott, d.d., Dean of Kochester ... - 3 Die Veneris, 24° Februarii, 1871. The Reverend H. W. Cookson, d.d. - - - - - - - -19 Professor George Gabriel Stokes - - - - - - - - -31 Mr. Charles Appleton ....-------43 Die Martis, 28° Februarii, 1871. The Reverend Henry Parry Lidden, d.d. - - - - - - - -61 The Very Reverend Henry Longueville Mansel, d.d., Dean of St. Paul's - - 83 Die Veneris, 3° Martii, 1871. The Reverend William Hepworth Thompson, D.D. ------ 101 Mr. Charles Neate 119 Mr. Numa Edward Hartog 131 Die Martis, 7° Martii, 1871. The Reverend Joseph Angus, d.d. --------- 139 Mr. Charles Savile Roundell - - - - - - - - - -151 Mr. Charles Appleton 168 Die Veneris, 10° Martii, 1871. The Reverend William Ince - - - - - - - - - -173 The Reverend William Magan Campion, d.d. ------- 191 The Reverend Edward C. Woollcombe -----.._ 204 Die Martis, 14° Martii, 1871. Thomas Waraker, Esq., ll.d. --. 215 The Reverend Francis Knyvett Leighton, d.d. ------. 228 The Reverend Henry Allon - - - - - - - - - -241 Die Veneris, 17° Martii, 1871. Charles Reed, Esq., m. p. -------- _. 255 The Reverend William Henry Bateson, d. d. - - - - - . 274 The Reverend Edward Atkinson, d.d. -------- 283 Die Martis, 21° Martii, 1871. Mr. Henry Strange Hume ... ----._ 293 The Reverend Benjamin Jowett ---..____ 293 The Reverend Alexander Raleigh, d.d. -----.__ 317 The Reverend John Stoughton, d.d. -------- 325 ( 3 ) Die Martis, 21° Februarii, 1871. LORDS PRESENT Duke of Somerset. M.arqties8 of Salisbury. Earl Stanhope. Earl of Harrowby. Bishop of Gloucester and Bristol. Lord Colchester. Lord B.OSEBERY. Lord Lyveden. Lord Houghton. The MARQUESS OF SALISBURY in the Chair. The Very Reverend ROBERT SCOTT, d.d., Dean of Rochester, is called in ; and Examined, as follows : 1 . Chairman^] You were Master of Balliol College for many years, I believe ? Rev. R. Scott, d.d. I was Master of Balliol for about 16 years. ' 21st Feb. i87i 2. You are of course acquainted with the provisions of the Bill which is now . ■■ before Parliament, and which was before this House last year ? I made myself acquainted with them last year. I believe the present Bill is the same as that of last year. 3. What is your opinion with reference to the power of the head of the college in governing the course of education as to moral and religious questions ? Theoretically it is very great ; in practice, in consequence of the perfect freedom of determining everything by a majority of votes in the college meeting, it is very much less than it used to be. 4. Who appoints the tutors ? The head of the college appoints the tutors. 5. Purely by his own authority, or subject to any appeal to the college meeting ? Subject to no appeal to the college meeting ; but he has not the command of the fund from which they are paid, without being associated with the college meeting. 6. He is in the position of a constitutional monarch ; the power of the purse resides elsewhere ? Yes, exactly. 7. Do you mean to say, then, that if a tutor whom he appointed was un- pleasing to the college meeting they could entirely deprive that tutor of remuneration ? How far they would carry their opposition in an extreme case I cannot say ; but they seem to have the power ; and I have known an instance where it was intimated to the head of a college that that power might be exercised. 8. Is the allowance, derived chiefly by assignment from the funds of the college, or from the payments of pupils ? From the payments of pupils. (17.) ' A2 9- Bu * a ist 4 MINUTES OF EVIDENCE TAKEN BEFQRE THp Rev. R. Scolt, u.d. g> Eut it lies with t i ie co u e g e mee ting to determine whether any or what ; Feb. 1871. P art of those payments shall go to the general service of the college ? If it is not so, it is in the power, I believe, of the college meeting to vote that it shall be so. 10. You say that there was an instance in which it was intimated to the head of a college that the college meeting would use its power of refusing funds if a certain appointment was made ? I beg your Lordship's pardon ; I did not say " would," but " might." 11. Which, I suppose, meant that the person who intimated it would do his best to induce the college meeting to take that course ? I should infer so ; on an emergency. 12. Without further enquiring as to the place or time when such a thing occurred, will you inform the Committee whether the objection was on the ground of the opinions of the person proposed to be appointed ? It was an abstract question ; it was not with reference to any individual. It was a statement of the power without reference to its being exercised in the case of any individual. 13. But I suppose it was intended to warn the particular head to whom it was addressed, from some course of action which he was assumed to be then contemplating ? I do not think it was ; I think it arose out of conversation on those subjects generally, in the course of a college meeting. 14. But practically you would be of opinion that such a power would act as a trammel upon the head, restricting him from making appointments that would be distasteful to the majority of the fellows ? Undoubtedly ; and I might add that there are other trammels too, such as the necessity for the body of tutors and lecturers working harmoniously together, and the relations between the head and the fellows generally, which would make it verv difficult for any head to exercise his choice with entire freedom. 1 5. Must the tutor be a member of the college ? Not necessarily. 16. In practice he is almost always so, is he not? Yes, generally. 1 7. It would be accounted to be rather a confession of poverty on the part of a college if they went outside their walls, would it not ? Of late years there have been some instances of it, but 1 do not know exactly what the circumstances have been ; they were not in my own college. 18. But the result of your experience is that the college meeting takes great interest in the appointments of tutors, and to a considerable extent con- trols them ? I think so ; and at Balliol the college meeting elects the " Lecturers." 1 9. I suppose that that control would extend to a selection of the tinge of opinion which should distinguish the tutors in respect to any abstract subjects that might be violently agitated at the time ? I am not prepared to say that. Unless it was suspected that the head was acting with a view to modify opinion in the college, I should scarcely think it would go so far. 20. Coming to particulars, should you esteem the fact of the head being a member of any particular religious community to be, supposing all other hindrances away, any guarantee for the opinions of the tutors of that college ? In favour of that, there would be whatever personal influence the head might have ; there would be the double vote on the part of the head ; and there would be generally speaking a disposition on both sides to act fairly with one another; but still, in extreme cases, I have no doubt that the vote of the col- lege meetings, if carried by a decided majority, would in the end preponderate. 2 1 . The master is chosen by the college meeting also, is he not ? He is, except in the case of one college in Oxford. 22. Has SELECT COMMITTEE ON UNIVERSITY TESTS. o 22. Has the master any special power with reference to the chapel ? Rev.il. Scott, d.d. To a certain extent ; but there also he is liable I think, practically, lobe p~T~q overruled by a vote of the college where they thought it important to inter- 31 st e ' ! 7 '' fere. 23. Is the college meeting omnipotent in respect to the chapel ? The only limits to its power, I think, would be those which the visitor might point out upon appeal. He might say that in certain things they had over- stepped their functions. 24. But setting aside the statutes of the college and the statutes of the realm, there is no other limit to the power of the college meeting over the chapel services ? There are certain words in the University Reform Act, which perhaps might have some effect upon the question, but I cannot charge my memory with the particulars. 25. Supposing a scheme was started for making the college service, as it would be phrased, " inoffensive " to any body of religionists, would the college meeting have the power of carrying out such a view, assuming of course that the Act of Uniformity had ceased to operate? Yes, I believe it would. The head, if he objected, or any number of objectors would have the right of appeal to the visitor, and it would be for him to say whether the college had exceeded their powers. 26. The visitor, of course, could only be guided by the college statutes ? Yes, only by them. 27. The college statutes can be altered by the consent of the college, and of any other body? There is a legal question of some difficulty with reference to that ; one clause of the University Act speaks of a certain majority (two-thirds, I think it is, or three-fourths) being necessary, with the consent of the Visitor ; another speaks of the consent of the Queen in Council. It is questioned whether both these con- ditions apply to all cases, or whether one applies to some and the other toothers. 28. Who is the Visitor of Balliol College ? At present the Bishop of London : he is not so officially ; Balliol elects its Visitor. 29. The college meeting elects its Visitor ? Yes ; but that is the only case in Oxford of the kind. 30. So that it stands thus, that the college choose the only person who could hinder them from doing what they liked with the chapel ? Yes. 3 1 . Can they make any person their Visitor ? I think so. 32. There is no restriction as to holy orders or the like ? I believe that there is nothing to make it incompetent for a layman to be elected. In three cases the Crown is Visitor : the Chancellor of the University is Visitor of Pembroke College ; and the Earl of Pembroke is hereditary Visitor of Jesus College. 33. Earl Stanhope.] Who was the last Visitor before the Bishop of London ? Bishop Kaye, of Lincoln. 34. Chairman.] I presume it is the Bishop of London individually, not offi- cially, who is the Visitor ? Individually. 35. Has the head the power of directing the course of lectures in the col- lege? In theory, again, he has : but it would be very difficult for him to interfere much with the discretion of the tutors on the subject. 36. Who assigns the pupils to the different tutors ? That is done differently in different colleges ; in my own college it is a matter (17.) A3 of 6 MINUTES OF EVIDENCE TaKen Before the Rev. R. Scoit, D.r. of private arrangement among the tutors themselves. I may say that the emo- 31st "^T lP luments of the tutors do not depend upon the assignment of the pupils ; the e J 1' tuition fees are paid to a common fund, and the tutors and most of the lec- turers are paid out of that fund, 37. But supposing that there are in any college, Theological or Divinity- lectures (I believe there are some in Balliol), who appoints the person who is to deliver them ? There is what is called a catechetic lecture in Balliol, delivered in chapel on Sunday evenings, on a separate foundation, which is in the appointment of the master : and it has been ruled that this is more independent of the college meeting than the other appointments. 38. Is there not a practice in Balliol of giving lectures .preliminary to the Sacrament - When I was tutor that was done regularly by all the tutors ; up to the last portion of my connection with the college it was still continued by some, but not, I believe, by all. 39. Of course there is no question of control upon the character of that lecture ? None whatever ; it is a private matter in the tutor's own room. 40. The head has no power of removing a tutor, has he ? 1 should rather not answer ; I am not clear as to the law upon that subject. 41 . Is there anybody who has thepower of removing a tutor ? I am not sure, ; I am expressing myself doubtfully, in consequence of my experience having been in a college which has always borne a rather demo- cratic character ; I know that in other colleges there have been instances of the dismissal of tutors by the head : and there have been, I believe, difficulties occurring in the colleges in consequence. 42. The University has the power of degrading a man for open heresy,\has it not ? Yes. 43. And that has been done r It has been done. 44. In the case of a member of your college, I think 1 In the case of a member of my college. 45. And I think that member was then a tutor ? Not technically a tutor ; he was mathematical lecturer. 46. I suppose that when that degradation has taken place, the person so degraded ceases ipso facto to be a tutor? I do not know what took place upon that occasion, I was not in Oxford ; it was after I ceased to be a fellow, and before I became master. 47. A degree, however, is necessary, is it not, to the fellowship of a college ? It was not at that time : for we had the power of electing our own scholars, before they took their degree, to fellowships. That privilege of the scholars has been done away with since ; but still it is only required that a man shall have passed the examinations necessary for a degree. 48. You do not know then whether any position in a college would be lost by the loss of the University degree f No, I do not know. 49. Would it be lost by the loss of membership of the University ? Yes, I presume so ; in fact, I have no doubt of that. 50. That is a power also which the University possesses ? It is. 5 1 . Has it ever been exercised in your knowledge ? Not within my knowledge. 52. What is the nature of the power exercised by the Visitor. Is it more than a judicial power operating - on the statutes ? He SELECT COMMITTEE ON UNIVERSITY TESTS. He would have the power to visit of his own motion without being called Rev. R. Scott, r upon, with reference to the statutes ; but the ordinary intervention of the r~ Visitor is either to explain the statutes, or to inquire whether they have been 2 18t e ' 1 7 contravened, upon appeal, or to judge of the financial affairs of the college upon the statement of their accounts which has to be provided once in ten years. 53. But whether he is moved to act by his own wishes, or by an appeal from the college, he has no power to do more than to enforce the statutes, has he ? He sanctions or vetoes, in certain cases, rules and bye-laws made under the University Act and the statutes of the college. 54. What penal powers has he in case of the infraction of the statutes ? He can remove any member of the foundation. 55. Have you any opinion to express with reference to the Bill which is now under discussion. Are there any provisions which, in your judgment, it would be satisfactory to insert in it, for the protection of religious education ? I am afraid that my opinions are altogether unfavourable to the Bill ; but I am not prepared to suggest alterations. 56. You do not think that any of the safeguards which have been suggested would be of efficiency ? I think that all the safeguards that I have seen suggested depend so much for their working power upon the state of public opinion in the colleges and in the University, that (looking to the present state of that opinion) I am not hopeful. 57. Do you think the state of opinion in the University is so hostile to any protection to religious education, that no safeguards will be of much effect ? It seems to me that the current of public opinion there is setting so strongly in that direction, and with every appearance of growing strength, that T do not see much hope of mere legal provisions overcoming it. 58. You do not think that any greater power assigned to the University, of control over the teaching of the colleges, would be attended with any salutary result ? The University itself is the body in which I think I see that growth of opinion in the contrary direction. 59. You do not contemplate the existence of a possible state such as this : that the University at large might be in favour of a certain amount or extent of religious teaching, and some individual college might by accident have fallen into the hands of those who were hostile to it altogether ? I was not contemplating that case ; in such a case no doubt the University feeling would make itself known, and might be effective. 60. Is not the constitution of the colleges rather favourable to such an accident in times of divided opinion, from the scantiness of the number of electors ? The members of the foundations of colleges are now so freely elected from all portions of the University, that I think the tendency is for all colleges to take pretty much the same colour during the same era. 61. That depends, does it not, upon the conscientiousness of the electors? I assume that the fellowships are filled up by a fair judgment of the intellectual qualifications of the candidates. 62. But in all colleges, is not there a reserve of the power of allowing other considerations to weigh ? Yes ; " fitness for the service of the colleges as places of learning and religion," are the terms, or something like the terms in the ordinances of the colleges ; but the difficulty of making a competitive scale of those considerations tends very much to make the election to fellowships a matter of intellectual competition merely. 63. How many fellows are th«re at Balliol ? Eleven. 64. Do all those reside ? Not all ; we have one permanently non-resident, and another non-resident (17.) A 4 temporarily, 8 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. .R. Scoff, p.p. temporarily, on account of ill-health. When I say that one is permanently 21st Feb. 1871. non-resident, I should add that that fellow attends the important college meet- ings. 65. Earl of Httrrowby.~] You are aware of Sir Roundell Palmer's proposed clause ? Yes ; it is one similar to a provision existing in the Scotch Universities. 66. It is to the effect that no person in his public capacity shall say or do anything to impugn the Christian faith or the authority of Holv Writ? Yes. 67. Should you see any objection to such a provision, or should you see any advantage in introducing it r I confess I should not see much advantage in it ; it is not what a professor' may teach definitely in public that I am afraid of; I believe that there are many considerations which would of themselves prevent a professor at present from teaching things shocking to other men's minds from his chair. 6$. You think that the control over him therefore in his public capacity is not the important point ? I do not think that it would relieve us from the difficulty. 69. Are you aware of a suggestion which Professor Rolleston made before this Committee last year ? No, I am not. 70. Professor Rolleston was in favour of the Bill generally, but objected to it upon certain points : he stated in evidence '• My reason for objecting to the Government Bill is that I think that it admits of being read or interpreted in an anti-denominational spirit ; and although there is no doubt that an anti- denominational spirit is the spirit of a large number of persons who are in favour of the abolition of tests, yet there are many who, whilst, like myself, in favour of the abolition of tests, are distinctly not anti-denominational In their spirit. I can put my objection, I think, in a plain way, by asking the Com- mittee to refer to the Government Bill, and look at the last clause, clause 5, where the words are ' Any statute or ordinance of the said Universities or colleges so far as it is inconsistent with this Act, shall be repealed.' I think that such an ordinance as that which was laid down after the University Com- mission of 1854, whereby the governing body in each college was directed or instructed to have special regard to considerations of the interests of the college as a place of religion and education might be considered to be repealed by such words as those that I have quoted from the end of Clause 5 ;" that was the apprehension under which Professor Kolleston was proceeding when he sug- gested this modification : he said further on in his evidence, " The clause which has suggested itself to me, and which has been suggested by others, and in the House of Commons Debates, would run somewhat in this way : ' Nothing in this Act contained shall be so interpreted or construed as to prevent the governing body ot any college from having special regard to considerations of the religious interests of that society in electing persons who are to serve as their tutors ;' that is a permissive clause." He goes on to argue in favour of it as leaving; men at liberty m a way that possibly they might be supposed not to be at liberty unaer the provisions of the Bill, to look to the religious character of the person chosen as a qualification for the office of tutor ; he thinks that as a statement of objects of a religious nature it would act upon the honourable feelings of electors, and induce them to have regard to this point, and not to be governed solely by intellectual distinction ; what is your opinion upon that sugglstion ? nf rtJr •! ^t- Y-fl h ,f e SOme SUch P rovisi011 b y ™Y of a declaration of the limits within which the Bill was intended to work. Al/i'A^u 8 aWiirP that that T eSti0n arose in some sha P e in a case in which ™ P =V aS concei ™ d > ^ich was heard, I think, before the Arch- bishop of Canterbury as to the necessity for th, electors of All Souls taking into consideration intellectual excellence as determined by degrees soMy ? 1 es, I remember that that point was debated. 72. Do you remember how that case concluded ' I think that the college was held to be entitled to weigh other considerations as SELECT COMMITTEE ON UNIVERSITY TESTS. 9 as well as the intellectual results of competition ; but I am speaking from an Rev. E. Scott,v.v. imperfect recollection. ^straT^i. 73. What would be your opinion generally of the advantage of retaining in the Act a recognition of religious character as one of the elements of fitness fo the position of a tutor ? I think it would be valuable to have such a recognition recorded in the Act. 74. Earl Stanhope.] I wish to ask you one question, as to which would be the superior authority ; take the case of a college in which it was desired either to dispense with or to diminish the religious teaching, and then suppose that the governing body of the University desired such teaching to be maintained ; which of those two authorities would be paramount, and would prevail ; would it be the local authority or the general authority ? Whatever requirements were embodied in a statute of the University with respect to the teaching of the tutors, I believe the University under the present law could enforce. There is one such requirement ; namely, that the tutors shall teach their pupils the Thirty nine Articles. 75. But in such a conflict as I have put to you, supposing such a conflict to arise, which party could carry its point in the end ; would the religious teach- ing be diminished if the college wished it, whatever the University might say, or would the contrary result be arrived at ? I think it would be very difficult for the University to enforce the thorough carrying out of its own law. There are so many ways of formally obeying a statute without adopting its spirit. 76. Then, in fact, the college authorities would prevail : Practically, I think that they would. 77. Lord Ly veden.~\ What public opinion is that which you refer to as being so prevalent, that you think it useless to establish any safeguards for religious education in opposition to it, or without its support ; of whom does that public opinion consist ? Generally, of the younger members of Congregation and fellows of the colleges, including many of the leading members of Congregation. 78. Then you think among them there is a decided objection to tests of religious opinion ? I think that that is the general leaning or tendency of their opinions. 79. And that is an increasing tendency ? Up to the present time it has seemed to me to be so. 80. Are you resident in the University now ? No, I have not been resident since last summer. 81. Then I presume your means of ascertaining its opinions are by personal communication with the residents r I speak rather of the state of things, as I thought 1 observed it, during my residence. 82. How long have you ceased to reside ? Since last Midsummer. 83. Lord Houghton.'] How long were you at the head of your college ? Sixteen years. 84. Have you, during that time, practically seen any change in the working of the college as regards the election to fellowships ? A very considerable change in many respects has taken place within that time by the action of the University Reform Act and the Oxford Commissioners who gave ordinances for the different colleges. 85. But apart from what you may consider the external action, have intel- lectual qualifications become more exclusively regarded than they were during the earlier years of your headship 1 I do not see much change in that respect in my own college ; but the principle has extended itself all over the University now to a considerable degree. (17.) B 86. Have 10 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. R. Scott, d.d. 86. Have you practically, without of course referring to any individual cases, vV 8 known occasions on which other than intellectual qualifications have been ? 1, seriously regarded in the election to a fellowship ? I have seen differences of view among the members of the electing body on those points, but I think that the prevailing mode of viewing cases was usually an intellectual one ; of course we had testimonials and assurances of good character. 87. Would you anticipate, supposing that the tests were generally abolished, that any practical change would take place in the election to, and in the admi- nistration of, the functionaries in your late college ? There would be a prospect of some persons becoming eligible to fellowships who are not now eligible. There was certainly a general disposition to do away with all restrictions : but I do not know that there would be any very decided or sudden difference of policy in the college from what it has followed hitherto. 88. Lord Colchester.] I think you stated that the present Bill was nearly the same as the Bill of last year ? I understand so. 89. I think the Bill of last year contained a clause added in the House of Commons specially with reference to the heads, did it not ? Your Lordship refers to the provision that they were still to be clergymen. 90. Was not there a clause in the Bill last year which threw open the head- ship, which was not originally thrown open when the Bill was introduced into Parliament ? I forget. 91. Do you attach any particular importance to the presence or absence of any such clause ? I think it very desirable indeed that the qualification should be retained where it exists ; but it does not exist in all colleges. 92. Are you speaking of Holy Orders ? Yes. 93. I refer to memberships of the Church of England; do you think that a safeguard of any importance, and if so, do you think that it would be a practicable one to enforce ? It would, in my opinion, be desirable, and might be enforced. 94. Do you think that if the fellows belonged to various religious bodies, the election of the head would be likely to be hotly contested on theological grounds, supposing no tests to exist either for the head or the fellows ? Yes ; very likely. 95. But if the head could only belong to the Church of England, such contests would be less likely to take place, would they not ? The contest then would be limited to the choice between different leanings within the Church of England, and would perhaps be less violent. 96. There are two instances, are there not, namely, Christ Church and Worcester Colleges, where the head is appointed externally ? Yes ; I was wrong in a previous answer (21) ; there are those two cases. 97. Do you think that if the test was abolished such inconveniences would in the end arise that the election of the head by the fellows might be gener- ally departed from, and that it might be felt to be desirable to increase the system of the head being nominated externally ? I do not see any probability of that. 9 f' P°y°.\ tllmk . th , at the election of fellows which, at present, is usually conducted with special regard to the results of examination, would be less likely to be so conducted eventually if candidates were likely to appear belong- ing avowedly to different theological sects, or possibly having no definite theological opinions at all ? ° In case of a marked division of religious opinion in a college that element might very seriously interfere. 99- And SELECT COMMITTEE ON UNIVERSITY TESTS. 11 99- And in the case of your own college, which elects its own visitor, the elec- Rev. R. Scott, d.». tion of the visitor might very likely, I suppose, take the same form, might it not ? It might. 2ist Feb. 1871. 100. The phrase which you referred to with regard to a college being "a place of religion and learning " might possibly be interpreted, might it not, by the fellows as giving them a right to vote against a candidate on the ground that his religious opinions were likely to be injurious ? Yes. 101. There is no means, is there, by which a fellow could be prevented from so voting ? There is no means by which he could be prevented from so voting : nor, I apprehend, could there be any legal proof of the vote of any individual fellow. 102. Then I may say, may I not, that considering what the University would be likely to be, if there was a serious danger of an influx of a great number of persons hostile to the Church of England there would be many who would so vote ? That is possible, supposing that there was a predominant number of the fellows who took that side. 103. Or even if there was a large minority might it not happen that the contest would assume a theological character ? Yes. 1 04. I think you said that you did not see any safeguard that you could suggest which would prevent any such inconveniences ? I do not see any such safeguard, because my experience tells me that formal legal enactments do not go far to prevent the action of general opinion. 105. I think it was suggested at one time, was it not, that a college might be empowered either to maintain or to abolish the tests at its own pleasure for simple college purposes ? I think that suggestion was made. 1 06. I believe it was objected to on the ground of the great theological animosity -and the divisions which it might cause within the college ? I do not think that objection very important. 107. In fact, such a provision would very likely not cause more dispute or heartburning than, as you have already said, might arise upon an election of a .head or fellow ? Yes ; or on many other occasions. 108. In fact, if the governing body of a college was in any case composed of men of different theological opinions, some being Roman Catholics, some belong- ing to the Church of England, some belonging to other sects, and some having no religious opinions at all, do you think that its harmonious working would be impaired ? Yes, it certainly would. 109. Then should you consider that it would have any value as a safeguard if the college had any such power left to it, or that any considerable incon- venience would arise from leaving it to the college to decide for itself as to the question of tests, whatever might be done with respect to the University tests at large ? I should rather see it left to the college than see the tests absolutely abrogated. I I o. Then your opinion would be, that if the abolition of all tests for degrees in the University appeared to be inevitable, there would be some value in leaving each college the individual power of deciding whether it would throw open its fellowship or not ? There would be some advantage in that. 111. That would be a safeguard which you would approve of ? Yes ; so far as it went. 1 1 2. The power of degrading from a degree on theological grounds which has been referred to, would, of course, be swept away by this Bill, would it not, by the very fact;, that tests for degrees were abolished ? I suppose that no theological opinionswouldbe an offence against the University Law, if tests were altogether abolished. (17.) b 2 113. You 12 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. R. Scott, d.d. 1 1 3. You do not contemplate that power remaining in the University ? No. 21st Feb. 1871. 114. Do you consider that there is a great difference with respect to the merits of tests between those fellowships and endowments which may be con- sidered as prizes, and those which may be considered as offices of trust ? Supposing that a scheme was carried out, which I have seen mentioned, of dividing the fellowships between what may be called University prizes, and pro- visions for the tuition and government of the colleges, I can conceive that the prize fellowships might be relieved from all restrictions with less danger than the others. 1 15. And the supposed grievance to a person who has taken distinguished honours in not being able to obtaiu a fellowship or other University emolu- ment, could only be maintained with regard to him so far as they were prizes, and not so far as they were offices with any duty or trust attached to them ; do you think that that distinction would be admitted? I do not think it would be admitted by those upon whom the grievance, if it was one, would fall. 116. You think that they would consider that they had not only a vested right to a reward, but a vested right also to power and influence ? I think that would be their claim. 117. Do you not think that it would be possible to retain any test for cer- tain fellowships and tutorships which it might be necessary to abandon for prize fellowships ? It might be retained; but what I meant was that I do not think that would satisfy those who consider themselves aggrieved. 118. You think that it would not be a final measure ? I should not like to express an opinion upon that. II g Do you consider that any distinction can be taken between endowments dating from before the Reformation and those which were given specially to the Church of England since the existence of different religious bodies in the country ? I think that such a distinction is reasonable. i2u. You would be in favour of a clause, then, such as was suggested recently in the case of the Irish Church Bill, with regard to the date of the endowments ? I am afraid that the University legislation has already gone beyond that. Fifty years was the only limit prescribed to the Oxford Commissioners in dealing with foundations. ' 121. Did the Oxford Commissioners deal with any religious question ? No; I am referring to pecuniary matters: My meaning is that" every foundation which was more than 50 years old was treated as being within their power to modify. 122. Have you many post-Reformation endowments in Balliol? Yes ; I may say, taking fellowships, scholarships, and exhibitions, endowments of the mastership, and miscellanies together, that the post- Reformation endow- ments of Balhol amount to about 3,700 /. a year, besides the advowsons of several benefices. We have also received 15,300/. in donations for building purposes (perhaps more ; but I know of these) within the last century and a half! 123. I think you have one endowment which was specially intended for the purpose of promoting Episcopacy in Scotland ? Yes ; but the courts of law have upset that purpose. 124. That being an ungraduated endowment, I think, is not under any test It is not under any test at present. Yes' The h ° lder ° f {t W ° Uld naturally be an undergraduate, would he not ? 126. I think you stated that it was not likely that there would be any great difference between public opinion in different colleges at the same time ? I think SELECT COMMITTEE ON UNIVERSITY TESTS. 13 I think that the system of free election in all colleges from all colleges must Rev. B. Scott, d.d tend to assimilate the opinions within the different colleges. 4 ° 21st Feb. 1871. 127. I think the only colleges where there is any restriction on the part of the scholars are New College and St. John's, are they not ? There are some restrictions at Jesus College in favour of Wales. 1 28. But not in favour of the junior members of that college ? I can only speak doubtfully on that point. 1 29. Do you think that a college having any particular colour or position would lead men, ceteris paribus, to seek a fellowship there more than else- where if one happened to be vacant ? Young men frequently show a preference of that kind by abstaining from trying for fellowships at one college and waiting for a fellowship at another. 130. Might that not be still more increased under the greater varieties which might exist in the University in consequence of the abolition of all religious tests r Yes, it might. 131. And also in a college which has a very brilliant body of scholars it is very probable that they will become a very large proportion of the senior body ? Yes. 132. I think that has been the case particularly at Balliol, has it not? Yes. But 1 think that Balliol has men of its rearing in almost all the colleges of the University. 133. Then you consider that the only possible safeguards to which you would attach any value would be retaining the test with reference to the head, and if possible giving the college itself power to maintain or repeal the test, even though tests for University degrees were taken away ? I should wish to see those provisions carried, valeant quantum ; though I am not confident as to their great efficacy. 1 34. Is your principal doubt as to their efficacy, or as to their permanence ? With regard to both. 135. You do not think they would do much to maintain the harmony of the college ? Not very much. 1 36. With regard to Divinity lectures, is it not usual in almost every college to have lectures on the Articles with reference to the examinations, which require a knowledge of the Articles ? The University Statute requires that. 1 37. And of course such lectures exist in every college ? JS doubt they exist in every college. 138. Would they be liable to much modification in the hands of a body con- taining many members who did not belong to the Church of England ? The lecturer of one year might give a very different exposition of the Articles from the lecturer of another year. 139. If a large number- of fellows were Dissenters there might not be much choice ; at any rate those lecturers would be appointed by or under the influence of persons, many of whom were not members of the Church of England ? The Tutors (who are required to give these lectures) would be appointed under their influence, but not formally by them ; they would be formally ap- pointed by the head. J 40. Of course if the test for the head were taken away his appointment might be almost wholly in the hands of persons who were not members of the Church of England ? But then I can scarcely conceive that statute remaining long under such altered circumstances. 141 . You think, therefore, that the teaching of the Articles would be expunged from the University examinations ? I think it probably would. (17.) B3 142. Even H MINUTES OF EVIDENCE TAKEN BEFOEE THE Rev.i?. Scott, d.d. 142. Even for persons who were members of the Church of England ? Yes ; except in the theological school. aist Feb. 1871. 143. I mean for examinations in arts ? I refer to the new school of examinations in theology for a degree in arts, which has lately been founded . i -| 4. You allude to a change which is at this moment scarcely in operation, is it ? It is in operation. 145- You think that the repeal of the test would tend to separate all the teaching with reference to the Church of England from that on other subjects except with reference to the theological school ? I think that the result would be that the necessity laid upon the tutors to teach their pupils the Thirty-nine Articles must cease, and that the requirement that a man should be examined in the Thirty-nine Articles for his degree in arts must also eventually cease. 146. Lord Rosebery.~] I wish to put one or two questions to you merely for the purpose of elucidating the matter. Is there any official notice of a tutor's appointment given by the head to the body of fellows after it has been made ? It is generally announced simply in the way of private communication; there is constant intercourse between the head and some or other of his fellows. I do not recollect that I made any formal communication on the occasion of appointing a tutor. 147. And there is no necessary consultation with them anterior to the appointment, although the impression on the head's mind might be that the purse-strings might be tightened in case of an unpopular appointment ? No such consultation is necessary. 1 48. And there has been no instance of any objection from a body to the appointment of a tutor ? None in my own case ; I can only speak with certainty as to that. 149. Should you be inclined to say that the power of the head in that way was practically unrestricted ? No. 150. You think that there is a restriction in the possible objection of the body of fellows, although none has ever yet been made ? I certainly do. 151. You spoke of difficulties occurring in a college after the dismissal of a particular tutor ; can you tell us what kind of difficulties they were ? No, 1 cannot ; I was speaking from a general impression of what I had heard at the time. 152. With reference to the Bill which is now before the House of Commons, do you think that after the abolition of tests had taken place, if it should take place, the clerical fellowships which have so preponderating an influence in the University would act as any safeguard of religious teaching? I cannot separate the subject of the continuance of the clerical fellowships from the general question. 153. You would be disposed to throw them over in case the tests were abolished ? Not I ; but I should be disposed to fear that they would be thrown over. 154. You would not anticipate any beneficial operation from the tightening of the power of the University over the college after the tests had been abolished with regard to religious teaching ? I cannot pretend to say how that would be. 155- There is no necessary attendance, I think, at chapel at Balliol, is there ? No.. 156. Do you think it would be possible to imagine any scheme bv which the power of theological teaching would be placed altogether in the hands of the University and taken entirely away from the colleges ? I do not think that it would be easy to do that. 157- But SELECT COMMITTEE ON UNIVERSITY TESTS. 15 1.57. But such a scheme would have to be kept in view in case the tests were Rev. R. Scott, d.d. abolished, because you might have a college where the entire governing body ~~~ were Nonconformists, who would not be competent to appoint a tutor to lecture ' on the Thirty-nine Articles ? I have already said that I conceived that the duty of teaching the Thirty -nine Articles could not be long sustained if the Bill passes. 158. Do you attach much importance at present to the hour's weekly lecture on the Thirty -nine Articles ? I think it might, and I believe in a great number of instances does exercise considerable influence and do good ; but I know that as it is often worked it does not. 159. Would you have any fear, practically, of the tests being removed in your own college ? I think it would make less difference in my own college than it would in some others. 160. But still it would make a very appreciable difference ? It would make an appreciable difference. 161. Bishop of Gloucester and Bristol.'] I was rather sorry to hear you mention that you had no very great hopefulness of our being able to interpose any religious safeguards ; still I should like to ask you this question, and one or two others to follow it : first of all, whether you would not think that it was in some degree a safeguard, especially after what you have been kind enough to mention as to the duties and position of a head of a college, if we were to pre- scribe by legislation that those who are now in holy orders by statute, being heads of colleges, should continue to be so, would you not consider that that would in some degree be a safeguard ? Yes, I think it would be a safeguard in some degree ; and I should wish it to be secured. 162. Among the many safeguards that you have no doubt thought of, would you be inclined to rank that high as a safeguard ? I should attach considerable importance to it. 163. Then I pass to a second safeguard that has occurred to me, and 1 will say weighs greatly with me, the desirability of always maintaining in the chapels the Church of England service, and also providing that no other service should by any strange contingency take its place ; should you not con- sider that I should not say perhaps a safeguard, yet as something that would impress upon the college a distinctly religious character ? I should very much desire that the chapels should be secured for the service of the Church of England, and for that service only ; because it would not merely assert a principle, but it would be a great privilege to those members of the college who really felt a desire to avail themselves of it. 1 64. And without entering into higher reasons and influences, it would be fair to say that such a safeguard, if we may so call it, would impress a kind of religious character upon the college ; or rather let me put it in this way, that the absence of it would give a character to the college almost the reverse of religious ? I quite think that. 165. Allow me to ask only a bye-question which just arises, upon which the Committee, I daresay, would be glad to have your opinion ; I am sure I should. Supposing that we thus maintained the service in the chapel in this way by statute, would it be desirable, do you think, that the attendance at such service should be purely voluntary or not ? I think it would be desirable, in the case contemplated, that the attendance should be purely voluntary ; provided that tutors heartily used their personal influence over their pupils, to make them regard it as a duty, though not a matter of discipline. And this influence would be the greater, in proportion to the example set by the tutors themselves. 166. The third safeguard is one which I think has not been mentioned at present, but which has been suggested by friends of the Universities, namely, that it might be desirable to provide by way of safeguard that the fellowships (17.) b 4 were 16 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. R. Scott, d.d. were terminable with a view to prevent, if I may use the expression, cliques continuing long in a college, who might unfortunately act in ways detrimental 2 is t Feb. 187 1. to re iigi 0U s influences ; what is your opinion upon that ? I should answer that by distinguishing between the fellowships held by non- residents and the fellowships held by residents. I think that to make the fellowships terminable in the case of fellows who did not, in any real sense of the word, reside, would be an advantage ; but I should not wish to limit the duration of fellowships in the case of those who resided. 167. In the case of those who were engaged in tuition ? 'Yes. 168. So that, speaking generally, exceptis excipiendis, you would be in favour of terminable fellowships, and think that they might justly be pressed as in some degree a collateral safeguard ? I can scarcely put it in that way, because the terminable fellowships, accord- ing to my experience, would be the exception rather than the others. 169. The last point will be with regard to clerical fellowships ; do you think that a decided limitation in the number of clerical fellowships would be a serious evil, viewing it from the religious side, from which we are now regard- ing the subject ? Yes, I do. It must be remembered that the proportion of clerical fellowships is not large. At Balliol there are only four out of eleven. 170. You do not think, from your experience, that the clerical fellow, when residing at the college, may acquire habits that may less fit him for his duties afterwards as a parish priest ? I think that the present state of things does not suggest that danger so much as one's recollections of a former state of things did, when fellowships (on the average) were held longer. 171. Still there would be a danger, would there not, with regard to the religious influence to be afterwards exercised in the country if the tone of the University were to become, let us use the term, latitudinarian ; if there were to be many clerical fellows residing in a University so becoming latitudinarian, there would be some danger surely, would there not, that they might catch the prevailing tones of the place ? Yes ; that is, upon the supposition that they were not the salt of the place. 172. Duke of Somerset.] I think you said that you would not look to the control of the University as affording any safeguard in these matters ? I thought that, practically, the body within each college would carry out its own plans, notwithstanding the University's general rules. 173. But do you think that the public opinion in the colleges is not influenced by the general opinion in the University ? My view is that they are likely to be nearly identical. 174. Then if the control of the University depends upon a state of opinion, which you regard with some alarm, and if the state of opinion in the colleges is likely to be identical with the state of opinion in the University, is there much use in our sitting here contriving safeguards for a University which is already latitudinarian, or become heretical ? I should rather not express an opinion in answer to such a formidable question. 175. Do you think that the opinion of the colleges is not really greatly influenced by the opinion in the country generally ? I think that it is influenced more by the opinion of those who have gone out from the Universities than by that of the rest of the country. The resident members of foundations in Oxford are influenced, I daresay, by the opinion of their own contemporaries and friends in London, but I do not know that I could go further than that. 176. Do you think that you can keep Oxford quite sound and orthodox while the country is becoming unorthodox ; that is the question ? Not permanently, I suppose. i/7 ; It must follow, eventually, the general opinion in the country, must it not r °r It does so. 178. Chairman.'] SELECT COMMITTEE ON UNIVERSITY TESTS. \7 178. Chairman.'] Do I understand it to be your opinion that the country is Rev. R Scott, d.d. becoming unorthodox ? My answers must not be understood as going further than the questions to "st Feb. 1871. which they were given ; the question was put hypothetically, and I was answer- ing upon a hypothesis. 1 79. Earl of Harrowby.~\ Is it quite clear that the opinion of the country can be derived from the opinion of University men ? 1 think not. 180. Is not there some reason to believe, from the late struggles in regard to elementary education, that there is a very strong desire that there should be a distinctly religious tone given to education, at least in its earlier stages ? I am inclined to think that there is : and I believe that that desire is very strong in the minds of a large number of those who wish to send their sons to the Universities. 1 81. That was just one of the points to which I wished to draw your atten- tion ; is it quite clear that we are not, in giving so much value to the opinion of those whom you alluded to, overlooking the opinion of those who send their children to be educated at the Universities ? I think it is very far from clear. My own impression is, that those who wish to send their sons to the Universities ought to be much more consulted than they ever have been in these matters. 182. Have you ever had occasion to receive representations from parents as to the tutors to whom they would wish to confide their children ? Frequently. 183. Do you believe that if there was a college which became indifferent to such considerations, parents would be very shy of sending their children to it? I believe that different colleges, according to the tone which was supposed to be prevalent in them, would become the resorts of the sons of parents of different ways of thinking. 184. Does not the demonstration of feeling in the country with regard to denominational education show very strongly that we have to look as an evi- dence of the general feeling of the country to something very different from that which we should infer, simply from declarations of leading persons in Parlia- ment, or of leading intellectual personages 1 I hope it does. 185. Has there not been considerable evidence to that effect? Yes, there has. 1 86. Although there is no very good security at present for the religious character of education universally in Universities, do you conceive that the total abandonment of every attempt to get security would not deteriorate rather than improve the religious condition of the Universities ? Yes, I think it would ; I should not wish to see the attempt abandoned, though I have expressed myself as not hopeful of the result. 187. Do you not think that there is an amount of verecundia or pudor exist- ing under present circumstances which restrains full vent being given to irre- ligious feelings on the part of many persons otherwise intellectually distinguished, which would be removed if Parliament at once avowed its total indifference to religion in the matter of the higher education ? They would have the power to appeal to that action of Parliament as their justification, which they have not now. The Witness is directed to withdraw. Ordered, That this Committee be adjourned till Friday next, at Twelve o'clock. (170 18 MINUTES OF EVIDENCE TAKEN BEFORE THE SELECT COMMITTEE ON UNIVERSITY TESTS. 19 Die Veneris, 24° Fehruarii, 1871. LORDS PRESENT The Duke of Somerset. The Marquess of Salisbury. Earl Cowpee. Earl Stanhope. Earl of Haerowbt. Earl of Moelet. Earl Beatjchamp. Earl of Kimbeeley. Bishop of Gloucester and Beistol. Lord Colchestee. Lord Rosebeet. Lord Lyveden. Lord Houghton. Lord Haetismeee. The MARQUESS OF SALISBURY in the Chair. The Reverend H. W. COOKSON, d.d., is called in ; and Examined, as follows : 188. Chairman.'] You are Master of St. Peter's College, Cambridge ? Rev. ff. TP. les. Cookson, d.d. 1 89. You have taken great interest, I think, in this subject of University 24th Feb. 1871. tests ? 1 have taken considerable interest in it. 190. You are of course aware of the general nature of the provisions which are embodied in the Bill which was before Parliament last year, and which has now been reintroduced into the House of Commons ? I am. 191. Are you of opinion that that Bill provides satisfactory or sufficient safe- guards for religious teaching in the colleges of the Universities ? I consider the safeguards inadequate. 192. Can you suggest any way in which you think they might be expediently supplemented ? That would require probably an examination of some of the safeguards which are proposed. 193. Would you kindly make that examination ? I think the preamble indicates the intention of the Legislature as being favourable to the maintenance of religious instruction and worship, and I think that that is important when the authorities of the college have to carry this Act into operation. 194. You think that there will be a moral value in the statement, on the face of the preamble of the objects of the Bill ? Certainly. In page 2, section 3, proviso 1, there is undoubtedly a safe- guard, so long as it continues in force, though I am afraid that it is an inade- quate one. 195. You say that that safeguard would only be valuable so long as it was in force ; but I suppose that any safeguard which we might insert in the Bill would be liable to the contingency of being afterwards removed ? (17.) c 2 i- I ought 20 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. W. I cught to explain myself more fully. The obligation to take Holy Orders Cookson', d.d. rests upon the statutes of the colleges, and these may be altered by the autho- rities of the colleges with the consent of Her Majesty in Council. 24th Feb. 1871. ° ■ 1 96. Without the consent of the visitor ? • In Cambridge, without the consent of the visitor ; consequently, the safeguard only remains in force so long as the colleges abstain from making that altera- tion in the statutes which abolishes the restriction with regard to Holy Orders. 197. That restriction, with respect to Holy Orders, so long as it remains, would supply, to a considerable extent, the provision that the heads of the colleges should be members of the Church of England, which has been removed from the Bill, would it not ; is it not the case that in most of the colleges at Cambridge the head is bound to be in Holy Orders ? Not by any means in all ; it is not so in my own college ; the head is bound by statute to be a member of the Church of England, but he is not bound to be in Holy Orders ; that safeguard, consequently, would not rest upon the authority of Parliament. 198. What addition would you propose, then, to that clause, in order to make the safeguard satisfactory in your view ? I should endeavour. to make some more general safeguard, and I should prefer mentioning that when other points have been considered. 199. Will you then pursue your examination of the Bill ? I would first point out that this safeguard does not apply to all the colleges. 200. You mean that it is not in all colleges that there are obligations to take Holy Orders ? In 12 colleges, at least in Cambridge, less than half the fellows are required to be in Holy Orders ; in eight colleges not more than one-third ; and in two colleges, none. So that in about 12 colleges there might, under the Bill, be a majority of fellows not members of the Church of England, and consequently the maintenance of religious instruction would be made very uncertain. 201. Is it to the churchmanship of the head, or of the fellows, that you would principally look as a security for the maintenance of religious instruc- tion? Both. 202. You consider that the churchmanship of a majority of the fellows, and of the head, is necessary for that security ? Certainly. 203. Do you attach any value to the second proviso in the 3rd Clause ? It does not apply at all to Cambridge. The offices in the University are excepted as not being offices "mentioned in this section." And I may call attention to another part of the proviso No. 1 : that although a Roman Catholic priest (to take his case as an illustration) would not be eligible, in the language of the section, to a fellowship, which is restricted to persons holding Holy Orders, yet if he were once elected to a fellowship which is open to laymen or other persons indiscriminately, he would not be obliged at the end of seven years, or any other period that might be fixed from the time of his becoming a Master of Arts, to resign his fellowship under the clause which requires all persons to take Holy Orders in order to retain their fellowships after seven years. His orders in the Roman Catholic Church would protect him as much as the orders in the English Church. 204. Do you think that Clause 4 is of any value? I certainly think it is of some value, and I believe it was introduced or proposed by Sir Roundell Palmer in the House of Commons, in 1869, as an ample protection for " the system of religious instruction, worship, and dis- cipline, which now is or which may hereafter be lawfully established in the ^ Universities respectively, or in the colleges thereof." But then, in the Bill of 1869. Section 17 of the Act of Uniformity (the 14th of Charles the Second, chapter 4) was not repealed, and it is proposed to repeal it now. a»»5. What SELECT COMMITTEE ON UNIVERSITY TESTS. 21 205. What is the operation of that section ? Rev. H.W, Section 17 is, " And be it further enacted by the authority aforesaid, that no Cookson, d.d. form or order of Common Prayers, administration of. Sacraments, rites, or 2 4thFebTi87i. ceremonies, shall be openly used in any church, chapel, or other public place of - or in any college or hall in either Universities, the colleges of Westminster, Winchester, or Eton, or any of them, other than what is prescribed and appointed to be used in and by the said book," namely, the Book of Common Prayer. That renders nugatory to a great extent Clause 4. 206. Under the former Bill the 4th clause had the effect of continuing the imperative character of the chapel worship in the colleges, which is now lost ? Yes, that is now removed. 207. Having gone through the Bill, will you now tell the Committee in what way you think that it might be amended ? I think it might be amended by the omission of the words in page 4, lines 10 to 15, in the Schedule. 208. In fact, by the restoration of Section 13 of the Act of Uniformity ? Yes ; the omission of the repeal of that section^ Section 5 repeals those parts of the several Acts of Parliament which are mentioned in the Schedule. Clause 13 is one of them. I should recommend the omission of that repeal. Then, again, I should recommend the reintroduction of the clause with re- ference to heads of colleges, which was in the Bill of 1870, namely, that " nothing in this Act shall apply to the headship of any college." I can sug- gest no general safeguard which is unobjectionable or which would be altogether satisfactory. The only one I could propose would be a clause or a proviso which should provide, that in all colleges not fewer, say, than three-fifths of the fellows should be members of the Church of England. 200. So as to give a constant majority to the members of the Church of England ? Certainly. 210. Do the fellows in Cambridge to a large extent regulate the nature of the instruction and consequently the religious instruction of the colleges ? Everything is in the power of the master and fellows at a college meeting by the statutes of my own college. 2ii. And of the fellows without the master if they are in a majority ? And of the fellows without the master if they are in a majority ; the master, has only a casting vote. 212. In addition to his own ? In addition to his own. 213. Who appoints the tutors of your colleger The master, with the consent of the fellows. 2 14. And I suppose the office is revocable in the same way ? Yes, with an appeal to the visitor. 215. What are the powers of the visitor generally ; has he any control, other than what you have just mentioned, over the teaching of the college ? He has only visitorial powers ; he has no direct power. 216. Visitorial power is a power exercised on appeal with reference to the statutes of the college, is it not ? Yes. 217. But the statutes of the college contemplate religious education? Yes. 218. And if it was neglected, or anything that was irreligious was taught, I presume the visitor would have power to act ? If called upon by the society ; he cannot act unless he is called upon by the society. (17.) c 3 219. Must 22 MINUTES OP EVIDENCE TAKEN BEFORE THE Rev. H. W. 21 9- Must he be called upon by the whole society, or may he be called upon Coofuon, d.d. by one member of it '. I think in some cases one member would be sufficient. 34th Feb. 1871. 220. Earl of Harrowby.] Are the visitors in all cases fixed by the statutes* of the college, or are they chosen by the fellows themselves? I believe at Cambridge, in all cases, they are fixed by the statutes of the college. It is so in my college, and I believe in all. 221. At Balliol College, at Oxford, you are aware, perhaps, that they name their own visitor ? I am not aware of that. ■-522. When you suggest as a security for the religious character of the teaching of the college, its being required that the majority of the fellows should be members of the Church of England, you propose that, because it is not easy to fix upon any other test than that of belonging to some one re- ligious body ? Yes. 223. Not that you would say that all teaching, except by members of the Church of England, would be irreligious ? No, certainly not. 224. But you prescribe attachment to a particular body, and that body the Church of England, as a security for the religious character generally ? Quite so. 225. Would there be anything to prevent those who had left the Church of England and become members of the Church of Rome, from becoming a very important body in the University under the Bill as it was brought in last year? Nothing. 226. They would come with all their degrees upon them, with a disability removed, and in full force to make any movement they pleased ? Yes, they might do so. 227. Have you thought of the possibility of introducing a clause such as was suggested by Professor Rolleston, which would confirm the provision which exists in the University Statutes now, that in the choice of a fellow or a tutor, it is to be an instruction to the electors that they should have special regard " to the interests of the college as a place of religion, learning, and education ;" should not some provision be made of a similar kind in the present Bill, con- firming that statute so as to place it before the minds of the fellows that they had a duty in that respect r That provision exists in the statutes of my own college. In electing a fellow we are to elect with reference to the place " as a place of religious education and learning." 228. But you are aware that there is an apprehension that a clause in the Bill as it now stands, namely, the last clause, would implicitly repeal any such provision, and it has been suggested that it would be desirable to take precau- tion against that possible interpretation, by inserting the following words : " Nothing in this Act contained shall be so interpreted or construed as to prevent the governing body of any college having special regard to the re- ligious interests of that society in electing the persons to serve as their tutors," as a safeguard to the statutes as they now stand, which call attention to those points in the choice of fellows and tutors ? If there is any danger that our statutes will be repealed, I think it is of the utmost importance that the doubt should be removed, and the provision inserted which your Lordship suggests. 229. It would only be in harmony with the preamble of the Bill, as I think you suggested just now ? Quite so ; and with Clause 4. 230. Earl SELECT COMMITTEE ON UNIVERSITY TESTS. 23 230; Earl Stanhope.] You spoke just now of the powers of the visitor as if Rev. H. W. they were uniform in all the colleges at Cambridge ; is that the fact ? Coo kson, p .p. 1 am afraid I was misunderstood if I was taken to say so; of course the 24 th Feb. 1871. powers of the visitor would differ with the different statutes of the colleges. " '. — * 231 . Therefore we are not to assume the powers of the visitors to be uniform in the colleges, but as differing with the different statutes ? Yes. 232. You stated, when you were referring to Section 1 of the 3rd clause, that you thought the fellows might have power to alter the statutes relating to religious teaching, even without the consent, of the visitor ; you afterwards said that you thought that even the representation of one fellow would give the visitor power to interfere ; I confess I do not quite see how you reconcile those two answers ? All the colleges have power to alter their statutes, without any reference to the visitor, by an appeal to the Queen in Council ; the power of the visitor does not affect that power at all. 233. But then the power would rest with the Queen in Council, and not with the fellows ? Yes, with the Queen in Council ; but it is the fellows who put the machinery in motion, and obtain the consent of. the Queen in Council to an alteration of the statutes, and in doing that, they are quite independent of the visitor. 234. But I understand you now to say that the decision does not rest with them, but with the Queen in Council ? Yes. 235. Lord Lyveden.] I think you stated in answer to a question which was put to you with respect to what safeguards you would recommend to be intro- duced into the Bill, that besides altering a part of the schedule, the most sub- stantial safeguard you could think of would be to enact thai three-fifths of the fellows should be members of the Church of England. Of course having, turned your attention to this subject you are aware of the state of the question in the two Houses of Parliament, and that in recent divisions the House of Commons have shown something like a disposition to go rather beyond this Bill than to retract from it ; do you think that in that state of opinion it would be at all possible to introduce such a clause as you suggest into this Act, which would be palatable to the other House of Parliament ? I am not competent to judge of that question. 236. You merely propose it, then, without any view to the possibility of its being enacted, but merely as what you think desirable ? Quite so. 237. What do you think has been the use of the present tests as safeguards for the religious character of the Universities and the maintenance of religious instruction and worship ; do you think they are perfectly efficient ? I think they have secured a religious character in the colleges and in the University, and I am afraid that that would be seriously impaired if there is not some proper safeguard found, in the event of the tests being so far removed as to admit Nonconformists, or persons not belonging to the Church of England, to fellowships. 238. Do you think the present tests have been strong enough to exclude persons whom you would think objectionable on account of their religious opinions? Certainly not to exclude all, but I think they have been to a very great extent effective. * 230. How is that they have not excluded all ; is it because some men have been ready to take the tests which you think they were not in honour able to take? I think, in very rare instances, persons have taken the tests who ought not to have taken them,;, but I believe those instances to have been extremely rare. x c 4 240. Has 24 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. W. 240. Has there, in your view, been a growing opinion in the University Co ohon, p.p. against the taking of tests ? 24th Feb. 1871. There certainly is a strong feeling against the tests at the present time; at least against the universality of tests. 241. And that feeling is constantly increasing, is it not ? It has increased up to the present time ; it has increased much of late years. 242. Has it increased among all the members of the University, or only among the junior members ? I do not think there is much difference. The young men follow the older ones a good deal. •143. And you think there has been a general and constant increase of opinion against it ? Yes, I think there has. 244. Lord Houghton.] In your examination for your fellowships in your col- lege, are you guided by any other principle than that of determining the intel- lectual qualifications of the candidates ? We have no examination ; we take the examination in the University, and we are then bound to elect him whom we judge to be most fit to be a fellow of the college " as a place of education, religion, and learning," and we act strictly upon that. 245. Are there cases in which you have sometimes given a fellowship to a man who had taken less high honours in the University than his competitors ? There is one instance within my knowledge of a gentleman of high honours, with whom I very deeply sympathised, who was not able to declare his confor- mity to the Church of England, and whom, therefore, we did not elect ; we elected a person who was below him in the mathematical tripos- That is the only case of the kind that I remember. 246. You have generally practically adhered to the intellectal qualifications in the elections in your college ? Always. 247. Earl Cowper.} As long as the majority of the fellows of the colleges are members of the Church of England, there would be no danger, you think, of the religious instruction being neglected ? I did not say that ; I did not go quite so far as that ; I said it would be a safeguard, but an imperfect safeguard. 248. Do you think there is any risk, if this Bill is passed, of the majority of the governing body of any college not being practically speaking members of the Church of England ? I have most serious apprehensions of it. 249. You think it would really happen that in some- colleges the majority of the governing body would not be members of the Church of England ? Yes. 250. Earl Beauchamp:} In the event of the majority of the fellows not bein°- adverse to the Church of England when religious tests had been withdrawn from the qualifications for fellowships, is it not conceivable that the majority of the fellows might consider themselves in honour bound not to administer the college in accordance with the principles of the Church of England, inasmuch Stows"? P the ChUr ° h had be6n withdrawn from the qualifications of I think it could not be relied upon that they would so administer it. 251. May we take it that, according to the statutes of your colleee, a fellow- ship is a place of trust and duty, or that it is a place of gain or emolument > ISO doubt a fellowship is to a certain extent a prize and a reward, but there are always a certain number of fellows who engage in the work of the Univer^ sity ; and those who do not so engage, and who are non-resident, are very often m eminent situations as teachers in Scotland and elsewhere. J.52. Would you consider it a safeguard against the dangers you apprehend from the passing of this Bui, if a distinction were drawn bct^en two classes of fellowships, SELECT COMMITTEE ON UNIVERSITY TESTS. 25 fellowships, one class continuing to be held with the qualification of member- ft eT> H ' W. ship of the Church of England, and the holders discharging the duties of ^ o oksm > D - D - teaching and holding these posts of trust, and the other class being held as 24th Feb. 1871. mere University or college prizes ; would that be a safeguard against the dangers you apprehend from the Bill ? I think it would not be a complete safeguard ; everything connected with the education which goes on in the college is under the control of the master and fellows, and if, we will say, the majority of the fellows became anti- Christian, there would be no sort of protection for the religious character of the college. •2,53. But supposing that the second class to which I have referred, namely, those who held a fellowship without any duties attached to it, were relieved from all responsibilities in the discipline of the college, or even from voting at college meetings, would not that, to a great degree, diminish the dangers which you apprehend from the Bill ? Certainly it would if that provision were made. 254. I understand that at St. Peter's College three, at least, of the fellows are required to be in Holy Orders ? Yes. 255. You have already pointed out to the Committee that if three of your fellows happened to be in Holy Orders of the Church of Rome, that condition would be complied with ? Yes, that would be so. 256. Then in that case you would have none of your fellows in Holy Orders ? None of our fellows would be in Holy Orders of the Church of England. 257. That is to say, you would have no fellow competent to perform Divine service in College Chapel 1 No. 258. May I ask how Divine service is conducted in College Chapel at the present moment ? By the fellows who are in Holy Orders, and by myself as Master. 259. Is there any provision contemplated by which Divine service could be carried on if all the fellows were either laymen or in Holy Orders of the Church of Rome ? I have called attention to that provision of Section 1, and I said I thought it ought to be worded in such a manner that a Roman Catholic priest could not hold one of those fellowships. 260. To go to another branch of the question altogether, a large number of candidates for Holy Orders are educated at Cambridge '! Yes. 261. I believe almost all, if not all of them, pass the voluntary theological examination ? Yes. 262. Do you think it would be possible to maintain the voluntary theolo- gical examination of the University, if the condition of membership of the Church of England, on the part of the governing body, were withdrawn ? It would be difficult, but not perhaps impossible. 263. Do you think it would be a satisfactory state of things that a majority in the senate, adverse, or indifferent to the Church of England, should regulate the theological studies of candidates for Holy Orders ? I do not think there is any prospect of that in the senate. 264. I did not ask about the prospect ; I asked whether that would be a desirable state of things ? No, it would not. 265. The probable result of that would be, would it not, that candidates for Holy Orders would cease to reside at the University and seek their education elsewhere ? If such a state of things occurred, no doubt they would. (17.) D " 266. Should 26 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. W. 266. Should you consider that a great misfortune as tending to narrow the Co okson, p .p. education of the clergy ? nth Feb. 1871. Yes ; I should consider it a great national misfortune. 267. And as tending to diminish their opportunities of intercourse with other students of the same standing as themselves ? Yes ; and of enlarging their minds by other studies. 068 Earl of Kimberley.] I understood you state, in answer to the noble Earl, who questioned vou immediately after the Chairman, that you proposed that three-fifths of the fellows should be members of the Church of England, not so much as a special protection to the Church of England, but as the most con- venient, and perhaps the only means of ensuring the religious character of the, colleges ? Yes. 269. Does not it follow from that that your views would be entirely met if a provision were inserted in the Bill, by which it was provided that whenever any college should resolve that the fellows should be three-fifths of any deno- mination, say three-filths Roman Catholics, or three-fifths Baptists, that should satisfy the requirements of the Bill, as it would clearly, according to your view, provide for the religious character of such college : is not that a fair inference from your general proposition ? 1 should restrict it to membership of the Church of England. 270. You have not answered my question, whether if such a provision were not directed to the special advantage of the Church of England, but to the pre- servation of the religious character of the college, your proposal would not be met just as well by the provision that three- fifths of the fellows should be Roman Catholics, or three-fifths of them Baptists'? A denominational college would no doubt maintain religious instruction, whether it belonged to the Church of England, or to any denomination of .Nonconformists ; 1 quite admit that. 271. But then it seems that you are not willing to admit that my mode of carrying your principle into effect would meet your views ; must I not conclude that the other alternative is the true inference to be drawn from your sugges- tion, namely, that you desire that thrCe-fifths of the fellows should be members of the Church of England lor the special advantage and protection of the Church of England, and not for the benefit of the University as regards its religious education generally ? J think if two-fifths of the fellows might be Nonconformists, or persons not members of the Church of England, it would meet all the cases of hardship of Senior "Wranglers and others not obtaining the honours and emoluments which they ought to obtain. 272. That is scarcely an answer to my question ; supposing it happened that three-fifths of those who had taken the highest honours in a college were Non- conformists, and two-fifths members of the Church of England, would you think it fair that you should reverse the proportion, and make three- fifths of the fellows members of the Church of England, and two-fifths Noncon- formists, and if so, on what principle should you do so ? I think that the proportions in the country of the members of the Church of England, and the different bodies of Nonconformists, are such that it would be only fair to give that proportion to the Church of England as compared with the Nonconformists. 273. Then I think I understand your view to be this, you would redistribute the fellowships, not according to the intellectual qualifications of the persons who might be candidates for them, but with reference to the proportion which the numbers of the different religious denominations in England bear to one another ? I should wish to open the fellowships, or at least I admit that the fellowships ought to be opened, to persons of other denominations than members of the Church ot England, and I should think it would be sufficient to open them as far as 1 have mentioned. 274- You SELECT COMMITTEE ON UNIVERSITY TESTS. 27 2 74. You said that you would wish to restore to the Bill a provision which Rev. H. W. was formerly in it, restricting the headships to members of the Church of Co ohsm, d .d. En | land? 9 4thlrtT,8 71 . Yes. 2 75. Do you think that if this Bill were carried with that addition, it would be in any degree likely that such a special and narrow exception could long be maintained ? 1 cannot express an opinion upon that question. •276. If you do not think it would be long maintained (on which you decline to express an opinion), do you think it would be worth while to insert such a provision r Yes, I think even if it was only maintained for a short time it would be worth while to insert it. 277. Lord Colchester.) 1 suppose it is probable that under all circumstances, members of the Church of England would prove to be a larger majority of the persons who came up to the University for education ? They have been so hitherto, and I suppose that will continue to be the case. 278. The rest might be composed of members of various sects, or of men of no distinct theological colour ; but no one single sect would be likely to be as numerous as the Church of England ? No. 279. Then with reference to a question which you answered just now, it would be utterly impossible, would it not, to find any sect, except the Church of England, which could fill up three-fifths or more than half a college ? I think the members of a particular denomination might make an effort to get a position in one particular college, and in that way they might easily obtain a majority in that college. 280. Do you mean the members of a single denomination ? Yes. 281. I suppose that if a college was composed of a few fellows of every different denomination, it would be impossible for them to agree, would it not, upon any one system of religious instruction ? Unfortunately it would be the means of making religion a proscribed subject, and most probably of introducing a great deal of indifference with regard to it. 282. Then is it your opinion that registering a majority of the fellows to be members of the Church of England, that being the only body which is likely to supply a large number of persons qualified for University distinction, is the only way of obtaining religious instruction ? I do not think it is the only way, but it is one which occurs to me. 283. You attach great importance to the restriction in favour of the head being a member of the Church of England ? I do. 284. The head of a college in Cambridge is almost always elected by the fellows, is he not r It is not so at Trinity College, and it is not so at Jesus College, and it is not so at Magdalen College ; but I think it is so at all the other colleges. 285. Are the heads of those three colleges you have named appointed by the Crown ? By the Crown in one case, by the Bishop of Ely in another case, and by a private nobleman in the third case. 286. I suppose, in the event of the governing bodies of colleges being divided between fellows of very opposite theological opinions, the contest for the elec- tion of the head might assume a very eager party character ? Yes. (17.) d 2 287. Do 28 MINUTES OF EVIDENCE TAKEN BEFORE THE p OT h w 287 Do you think that it would be possible to retain the system which pre- £Z£ E. vails ? m the" great majority of the colleges, of the election of the head by the . ^-T . fellows without great inconvenience in case fellows of all theological colours 3 4th Feb - l871 ' came into the governing body? It would be very difficult indeed. 288. I think you stated that there was a good deal of feeling in the University now in favour of the abolition of tests ? The residents are about equally divided with respect to the abolition of tests, I think. 289. Should you say that tests were the subject of constant discussion with a view to the alteration of the existing law ? There is free discussion upon all these subjects, and there has been a great deal of discussion about that. 290 Do you think, with reference to any other point besides the headship, that it would be difficult to settle this question without going into all the other matters connected with the University ? _ _ That is scarcely a question upon which I can express an opinion. 291. I think a former witness stated that one at least of the theological pro- fessors was elected by the Council ? One theological professor is elected by the Council. 292. Should you expect that the Council would contain, under the altered system, a large number of persons who would be undesirable persons to go in for a 'theological professorship, or undesirable electors of a theological professor ? I do not think there would ever be a large number of them. 293. Do you think practically that that system could be maintained? Yes, I think so ; I am not afraid of that. 294. Do you think it would be possible to devise any plan which, upon the basis of a distinction between the pre-Reformation and the post-Reformation endowments should make certain parts of the University denominational and certain other parts undenominational ? I am not prepared to express an opinion upon that point. 205. That would not be a safeguard which you would recommend ? No. 296. What is the character of the religious instruction in the colleges at present ; has it reference to the University examinations ? In part it has reference to the University examinations. The Greek Testa- ment forms one of the subjects which those who are not candidates for honours have always to be reading during their first two years, and those who go out in the theological line during their third year as well ; consequently that forms a great subject of lectures in the colleges.' 297. Do you think that those lectures would be maintained in the same form under the altered system which would be brought about by the Bill ? No ; I think anything; in the nature of unsectarian lectures upon the Greek Testament would be very undesirable. 298. Would it not be almost impossible to give lectures which did not in some way or other touch the opinions of some sect ? I think so. » 299. The provision with reference to the headship is the one safeguard which I think you would specially recommend ? It was one, but not the only one which I mentioned. 300. One other was, with reference to the clause repealing the instruction, to regard the interests of the colleges as places of religion and learning ? One was the omission of that clause from the schedule, which occurs between lines 10 and 15 ; that is to say, the omission of the repeal of the 13th section of the Act of Uniformity. 301. That SELECT COMMITTEE ON UNIVERSITY TESTS. 29 301 . That was with a view of maintaining the college services unimpaired ? r 6v . H. W. Yes, the services in the chapel. Cookson, d.d. 302. You would not be in favour of certain colleges becoming denomina- 2 4th Feb. 1871. tional, and others undenominational ? * That is not the proposal in the Bill. 303. 1 am aware of that ; but you would not be in favour of allowing the Bill to take full effect as to certain colleges, at the same time exempting either the greater foundations, or any colleges on behalf of which any difference could be drawn from the operation of the Bill ? I think it is possible that a scheme might be framed, which I should prefer to that in the Bill, making colleges denominational. 304. The opinion of the country is much divided, is it not, between denomi- national and undenominational systems of education ? I believe so. 305. Then, in a University which is to represent the whole nation, such a division would very much represent the divided state of opinion in the country, would it not ? I think so. 306. Earl of Morley.] You mentioned the fact that the 1st section of the 3rd clause of the Act was a safeguard, but that it was one which you thought could not last ; I suppose you base that opinion that it could not last upon the general feeling which exists in the country and in the Universities ? Yes. 307. Do you think that the proposals you made relating to the heads of houses, or the proportion of fellows in the colleges, would be more likely to last than such a proposal as this contained in the Bill ? They would have the authority of Parliament, which the other would not. 308. Bishop of Gloucester and Bristol^] I will trouble you with a few inquiries relative to our Divinity professorships at Cambridge, and particularly with regard to the Norrisian and Hulsean, and I will mention my reason for asking you, whether certain contingencies might not happen. You may have observed in common with myself that such an idea as a Professor of Divinity not being in Holy Orders has been entertained by some ; I mention that, that you may understand the drift of my questions ; I think we shall both agree that there would be no anxiety as to the Regius Professorship of Divinity, because we observe that the Professor is required to be a Bachelor of Divinity, or a Doctor of Divinity, that you will see at page 205 of our Calendar ? Yes. 309. You would agree with me therefore that there would be no danger with regard to the Regius Professor ? I should. 310. I think the same remark would apply to the Lady Margaret's Professor on account of the electors ? Yes. 311. We have then the Norrisian to consider and the Hulsean. If I have rightly collected who are the electors for the Norrisian (I will refer you to our Calendar at page 213), I take them to be the heads of houses, eleven of whom must be present ; would it not be quite possible for a Norrisian Professor to be elected who might really not be a member of the Church of England, and not be in Holy Orders ? Yes. 312. So that we hare clearly arrived at this, that without some safeguard the Norrisian Professor of Divinity migh be not only a layman, but not even a member of the Church of England ? Yes. (170 D 3 313. I think 30 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. W. 313. I think we must admit that the same possibility applies to the Hulsean Co okson, p .p. p ro f eS sor (see page 216 of the Calendar) ; I find the electors to be the Vice- 24th Feb. 1871. Chancellor, the Master of Trinity College, the Master of St. John's College, the Regius Professor of Divinity, and the Lady Margaret's Professor of Divinity ? Yes. 314 Two of these, we have agreed, must be members of the Church of England ; we have agreed that the Regius Professor and the Lady Margaret's Professor must be so, and I think I am correct in saying that the Master of St. John's must be in Holy Orders ; that I may state on the authority of the Calendar ? Yes. 31 '■,. Then we might clearly have the possibility of the Hulsean Professor being a layman, and not a member of the Church of England ? Yes. 316. We have arrived then at this, that two out of the four professors at Cambridge might, unless we are now cautious, as I have said, not only be laymen, but not even members of the Church of England ? Yes. 317. With regard to the Board of Theological studies, I inquired of one of our Cambridge witnesses whether he could suggest any safeguards, and he stated that he was unable to do so ; have you thought of that point ? The constitution of the Board of Theological studies rests entirely upon the vote of the senate, and the senate can alter that board as it thinks fit. 318. So that no safeguard would seem to be possible in that case, at least you have not thought of one, perhaps ? No doubt the senate has absolute power in the matter. 319. Now if we turn to another professorship, at page 209 of our Calendar, the Moral Theological Professorship, do you confirm my opinion that clearly that professor might be a layman ? Certainly. 320. And he might also not be a member of the Church of England ? Certainly. 321. Because of the electors ? Yes. 322. Now the matter being thus serious, might I ask if you have thought of any 'safeguard, or could kindly inform the Committee of any safeguard, by which we might take precautions against such a very serious and not wholly impossible contingency ? 1 should not consider the case of the Professorship of Moral Theology, or as it is usually understood now, of Moral Philosophy, as at all in the same category as the Professorships of Divinity. 323. Shall we then confine our attention to the Norrisian and the Hulsean Professorships ; have you thought of any way in which we might secure that they should be held at least by members of the Church of England ; I can find nothing in the Bill that secures that, but perhaps you may have found some- thing ? I believe there is no provision in the Bill at present which secures it ; and I have not given such attention to the point as to be able to suggest any provi- sion. 324. I will only ask you one further question relating to another matter, and another view of the subject ; it has been suggested by some that it might be desirable, in any measure now to come before Parliament, and ultimately to be received, to append a clause suggesting that all fellowships should be termin- able, the reasoning being that those cliques in colleges which might be of a character adverse, unhappily, to religion generally, would, after a time, by the nature of the case, be broken up ; what is your view generally with regard to terminable fellowships, especially considered from that point of view ? I do SELECT COMMITTEE ON UNIVERSITY TESTS. 31 I do not think it would make any material alteration in the matter, and it Rev. H. W. would require a great deal of alteration in the statutes of the colleges. Co okson, d.». 325. So that you think that any movement in that direction ought to be 24th Feb. 1871. treated separately ? Yes, it. ought to be treated separately. The Witness is directed to withdraw. Professor GEORGE GABRIEL STOKES, is called in ; and Examined, as follows : 326. Chairman.] What position do you hold at the University of Cam- Professor bridge? G. O. Stokes. I am Lucasian Professor of Mathematics, and I am also a fellow of Pembroke College. 327. You have paid a good deal of attention to the subject which is referred to the present Committee, have you not ? I have, of late. 328. I think you are one of those who are of opinion that a change of the existing law is practicable which might yet retain adequate safeguards for religious teaching and religious worship in the Uuiversity r 1 think some change might be made without destroying those safeguards. 329. Are you of opinion that the present Bill furnishes any satisfactory and complete safeguards ? I am not. 330. Will you inform the Committee in what points you think it is deficient ? In the first place I should say that the whole of the safeguards which the Bill provides, rest upon college or university statutes : now these statutes may at any time be altered with the authority of the Queen in Council, 33 1 . By a majority of the college ? By a majority of the college or of the senate, as the case may be. 332. Many of the colleges are very small in the number of their governing body, are they not ? They are. 333. And therefore it would be possible for a majority, not representing the dominant feeling of the University at the time, but obtained through accidental elections, permanently to alter the statutes of a college ? Quite so, subject to the approval of the Queen in Council. 334. The approval of the Queen in Council would, of course, depend upon the political majority of the day ? I presume so. 335. What provision would you prefer in place of that which leaves the con- dition of the colleges dependent upon their existing statutes ? 1 should prefer that what safeguards were introduced should be introduced into the Bill itself. 336. Do you mean by that, that you would like the existing statutes to be confirmed and unalterable, save by the authority of Parliament ? Either that, or that other safeguards should be provided, with the authority of Parliament, in lieu of those which are provided by the existing statutes. 337. You would not contemplate making the alteration of the statutes dependent upon the consent of any other authority than that which is now; necessary ? I have not considered that subject fully; I have heard it proposed that the consent of the visitor should be required, but it seems to me that that would be rather outside the ordinary province of a visitor. (17.) d 4 338. You 32 MINUTES OF EVIDENCE TAKEN BEFORE THE Professor 33S. You do not consider that that would be an adequate security ? G. C. Sto kes. it might possibly be adequate, but I think there are many objections to it. 24th Feb 1871 Indeed, 1 will not go so far as to say that it might be adequate, but it migh be ! ' some security ; there are, however, several objections to it. 339. Will you state what the objections are ? I do not see that it would be a security at all, unless the visitor were a person distinctly connected in some way with the Church of England, a bishop, for example. Now, I think a bishop would be placed in a very unpleasant position if he were called upon to sanction some departure of the statutes from the pre- viously existing statutes, in such a direction us to throw the college open to persons who are not members of the Church of England ; he would be liable to the suspicion, if he withheld his consent, of being influenced simply by party feeling, or rather, I should say, a feeling in favour of the church to which he belonged especially. 340. Do you think that any security would be retained by requiring the con- sent of the University at large, I mean of the senate, to such a change of the statutes, or ->\ould there be any evils in that which would countervail its advantages ? J think it would afford a certain amount of security, but I think it is very undesirable to leave questions of that kind open in such a manner as to produce future contention. The senate is a very large body, and on a question of that kind, I daresay a large number of non-residents would come up. The way in which the question might ultimately be decided by the senate might very materially depend on the amount of canvassing which had been used, and I think that that would excite a good deal of animosity. 341. You would deprecate anything that would introduce canvassing to a greater extent than it now exists at the University ? I should. 342. On account of its disturbance of the habitual studies of the place ? Yes, and the party feeling which it excites. 343. Then if you would not seek a remedy by requiring the consent of any other authority to a change of the statutes, what are the substituted securities you would like to see embodied in the Bill ? I should very much like to see the Bill not go so far as it does in the way of a relaxation of tests. I may mention that I was concerned with a party at Cambridge which felt that some change was inevitable, and which endeavoured to suggest some method by which the inconvenience which has sometimes been felt, of eminent men being incapable of being elected fellows in consequence of their religious belief, might be obviated, and yet the religious character of the Universities maintained. Perhaps I may be allowed to refer to a paper containing some suggestions for such a scheme, which was accepted by a con- siderable number of the Cambridge residents. 344. What is the date of it ? There is no date to it. 345. It was composed last year, I think ? It was composed last year. 346. Will you describe the suggestions contained in that paper? I should say that the scheme goes upon the principle of connecting religious tests rather with the duties than with the emoluments of a fellowship That I consider the leading principle of it. The scheme proposes to relax the obligations to take, any religious test in the case of fellows, with the exception of the holders of certain offices. We should not relax it in the case of a head of a college a tutor, a dean, a chaplain, or a lecturer on theology. ' 347. Do you consider that the tutors have a very material influence of a moral and religious kind upon the undergraduates committed to their charge at Cambridge 1 ° I think they have, or can have at any rate, especially in the smaller colleges. 348. And that, therefore, it is of great importance for the religious teaching of the college that their choice should be carefully controlled ? " Yes. 349- What SELECT COMMITTEE ON UNIVERSITY TESTS. 33 349. What other officers, besides the heads and the tutors, would you include o p ™ f< L SS0 7 r in the same category ? G. G^Stokes. The Dean, the Chaplain, and the Catechist or Theological Lecturer, or 84th Feb l871i Lecturer on the Greek Testament. 350. You would propose, in their case, to retain the existing tests ? I should- 351. What is the existing test at Cambridge ? A person on being elected fellow has to sign, in the Vice Chancellor's book, the usual declaration of conformity ; a person on being admitted a member of the senate has to declare that he is bond fide a member of the Church of England. 352. By the usual declaration of conformity, you mean that which is contained in the Act of Uniformity ? Yes. 353. What is your opinion with reference to the relative efficiency of tests preliminary to appointment, and restrictive laws controlling the teaching of a person appointed ? I think that laws controlling the teaching of a person appointed are very difficult to put into operation. 354. Do you think that tests invariably succeed in their operation ? Not invariably. 355. Have you observed any tendency in recent times toward a diminution of their efficacy ? I cannot say that I have ; I have cases in my mind where persons hold offices where there might be some degree of question whether they should hold them, but still these are so few that I do not think they much affect the general question. 356. Your view distinctly is. that tests are a better security for the kind of teaching given by anv tutor or other authority than any restrictive laws would be ? If restrictive laws could really be put into force, they might be equally efficient, or perhaps more so ; but, as I said, I think there is very great diffi- culty in putting them into force. 357. Is it a difficulty inherent in the nature of them, or merely in the form which they have hitherto taken ? To take an example ; supposing that there were some statute against heresy, it is exceedingly difficult to define legally what heresy is ; we have had instances with relation to clergymen holding certain doctrines in the Church of England, in which we have found how very difficult it is to bring home a charge of heresy, and what expense is involved in attempting to do so ; I think the same diffi- culty would be found, perhaps in a minor degree, in the working of a college. 358. The University possesses, does it not, now, the jurisdiction and the power of expelling or degrading persons who are convicted of teaching anything contrary to Christianity ? It can expel for breaches of the statutes. The words are "de omnibus contra statuta vel ordinationes academics delinquentibus" 359. Is the obligation not to teach heresy part of the statutes of the Univer- sity of Cambridge ? I do not think it is, except as regards the University sermons. I do not recollect that there is any other provision than that. 360. Is there any other safeguard besides that of requiring tests from the authorities you have named, which you would wish to suggest ? I do not say that that would make the retention of the religious character absolutely secure ; but assuming that some considerable change must be made, I am disposed to think that if we stamp the religious character of the colleges with the authority of an Act of Parliament, and make provision for securing the religious part of the teaching, at any rate we do a great deal. (17.) E 361. May g4 MINUTES OF EVIDENCE TAKEN BEFORE THE Professor 361 . May I ask what college you belong to ? G. G. Stoket. Pembroke. 34th Feb. 1871. 3 g 2- That is a comparatively small college, is it not ? It is. 363. Supposing it should happen that teaching of a kind not only not reli- gious, but decidedly irreligious, were to establish itself as by accident, it might, in one of the small colleges, by accidental elections, would the undergraduates have anv power of escaping from that teaching ? ,,,,,. -c I presume that the tutor might oblige them to attend the college lectures, if he were so disposed. 364. It would not be open either to the undergraduate himself, or to his parent, to insist upon his being liberated from that obligation ? I do not think it would. 365. At Cambridge, I suppose, you have nerer heard under the existing tests of any anti-religious teaching in the colleges ? No. 366. But if this measure were to pass as it now stands, you would hold such a contingency not to be wholly impossible ? I should. 367. Is there any power on the part of the University of interfering with the teaching of the colleges ? Not that I am aware of. 56 S. You would deprecate the bestowal of any such power upon the grounds that you have just stated, of its encouraging canvassing and ill-feeling in the Universities r Rather, perhaps, on the grounds of the difficulty of exercising it, according to what I said just now. 36g. That is to say, the difficulty of defining where heresy began ? And also the difficulty of obtaining evidence ; however, chiefly on the ground of the difficulty of defining where heresy began. 370. Bishop of Gloucester and Bristol.'] May I ask you whether you have thought of any safeguard that might be interposed so as to provide against the contingency of the Norrisian Professorship of Divinity and the Hulsean Pro- fessorship being tenable by laymen or persons not members of the Church of England ? With regard to the Hulsean Professor, there is a certain safeguard provided by the statute. He. is liable to be called on by the Vice Chancellor to sub- scribe the three Articles of the 36th Canon. 371. Do you remember whether there is any clause of a similar kind in regard of the Norrisian Professorship ? £ am not aware that there is. There are certain of the old statutes regarding the Norrisian Professorship which are retained, and those I have not before me, nor have I lately referred to them. It is possible that there may be some safe- guard in them, but I am not aware that there is. 372. So that it would be fair to say that there is presumably a latent safe- guard in regard of the Hulsean Professorship ? Yes. 373. Because the holder of it might be called upon to subscribe to the for- mulary you mentioned ? There is such a safeguard, but it is not what I should consider a permanent one because it rests upon statute, and the statutes are liable to be changed by application to the Queen in Council. 374. So that it would not be unfair to say that the Norrisian Professorship of Divinity at Cambridge, and the Hulsean Professorship at Cambridge, might be left in an unsatisfactory state by the passing of the Bill ? I think so. 375- I wish SELECT COMMITTEE ON UNIVERSITY TESTS. 35 375. I wish now to pass to another subject, namely, the religious worship at Professor any one of the colleges ; I may perhaps direct your attention to Clause 4 in the G ' G - Stok es - Bill. As I read that clause, I collect that the governing body of a college might 24th Feb lg alter the worship within the.college chapel, so that, for example, instead of being , the worship of the Church of England, it might be the worship of some other denomination ? I see nothing to prevent them from doing so, unless it be a college statute, and college statutes may be altered by application to the Queen in Council. 376. It might be possible under the same authority for there to be no reli- gious service? Quite so. 377. Are you of opinion that it would be very desirable by Parliamentary enactment to provide against any such grave contingency ? I think it would, be very desirable. 378. Have you thought of any means by which the danger might be averted ? Of course the worship in the college chapels might be connected with the Church of England by the authority of an Act of Parliament, or the repeal of the Act of Uniformity might not be carried in relation to the college chapels. 379. So that you are of opinion that a portion, of the Act of Uniformity, which was not repealed in a former Bill, but which is now proposed to be repealed, might be beneficially insisted upon ? Yes, I think that that would afford some safeguard, but I do not see that even that would secure there being worship at all. 380. You say that it would not necessarily ensure the continuance of wor. ship ; but is it not your opinion that it would do so in 99 cases out of 100 ? I think in most cases it would do so, but if it should so happen that under the operation of an Act similar to this Bill, a college fell into the hands of a particular denomination hostile to the Church of England, I think it would be an anomaly that the worship in the college chapel should be maintained in conformity with the Church of England, while the governing body of the college were of some denomination hostile to the Church of England. 381. Allusion has been made in the examination in chief to what one might call for shortness, a conscience clause ; do you think it would be possible, con- sistently with the preservation of discipline, to provide that a student should have the power of claiming a right of withdrawal from lectures in wjiich doctrines adverse to the religious opinions he entertained were expressed ? If the authorities of the college were willing to admit students under those conditions, I am not prepared to say that I would forbid them. 382. You would perhaps agree with me in thinking that there would be great difficulties in giving such power of claiming exemption when we bear in mind the necessity of preserving discipline ? I think it might interfere with college discipline, but at the same time I think that if the tutors found by experience that it did not so interfere, they might admit students under those conditions ; I would not force them to admit students under those conditions, but I would allow them to do so. 383. Have you ever thought whether it would be possible in any way to introduce that into an Act of Parliament ? I do not see why such a thing might not be done ; my own notion with reference to an Act of Parliament would be, that you should first settle what you want to have, and then frame an Act which would bring that about. 384. So that there would be nothing very unreasonable in attempting, at any rate, the addition of a proviso of the nature we are now speaking of, having the character of a conscience clause ? I do not see why there should not be such a proviso; at the same time, I think it would be objectionable to force the authorities of a college to accept (17.) E 2 as 36 MINUTES OF EVIDENCE TAKEN BEFORE THE do's^kes as a student an y man wh0 mi g ht offer himself; I think that the present _^_ e ' discretion should be left with them. :4th Feb. 1871. 385. Earl of Morley.\ I understand you to say that you object to the safe- guards in the Bill on the ground that they depend "upon the governing bodies of the colleges ; do you anticipate, if this Bill were passed, a large influx of a Nonconformist element into the colleges ? I do not anticipate that if this Bill passes there will be a large influx of a Nonconformist element into the colleges, but I look upon it in this way. Take the case of a small college. The number of fellows existing in the course, we will say, of a hundred years, might be mainly members of the Church of England ; there might be an enormous preponderance of members of the Church of England ; but if at any one time during that hundred years a majority of the governing body happened to be hostile to the Church of England, they might get the statutes of the colleges altered in a manner which would be ex- ceedingly detrimental to that Church. 386. But in the event of a large element, say a majority of the . governing body of the college, being thus hostile to the Church, do you think they could maintain the restriction which you propose, of the tests being attached to the tutorships, and to all the important offices of the college ? If it were fixed by Act of Parliament, they would have no power to alter it. 387. Do you think, looking to the state of public opinion in the country, that such a state of things would continue ? I think it would ; in the example I took, I supposed that this was merely a temporary majority. 388. Are the tutors and lecturers at Cambridge, as they are at Oxford, very often the same people ? The tutors are lecturers, but there are lecturers who are not tutors. 389. Then it might be that the best man in the governing body of a college as a lecturer and tutor might be a person who would not take the tests ? He might still be a lecturer. 390. Lord Hartismere.~] I understood you to say that you thought that the abolition of some tests, or some modification of the tests, was requisite in the University, but that, at the same time, your opinion was in favour of establishing some permanent safeguard against the introduction of irreligion ? Quite so; by a "permanent safeguard," I mean a safeguard depending upon an Act of Parliament. This Bill proposes to remove safeguards which at present depend upon an Act of Parliament, and I think it is expedient that whatever safeguards are provided should have the force of an Act of Parlia- ment, and not rest merely upon college statutes. 391. I understood that your proposed safeguard was to open all fellowships except those connected with tuition, and in fact with power, in the different colleges ? • T e I ; *ii d i. d n0t P ro P ose t0 g° so far in the direction of retention as even to include all that are connected with power, but those which are connected with religious education and moral discipline. 392. Do you think that a safeguard of that kind would be a permanent one, even if secured by Act of Parliament ; do you not think that bynarrowing the limits of exclusion, you would be likely to raise still greater discontent in the minds of those who are anxious now to do away with Universitv tests than exists at present; and that therefore the restriction would "not be ner-' manent r l The discontent which at present exists, arises apparently, in great measure from the fact that now there are men who take high degrees? who are ^ not dtr^t ^^Z^^l ° f ** ^ * £** «- -setf a p^aL^rguard?" ** *"" ^^ ***** ° f that kind ™> ld be Yes ; I do not consider anything really permanent, however. 394- The SELECT COMMITTEE ON UNIVERSITY TESTS. 37 394. The most permanent ? Professor As permanent a provision as you can well devise, supposing we go so far. G - G ' Stokes - 395- Would it be more permanent than these two proposals: on the one 24th Feb. 1871. hand, that certain separate fellowships should be set apart in each college as University prizes, the others being held as at present ; and on the other hand, that certain colleges should be open to all denominations ? Those two other plans have been before us, and they were thought to be liable to certain objections, but I am not prepared to say that the one which I /have proposed would be more permanent than those. 396. Lord Colchester.] What is the size of the governing body of your college 1 The governing body of our college consists of the master and all the fellows. 397. What is the number of the fellows ? The number of the fellows is 13. 398. Do they all take part in the government? Yes.* 399. I suppose that the college meetings which would regulate those matters which you have referred to, as depending upon statute, are usually attended by the whole number of the governing body ; I mean a college meeting at which any question regarding religious instruction would come up ? A college meeting at which some very important question came forward would naturally be attended by nearly all the fellows ; but as regards the ordinary work, the college meetings are attended only by the residents. 400. Then about seven or eight would form a majority of the whole, the total number being 14 ? Yes. 401. So that in the absence of one or two, six fellows of the college might decide a very important question ? They might. 402. Do you apprehend under this Bill an influx, mainly of Nonconformists, or of persons having no definite religious opinion whatsoever ? I should rather fear the introduction of persons having no very definite religious opinion whatever. 403. And they have, to a certain degree, been kept in check by the present tests, have they not ? I cannot answer that question from my own knowledge. 404. Do you think that in your own college the existence of the tests has saved you from the evil of the introduction of persons of very indefinite -opinions, who otherwise might have been elected fellows ? I do not at present recollect any instance in which a member of my college who had taken a high degree has been excluded from a fellowship by tests. 405. Then you elect entirely amongst members of your own college ? We are perfectly free to elect by our statutes from the members of any college at Cambridge or Oxford, but as a matter of practice we nearly always elect from our own college. 406. But you would be justified in giving the preference to a member of your own college even if he was not decidedly on a par with a member of another college ; that is the custom, is it not ? That is the custom, and it is the custom in the colleges generally. 407. What were the objections, which you stated might be felt to the idea of making certain colleges denominational, and others undenominational ? There is the objection in the first instance, that the colleges are connected with the Church of England, and is it right to take arbitrarily a certain college and hand it over to another denomination ? 408. That would be an objection, which would apply to the principle of the Bill generally, would it not ? It applies, to a certain extent, to the principle of the Bill. (17-) E 3 409. Do 38 MINUTES OF EVIDENCE TAKEN BEEORE THE Profewor 409. Do you not think that in the case of certain colleges being deno- G. G. Sto&es. minational, the test might become morally much more effective than it is at —— present by excluding persons who would feel if they had the right of going 24th *eb. 1871, e i sew h er e 3 that they had not the right to go to a college which retained tests which they ought not to take ? I do not think upon the whole that tests are inefficient at present. 410. You do not think that their efficiency would be increased in the way I have suggested? It might be increased, but at the same time, as I said, I think that they answer as it is. 411. Is your college a post-Reformation or a pre-Reformation foundation ? Pre-reformation. 41 2. Have you any idea what amount of endowment, or what number of col- leges at Cambridge, are post- Reformation? By far the greater number of Colleges are pre-Reformation. 413. Have the older colleges any endowments of later date which are post- Reformation, and which have been added ? I think they have. 4 1 4. Assuming the general idea that the Universities should be open to the nation at large, do you think that there is any fitness, considering the divided state of opinion in the nation in favour of and against denominational education, in assigning formally one part of the University to those who hold one view, and the other part to those who hold the other view. In the first place, you would consider that there is a divided opinion in the nation for and against the denominational system, would you not ? Yes. 415. Should you think, supposing a change were necessary, that a division of the University into denominational and undenominational elements would be fairly suited to that difference of opinion in the country ? I think there is no doubt that it would reflect the opinion of the country so far. 416. As to another point, I think you stated that the holder of one professor- ship might be deprived if he refused to sign the three Articles of the 36th Canon ? Yes, I alluded to the Hulsean Professorship. 417. What I wanted to ask was, whether you considered anv such restriction or restrictions would be swept away by the 3rd clause of this "Bill, or whether they would remain if it was passed ? I think they would be swept away ; I had not considered that point. 418. Therefore any such restrictions must be specially re-enacted or added to the Bill ? Yes. 4] 9. Then it would be possible that several Professors of Divinity and Divinity Lecturers might not be members of the Church of England if no measures were taken to prevent that contingency occurring ? Yes, some might. 420. And I suppose College Divinity Lecturers also ? Yes. *v. 42 A: Y °? ™ ld require such Divinity Lecturers, I suppose, to be members of the Church of England ? Yes. 422. That would be one of the safeguards you would propose ? A Co. 423. But which the Bill itself does not provide ? Yes. r 424. Lord Rosebety]Do you think that any persons holding opinions hostile to rehgion are deterred from taking fellowships by the tests ? I know SELECT COMMITTEE ON UNIVERSITY TESTS. 39 I know instances, of course, in which persons who are not Christians have Professor been unable to obtain fellowships ; Jews, for instance. G - . l8 7' amined upon in the public examinations, to which objection is taken by any ~~~ kind of Christians, or by members of the Church of England? I am not aware of any such case. 477. That has not been your experience at Cambridge r No. 478. Bishop of Gloucester and Bristol^] Are you satisfied that clause 3 of the Bill which is now before Parliament is insufficient to secure the heads of eolleges continuing to be in Holy Orders ? It is not sufficient, because it throws it back upon the college statutes. 479. I asked the question, because it seems to me that the clause does secure it, but 1 wished your opinion upon it. Will you look at the clause with proviso No. 1 ? It seems to me that that clause merely prevents the Bill, if it becomes an Act, from throwing open those offices, but it does not prevent its being possible to throw them open afterwards by an alteration of the college statutes. It does not by its own force throw open the headships, certainly. 480. But would not the words " any statute or ordinance of such University or college," seem to enact that those who now by college statute are required to be in Holy Orders shall remain so until Parliament abolishes the require- ment? I am disposed to think that it might be so interpreted, but I had not considered it from that point of view. 481. On the whole, you incline to my present opinion, that the proviso No. 1 does sufficiently secYire the point in question ? I am disposed, on reading it after your Lordship's explanation, to think that it secures more than I thought at first, and that there is that difference which you have pointed out. The; Witness is directed to withdraw. Mr. CHARLES APPLETON, is called in; and Examined as follows : 482. Chairman.'] I believe you are a Fellow of St. John's College at Oxford ? Mr. C. Jppleton. I am. 483. I think you have paid great attention to the subject into which this Committee is inquiring ? I have for some time. 484. And you entertain views upon it, which you desire to lay before the Committee ? I am rather desirous of answering, to the best of my ability, any question which may be put to me ; I have views which I have arrived at upon one or two points, but I think they will come out in the course of discussion. 485. You have seen the Bill, I presume ? I have. 486. I do not know at all from what point of view you approach the subject; are you anxious for the abolition of tests ? I am anxious for the abolition of tests, and I have taken part in meetings in Oxford having that end in view. 487. Are you anxious for the unreserved abolition of tests ? I am. 488. Do you think it desirable that there should.be any subsidiary provision for mitigating any of the results which the advocates of tests fear from their abolition ? '(17.) F2 I think 44 MINUffeS OF EVIDENCE TAKEN BEFORE THE Mr, C. Appkton. I think that the apprehension of any great change for the worse taking place in Oxford, owing to the abolition of tests, is unfounded ; I think that, practi- 24th Feb. 1871. ca „ the ' entire abolition of tests would make very little difference. 489. Will you forgive my asking what meaning you attach to the words " for the worse "? . . ... I used them rather in the sense of that which I believe this Committee would regard as being for the worse, namely, that Oxford should become a place where the foundations of religion should be systematically undermined, and where theology should cease to be promoted as a study ; that was my meaning in using the words " for the worse." 490. Will you give me your grounds for holding that opinion ? At present, the tests really touch only a very small proportion of the young men who go to Oxford. Practically, those who sign the tests with any feeling of unwillingness to do so, are not more than 200 or 300 out of the whole body of men there. The persons whose case it seems necessary to consider are mainly those persons who come in contact with revolutionary agencies in thought ; and the majority of men in Oxford do not come in contact with any such agencies. I should regard those who come in contact with them as being entirely or mainly those who study philosophy and history for_ the final clas- sical school. We may calculate in this way; each class list consists of about 50 men ; that will give 100 men in the course of each year ; and there will of course be another ] 00 men who will be getting ready for their degree in a year's time ; and another 100 who will be getting ready for their degree in two years' time ; that yields at any given moment, in the University, a number, which may be taken roughly at 300 men, who are brought under the influences of the philosophy of modern times, which might, and which does, as I think, materially undermine all existing beliefs. I think it is quite impossible for any man to throw himself into the system of education for the final classical school at Oxford at the present time, as so much knowledge, but really to assimilate it, I mean not only to study it ab extra, without having the whole edifice of belief shaken to the very foundation. At the same time the agencies which are brought to bear upon him, the philosophical ideas and modes of criticism, not only destroy but ultimately reconstruct belief ; and what I should say with regard to tests is this, that the test intervenes with a definite proposi- tion which a man has to subscribe, just at the time when he is beginning to re- construct the edifice of belief naturally out of the ruins which had been under- mined. 491. Do you think that that reconstruction is, apart from the test, generally successfully completed ? It is doubtless much interfered with by the test ; that is one reason why I desire the abolition of tests. 1 will refer, for an illustration, to Germany. I speak of Germany in connection with Oxford, because the ideas which are now prevalent at Oxford, and which touch the kind of man I have referred to, are for the most part the ideas of thinkers in Germany. In that country where no tests are imposed, and where every University student is left perfectly free to form his opinions, and neither parents nor tutors interfere with him, this reconstruction of belief, to which I have referred, takes place healthily and naturally. He returns to a new construction of belief after he has gone through the period of criticism and scepticism. 492. Your view is, then, that just at the time when he would be called upon to sign the test he is in a state of mental soreness and sensitiveness ? I would not call it by that name ; I should say that all the ideas in his mind have been shaken ; he has taken them one by one from their place and their associations, and he has been led by the books he has had to read, and by the methods of thought he has had to practice, to isolate them, to criticise them, and to analyse them into their component elements. The process of reconstruc- tion, which begins then, is a very slow one, and it is exceedingly important that it should not be interfered with whilst it is going on. Whereas now when the process is at its height, the University comes in with its honours and emolu- ments, and says, " That which we have taught you how to question for the last five years, we nc and that you shall definitely and finally believe." 493- That 34th Feb. 1871. SELECT COMMITTEE ON UNIVERSITY TESTS. 45 493. That is on his taking his fellowship ? Mr. C. Applet™. Either on his taking his fellowship or his Master's degree. 494. But now assuming that Parliament adopted the view of the last witness, and pushed the test back to the tutorship, do you think the process of recon- struction would be in time for that < That quite depends upon when the tutor is appointed ; as a matter of fact the tendency in Oxford at the present time (I can only speak of Oxford, for I know nothing whatever of Cambridge) is to appoint exceedingly young tutors. 4g5. It is true, is it not, that half the congregation is under 30 years of age f I should think that might be approximately true. 496. I should like to ask you one or two questions with respect to this process of shaking to the foundation the whole edifice of belief which you have described as being the result of the metaphysical studies of Oxford ; I suppose Aristotle is not guilty of that ? Aristotle has very little to do with it. But there are other philosophical studies besides Aristotle 497. It is the commentators or improvers upon him who are guilty ? No, it is not that ; but there are a great number of books which do not appear in tlie lists which are actually read and taught to a great extent, such as the works of the great foreign, and especially the German, philosophers of the last 100 years, and when I spoke of the revolutionary influences, and also of the constructive influences, I was thinking of them. 498. I suppose they are not read for amusement ; they are read because it is thought that they will help a man in the schools ? They are read because they are thought to be educationally good, because some of them have recently been translated into English, because they are new in this country, and because it is almost necessary to know something about them for the purpose of obtaining a fellowship. 499. Do you mean to say that they form part of the subject of examination for a fellowship ? In the better colleges there are generally one or two men who have already obtained fellowships who read these books habitually and study German philo- sophy, sometimes in the original and sometimes in English translations ; these men would probably have a hand in setting the papers. 500. You mean that a man who himself has read Hegel will not elect anybody who has not read Hegel ? I should be very sorry to say that. 501. Still you mean that a knowledge of those German authors is regarded by the electors to fellowships as an indispensable qualification for fellowships ? Not by any means. 502. But in many cases ? It enters extensively into the literary and critical character of the training which is expected from the best men who go in for fellowships. A man may be asked questions about all kinds of things in philosophy, litera- ture, and politics, and he is expected to know something at least of what the greatest thinkers of modern times have said about them. 503. And the greatest thinkers are classified according to the admiration felt for them by the existing fellows ? No ; but there is a general agreement of opinion respecting the importance of studying a philosopher like Kant, for instance. /104. I was going to ask a question upon that point ; how far does this kind of reading go back chronologically ? I should say to Kant. 505. Everything of note in German literature, since Kant, must be known by a candidate lor fellowship ? Certainly not. (17.) F3-t- 506. Still 46 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. A ppleton. ^ 5. g^ there must be a very considerable acquaintance with those authors, 24th Feb. 1871. whether the candidates or the fellows are supposed to agree with them or not ? Not really a considerable acquaintance, but there are certain books which are read by candidates for fellowships almost as carefully as Aristotle. I should say Hegel's Philosophy of History is read as carefully as Aristotle. A great number of men (very many more than formerly) read German, and they will read Hegel's History of Philosophy and other books of the same kind. At this moment there are lectures being given, or about to be, in Oxford on Hegel's Logic, which is one of the most revolutionary instruments that has ever been invented. .507. But I do not suppose that the candidates read these books out of gaiety of heart, they read them because they feel themselves obliged to do so for their examination ; how is that motive brought to bear upon them ? I do not think they read them for either of those reasons ; the fact is they are brought in contact with the ideas of these German philosophers, and the ideas themselves have an attraction for them. 50S. Then they read the books because they like them ? Yes, certainly. 500. This is really a very important part of the question which we have to consider from its bearing upon the religious safeguards in the Universities, for into every consideration of that subject the effect of these agencies, destructive of religious belief, must enter ; can you give me at all an idea of the number of books on philosophy which an average candidate for an Oxford fellowship now has to read ? He is only supposed officially to read the books which are set down in the Calendar, but as a matter of fact indirectly he comes in contact, as I have said, with an immense number of other books. It is expected that a man will read Spinoza, Hobbes, I do not say all, of course, but portions of their writings. Portions of Locke, of Berkeley, and of Hume are also read ; and the First Principles and Psychology of Mr. Herbert Spencer are beginning to be very widely studied. . r »i0. Have you mentioned Kant ? I have not come to Kant yet ; many men are reading Kant's Critique of the Pure Reason. 511. And Fichte ? No, Fichte is not read at all ; Fichte's popular writings are dabbled in by some men for pleasure, or at least those which are translated ; but Fichte's more serious writings are not read at all. 512. Hegel? Hegel is considerably read indirectly. Sterling's Book on the Secret of Hegel is not a very dangerous one, because it darkens that which is already dark; but the translation of Hegel's Philosophy of History is, as I have said, very generally studied, indeed I may say almost universally, by men going in for the highest honours in the classical school. 513. And Schelling? Scarcely at all. 514. Marheineke ? He is not read at all. 515. Which wing of Hegel's Philosophy is accepted in Oxford ? As a general rule, "the right wing." 516. You have not mentioned Stuart Mill ; I suppose he is extensively read ? Stuart Mill is read to be criticised ; he is criticised much more now than he was when I was a student myself. 517. Do you mean that he is read in a hostile spirit ? He is read in a critical spirit; he is tMticised from the point of view of a different system. 5iS. Has SELECT COMMITTEE ON UNIVERSITY TESTS. 47 ,5 1 8. Has Butler altogether disappeared ? Mr. C. Appleton. Butler has very little influence upon any examinations now. His "Analogy" th ~^T~ a is still one of the books to be taken in for the degree, and it is demanded 2 4 71, sometimes. I have known men get a lower class than they otherwise would have obtained, from their ignorance of Butler; but most" of the examiners who now go into the schools are of opinion, that it is very undesirable to use a book so unsystematic as Butler, and therefore they slur over the examination so far as Butler is concerned. 519. Has French philosophy taken the same place as German at Oxford; Comte's, for instance ? Not as a matter of education. I think it is studied in after years by men who have got fellowships ; Auguste Comte is studied then. Men learn in a general way the system of Comte before taking their fellowships, but I think it is not studied very deeply. Very few people have read Comte himself. 520. 1 do not know whether I have quite made myself understood. I wanted to ascertain whether actual examination in those books formed part of the trial for a college fellowship, or whether it was only the general condition of mind which the reading of those books might be supposed to bring a candidate into, that was believed to conduce to his success ? The latter, the critical attitude of mind which philosophical study produces. 521. That, I suppose, is known to the coaches generally, and they enforce it upon the candidates as a matter of prudence? There is no practice of enforcing it; there is no enforcing upon the candidates. A candidate knows that a particular kind of literature is expected by the examiners for the fellowships, and now this literature takes a very wide sweep ; it is no longer merely English, but it includes French, and still more German ; there- fore, if they know nothing of those things when they take their degree, after they have exhausted the books which are set down for them to read, they frequently apply to persons who are competent to instruct them in more modern studies, and who direct their reading in these subjects. 522. And if you know that one of your examiners is* very much skilled in this literature, it is part of your precaution to read that literature yourself? . It might be wise to do so. 523. That is a recognised maxim of prudence in preparing for examinations for fellowships, is it ? Not always ; a man may feel himself very strong upon some quite different subject, and then he may not take this precaution. The best men, those who get the best fellowships, are perfectly free in their reading, and do not modify it at all according to what they believe to be the desires or the tendencies of the examiners. 524. I understand your view to be, that the great danger to religious teaching is from this preliminary process, and that if it is arrested by any artificial agency before it has issued in a more wholesome reparatory process, there is danger of confirmed infidelity? I do not think there is any danger in the process of negation itself; I think it is a process of discipline which an educated man may wholesomely go through. But the danger arises as soon as you interfere with it, and stop the process of reconstruction ; such a stoppage produces a vagueness of mind on all questions connected with the foundations of knowledge and of religion. As a matter of fact, a man who has criticised all ideas for several years, and then is called upon to sign a test and state his bond fide adhesion to certain propositions, is led naturally to avert his mind from any consideration of those questions at all, because they now involve a contradiction, and by instinctively making both terms of the contradiction vague, he is able to reconcile them better. There is no set purpose in all this : it takes place almost unconsciously. 525. Supposing that, instead of a test, some species of restrictive or punitive legislation was resorted to, would that havl'uhe same damaging effect upon the mind of a man going through the process of which you are speaking ? It would, no doubt. (17.) F4 526. If 48 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Appkton. 526. If he was forbidden to teach, for instance, anything contrary to the _, th Feb l8 Christian religion ? I think that that would practically be a nugatory provision ; as a matter of fact people do not teach things contrary to the Christian religion in Oxford. 527. Never? So far as I know, the strictest and most delicate reticence is always observed in approaching the mind of a young man, so as not to upset his beliefs ; but I believe the upsetting of his beliefs, and the entire loosening of them from all their moorings, is an inevitable consequence of the system of education which now exists in Oxford. 528. If you were told that a tutor in an Oxford College had at any time (no matter when) recently prepared the minds of his pupils for taking the Commu- nion, by teaching them that the facts stated in the New Testament were untrue, you would not believe that assertion ? I have never heard of such a thing. 529. At all events, it appears by the fact of your not having heard of it, that, if it has occurred, it must clearly have been an exceedingly exceptional instance ? I should think so. 530. Is it within your knowledge that Lecky has ever been read for the schools ? Never as a text book ; I think it is extremely probable that a question may have been set out of the History of European Morals, when it was a new book. It is a very common practice for examiners, in the classical school for honors to take for granted that the best men who are offering themselves as candidates will have read the latest literature which has appeared, and therefore they set a question upon some important point in order to see whether they have done so. If, for instance, a question, as is very frequently the case, were set upon Utili- tarianism, a man who went in for a degree after Lecky's book had come out, would be supposed to be acquainted with Lecky's views upon that subject ; so there might be questions asked connected with the History of Rome under the Empire, upon which a man would also be supposed to know Lecky's views. Except in that indirect way I have never heard of Lecky being used as a text book. 531. How far is that carried ; is a man, who is examined in Divinity, sup- posed to know what Strauss' opinions on Divinity are ? I should think not ; I do not speak of the Theological school, of course, for that is quite new, but with regard to the examination in Divinity at the 'pass examination, a man is only expected to answer the most obvious questions ; he is not supposed to have read any literature connected with the New Testament. 532. Supposing tests were abolished, it is your opinion that there would not be more persons who would be disposed to teach in a sense hostile to the received doctrines of Christianity than there are now ? I do not think it would make the slightest difference. As a matter of fact, the test at present is so framed that it excludes a Dissenter or a Roman Catholic, but does not exclude an Atheist or an unbeliever of any kind Unless I am mistaken, the test which is at present exacted for a Master's degree at Oxford is to the effect that the signer believes that the doctrine of the Church of England is in agreement with the Word of God. That excludes a man who believes m the Word of God, but does not believe that the doctrine of the Church of England is m conformity with it, whilst it includes not only the man who believes that they agree and that they both stand, but it includes also the man who believes that they agree and that they both fall. .533- Is that the test in the Act of Uniformity? No I think not ; that is the latest modification of the test which has to be signed at Oxford. 534- You mean that that was the test put into the Act a few years aeo ? Yes, it was introduced quite lately. 535. I hare SELECT COMMITTEE ON UNIVERSITY TESTS. 49 535. I have here a memorandum by the provost of Oriel, which must be Mr.C.Appleton. right, from which it appears that a man has to assent to the Thirty-nine Arti- 24tll p ehi 1 g- 1# cles of Religion ; there would be some of them which it would be difficult for an Atheist to assent to ; but on reading on, I see you are right. A man has to declare the formularies of the Church of England to be agreeable to the Word of God ; of course he construes the whole together ? Yes. 536. Is it your impression that the feeling has gained ground of late years that it is justifiable to take a very elastic and liberal view of the obligation of these tests ? Yes, I think, as a general rule, that there are two classes of persons who sign the test with reluctance ; on the one hand, those in whom this negative process which I have spoken of has gone to some extent, and who when they sign the test, simply relapse into what is called undogmatic Christianity ; and on the other hand there are those in whom the test produces a powerful anti- pathy to all religious ideas, and who do not feel in the least degree bound by it. The latter class of persons would explain their acceptance of the test by saying that these formulae are formulas which have become entirely obsolete in their character and language, and that therefore having no relation whatever to modern thought, they may be both affirmed and denied equally bond fide. ,537. They are signed like so much gibberish ? No, not like so much gibberish, but upon the theory that they do not admit of definite affirmation or definite denial, and that they are outside the modern mind altogether. I think that is a very general and growing impression with persons who have come in contact with the philosophical education of Oxford, that the test is not to be refused, because modern ideas are so completely out- side of the propositions to be signed that it is scarcely possible to find distinct points of contact at which the two can be said either to agree or to disagree. 538. Therefore your view is, that with the more philosophical minds it is a safeguard, supposing it to be a safeguard, of continually diminishing value ? Yes, undoubtedly, of continually diminishing value. 539. And that, apart from the action of Parliament altogether, if the test was left alone for a certain number of years, its value would almost disappear ? I think its value has disappeared. .540. It has absolutely disappeared, in your opinion ? Almost entirely. I should think that, with one or two exceptions, everybody in Oxford would take the test. The person who refuses the test, on the ground that he dislikes being bound by it, is a person of very rare occurrence indeed. 541. Do you think that the only persons who refuse it are persons who are committed to some formula opposed to it, as Dissenters or Jews? Yes, I think so ; Dissenters, Jews, or Roman Catholics. 542. Earl of Harrowby.] Do you thiifk that it is quite wise or safe to put the plastic minds of youth, at that age, into the hands of those persons who have not yet formed their opinions, but are in the process of reconstructing them. Would it not be better that they should stand aside for a while, until that process is completed, before they become the instructors of others ? I think, theoretically, that is so, but practically, great abstinence is used by the younger tutors, so as not to thrust their opinions upon the pupil. I believe there is scarcely any tutor in Oxford, if any, who, if he were in doubt or diffi- culty himself, would at all allow his pupil to be aware of the fact. He would take pains to divert attention from any difficulties which he felt himself. Lie might, and probably would, refuse to teach the subjects upon which he felt a difficulty. 543. Do you believe that the present obligation is no restraint upon a tutor who is in that uncertain state of mind, from infusing all the doubts and difficulties which he feels into the minds of the young men who are placed under his charge ? The really practical restriction upon such a course is a feeling of honour and of gentlemanly conduct. (17.) G 544. Would 5Q MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C Appkton. 544. Would not that be withdrawn if you told the tutor that you did not 24 th^ l87 , C 7/ h n a j/thtkyo h u would tell him that. By the simple removal of tests you would not say, it does not matter what opmion you hold ; you would simply Tmove Ae test and he would remain as before ; there is nothing to prevent hnTfrom indicating his views indirectly now. I do not think that the existence of the test at all stops the progress of opinion in Oxford. 545. Do you think that there is no sense of honour created by the obligation under which a man is placed at present 1 . I do not think it comes into the minds of people that they are restricted from saying, not to their pupils, but to each other, anything they feel disposed to say or from thinking anything they feel disposed to think in consequence of the test. 546. You know that oaths of allegiance have had considerable restraining effect upon the minds of men at different times ? I believe they have. 547. Are we to understand that the kind of feeling has gone by entirely in Oxford in which an oath or any similar obligation would produce any effect .' I should not say that. 54S When those examinations in moral philosophy take place, is there any character given to the examination which implies an acquiescence in or controversv with opinions hostile to religion ? • No ; so far as I am acquainted with the examinations, that does not come into consideration at all. 549. All religious opinions are treated in the examination as a matter of perfect indifference, are they ? There is no examination at present into religious opinions. 550. But in philosophy connected with religion, the result would be precisely the same, whatever the opinions might be that were expressed ? Moral philosophy, as it is at present taught in Oxford, is totally disjoined from religious questions, and therefore does not involve any affirmation or denial of any religious opinion whatever. 55 1 . You think it is possible to separate the two absolutely ? I think so. 552. You think that there is not a practical connection between moral philosophy and religion ? Between moral philosophy and religion I think there is not ; I think they may be treated separately, as branches of study or of research. 553. Is Butler's Analogy a book in constant use at Oxford as a work of reference ? It is not so any longer ; five or six years ago, when I had just taken my degree, it was the fashion to read Butler's Sermons on Human Nature, but not the Analogy. Butler's Analogy and Sermons are given as alternatives, or were at that time ; but I think, as a matter of practice, the Sermons were almost always chosen, mainly because they were shorter. 554. Earl Stanhope.] You stated that a disbeliever in revealed religion might subscribe, and does subscribe, to the test which is now imposed at Oxford, that the formularies of the Church of England are agreeable to the Word of God ? I did not intend to say that men did subscribe it in that way. I said it in- advertently, if I said so. 555. You have stated that persons who did not believe in revealed religion might take the test if it merely declared that the formularies of the Church of England were conformable to the Word of God ? Yes, they might ; but I did not mean to say that they did. 556. Do you think that a person in that frame of mind could conscientiously subscribe to or sign a statement calling the Scriptures the Word of God? I think he might fairly hold that the only legal meaning of the words, was the Authorised version of the Bible, as distinguished from any other version, as, for instance, that of Douai, with which the formularies of the Church of England are not in conformity. 557- You SELECT COMMITTEE ON UNIVERSITY TESTS. 51 557,. You think that a disbeliever in the Scriptures could declare, neverthe- Mr - C^Appletqn. less, that they were the Word of God ? 24th Feb. 1871. I merely meant to say that the test, as it stands, might admit a person who chose to strain the meaning of the words, and who believed in the coincidence of the Bible and Prayer Book, and that both fell together. I did not mean to assert that there were any such persons in Oxford. All I meant to say was that, so far as the wording of the test goes, it might be so taken. .5,58. Among the German works of theology which are read at Oxford, do you include the writings of what are know as the Tubingen School ? I did not mean to mention any works of theology ; the works I mentioned were exclusively works on philosophy. .559. Do you consider that the works of the school, which is known as the Tubingen School, are extensively read in Oxford ? No ; no theology of any school is much read at Oxford ; the study has been entirely uprooted by the action of tests. 560. Only theology as it runs into philosophical study? And very little of that. .=561. Lord Houghton.] Do you attribute this tone of thought which has risen up so prominently in Oxford to the study of Aristotle ? Scarcely at all. It arises mainly from a closer connection between England and the Continent. It is really a wave of thought which has come over from Germany. 562. Would you be inclined to allow what we Cambridge men very often assumed, that the predominance of our mathematical studies, as compared with the study of Aristotle at Oxford, has been to us a considerable protection against the effects of the predominance of metaphysical or philosophical study ? Yes, I should think it had. Judging from what I know of mathematicians, or those who have spent a great deal of time in studying mathematics, I should sav that mathematics disinclined the mind from studying metaphysics, or from taking a very deep interest in philosophy. As a matter of fact, the great movements of opinion have arisen in Oxford, not in Cambridge. I should attribute that circumstance in great measure to the cause to which your Lordship has alluded — that the study of mathematics causes less interest to be taken in speculative and critical subjects. 563. When you speak of persons reading those which would be called heterodox books upon questions of moral philosophy, do you intend to say that they read them for the purpose of mastering the whole science, or for the purpose of knowing what they may have to object to or controvert? The former in most cases ; that is to say, with the view of mastering the science. I beiieve that a man would read what he was able to read in a short time of Hegel or Kant, with a view of knowing what Hegel or Kant said about moral or philosophical questions, but not with the view of controverting what either of them said, as is done, I believe, in Roman Catholic seminaries, where a philosophical opinion is read with a view of controverting .it, and showing that it is without foundation. 564. As far as you know, in the result of an examination for a fellowship, would it be taken into account whether the answers of a student had been given in confirmation of, or in objection to, any particular statement or opinion ? I think no weight whatever would be laid upon that distinction in any of the good colleges. A man whose opinions were of an extreme form in one way would have as much chance as a man whose opinions were of an extreme form in the opposite way; it depends to a certain extent upon the nature of the college. In some colleges other considerations come in, in the election of fellows, besides those of the intellectual qualifications shown in answering the Papers ; but such considerations are generally confined to those amongst the electors who take little or no part in the examination of the candidates, and who therefore have no other means of judging between them. 565. You do not think that a confutation, successful or unsuccessful, of what are called orthodox propositions, in Paley for instance, or in Butler, would carry with them any disagreeable consequences to the student ? I presume your Lordship is speaking of a person trying for a fellowship ; I (17.) g 2 think --,0 MINUTES OF EVIDENCE TAKE.V BEFORE THE Mr. C. Appletou. think that a person who did that would be set down as a person of exceedingly bad taste, and unless he did it with very great ability, I am afraid that the 54th Feb. 1871. an swers in which he did it would count for very little ; in fact, they would probably count against him. 566. When you were speaking of the effect of the University tests upon the mind of a man who is disturbed in his religious belief, do you not think that the obligation of them, if a man does sign them, must carry with it some moral degradation ? It may often leave a scar upon the conscience. That is my reason for desiring to remove the temptation io express adhesion to propositions which are no long°er believed, or which are not believed at the time, or in the form in which they are subscribed. 567. You think that they are temptations to insincerity of purpose and dis- honesty of mind ? I think they are. 568. Earl Beauchamp.] Have you taken part yourself in examinations for fellowships? I have. .569. Lord Colchester.) I understand your main objection to the test to be, that you think it is very often dishonestly and insincerely taken ? No ; on the contrary there is hardly any case upon which it would be possible to put your finger, and say, This test is taken mala fide. I think the test is taken either upon the theory that there is no meaning in it, or else in the other case mentioned, when the opinions held by the persons subscribing are held vaguely, and the test is looked upon vaguely, and the two vague elements are made to coalesce without much difficulty. 570. 1 understand you to say, that very little change would be caused by the passing of the Bill, because so few persons are exposed to these revolutionary elements of thought at present ? That is my opinion. 571. In those few persons would be included nearly all those who read for honours, would they not ? Nearly all those who read for honours in the classical school ; not those who read for honours in law and modern history ; nor in mathematics, nor all who read for honours in physical science. 572. You would not apply yourobservations to the Law and Modern History scnool ? No ; in fact, almost all men in Oxford who are under religious influences do, as a matter of fact, goin for the Law and Modern History school, rather than for the classical school. .573. You think that a person who takes the Law and Modern History school is out of the range of the subjects to which you have referred ; he would not study Lecky, Comte, and the other works bearing upon the history of thought ( _ I do not think, as a matter of fact, that the majority of the men who go in for that school do study those works. 574. Would you say that the reconstruction of opinion which you have re- ferred to would be completed before a man aspired to become the head of a college, or a University professor ? It would be well if it were so ; and I think in most cases it would be so. 575. Do you think that a man would be a very desirable man to be the head of a college, or a University professor, who was still in this metaphysical stage which you have described ? 1 do not, see why he should not. .,76. Do you not think that by that time he ought to have reconstructed his opinions, if he ever would do so ? I think he ought to have done so. 577- Then your objection dots not apply much to retaining the test for the head of a college or a University professorship ; your objection to the tests for these offices would be based on totally different grounds ? I think SELECT COMMITTEE ON UNIVERSITY TESTS. 53 I think the maintenance of a test for a professorship would have to be objected Mr. C. Appleton. to upon the ground that a professor, if he was not a professor of theology, ought not to be bound to express any theological belief; whilst if he was a 24 L* professor of theology the test would act very badly upon his work as a professor, by hindering him from making researches freely if he was already bound to certain conclusions. The reasons for objecting to the test, which I have stated before, apply rather to younger men. 578. Therefore, those who thought it desirable that a head of a college or a University professor should hold certain opinions, might retain the test, without the fear of producing an injurious effect upon the immature mind to which you have alluded? I think the maintenance of the test upon those two classes of persons would have objections of its own. For instance, the maintenance of the test for the head of a college would, I think, tempt the head to act unfairly towards the fellows of his college in the appointment of tutors. Supposing the college con- sisted partly of Nonconformists and partly of the members of the Church of England, the head of the college, being either a clergyman or a man who had taken the test, would feel bound to consider, not so much the qualifications for tutorial work, as the opinions of the persons seeking to be appointed as tutors. 579. Then you would exclude a clergyman from that position ? Yes, if there were Nonconformists among the fellows. 580. Do you mean to say that a clergyman would be sure to appoint un- fairly ? I would say that a person who had taken the test, whether clergyman or layman, would have that temptation before him. 581. Do you think that a man of moderate opinions, who had taken the test, would be likely to be more unfair in the appointment of tutors than a man who happened to have strong opinions one way or the other, but had not taken tbe test because no test was required ? I think that a man who had taken a test, and was in a responsible position like that of the head of a college, would feel that he was put there in order to maintain the Church of England character, or the religious character of the tuition given in that college. 582. And you think that he would not use his powers in that way, whatever his own opinions were, if no test was required ; that he would not consider that under the statutes he ought to maintain the character of the college as a place of religion and learning ? He might or he might not ; I think you would compel him to do so by attaching a test to the headship. 583. Would you not say that in Oxford generally there are very great fluctuations of thought, and that the opinions of the colleges vary very much from year to year amongst different sets of tnen? Not so much amongst different sets of men ; but they vary much from year to year, or more correctly, from one academical generation to another. 5 84. Supposing that either any distinction could be taken between the pre- Reformation or the post-Reformation endowments, or that any other distinction could be drawn by which a portion of the University could remain subject to tests while the remaining portion was left free, that might provide very much both for those who objected to tests and for those who wished to be in colleges where tests were required, and it would at the same time make the test more efficient where it was retained than it is at present ; what is your opinion upon that ? I think such a provision would have the effect of cutting the University into two halves, and destroying its academical character. I think that the retention of the tests in the portion to which it was applied would be open to the same objections as exist to the tests which are at present applied in the Universities as a whole. 585. You do not think that a man who felt objections to taking the tests would seek out those colleges where tests were not required, and that those who felt no objection to tests would be willing to go to those colleges where a test was required ? (17.) G3 As 54 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Appleton. As a matter of fact, the religious influences of Oxford are really quite F~b~ 8 distinct from the colleges, and any legislation which should deal with the colleges '* l e ' ' 7 I ' as institutions likely to continue to exist, would be missing its mark. 586. You think that all colleges should, as far as possible, have a uniform I was going to say that I think education is migrating away from the colleges to the University at large. Within the last few years the education of men belonging to a particular college has not, as a rule, been conducted solely by the tutors belonging to that college. 587. What I meant to say was this, that men who did not object to tests would seek out fellowships in those colleges where a test was imposed, while those whose opinions were more unsettled would compete at colleges where no test was required ; would not that be so ? The result of that would no doubt be, that all the best and most cultivated candidates for fellowships would go to the open colleges, just as they now com- pete for the non-clerical fellowships. The competition for clerical fellowships is not, and under the system your Lordship alluded to, the competition for fellowships at test-colleges would not be nearly so good as for the others. .588. Then the two systems could work together, and the country would be able to judge of their relative advantages ? That certainly might be the case, but I am sure that the academical character of the University would be destroyed thereby, and I think that socially it would have a very bad effect. Opinion runs very high now when there is a uniform system, and when there were two systems side by side it would destroy all co-operation between the colleges. 589. Why do you think it would run higher in that case r Because there is now' no recognised distinction between men in respect of religious belief ; all are officially members of the Church of England, and all are equally bound by the same laws, but if you made oue law for one set of men, and another law for another set of men, there might be perpetual collisions on a large scale between the two parts of the University, as there are now on a smaller scale between the clerical and lay fellows of the same college. 590. The objection you raise would in any case apply under the altered system ; they would no longer be all recognised as members of the Church of England, which I understood you to say was a necessary thing for the concord of the University ? I think it is impossible to preserve social concord and co-operation between the members of the University while they hold different opinions, except under one of two systems ; either, in the first place, that all should be free, or, in the second place, the present system, when all are bound. , 59 1 . Then you think that there would be a state of permanent war in the University ? 1 am not sure of that. 592. You have a great fear that it is impossible for people to maintain the peace except by a rigid uniformity of system ? I think your Lordship's proposal would divide the University, whereas we want unity. To speak of peace or war is to use too strong terms, but as a matter of fact opinion divides us much as it is, and this division would become still greater if the law were to separate the conflicting agencies into two oppo- site camps. 593. At the same time you do not find any great difference of opinion between men who have passed through one school which you say developes these opinions, and men who have passed through the other schools which you say do not develope them ? Because the men who have passed through the other schools do not hold opposite opinions which contradict those, but they do not hold any opinions of their own at all ; they have not come in contact with the movement of ideas in any shape. .594. Do you think that the mind of a man who has passed through the law and modern history school remains a blank on these subjects ? I do SELECT COMMITTEE ON UNIVERSITY TESTS. 55 I do not say that it is a blank, but I say that such a man does not, as a rule, Mr. C. Apple ton. entertain different opinions when he leaves Oxford from those which he has inherited. His opinions continue unchanged, because he has never been taught ! ' to examine the- grounds of them. .595- Supposing he became a fellow of a college, you think he would not be in a state of antagonism with the other fellows ? No ; not necessarily. ,5i|6. Do you attach any importance to the argument with regard to the national character of the Universities, entitling all members of the nation to share in them ? Very little. - I think if the Universities are to be reconstructed, or any altera- tions made in their organisation, that should be done purely with a view to making them the best places for the promotion of learning and education. 597. Do you attach any importance, one way or the other, to the opinions of the parents of those who go to the Universities whether they are partly for or partly against the tests ? That is a very important consideration ; but I think parents at present expect and believe that their sons obtain in the Universities, by means of the maintenance of tests and of the Church of England system in the University, that which in reality they do not obtain. 598. Bo you not think it desirable that some colleges should meet the views of one large class of the community, and that other colleges should meet the views of other classes : I do not think the seminary system would be desirable. As I said before, the colleges are becoming much less important than they were in comparison with the University. They are gradually becoming mere boarding houses for the students. ,599. Then there would be no harm, in your opinion, in giving complete ascendancy to the principle advocated by one portion of the people which is in favour of undenominational education ? I am looking rather at the question of danger. I do not think there is any danger in doing so. 600. Do you think there would be any objection to doing it from the point of view of the parents ? I do not think there would be any danger with regard to the parents or the nation at large, because I am sure that parents are deceived at present when they expect to get religious influences for their sons in consequence of the Church of England character of the Universities. What the parent believes he gets for his son at the University through the organisation of the colleges and the so-called religious character of the University, is really obtained at Oxford when it is wanted, but it is obtained by indirect means.. A great deal of reli- gious influence is exercised at the University of an indirect sort by persons like Mr. Liddon, who have a special aptitude for exercising it, and do so quite independently of any organisation. There are persons also of a different school, including a large number of good men among the parochial clergy, who are ex- ceedingly anxious to look after the young men, when they come up to Oxford, and to give them religious advice. 601. You mean that you think that the organisation of a denominational college would bave very little effect upon the men who went to it ? I think it is not wanted, that it would not gain its object in the long run, and that it would be detrimental to the University. teas. Do you think that a uniform University would be a fit place of educa- tion for the sons of a divided nation ? Yes, I think so. 603. Lord Hartismere.) You have been speaking of a certain class of learning, namely, metaphysics and philosophy, being taken into consideration in certain examiuaations ; is that consideration confined to certain centres of thought in Oxford, or is it general throughout the University. I mean, does it affect the University examinations as well as the examinations for fellow- ship* ? Certainly, it affects University examinations. (17.) g 4 604. Earl 5 g MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Appleton. rj 04 . Earl of Morley.] With regard to the obligation of these tests, do you know of any persons having refused to go in for their degrees in consequence «4t hF«b.i8 7 i. of these tests? Yes. 605. That proves that there is felt to be some obligation in them ? Fes. 606 Do you also know of persons having left their fellowships in consequence of feeling that they were unable to continue in them while the tests were in force ? I know of some at Cambridge, but I do not know of any at Oxford ; on further consideration, I remember there have been one or two instances at Oxtord. 607. And you think that that is not a desirable state of things to exist ; the tests do not act in the way you would wish ? I think the number of persons prevented from going to their degree by tests i s a very small one ; two or three, not more, in the whole University. 608. With respect to the studies at Oxford, in what you have said, you refer chiefly to the honors examinations of the Final School m classics r Yes. 609. Undergraduates are prepared for those examinations by private tutors, are they not ? They used to be 10 years ago, but now the whole system of college tuition has undergone a change. The college tutor in one college is amalgamated with the college tutor in another college, and the result is that inefficient tutors are really eliminated by having empty rooms whilst, the best men, and those who are most competent to teach get immense classes, are enabled to keep up with the literature of their subject, and become for all practical purposes professors. The system of private teaching is, in my opinion, likely to give way to this organisation. 610. Still every one who goes in for a high class in the classical schools would have a private tutor, would he not ? Not every one now. In one or two colleges, at Balliol for instance, and per- haps at Corpus, a man of ordinary intelligence may obtain a first class without any private tuition ; and under the system I have described this is beginning to be the case with almost all the colleges. 611. The reason I asked the question is that the teaching of private tutors is fettered by no tests at all, is it ? It is not. 6i 2. Thpy may never have gone to a degree at all, even that of bachelor ? I am not sure how far the power exists with the Vice-Chan cellor to prevent a man from teaching, if he has notably abused his power over the minds of his pupils. 613. Then, with regard to these studies, the manner in which those books which you have mentioned are brought in is this : there are four Papers, one on moral philosophy, a second on political philosophy, a third on the history of philosophy, and a fourth on logic, in which there is a series of questions on which short essays are supposed to be written ? Yes, in the degree examination. 614. The knowledge gained from these miscellaneous books which you mentioned is brought into the answers to these Papers, and thus shown to the examiners ? That is so. 615. With regard to the number who read these abstruse books, it is merely the undergraduates who are likely to get a first class, and those are the very best men, and form a very small proportion of the whole, do they not ? Those who read them are few ; those who get the ideas from them indirectly by means of others are many. 616. Chairman.] You mean that they get crammed in them ? They are not necessarily crammed ; but they are recommended to read por- tions of them, and they hear excellent lectures upon them. Some of the best students of course are acquainted with German, and they read the works for themselves in German. Others have to content themselves with reading them in English or French, as far as they are translated. It is quite impossible to cram modern ideas and methods. 617. Earl SELECT COMMITTEE ON UNIVERSITY TESTS. 57 6 J 7. Earl of Morlcy.] Take, for example, books like Zeller's History of Phi- Mr. C.Appleton. losophy? *4tbFefc\8 7 i. 1 hat is seldom read by undergraduates ; it is far ton heavy ; it is read by tutors, and lectures are given out of it not unfrequently. 618. Surely it is read by undergraduates sometimes ? Now that two portions of it are translated, those portions are considerably read by undergraduates ; but that has only happened within the last two years. 619. Bishop of Gloucester and Bristol, ,] I will only trouble you with a very commonplace and practical question ; it has been suggested by some that it might be desirable to introduce what I will call, for the sake of making myself perfectly plain, a kind of conscience clause, so that those undergraduates whose parents and guardians objected to the teaching which might find a place in lecture rooms should have the power of withdrawing from it ; do you think that there would be any objection to some arrangement of that kind ? I think it would be a very good arrangement if the tuition in the Universities had remained as it used to be. At present, an undergraduate may withdraw himself, according to the new system which is gradually coming into operation (although it is not fully in operation yet), from the class room of any tutor or professor to whom he has been accustomed to go if he does not like a lecture, or if he thinks that the lecture will not do him any good, provided he goes to somebody else. Therefore you do not require to introduce a legislative enactment for that purpose, because the power already exists and is exercised by under- graduates. 620. But does not the power of compulsion exist in many colleges ? It does exist, for instance, in my own college, St. John's, but it is gradually giving way before this system, which has come into operation during the last five years. Perhaps it would be better if I were to explain to your Lordships what that system is. Of old there were a certain number of tutors in each college (I speak only of Oxford). They chose their pupils, not their pupils them, and they compelled attendance at their lectures, whether their lectures were beneficial or not. On the opposite side of the street, per- haps, there was another college which did the same. The tutor at one college, on a particular subject, might be competent, while the tutor at the neighbouring college on the same subject might be incompetent, and the incompetent tutor had as much power to compel attendance as the competent one : but now the colleges are amalgamated together, and a tutor who teaches Livy at one college, and teaches it badly, is amalgamated with a tutor who teaches Livy in, per- haps, two other colleges, and who teaches it well. The undergraduates must go to one or the other of those various tutors who teacli Livy, and they naturally leave the lecture room of the man who teaches it badly, and go to the rooms of those who teach it well. This system was first begun by an amalga- mation of Balliol College and New College. Then another group of five or six colleges grew up, and then another of six or seven, and, now, almost all the colleges at the University, with the exception of four or five, are amalgamated in this way. The result is, that any undergraduate may withdraw himself from the lectures of any given tutor, and go to another lecturer on the same subject at another college ; I ought to add that this amalgamation only applies to lectures for the examinations in honours. 621. Chairman.] How widely does that system prevail ? It prevails to this extent ; there are 19 colleges in Oxford, and I should say there are not more than four in which it does not prevail. 622. Bishop of Gloucester and Bristol.'] You know that this Bill does not extend only to Oxford, but to Cambridge and Durham also. Cambridge may very easily have changed since the long time ago when I was there ; but I believe I am correct in saying that no such system as that which you have just described exists at Cambridge ? I do not know. 623. And by the nature of the case, it cannot at Durham ? I have no means of telling. (17.) H 624. Do 58 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Ajppleton. 624. Do you not think that it would be fair (I will use that homely word) ~~~ that there should be introduced into a measure that may come before Parlia- 24 th Feb. 18 71. mentj or t j iatj j n f actj j s before Parliament, a provision that a man should have the right of withdrawing from a lecture upon a religious subject if he felt his conscience seriously aggrieved by attendance, and if his parents or guardians required it in writing ? I cannot speak of Cambridge or Durham, because I do not know them ; but if I may judge of the tutors of those Universities by the tutors and fellows of Oxford, I should say that there is not one man amongst them now who would refuse the application of an undergraduate who said that his conscience was offended by any lecture. Therefore you do not at all require a legislative enactment for that purpose. 62,5. Similar facilities to those were formerly offered in the case of elementary education, and it has always been urged, per contra, that that which was so very generally conceded had better be secured by a Parliamentary enactment. Does not what is true of primary education seem to be fair, and to apply forcibly to this higher education also ? I think not, and for this reason ; that in legislating with respect to primary education, you are legislating in the main for the education of the children of peasants and artizans, and that what the parent of a peasant boy may not like to do, and what the boy himself cannot do, an undergraduate at Oxford can do on his own account, and certainly his father or guardian can do for him. 626. We will transfer our thoughts to Cambridge; would it not be hard that a young man, not having the advantages of the system you have mentioned as now growing up at Oxford, should be required to attend at lectures upon a religious subject in which there was teaching seriously at variance with the doctrines of the Church of England, to which, we will assume, that young man to be seriously attached ? If there is really any danger of such a thing at Cambridge, I should not object to a conscience clause ; but that would proceed upon the supposition that the Cambridge system remains as it is, and I am not at all certain that that which has come to some completeness in Oxford (I refer to this reorgani- sation of the tutorial system, and the amalgamation of the colleges) has not at least begun at Cambridge ; I have not the data before me which would enable me to judge about that. 627. Duke of Somerset.} I think you say that you would do away with all the tests in the Universities ? I should be in favour of such a proceeding. 628. Even in the case of the Divinity Professors, you would do away with their tests also, would j t ou ? I am not quite sure whether I should go quite so far as that ; I am rather in favour of a system which prevails in one or two foreign Universities, and which has been found to work exceedingly well there ; they have separate faculties belonging to separate branches of Christianity. For instance, at the University of Bonn, there is a Roman Catholic faculty of theology to which men of the very greatest ability and of European reputation belong, and there is also a Protestant faculty of theology. The same is the case at Tubingen ; that Uni- versity, which has a notoriety for a certain class of thought, is at this present moment more celebrated for its Roman Catholic than for its Protestant Divines ; I think a system like that might be tried very well at Oxford. Sup- posing all persons in the country were admitted, not only to education, but to fellowships at Oxford, it would be very desirable, as the" circumstances would show when the change was made, that there should be a Roman Catholic faculty of theology, an Anglican faculty of theology, and a Dissenting or Pro- testant faculty of theology. 629. Then every religion might have its professor ; you would have a Jewish professor, for instance ? I am not sure about that. I do not see any objection to it, so far as principle is concerned, if a large number of Jews went to Oxford. 630. If they wished it ? Yes; as a matter of fact there is a good deal of work in Oxford at this moment SELECT COMMITTEE ON UNIVERSITY TESTS. 59 moment in the department of Oriental literature, done by a well known Jewish Mr. C. AppUton. savant, who is employed there. He is on the best of terms with the Professors of Divinity and Hebrew, who along with many clergymen are very glad to apply 24th Feb. 1871. to him for help in their Biblical studies. I do not see any harm that would arise from setting up a Jewish faculty of theology, provided a considerable number of Jews went to Oxford. In fact, it would be an exceedingly useful institution. 63 1 . Then how would you secure the orthodoxy of the teachers of each of those religions ? Supposing you had a Roman Catholic faculty, a Church of England faculty, and a Nonconformity faculty, would you have some test to satisfy the body with whom the teacher was connected, that he was going to teach the orthodox doctrine of that body ? I have really not considered that question ; it would not be at all objectionable, as far as 1 see, to have a test within each faculty ; but I think if the process of co-optation were employed, whereby the professors in the faculty filled up a vacant Chair, there could be no difficulty with regard to a test ; they would. put in a man who would be sure to teach the orthodox faith of the body. 632. Chairman.] As to the conscience clause, is it possible that any kind of protection could be given to those who go up for honours, against being examined in books which they would object to reading, or which their parents or guardians would object to their reading ? I do not think that is possible ; but it is rather a political matter upon which I ought not to speak. Unless the books to be read in English Universities were prescribed by law, and it were forbidden to read others, it would, I think, be impossible to carry out what your Lordship suggests. 633- Would it not be possible for an undergraduate to protest in any way, and to say that he must not be judged by anything out of Spinoza, because his principles would not allow him to read that author ? I should be much more in favour of a greater variety of choice being given to candidates for honours in the different schools'. In fact, I should be glad if candidates for matriculation were allowed to matriculate in any branch of knowledge which is well known, instead of, as now, in Classics only ; I think if you admit a large number of the community to the Universities who have not the means of going to public schools, that arrangement must ultimately be made ; and I would apply the same rule to the school of Philosophy and History ; that is, to that which is called the Classical school. I would not object to a Roman Catholic who preferred to read St. Thomas Aquinas, or any of the scholastic philosophers, being examined in books of that kind, bearing upon the subject ; and to allowing him to neglect entirely the books which 1 have mentioned, which are now read in Oxford. I think, if you admit Roman Catholics, you must give some such permission. 634. You would therefore admit the injustice of any particular examiner pressing his own beliefs, or his favourite modes of thought, in the questions he set in the Papers which were to form the standard by which he would judge of the candidates ? I think that would be a bad thing if it existed ; but it does not exist ; it is impossible, probably, for a person who sets questions to prevent some tincture of his own opinions being seen in the questions he sets ; but I know very great care is taken in setting the questions, that it should not appear. 635. Is there any kind of appeal from, or superior authority over, the examiners ? The Vice Chancellor, I believe. 636. What power has the Vice Chancellor ? I do not know in detail. I know that, in some cases where an examiner is supposed to have treated a candidate in an examination unfairly, complaint has been made to the Vice Chancellor, and either the Vice Chancellor or the proctors have gone down into the examination room and sat there whilst the examination was going on, in order to put an end to anything like im- proper treatment of a candidate in the examination. 637. Duke of Somerset.] Under your system, what would you do with the college chapels ? (17.) h 2 1 think 60 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr C. Appleton. J tbink tnat is a D " D ' I have paid some attention to it. 646. What is your opinion with respect to the action of tests in the University of Oxford ; do you hold them to be abstractedly desirable ? I think that some tests are certainly necessary, though under our actual circumstances a modification of the existing tests is undoubtedly desirable. 647. On what grounds ? Chiefly on account of what I suppose to be now the political necessity of admitting Nonconformists and other classes of Her Majesty's subjects to full educational advantages as distinct from the duties of teachers in, our Universities. 648. Apart from the external action of Parliament, you do not think that thei*e was arising out of the circumstances of the University itself any internal necessity for a change ? I am not prepared to admit that unreservedly ; but I should have been glad, if I may enter into particulars, to have seen a substitution of the Nicene Creed for the Thirty-nine Articles, as the test imposed on all members of Convocation. 649. That would of course have admitted a very much larger circle of Chris- tians than are admitted at present ? Yes, very much larger. 650. It would have admitted the Roman Catholics, and would have admitted all those who are ordinarily called the Orthodox Dissenters ? Yes. 651. It would have excluded the Unitarians and those who are of no belief at all ? Certainly. 652. It has been stated before us that the tests now have no efficacy in ex- cluding those who are of no belief at all, because they are such as unbelievers can perfectly well take ; is that a statement familiar to your mind ? Yes ; but it is very much too sweeping to be accurate. There are a certain number of men (I should say, as far as my experience goes, a very restricted number) who practically subscribe to what is called the doctrine of '* signing anything" j but I think they are less numerous than is often 'supposed to be the case. (17.) h 3 653. They 62 MINUTES OF EVIDENCE TAKEN BEFORE THE H^LiddlTvv 653 ' The y (!o S0 0n the gr0Und that ifc is exa cted from them by force, I ' ' " " presume? 2 8th Feb. 1871. Doubtless, on that ground. 654. Have you heard of any views such as would be expressed by the words I am about to read ; " I have heard the views distinctly expressed by persons who have signed the test that these formulae are formulas which have become entirely obsolete in their character and language, and therefore having no rela- tion whatever to modern life, they may be both affirmed and denied equally bona fide " ? 1 am familiar with the formula, but it would be acceptable, I think, to quite a restricted class of minds, at least in Oxford. 655. "The view is that they do not admit of definite affirmation or definite denial, and that they are outside the mind as it stands at present " ; is that at all familiar to your experience at Oxford ? Yes, that would be, as I suppose, the view that would be taken of them by that section of highly educated men, who are more or less influenced by the Hegelian Philosophy. I do not at all mean to deny, of course, that there are sections of our residents who are opposed to tests on other grounds. 656. Have you ever heard the argument used, " The test which is at present exacted for a master's degree at Oxford is to the effect that the master believes that the doctrine of the Church of England is in unison with the Word of God. That excludes a man who believes in the Word of God, but does not believe that the doctrine of the Church of England is in con- formity with it, but it includes not only the man who believes that they agree, and that they both stand, but it includes also the man who believes that they agree, and that they both fall." I am anxious to find out whether these, which have been laid before us as opinions prevailing more or less in the University, have come under your cognizance ? Yes, I have also heard of that theory of tests. I imagine it is true to say of it, as of the other, that it applies not so generally as may have been repre- sented to your Lordships, but only to narrow sections of resident thinkers and teachers, which, taken by themselves separately, are insignificant, although collectively, no doubt, these various objections require and demand serious consideration. It would be a serious misrepresentation of Oxford, so far as my experience of it goes, to say that this particular objection to tests was enter- tained by a considerable proportion of the residents. 657. I suppose the section, though scanty in numbers, is influential out of proportion to its numbers ; I mean, when I say " influential," not in Oxford, but outside Oxford ? Yes, probably. 658. You have told us what test you would prefer to substitute for the exist- ing tests ? Yes, if it were possible, the Nicene Creed. 659. What do you think is possible ? In proposing the Nicene Creed for all members of Convocation, I am proposing a test which I suppose, at this stage of things, to be, politically speaking, out of the question. If all degrees are to be free, as I take it for granted they now must be, and, as 1 also assume, all professorships, and further, lay fellowships, I should propose to restrict the operation of tests to the Divinity professorships. I should like, if it were possible, to impose them on professors of Moral and Metaphysical Science as well as of History, because everybody knows how closely those subjects are connected with the most fundamental problems in theology. I would further exact a test from all laymen who might teach in colleges — that is to say, who might be tutors in colleges. 660. And that test would be, I suppose, the Nicene Creed in your view ? I was thinking of members of the Convocation when I mentioned the Nicene Creed ; a more definite test might be necessary, if no test were exacted from Masters of Arts in positions of great educational responsibility. A much more definite and exact test would certainly be necessary for the Divinity professor- ships ; there would be no reason for changing our existing test in this case. 661. What SELECT COMMITTEE ON UNIVERSITY TESTS. 63 66 1. What tests should yon propose for the tutors at colleges ? Rev. Professor In answering your Lordship's question, I am embarrassed between what I Pn Llddo n > D,D * desire and what 1 suppose to be possible. 28th Feb. 1871. 662. I think you had better say what you desire? I certainly should desire, besides a subscription to the Nicene Creed, a declaration of conformity to the Liturgy of the Church of England, at least in the case of lay tutors in colleges ; or in the case of lecturers in colleges, some such declaration as that which was proposed, I believe, by Sir Roundell Palmer, and which would be of very great practical value indeed. 663. Earl Stanhope.] Will you define what you consider to be Sir Roundell Palmer's recommendation to be ? It is given, I believe, in terms at page 120 of a Report issued by your Lordships, and since published. " Every person hereafter to be elected or appointed to any professorship in the said Universities, or either of them, or to the office of tutor or lecturer in any college within the same, shall, before he be deemed capable of entering upon or discharging the duties of such office, or entitled to receive the emoluments thereof, make and subscribe before the Vice Chancellor of the Univer- sity, or before the head or other chief governor of his college (as the case may be), the declaration following : — 'I, A.B., do solemnly and sincerely declare that as (here describe his office), and in the discharge of the said office I will never endeavour, directly or indirectly, to teach or inculcate any opinion opposed to the Divine authority of the Holy Scriptures, or to the doctrine or discipline of the Church of England, as by law established." i believe that such a test as that would be of very great practical value. 664. Chairman^] That test, I suppose, would suffice in your view for the lay teachers as well as for the lecturers 1 Probably it would. 665. Supposing, for argument's sake, that it was not possible to apply that test to all fellowships and all endowments, do you think that there is any class of endowments which, from the date of their foundation, have a special claim to be protected in this way ? Especially those with which the colleges have been endowed since the date of the Reformation. They are much more considerable, relatively to the whole endowments of Oxford, I believe, than has yet been recognised by Parliament. 666. They were given, I suppose, under the sanction of the law as it stood, and in the full belief that they would be used for the Church of England ? Certainly. 667. Are they equally distributed amongst the colleges, or do you think that they attach to particular colleges ? They attach to particular colleges in very different proportions. To the strongest class of cases belongs Wadham College, which was founded since the Reformation, in 1613, and in the full belief that it was a Church of England foundation in the modern sense of the term. But I believe I am right in saying, that the whole of the endowment of Worcester College is post- Reformational. It was founded in 1714, by Sir Thomas Cookes, at the expense of 15,000/., for a provost, six fellows, and six scholars. Among other bene- factors are mentioned, in 1736, Dr. Clarke, 4,000/., Dr. Clarke, 345/. a year; in 1739, Mrs. Eaton, 700/. a year; Lady Holford, 40/. a year; in 1717, Mrs. Alcora, 7,000/. But, besides these extreme cases, there is another class of cases which must be taken into consideration, such as, for instance, Balliol College. In Balliol College, out of 12 fellowships (or 11, as the number is now), three have been founded since the Reformation, in the years 1616, 1628, and 1676. Of its scholarships or exhibitions, there have been founded two, in 1616 and 1676, two in 1628, and four in 1668. The Snell exhibitions were founded in 1677. There are 10 of these, and they are worth about 110/. a year. In 1696 and 1762, 12 more exhibitions were founded, varying from 15/. a year to above 50/. a year. Then, coming to quite recent times, in 1840,. Dr. Prosser, late fellow of Balliol, left by will 3,000/. for exhibitions. In 1854, Dr. Jenkins, Master of Balliol, left 7,000/.; in 1866, Miss Brackenbury gave 3,000/. for exhibitions; in 1868 and 1870, she gave 9,000/. for the rebuilding of the (170 H 4 college. 64 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor college. I should mention also, that I have been told that more than one-half H. P. Liddon, d.d. of the a( j vowsons of Balliol College have been presented to it since the Reforma- I tion, and there is evidence of sums from time to time given, during the 16th, a8th Feb. 1871. j^ aT]d lgth centun - eSj f or the repair of its buildings, amounting to at least 7,000 /. That is an instance of what I mean. 668. But, of course, a similar state of things extends to other colleges of the University r Certainly ; I could give the details if necessary. 669. Are there any other particular instances of a similar kind which you think it important to lay before the Committee ? I do not think there are stronger cases than that, but it is an example of a state of things so general as to be the rule ; I think it very important indeed to place before Parliament this fact, that of the actual buildings and endowments at the disposal of the colleges of Oxford, a very much larger proportion indeed than I imagine to be generally supposed to be the case, has been given to them since the Reformation, and on the distinct ground that they were colleges of the Reformed Church of England. 670. It has been often stated that tests have failed to promote unify of faith and teaching in the University, is that your opinion? They have done so to a certain extent, but the failure has not been so great as has been represented. They have certainly corrected and restrained wild speculative license, if I may be permitted the expression, on this side and on that, to a very much larger extent than is commonly admitted. But their great value has been that they have operated in the way in which perhaps Sir Roundell Palmer's declaration would be still more useful ; they have operated negatively. They have prevented teachers in the University from stating crudely and pas- sionately to the great injury of their pupils, destructive and irreligious ideas, which for the moment they were entertaining, and which, without any restraint of the sort, they would undoubtedly have felt themselves at liberty to set before their pupils. There is this advantage about tests. A man does not merely feel the pressure of the test in proportion to his conscientiousness, but he knows perfectly well that every single pupil to whom he is lecturing knows also that he has taken this test, and that he can only contradict its import in his public teaching at the expense of his honour. 671. It is as being obligatory upon his honour that the test is really efficacious ? I think so ; at least in many cases. 672. The ordinary argument therefore that it only applies to conscientious people really indicates the true strength of the test ? I am not quite sure that I can assent to that. I should not describe a person as strictly conscientious, who, not feeling the obligation imposed by the test himself, yet felt, as many men have felt, that he would be thought dishonourable by other men if he contravened it. 673. If I substituted the word " honourable " for the word " conscientious," you would then assent to that view ? Yes. 674. The only persons whom the test would admit, and would suffer to teach, would be people who would not have the moral authority to make their teaching effective upon their pupils ? I have no doubt of it. I have no doubt that so long as the test system lasts, the moral authority of those who notoriously contravene tests which they have signed, will not stand high with the best part of the undergraduates. 675. Then you do not believe that it is true that the value of the test has disappeared ? Certainly not. 676. Do you think that in any respects they have failed to answer the expec- tations that were formed of them ? Yes. Of course in a centre of active intellectual life, such as the University is, SELECT COMMITTEE ON UNIVERSITY TESTS. 65 Is, and ought to be, they have been. at times subjected to very serious strains; Rer. Professor that could scarcely be otherwise. But in order to estimate their value, we H.P.Liddon,D.o. ought to look not simply to the few and notorious instances in which they are clearly inoperative, but also to the large number of cases in which they do exert 28th Feb. 1871. a very powerful influence, and in which, but for their presence, there would be no.guarantee against a very large class of serious dangers to the religion of the undergraduates. 677. Do you think that the abolition of them would have a specially injurious «ffect upon the smaller colleges of the University ? Yes ; without some other guarantees it would. I think that this Bill, if passed as it stands, will undoubtedly affect the smaller colleges much more disastrously than it will the larger foundations. 678. For what reason ? In order to see how it will work you have merely to put the common life of the smaller colleges before you. In a small college as a rule there are, upon an average, three or four residents at most. These men consult together about their lectures, they live together in the common room, they take part in the services of the chapel. Supposing this Bill to become law, it is quite within the limits of probability, I should say of more than probability, that in some of these small colleges you will have, say, one Baptist, one Roman Catholic, one Comtist, and one member of the Church of England, in residence together. Now 1 cannot understand how anybody who has resided in one of our Universities, and who has been actually engaged in the work of education, can conceive how, under such circumstances as those, the common life of the college can go on unless there be a distinct agreement on all sides to ignore altogether the one subject which is of the highest importance. Parliament may, of course, limit that effect of the Bill if it lifts certain departments of college life altogether out of the range of college legislation — such, for instance, as the chapel services — and the maintenance of Divinity lectures ; but unless it does this by express provisions, the absolute proscription of religion will be necessary in order to carry on education in the smaller colleges. I say the " smaller colleges," be- cause I do not at all suppose that this will hold good to the same extent in large foundations, such as my own college, Christ Church, or Trinity College, Cam- bridge. There the probability would be that for a very long term of years you would have a clear majority of members of the Church of England on the governing bodies. If I might add one remark, it would be, that it is probable that both Dissenters and persons whom I should wish to call without offence non- Christians, will reside in the Oxford, which would be created by this Bill in larger numbers than would be anticipated from their relative numerical propor- tions to members of the Church in the country at large. On the one hand, the University will be a new field of intellectual interest and of work open to them, and they will be naturally disposed to explore and make the most of it ; and, on the other hand, when they once are there, there will not be the same reason for exchanging educational for other duties, which there will always be in the case of a very large number of Church of England tutors. So long as the livings remain in the patronage of the colleges, those clerical members of the Church of England who take part in education at Oxford will be continually moving away ; while they will leave behind them as permanent residents, with the enor- mous moral and intellectual advantages which attaches to long residence, persons who have no such motives for quitting the University. 679. Then the possession of the advowsons by the colleges will be an injury to the cause of Christian teaching under the new Bill ? I think so, distinctly. 680. To what extent do the Divinity lectures form part of college life and college teaching? T can answer that question best by saying what is the case in my own college. At Christ Church there are at present four sets of Divinity lectures : one upon the " Evidences," by Mr. Fremantle ; one upon the Acts of the Apostles, by the Junior Censor ; one upon St. Matthew's Gospel, by Mr. Moberly ; and one upon St, Luke's Gospel, by Mr. Salway. They are all delivered on Mondays and Fridays, at 10 o'clock in the morning ; 'and every member of Christ Church who is not a Dissenter or a Roman Catholic is obliged to attend one set. (17.) I 681. In 66 MINUTES OF EVIDENCE TAKEN BEFORE THE "Rev. Professor 68 1. In what way would you provide for lit ting them out of the authority of P.Liddon,j>.M. the colleges > "~7" By asking that Parliament should add to this Bill a distinct clause, enacting sKth FeK 1871. ^ t ^ provision should be made for the continuance of religious teaching in accordance with the doctrines of the Church of England in every college and hall of the University. 6$2. And on whom should Parliament lay the duty of seeing that that pro- vision was carried into effect ? I should think, undoubtedly, on the members ot each foundation, on the governing body of each foundation. 683. That would be easily open to evasiou if they were so minded, would it not? .... It might be evaded in some few cases; but supposing Parliament, in its wisdom, should add such a proviso to the Bill, the practical effect would be, that it would, upon the whole, and, in a great majority of cases, secure the continuance of re- ligious teaching. 684. You might give power to the visitor to see that such a provision was in force ? Certainly ; persons who are not resident in the University can scarcely suppose how very largely Parliamentary legislation, even where it does not intend to govern, does govern by its spirit as distinct from its letter, our local legislation, both University and Collegiate. It is upon that ground (if I may make a digres- sion for a moment) that I confess I am able to attach very little value indeed to the statement in the Bill now before Parliament, that nothing in the Bill is intended to interfere with any statute of the University which at present (as for instance in the statutes about preaching in the University pulpit) guarantees religious orthodoxy or religious discipline. The argument that will certainly be used in the council of the University, in the Congregation and elsewhere, will be that it is our duty as soon as this Bill has passed, to bring our statutes at Oxford into harmony as far as we possibly can with the " spirit " of the Bill. It will be assumed that the spirit of the Bill is to destroy everything of a "sectarian " character, so termed, and that therefore, although we are not bound by the Bill to get rid of remaining protective legislation, we ought to do so. That consideration ought, if I may express an opinion, to be taken very greatly indeed into account, because it shows that Parliamentary legislation has a much further effect and scope in the Universities than its exact letter would seem to imply. 685. You are anxious that it should be made clear upon the surface of the Bill, that there is in this statute no hostility to religious teaching f I am anxious that the Bill should deal with religious teaching, not simply negatively, but positively; that it should not simply say, we do not wish to interfere with any existing provisions for religious teaching, but we enact that there shall be in the future such and such provisions for the maintenance of religious teaching. 6S6. I presume that you see no objection to excusing those who are of a different faith, from attending upon such teaching ? Certainly not ; that question has been already decided by the practice of the University. We have already had at Christ Church, I think I am right in saying, 15 Roman Catholics and several Nonconformists, and they have been entirely excused all attendance at Divinity lectures, and at chapel. 687. Do you find that that gives any premium for nonconformity ? I do not think it does, practically. We have had 15 Roman Catholics since 1861 ; we have had one member of the Greek Church, a son of Count Pontiatine ; we have had one Parsee. 688. You have a Mahomedan now, have you not? We have one Mahomedan now, and we have had four Protestant Nonconform- ists, two of whom have been, I believe, Unitarians. One does not declare himself, and one who professes no belief. If these figures err at all, they understate the number who have been admitted, but I think that the inaccuracy is not con- siderable. 689. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 67 689. Do you make the attendance at chapel voluntary at Christ Church r Rev. Professor No; but the chapel discipline is very much laxer than it was, even 10 H.P.Lwldon,D.v. years ago ; and as compared with what it was when I was an undergraduate, 2 g t jj p e ^ # 1 g 71# more than 20 years ago, it is very lax indeed; but still with us it is not volun- tary. It is entirely voluntary in two colleges in the University, and it is presented in two others as the alternative to a roll-call. 690. How has that experiment answered? Differently in different colleges. In Balliol College it has been voluntary as an alternative to a roll-call during the last year and a half; that is to say, the present system began before the late Master left. Attendance is, however, required at the morning and afternoon services on Sunday. Out of a number of undergraduates which, speaking roughly, ranges between 110 and 120, the average week-day attendance now in the morning is 10, and the average week- day attendance now in the evening is three. The average number of communi- cants every week is 10, and of monthly communicants 1 5. The other college which with Balliol makes attendance at chapel the alternative to a roll-call is New College. Every undergraduate is obliged to do one of two things ; he must be up, in any case, at eight o'clock, and he must either attend chapel or enter his name at the gate. That system has been adopted at Balliol and at New College. At New College, in the October term of 1870, the average attendance daily at morning service was 26 undergraduates out of 52. The average attendance at daily roll-call was 12 out of 52. The difference, of course, would be made up by undergraduates who were in bed, The attendance at Holy Communion every alternate Sunday at eight o'clock was from 15 to 20. One of the authorities at New College has furnished me an exact account of the attendance on every single day in the term, which I can show to your Lordships if you woidd like to see it. 691. Perhaps you would kindly put it in ? Certainly. — (The same is delivered in. Vide Appendix.) 692. Earl of Harrowby.) Is New College still usually fed by Winchester School ? Yes. Its fellowships are open now, I believe ; but there is a large Winchester connection. There are two other colleges in which the voluntary system has been adopted, Merton and Corpus. In the case of Corpus I have no very par- ticular figures. I understand that the voluntary attendance is something under one-half. In the case of Merton there was, first of all, a resolution of the college to make the attendance at chapel voluntary, and it was overruled by an injunction of the visitor, and now the principal of the post masters sees to the attendance. If a man persists in absenting himself after admonition, he is liable to be sum- moned before the. warden, who formally reprimands him. The experiment of having a roll-call four times a week began this term. At present the two systems go on side by side. There are about 60 undergraduates in residence, and out of these the week-day morning average is 17, and the evening average is three or four. There is no Roman Catholic in the college, and no one known to be a Dissenter. 693. Chairman^] Have you any statistics of the Sunday attendance ? At Merton, on Sunday morning and evening all are expected to attend, and very few are absent on Sunday evenings. The Sunday attendance is insisted on much more strongly in every college in Oxford than the week-day attendance. 694. Did you give the Sunday attendance in Balliol ; perhaps if you have a Paper relating to Balliol you can put it in ? The Paper as to Balliol is one which I wrote down from conversation. I am not prepared to put it in. As regards the Sunday attendance at Balliol, I can only state that it is required at morning and afternoon service. It is, I am told, very much more numerous than that on week days. The Master of Balliol constantly preaches on Sunday afternoon, and that in itself would com- mand a very large attendance. 6g$. Very strong evidence has been given to us upon the influence of the Final School upon Oxford thought, as tending to produce at least momentary disbelief ? (17.) I 2 I have (jfl MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor I have no doubt whatever that it is one of the main causes of our present 11. P. IAddnn, d.d. embarrassments. 606 That, I suppose, is a comparatively new phenomenon ? 28th Feb. 1871. Y^ • it dates from the last great, modification in the system pursued in the Honours School of litem hnmaniores. It is mainly the one-sided study, as I should venture to call it, of modern philosophical writers. 697. Is there any special defect in the management which produces this con- dition of things, or is it essential to the nature of the school ? I fear it is to a great extent essential to the nature of the school as its subjects are at present distributed. 698. There is noway of preventing young men from showing their aptitude by reading a large number of the well-known works of the time ? No- the difficulty lies in the large field of subjects which they have to offer for examination. They have to take up three distinct subjects; Philology,. Ancient History, and Philosophy ; and within the time at their command, it is impossible for them to do more than master a single aspect of each one of those subjects. The injury to religion which has arisen from this school, as I cannot but think, will be in course of time very greatly lessened, because it is for the interest of the higher education, on grounds totally independent of religion, that the school should be divided. 699. That the school should be divided ? That the school should be divided. The tendency of the treatment of studies in Oxford is towards " specialising " the schools ; that is to say, towards assign- ing a distinct school to each subject. We want a separate school of philology, dealing with philology, as it is dealt with in Germany, in a very much more thorough and exhaustive sense than we English commonly deal with it ; we want a historical school which shall not, in our present indefensible way, separate ancient from modern history, by putting them in two different schools ; we ought to devote a single school to its study. Philosophy should be treated in the same way. I have a great fear of philosophy as it is studied at present. I should have no fear of philosophy if it were studied thoroughly. At present, men have to read against time, with almost physical pain, a certain number of writers whom they master with difficulty, and whose words they reproduce without at all in many cases mastering their whole meaning. The most paradoxical phrases in these writers often shape and govern the thought of our students. The present school does not encourage that amount of critical power which the friends of real philosophy would desire. It a man studies philosophy in the Hegelian sense, he has no time to do justice to the experimentalists, and if he studies it in the experimentalist sense of Mr. Mill and Professor Bain, he has no time to master the Hegelians. Upon this subject I might refer to a very impartial witness in the Rector of Lincoln College, Mr. Pattison, who says in his " Sugges- tions on Academical Organisation," at page 302, "The character of the ' philoso- sophical ' element in that training has begun to be questioned by other than those who have surrendered their judgment to a theological party, and on other grounds. Mr. Thomas Axland, m.p. (to cite one who cannot be charged with speaking from party bias) writes, ' I venture very earnestly to urge the con- viction that the intellectual freedom for which Mr. Mill gives Oxford credit, and which, within the bounds defined by Christian humility, I do not desire to abridge, would be more safely exercised, and would be stronger and more healthy if there were less ignorance of common principles and laws of nature ; more security for sound training in exact studies admitting of definite certainty requiring care in the statement of the datum and the qucesitum, imposing due regard to the statement of evidence before young men are plunged into an ocean of doubt about the reality of the faculties, intellectual and moral, with which we are endowed by our Creator.' " He goes on to say, " ' Some subjects are postponed so that they are hurried over ; others are excluded ; abstract questions and doubts are prematurely forced on minds ill prepared to master them. For example, Aristotle's Rhetoric, a favourite with statesmen and orators from Lord Grenville downwards, has been squeezed out ; the Ethics and Butler are unread by many who seek honours in law and modern history.' " More than- that I am afraid might be said about Butler. " ' The orators are excluded from the SELECT COMMITTEE ON UNIVERSITY TESTS. 69 the course of history ; logic as now taught, -with its unsettled and unsettling Rev. Professor theories, is forced onall ; a wide range of physical science is approached by men H ' p - Lsddon > D - D * who have had no training in geometry or mechanics treated mathematically.' " ogth Feb ig-i> Mr. Pattison does not adopt all of Mr. Acland's criticisms; but he observes that " J the honour curriculum, " is already bursting from being overcharged with matters, and our reforms must take the direction of further specializing study." That is on page 303. 700. But why is it that the more destructive side of philosophy appears to be selected by the young men who have not time to study it in all its aspects? That depends, no doubt, partly upon the intellectual fashion of the time ; of course the world of Oxford is affected to a certain extent, indeed to a large extent, and inevitably, by the general mental atmosphere, of England and of Europe. We all of us know how things are moving in the world of thought at large, but it should clearly be the function, educational and speculative, of a University to correct one-sided excesses in thought ; to provide against the exaggeration of the moment by insisting on a thorough and comprehensive study of subjects which might, at a particular time and in popular treatment, have a single side put too prominently forward. We have been failing in our duty to the thought of the country in not having clone this always with philosophy. 701. This inclination on their part is not due, you think, in any way to the action, direct or indirect, of the examiners, but rather to external influences ? Individual examiners undoubtedly have very great influence upon the schools. When a set of examiners is appointed, every undergraduate who means to go in to the Honour School does his best to find out what are the examiner's philoso- phical views, and his reading is determined by his real or supposed discovery. Of course, in the case of a fair-minded examiner, any such prudence is more or less disappointed by a paper of questions which deals with his subject in all its aspects, and not from merely that side of it in which he feels the strongest interest ; but, on the other hand, an examiner may not wish to examine in what he looks upon as an exploded theory, if he can help it. 702. So that without any guilt on the part of the examiner, his known proclivities may liave a considerable influence upon the reading of the students ? Undoubtedly. 703. Duke of Somerset. 7 ] I think I might divide your evidence as to the im- position of tests into two parts ; one referring to what you think practicable, and the other to what you think desirable ? Certainly. 704. For instance, you said you thought it desirable that the professors of moral science and metaphysical science, and even of history, should take tests ? I did. 705. But afterwards I think you came to what T may call a more practical suggestion, namely, a clause to provide for religious teaching in every college in accordance with the doctrines of the Church of England ? Some clause of the kind is a sine qua non if religion in any shape whatever is to hold its own for the future in the University. 706. Supposing we took that as the practical suggestion you make, and omitted as impracticable your wishes as to the professors of history and moral and meta- physical science, do you think we should leave the University in a very dangerous condition? I think .you would undoubtedly expose young men to dangers of very various kinds, but at the same time if religion were not altogether banished from the system it would be possible to pass through the University without losing faith. I confess I think that the great source of our dangers is the present condi- tion of the Final Schools. I am afraid I am taking a great liberty with your Grace, but perhaps I may digress for a moment ; I ought to have stated to the noble Chairman just now, that cases have come within my own experience of men who have come up from school as Christians, ' and have been earnest Christians up to the time of beginning to read philosophy for the Final School, (17.) I 3 but 70 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor but who, during the year and a half or two years employed in this study have H.P. Liddon, d d. surrendered first their Christianity and next their belief in God, and have left the 28th T~b~ 8 University not believing in a Supreme Being. 707. But seeing that this Bill has twice been sent up to the House of Lords as you are aware, we have to deal with a practical question ? Certainly. 708. I suppose you do not think it very likely that we could retain the tests for professors of history, or moral and metaphysical science ? I should suppose that politically it would be impossible ; but that is a subject upon which I could not offer an opinion entitled to your Grace's consideration, 709. But if it were practicable to retain religious teaching in every college, and to retain the service in the chapel according to the forms of the Church of England, that would be at least a deference to the religious opinion of the country ? Certainly, and it would be very valuable so far as it goes. 710. That would be in itself of great value? It would be of very great value. 711. You have spoken also about the study of philosophy ? Yes. 712. You have said that the study of philosophy leads men, as I understood you, first to a lax view of Christianity, and next to a lax view of religion alto- gether ? Yes. If your Grace will allow me to explain, I do not speak of the study of philosophy absolutely and under all circumstances, but at Oxford, and under our present circumstances. 713. It is because the young men follow the philosophy of Hegel, or Comte, or somebody else ; but could you tell me who is the orthodox philosopher whom they ought to study to counteract those philosophers ? It is impossible to give so simple an answer to that question as I should wish to give to your Grace ; but I should have thought that the specific positions of these thinkers has been enforced to very trenchant and effective criticism. If I might refer as against a great many of Mr. Mills' doctrines to a writer who is perhaps not so well known as he deserves to be, I should name Dr. McCosh, who was a professor at Belfast. Hegel, of course, is undermined upon two sides; he is claimed by what is called the " Hegelian Left," which subjects him to a reductio ad horribile in the shape of materialism; while the "Hegelian Right " would make their master teach a spiiitualist philosophy better than his own. The moment you grapple in detail earnestly and believingly with these forms of thought, there is nothing really to fear in them. What I do fear is the assumption that because these thinkers represent imposing philo- sophical systems, independent thought is impertinent or impossible. 714. Bishop of Gloucester and Bristol.] I will put a question to you, carrying on the present subject that you have done the Committee the favour of bringing before them, namely, the effects of the present study of philosophy upon young and sensitive minds at Oxford. Certain statements have been made before the Committee that in some degree are coincident with yours, and in some degree, I trust, go beyond them. I will take the liberty of questioning you with reference to what has been said by others as well as with reference to what you yourself have said. I understand that your opinion is unfavourable to the present teach- ing of philosophy as now existing in the Final Schools at Oxford ? It is to the present restricted treatment of the subject. If your Lordship would allow me to explain, I should like it to be a matter of obligation that every man who reads philosophy for the Honour Schools at all should be obliged to study it thoroughly; the spiritualist as well as the materialist thinkers, the Scotch philosophers as well as the experimentalists. 715. Should you go so far as to say that "the upsetting of beliefs is an in- evitable consequence of the system of education which now exists at Oxford" ( I should certainly not say that it was an inevitable consequence, because I know SELECT COMMITTEE ON UNIVERSITY TESTS. 71 know cases in which it has not occurred; I would rather not adopt the word Rev. Prefessor "inevitable," because, to use a common comparison, there are men who are H.P.ldddon,v.n, capable of putting their religions beliefs into one box in their minds and their 2 8th Feb 1871 philosophy into another, and never comparing the conclusions of the two ; and, , ' therefore, when speaking philosophically, they continually insist upon one set of conclusions, and, speaking religiously, upon another. The convictions they entertain as philosophers contradict their faith as Theists and Christians ; but they never put the two side by side. I do not think among highly educated men it is a very large class, but I know such men, and of course they are not affected. Then there is another way in which philosophical study for the schools may, no doubt, educate men very highly indeed without touching their belief; they regard philosophy as simply a product of the human intellect, to be studied as such, to be studied as a work of art, and, of course, in the process of studying it, they themselves gain the very highest intellectual culture, but they never ask themselves the question, what is the relation of all this to absolute truth ? Prob;ibly they may not ask themselves that question very earnestly about even their religious creed, but at the same time they continue the habit of saying their prayers and reading their Bible, and so on, so that practically their religion survives. 716. So that the rectified statement would be, that it is not an inevitable consequence, but that it is sometimes a consequence owing to the present state of things ? Certainly ; and I fear I must add that it is not unfrequently a consequence. 717. Should you go so far as to say this: that it is " impossible for any man to throw himself into the system of education for the Final Classical School without having every belief in his mind loosened for the time "? There I must again limit the word " impossible," by the consideration which I have already put before your Lordship. 718. Let us take the word " imposssible ;" you would say that it is only too possible? Only too possible. 719. Is Kant much read now ? I take it that he is probably known in the main at second-hand ; his " Critique of Pure Reason " probably is read by a considerable number of men who go in for the Honour Schools. 720. Is Hegel's "Philosophy of History" much read by the higher class of men ? Yes, to a considerable extent ; I think it is less read now perhaps than it was a few years ago ; but I speak with a certain doubt as to the most recent habit of reading men ? 721. Should you consider that that book would have a very injurious effect i* read, let us say, smatteringly ? I think it would very largely depend upon the convictions and influence ot the teacher or coach who expounded it ; of course, as your Lordship knows, an instructive and notorious instance of the application of the the Hegelian Philo- sophy to History is Strauss's " Leben Jesu." 722. You spoke about moral philosophy ; now, a statement has been made before us, that moral philosophy, as it is at present taught in Oxford, is totally disjoined from all religious opinion : is that really so ? It is very much more nearly true than I could wish were the case, at least as far as regards its cultivation for the Honour School. Undoubtedly the object of the school of thinkers who would call themselves most advanced, is to find a physical basis for morals which would render it unnecessary for them to refer m any way to religious beliefs for enforcing the most elementary social and moral duties. 723. Such a disjunction you would greatly lament? Yes, certainly. 724. Have the grosser forms of materialistic philosophy found any favour in Oxford? . (!7.) 1 4 1 suppose /2 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor I suppose it is impossible to say that there is any form of materialistic H. P.Liddou, d.d. philosophy which has not found some favour there, with some classes of a8thFZ"i8 7 i. n,inds - 725. Has such a man as Biichner found any sympathising readers among the better class of young men ? I cannot at all say how far he individually may have been read ; you mean Biichner's " Kraft und Stoff." 726. And his last book ? I know of one or two cases where men have read him, but I should have thought that they found exponents of very nearly the same philosophy nearer home, and set before them in very vigorous English. 727. I will only trouble you with one or two more questions with regard to the college chapels ; do you attribute any religious value to college chapels ? Yes, I attribute very great value indeed to them. 728. I am sure the Committee would gladly hear shortly the reason why you do so, though it seems strange to ask the question ? For such a purpose as this I should divide Oxford undergraduates into three classes — the "very good," a small class, who would be under any circumstances men who would do their best intellectually and morally ; the " very bad," whom no system can touch ; and a much larger number between the two, who are influenced most powerfully by their surrounding circumstances. It is upon that large intermediate class that upon the whole and in the majority of cases, the college chapel exercises, to my certain knowledge, a most beneficial influence. I have no doubt whatever that there are persons who are insensible to all religious considerations, and who belong to the second class, who are obliged, when attendance at college chapel is compulsory, to comply with the system, and who speak of it in later life as being a slavery and an annoyance ; but I know numbers of men who, without any strong religious convictions or sympathies to begin with, have found in chapel attendance a hallowing and restraining influence during their years of residence, and have referred to it most gratefully after- wards. These are men who belong to that, numerically speaking, largest inter- mediate class which lies between the two extremes. 729. So that you would emphatically deplore the striking out and the repeal of a certain section (it is numbered 13 in some books) of the Act of Uniformity which, if I remember rightly, would provide that the service in college chapels should be according to the Church of England, and according to no other form r Certainly, I should deplore it most sincerely. 730. And a safeguard of that kind you think certainly should be inserted in any measure ? Certainly. 73 1 . It has been stated that the parish churches in Oxford, which are open, I believe, for divine service twice a day, might be considered quite a sufficient substitute for the college chapels ; do you think they would be so ? No, I do not ; partly because it seems very important indeed to make the religious life of an undergraduate while at Oxford part of the domestic discipline by which his college subjects him ; and partly because the continuance of such services in the parish churches is precarious ; it varies with the sense of duty of successive incumbents. 732. So that finally it would be the duty of those who are desirous of inter- posing safeguards to carefully turn their attention to the subject of college chapels ? Certainly ; but might I add that not to settle the question by Parliamentary legislation would be most certainly to leave a cause of future academical disturbance in the very heart of our collegiate and University life, the magni- tude of which, persons who have not looked the thing in the face can scarcely estimate. Supposing that there is no provision on this subject in your Bill, when once the majority of a common room, from very various reasons and points of view, is opposed to the system of the Church of England, the demand will SELECT COMMITTEE ON UNIVERSITY TESTS. 73 will at once be made that the chapel service shall either be put a stop Rev. Professor to altogether, or that something else shall be substituted for the service of the H ' P ' Llddon > D - v - Church. When the majority is reversed by fellows of the Church of England 2 8th Feb. 1871. the college service will perhaps be reinstated. You will probably have a con- tinual system of flux and reflux fatal to the moral and religious continuity of the foundation. 733. Earl of Morley.] I understand you to say that, as at present taught, the one-sided teaching of philosophy in the final schools trains men up in a great measure to infidelity ; this is done under a system of tests ; do you anticipate that by any new and more comprehensive tests you could prevent this in any way ? No, I do not think that a new test would prevent it, as I think it is dependent upon causes independent of the tests. As education itself is perfected, these causes, I hope, will be materially lessened, and therefore the infidelity in question does not in itself constitute a reason for doing away with tests. 734. But tests, as at present existing, have had no perceptible influence in preventing this infidel teaching ? No, they have not, but I might explain that that is due partly to the fact that the teaching itself has proceeded from the Bachelors of Arts, the coaches, who have not of recent years felt themselves under any kind of obligation whatever. 735. You refer to private coaches? Yes. 736. Is it not the case that now the coaching is being rather taken into the colleges by an amalgamation of the colleges ? Yes, certainly it is. That is a feature to which I look forward most hope- fully. I believe it will lessen some of our existing mischiefs. 737. The undergraduates who have been trained up in this school of infidelity are immediately, upon taking their Master of Arts degree, obliged to take some tests ; do you not think that that is the cause of a good deal of what I may call immoral taking of tests, and a good deal of casuistry about it ? I fear it may be so, but of course I cannot think that the abuse of a system by individuals is of itself a reason for destroying it. 738. Has not this general sort of casuistical argument, that you described as having been used with regard to these tests, a bad effect upon the moral and religious tone of the University? Undoubtedly it has within certain limits. 739. With regard to the chapel attendance and the Divinity instruction in the college, do you know the 4th clause of the Act before us, and do you attach much value to that clause, especially with a view to what you have told us of the effect of Parliamentary legislation at Oxford ? I am sorry to say I do not attach much value to it. 740. Upon what grounds do you not ? Partly for the reason that I think the general principle of the Bill will be held in local legislation to override it. It will be said in the council of the University, in congregation, and in college meetings, that although the Bill does not profess to interfere with any of our provisions, its general spirit and its principle un- doubtedly go to the abolition of all, as they would be termed, sectarian teaching and sectarian woiship, and that therefore we are bound to legislate at Oxford in accordance with the spirit of the Bill. If I might point out one instance of the failure of this clause to secure the interests of religion, it would be in connection with my own professorship, which is a Divinity professorship. So far as I know, the Ireland Professor of Exegesis may be a layman. There is nothing in the statutes of the University, nothing in Dean Ireland's will to prevent it. He is elected by the heads of houses, and the heads of houses, unless a clause is inserted into this Bill obliging them still to be members of the Church of England, may conceivably (it is, in the present state of speculation, not an impossibility) elect a man who, having a very wide acquaintance, indeed, with the textual criticism of the New Testament, should believe our Saviour V> be something very like an impostor. (17.) K 741. You J"4 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor 741. You say it is against the spirit of the Bill ; surely it is not against the H.P.Liddon,s.v. preamble of the Bill, wliich contains the words, "under proper safeguards for the maintenance of religious instruction and worship in the said Universities and 28th Feb. 1871. ^ e c0 ]] e o-es and halls now subsisting within the same r These°words seem still to leave it an open question, whether they are safe- guards enacted by Parliament or safeguards dependent upon the discretion of the authorities of the University ant! of the colleges. If the former, I should thankfully recognise in the words an assurance that the 4th clause would have substantial value; but if the latter, I am afraid it would be, practically speaking, almost impossible to regard them as more than conciliatory expressions. 7.! 2. It is only, as I understand you, with regard to the teaching body, not the educated body, that you would preserve tests, taking the question not in its practicable, but in its desiiable point of view ? Only with regard to the teaching body, certainly as matters stand. The feeling which "persons who agree with me would have as to this Bill is, that it involves the sacrifice of the interests of the University considered as a place of religious education to the interests of those members of the University who have suc- ceeded in their own education so. far as to win great prizes. 743. But that would not affect those who are mainly instrumental in teaching for the final schools ; the private tutors and coaches, and consequently it would not affect the teaching for the final schools ? It would affect an increasing number of the teachers in question in consequence of the cause your Lordship has pointed out, namely, the gradual superseding of the private coaches by the co-operation of the colleges in large systems of lectures. 744. Earl of Carnarvon."] With regard to an answer which you gave to the noble Lord who examined you just now, I understood you to say to him that tests as at present existing in the University cannot be really said to prevent all the evils, moral, religious, and intellectual, which no doubt flow from the preseut system of teaching and training, as applied to the final schools ? Certainlv. 745. I did not understand by that answer that you meant to qualify a previous reply which you had given, when you said that the tests, taken as a whole, did exercise to a considerable extent a counteracting influence upon the general teaching of the University at this moment, or at least upon those parts of it to which you had been referring ? I certainly did not mean to qualify my previous answer. 746. With regard to the 4th«clause on which you were examined, do you re- member that the 4th clause as it now stands in this Bill is a substitute for a somewhat different clause in a previous Bill that was introduced in the year 1869. If you will be good enough to follow me whilst I read the clause as it stood then, I will ask you whether you conceive that the present substituted clause is an improvement, or the reverse on the clause in the Bill of 1869. Tiie clause stood as follows in the Bill of 1869: "Nothing in this Act contained shall be taken to extend to the provision heretofore made for the celebration, according to law, of the public worship of the Church of England within the said Universities, or any of them, or of any college or hall in any of them respectively." Do you consider that that was a better and a more effectual clause to promote the objects in view than that which now stands in the Bill ? I should have thought that it was because the equivalent expression there to " lawfully" in the present Bill, which is an equivocal term, is a distinct reference to Parliamentary enactments us being unrepeated. 747. And it is direct, whereas the present clause is rather negative? Certainly. 748. Lord Colchester.] With respect to what you said as to the philosophy school, I understand that your view is that it would be a great improvement if that school was separated very much from the more strictly classical school ? Yes. 749. I believe the way in which the school has reached its present condition is, SELECT COMMITTEE ON UNIVERSITY TESTS. 75 is, that the study of philosophy generally has been added as bearing' upon the Rev. Professor study of Plato and Aristotle ? H.P.Liddon, d.d. That is the history of it. 7.50. And until lately, " Butler" has been a book which has been generally taken up for that school ? Yes. 751- But that has now largely ceased, has it not ? It has. 752. Are you in favour of the tendency in Oxford legislation to splitting up the schools, I may almost say, infinitesimally, or, at all events, to the gradual decomposition of the schools r T think we see the necessary limits of such specialising. The splitting up of the present final classical school into three distinct schools would be, 1 believe, entirely in the interests of education. I ought to add that at this moment the subject is under consideration by a committee composed partly of members of council, and partly of members of congregation, which will probably report in the course of the spring. I am sorry to understand that they are not likely to report in favour of specialising the school at present. 753. With regard to the opinions which you quoted, I understand Mr. A eland's view to be that it is objectionable that a man should study philosophy who has not studied natural science and mathematics ; and that it is objectionable that a man should study history without studying rhetoric. It appears, therefore, that his opinion is rather in favour of combining subjects together than the contrary? Yes ; I quoted Mr. Acland for a distinct purpose ; I quoted him, as far as I recollect, as showing the mischief arising from the study of philosophy, in the present schools, in a one-sided and partial manner, 1 quoted the rector of Lin- coln in a perfectly distinct sentence in favour of specialising studies. 754. You -would agree rather with the rector of Lincoln than with Mr. Acland upon that point, would you not? Undoubtedly. 7.55. Mr. Acland's view was not that there should be a full and thorough- going study of philosophy, but he was in favour of tacking it on to even a greater number of other things than it is at present combined with ? That was, I believe, the general drift of the quotation from Mr. Acland. The main object of the rector of Lincoln was something distinct ; the rector quotes him as dissatisfied with our present school. 756. You think that the study of ancient and modern philosophy should be brought together, and separated entirely from that of ancient history and classical philology and classical literature, and that ancient history and modern history should also be taught together in a separate school ? Yes, certainlv. Of course it would be necessary to read as much history as was required for the stud) cf philosophy; and the same remark would apply to each of the other subjects. 757. Therefore the separation could not be quite complete ? The separation could not be quite complete. But, in the philosophy school, for instance, only so much history as was necessary would be studied, and it would be kept strictly subordinate to the study of philosophy. 7-38. You would have Greek literature studied as Greek literature, without reference to philosophy as an important feature of it, and equally you would separate philosophy from Greek history, and so on? I would not attempt to exhaust both in one school. 75<). There is no branch of the subject of philosophy which you would wish to exclude, provided it were properly combined with the other aspects and branches of the same subject ? Certainly, I would exclude none whatever. 760. Do you not think, as regards the action of the final classical school, that quite as much may be apprehended from persons beginning the study of historical criticism, being taken with some of the historical and literary attacks on certain portions of the Bible, as from anything else ? % (17.) k. 2 . Quite 28th Feb. 1871. JQ MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor Quite as much as regards revelation, but not as regards Theistic truths of H.P.Liddon,™. what is called " natural religion." 28th Feb. 1871. „£ K A young man reading commentaries on ancient history might be taken lor the moment by such criticisms as those of Colenso ? Certainly. 762. Should you say that all this study of German authors at first hand has orown up within the last few years at Oxford ? It has very much increased within the last few years. 76; Supposing that for any very wide system of education it is necessary to read a great many books whose authors are dangerous in a theological point of view vou would think it all the more desirable that in the case of the lecturers on those subjects there should be very great safeguards with respect to their religious opinions ? . a , .. Yes, in order that they might exercise a corrective influence where it was necessary. 764 Then, with regard to what you have said about tests, when a very wide range of study is maintained, is it not all the more desirable not to abolish all restraint upon the teachers' opinions ? Yes. 765. You suggested, I think, that there should be power to compel the lecturers not to teach anything contrary to the Church of England ? Yes, I did. 766. Would vou prefer a safeguard founded on his own declaration to any power on the part of others of controlling him or removing him ? Very much indeed ; a power on the part of others of removing him would be exercised only in very extreme cases, whereas a declaration on his own part would appeal to his sense of honour; I think a declaration in some cases would be necessary. 767. You think that it would be more effective than the other safeguard r Certainly. 768. And that it would not be more objected to? I am not sure of that. 7f>g. Do you attach any importance to the test for heads of colleges, supposing the other tests were removed ? I think if it were possible to maintain it, it would be very desirable to do so. 770. The head would then be able to exercise a power of maintaining religious instruction, which is one of the subjects, the preservation of which it is the special object of this Committee to inquire into ; I am speaking of a test being retained for the head alone? There can be no doubt of it. 771. Can you suggest any safeguard with respect to the ecclesiastical patronage of the colleges which might be exercised in an undesirable manner, if all restric- tion on the governing body, in a religious sense, were done away with ? I am sorry to say I fear that, if this Bill becomes law, the bast thing that could he done would be to encourage or to oblige colleges to sell their eccle- siastical patronage. 772. With respect to the date of the endowments, there are three colleges which are all decidedly Post-Reformation, namely, Pembroke, Wadham, and Worcester r Certainly. Jesus College might be added. 773. You would think it desirable to retain them on a different footing to the rest, would you not, supposing some Bill like this to be inevitable? Certainly, if it were possible to do so. 774. If that were done, there would be represented in the University both the wishes of those who desire a strictly denominational system for their sons, and the wishes of those who do not ; would not that be so ? Yes, I think so. ♦ 775. The SELECT COMMITTEE ON UNIVERSITY TESTS. 77 775. The advantages, whatever they were, of each of those systems, would be Rev. Professor obtained? H. P .Liddon ,™. Yes; in my opinion it would have been a very much better solution of this whole question, had it been possible to denomi nationalize all the colleges even at ' the cost of a very large amount of Church property. 776. You would have surrendered some of the colleges with that object ? I would have surrendered even one-half to persons who do not belong to the Church of England, if the remainder could have been retained; and, I believe, that in the remaining colleges so retained, there would have been a new and a much more vigorous religious life, and the Church of England system would have been kept intact. 777. If it were possible for there to be fellows of, we will say, four different religions in the different governing bodies in a college, and especially if there was no test for the head, might there not be disputes on grounds of theological party on the occasion of the election of the head, which, however they ended, would embitter the life of the college ? Yes. 778. But the retention of a test for the head alone would, to a certain extent, check that, would it not ? It would ; it would close many very awkward questions. 779. Lord Rosebery.] 1 understand you to say that you do consider some modifications of the present system of tests to be necessary for political reasons ? Yes. 780. Do you consider that the general spirit of the Bill would have an in- jurious effect upon University legislation ? Certainly. 781. Would it be a fair summary of your views to say, that you would be in favour of a Bill for the abolition of tests, but that you would be at the same time favourable to tests ? That seems to involve a contradiction. I should be in favour of a Bill for making such a modification of the existing system of tests as would be compatible with the substantial interests of religion in the Universities. "o 782. Did I understand you to state that the tests you proposed for tutors and professors, were tests which you considered practicable in the present state of public opinion ? That is one of those questions on which your Lordship would be able to form a more accurate opinion than I could, but I should have thought that they would be practicable. 783. Would it be practicable, for instance, that a professorship of History should be made the subject of a very strict test ? No ; the professorships of History and of Moral and Metaphysical Science, I suppose, public opinion Avould not allow to be accompanied by any test whatever; but I should have thought that in the case of college tutors it would allow of some tests being imposed. This is, in reality, a parent's question. The parents are the people who are, as it seems to me, the most interested in it, and their interests are not quite sufficiently considered in the proposed Bill. 784. Do you not consider that the influence on religious opinions is far greater of a private coach, who is generally a Bachelor of Arts, and has not taken any tests, than of a University professor or a college tutor ? The private coach, as I have already said, is disappearing, and is not unlikely to disappear altogether, in the enlarged system of college lectures ; but I should have thought that his influence would always be limited in a very large number of cases, if beyond and above him there were persons to whom students looked with respect on intellectual grounds, and who notoriously occupied their positions as professing loyalty to the Christian creed. 785. My experience among undergraduates was rather that a coach, with a tendency to epigram, and with some hostility to religion, would have a greater (17.1 k 3 influence 28tb Feb. 1871. 78 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor influence upon the minds of bis pupils, whom he saw more frequently than the tutor H. P. Liddon, d,d. ( lid ) than would be exercised by the tutor himself ; would your experience not bear that out r I should agree that at the moment he would; but I should say that such an influence would be in its very nature transitory, looking to the influences which govern life and opinion in the long run. In after life the epigrams of the private tutor would be probably disregarded or forgotten ; whereas the patiently and soberly -ex pressed conclusions of a man occupying a responsible position, would certainly weigh very largely indeed with a number of those who would come under his influence. 786. With respect to the chapels, I think the attendance is still compulsory at Christ Church upon members of' the Church of England, is it not ? It is compulsory in theory, but the compulsion is exercised very gently; that is to say, unless a man is absent something like half the number of chapels in the week, no notice is taken of it, 787. Still that would produce an attendance two or three times a week, besides twice on Sunday ? Certainly. 788. You have given statistics of the number of Roman Catholics and other Dissenters at Christ Church ; is it not the fact that Roman Catholics have ceased to come there ? No, by no means. There are some at Christ Church at present. At this moment I believe there are at least four in residence. 789. Earl Cowper.] I think you s;dd at the beginning of your evidence, that the necessity is felt apart from Parliament or from public opinion in the country generally, in the Universities themselves, that the present tests should be modified? I was alluding to what is frequently said about the great number of proposi- tions which are contained in the Thirty-nine Articles, and that a smaller number of theological propositions might be more easily assented to conscientiously. 790. So framed as to admit Dissenters and Roman Catholics, but to exclude Unitarians ? To exclude Unitarians, Deists, and people who believe less than Deists. 791. Do you think that the feeling of this necessity comes from a wish to admit those people, and not from a feeling that the University ought not to be denominational in any way ? Both feelings have their weight. It is impossible to make these general statements without a danger of being inaccurate. A certain number of persons sympathise with excluded classes ; others are prejudiced in favour of secular education. 792. You do not think that there is a strong feeling in the Universities that they ought not to be denominational, but you rather think that that feeling is confined to a few persons ? I would rather say that there is a verv great division of opinion among the residents in the University. There are still a large number of persons who think that its old connection with the Church ought to be retained, and there are a very large number of persons who are for throwing it absolutely open to the nation without any restriction whatever in favour of the Church, or of any form of Christianity; and there are also an intermediate number of persons who are for making the University national, but the colleges as denominational as they can be made under the existing circumstances. 793- Do you think that when it comes to pass, or if it comes to pass, that the Uiurch would be altogether unprotected by statute, she will not be strong enough in the University, surrounded by all the associations and advantages which she has m her favour there to secure her doctrines beineing practically 6tli Form boys, were really men who had H.P.Liddon, v.v. looked at these questions in their general bearings, you might throw everything as 2 8 t h p eb- ^71 open as you liked. But it is because Oxford is a place of education in which the — great problems that interest us all cannot, from the nature of the case, possibly have been studied by anything like two-thirds of the undergraduate residents, that a measure which abolishes these safeguards must be attended with extreme danger to the faith of the Church in the rising generations. 794. I think you have stated, that at present there is no check upon the reading or the studying of any books, however infidel their tendencies may be, and, in fact, in many respects you admitted that a man who came up for a high examination was expected to have studied those books ? Yes, undoubtedly ; but still under the present system, if the authorities who direct these studies do their duty, they are bound to suggest the considerations, which are natural to an educated man who is moderately master of the subject. In this way it is possible not only to eliminate the mischief from these books, but to make them, as I think, very useful means of intellectual culture. Whether our teachers do their duty in that respect or not, in all cases, is another question. 795. You would not feel much doubt that the men who would git into high authority, or have the general superintendence of the teaching, would be men of that class to any great extent if we did away with the tests, would you ? I should not be sufficiently sure of it. It would probably occur to your Lord- ships, that a kind of gentlemanly feeling as to what was due to pupils who came under their influence would prevent professors or teachers from suggesting very strong doctrines of a negative or infidel description to their pupils. I do not myself believe in the power of that motive. I do not believe in it, because I believe in the earnestness of men who hold negative creeds, so to call them, as well as in the earnestness of men who hold positive ones. If I, as a Christian, have to deal with young men, I feel that the best thing I can do for them is to persuade them of the truth of Christianity ; and, in like manner, if I thought that Christianity were an old-world superstition, I should think that the best thing I could do for!my pupils would be to convince thern that it was so. 796. You do not think that there is any danger of orthodox Christianity ceasing in the University under any circumstances, do you r No ; no doubt the social and religious world of England must undergo a very great revolution before we reach a point at which no orthodox Christians are to be found among the residents. 797. Lord Lgveden:~\ I think you stated, in answer to some early questions, the tests which you thought desirable to be established, qualifying it with the con- ditions which were possible. Upon what does that possibility depend ; does it depend upon the public opinion in the Universities or in the country ? Mainly upon the public opinion in the country, I think. 798. 1 believe you have admitted the public opinion in the Universities to be in favour of the abolition of tests ; does that apply to the abolition of all tests, or only to the abolition of the present tests ? As regards the public opinion in the University, I believe that it is still a minority in the University which is in favour of the abolition of tests. 799. Only a minority ? Only a minority, but an extremely influential one. 800. Would not the opposition to the tests you propose be the same as the opposition to the present tests? Tt would probaWy be slightly, but only slightly, less. 801. It would not be much altered r It would not be very much altered; it would be slightly altered in the direction of being weakened.. 802. The opposition in the country would probably be the same to any tests wfefeft were devised as to the existing tests 1 , would it not? I should 1 think it would be m- while the opinion of the country was as unin- formed 1 as I think it is at present as to the real questions at issue. The real (17".) K 4 questions gQ MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor questions at issue at Oxford lie between Christianity and non-Christianity ; but H.P.Liddmu d.i>. they are supposed in the country generally to be between Church and Dissent. 28th FdTi8 7 i. 803. Did I understand you to say that you find any safeguard for the religious ' character of the University in the present Bill, including the 4th clause? I am afraid the Bill contains no practical safeguards of any great value for a reason which 1 have stated, namely, that when once the Bill becomes law, the effort of the University residents will be to bring legislation, both in the University and in the colleges, into harmony with that which is presumed to be the governing principle and spirit of the Bill. 804. Then, according to you, the present Bill affords no security for the religious character of the University? I canuot make so sweeping a statement as that, because the present Bill expressly excepts the Divinity degrees, and it does not propose to touch the clerical fellowships, but how long these exceptions to its general scope will re- main intact is of course quite another question. 805. The only safeguards you have proposed are certain religious tests, which you think would be equally objected 10 with the present tests? I cannot say that I think they would be equally objected to. 806. You think they would be less objected to ? I think so, because they require assent to fewer propositions. 807. In the country and in the University? I think so, at least in the University. 808. Lord Houghton.] Does not the very word " safeguard " imply a certain restriction upon the liberty of religious thought ? Undoubtedly it does. 809. Therefore the effect of the abrogation of those tests would be to give to such questions in the general mind of the University a larger liberty than they now possess ? Undoubtedly. 810. But, on the other hand, does not the fact of these religious tests being before the mind of the University, and being a subject of discussion in the University, tend to direct the minds of many students to the doubts and difficulties of those subjects, who perhaps otherwise would remain undisturbed? I am by no means sure that that is the main effect. I am understanding your Lordship to speak now of the effect of tests, especially upon the study of theology. Supposing you remove all tests whatever, a natural and inevitable result will be that you will at once have the very wildest speculations proposed by very clever men indeed, without any restraint on the score of duty, to their pupils. I cannot think that, whatever may be the incidental irritation and dis- tress that may be caused by the system of tests as at present enforced, it will be at all comparable with the embarrassment that would result from entirely unre- strained speculations and discussions on primary questions of Christianity and theistic truth. 8i 1. Would not the effect of the abolition of the tests be in some degree to assimilate the condition of the University upon these points to that of the outer world ? No ; 1 do not think it would. Your Lordship's is a very natural question, but you do not, if I may venture to say so, make sufficient allowance for the great distinction between University and general society. In University society there is always a tendency to encourage in every single subject intellectual specu- lation for its own sake ; residents inOxford^ in whatever direction opinion may be moving, do not generally think that they are bound to take the common opinion of the country very largely into consideration. On the contrary, it is rather a point of honour not to do so. This maybe illustrated by the history of the Tractarian movement; and the same tendency to a jealous assertion of the intellectual independence of the University is observable in the movements which have succeeded Tract arianism. Rightly or wrongly, residents at the University suppose that as their business is to read and to think, they are bound, in stating their conclusions, to be as little hampered by popular formulas and popular mis- conceptions as they can ; and therefore, when you have removed anything like a safeguard, SELECT COMMITTEE ON UNIVERSITY TESTS. 81 safeguard, you cannot at all count upon the general opinion of the country being Rev. Professor taken very largely into account, even for commercial reasons, amongst residents •■^"■~ on, d.d at Oxford, as a sort of popular test of orthodoxy. a8th Feb l8 812. Then you attribute nothing to the irritating effect of the conventional imposition of tests ? I attribute something to it, but it is a question of difficulties on this side and on that, and this appears to present the less difficulties of the two. 813. Have you had many instances of men who have taken high honours in the University being prevented from fairly sharing in its emolument bj' holding doctrines which precluded them, in honour or for other reasons, from taking those tests ? Such cases I believe have been very few indeed at Oxford. I might show how much extension the present Oxford sys;em admits of, by pointing to our very distinguished Regius Professor of Civil Law, Dr. Bryce, who is a Presby- terian, and who has felt no difficulty iu taking his present position. 814. Would you not attribute the present strong feeling upon the matter which has exhibited, itself in Parliament, more to considerations of social justice of that kind than to any speculative reasons whatever ; I refer to the public opinion which is in a certain degree in favour of this measure ? 1 think that that is very probable. I have no doubt that one great element of the feeling in favour of doing away with tests is the desire on the part of the great body of the Dissenters to be admitted upon terms of perfect social equality to the Common Rooms at Oxford. That is, no doubt, a very powerful motive ; and I should be very glad indeed, as far as was possible, to conciliate the feeling which it represents. 815. Do you think, considering what the predominance of religious feeling among the Nonconformist body in England is, that the simple introduction of men of that kind would in any degree injure the religion, or, to speak more appropriately, the devout feeling of the University? If the operation of the Bill could be restrained to "he case of Trinitarian Non- conformists, I should feel much less anxiously about it than I do ; but it is because, Avhile the Nonconformists are put forward as the class of persons who will be relieved by the Bill, a very different class of persons will in reality be introduced by it to places of influence and power in Oxford, namely, those who hold most loosely to religion altogether, that I really fear it. 816. May we not justly assume that the present predominance of a strong sceptical feeling in a certain body at Oxford has arisen more from men dabbling in metaphysics, in some degree in consequence of the study of Aristotle and the predominant character of the instruction now given, than that it is likely to be a permanent influence in the University. No, I do not think that ; I think the study of Aristotle has been a source of almost unmixed good. The causes which I have already been trying to explain as being those which have led to our present embarrassment are of a very much wider kind. They are remotely, no doubt, clue to the fact that we are affected by the great waves of thought which are passing over the whole European world; they are, more particularly, the result of the extreme mismanagement of a most important department of study at Oxford. 1 mean the one-sided study of philosophy by candidates for honours. 817. Have you ever thought and explained to yourself why it is that we at Cambridge have been troubled with these matters so much less than you have at Oxford, and that such a school has not at any lime been prominent in the education or in the teaching of our University ? I suppose it is due partly to the fact that the mathematical rather than the moral and metaphysical sciences have occupied in past years so much more prominent a place at Cambridge than at Oxford. But the exemption has not been purchased by Cambridge so cheaply as could have been wished. 8 1 8. Earl of Harrowby.'] I think, in your suggestions of applying a test less stringent than that which now exists, you contemplate the possibility of sepa- rating those who are now against the existing system into two classes — those who wish to exclude all religion from teaching and all security for the religious (17.) L character 82 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Professor character of the teaching, and those who think that it should not be narrowed to H. P.Liddon,B.D. w i iat some may call the denominational teaching of our own Church ? Certainly ; those are two distinct classes of opponents. 28th Feb. I871. , 819. And you hope that, by widening your basis, you may satisfy so large a portion of those who are opposed to the existing system, as to remove all reasonable objections ? Certainly ; all that I should deem reasonable. 820. Further, you have observed, perhaps, that the principal pressure which has been made upon public opinion has been caused by the exclusion of persons who have acquired high honours at the Universities from what we may call the rewards of learning ? Certainly. 821. In the shape of fellowships? Yes ; those instances, I believe, have chiefly occurred at the University of Cambridge ; 1 do not remember any prominent cases in my own University. 822. But you consider that the question with regard to the rewards of learning, and the question with regard to a share in the actual education of youth, are two very distinct questions ? They are two very distinct questions. 823. And the pressure upon public opinion has been rather in the direction of one than of the other ? Certainly. 824. People have been inclined to consider, that if you gave to a man the rewards of learning, namely, the 200/. or 300/. a year which belonged to a • fellowship, you must, as a matter of course, an 1 as a matter of logical sequence, give to the same man a power of directing the education of youth in the colleges ? That has been the assumption. 825. You wished to separate those two things ? Certainly I should be very glad to see three distinct classes of fellowships created, if possible — one of tutor fellowships, one of student fellowships, and one of prize fellowships ; and as I suppose that some kind of legislative dealing with the whole system of fellowships, as we have lately heard from a very high quarter, is inevitable, it would be possible in that way, I think, to limit the dangerous results which might be otherwise expected from a Bill like this very considerably indeed. 826. You have 110 objection to see the rewards given to intellectual distinction? None at all, if the fellowships of a college were divided into the three classes I mention, tutor fellowships, student fellowships, and prize fellowships. A prize fellow would be allowed to marry, and the tenure of his fellowship would be terminable, say, after a period of five, or at the most, 10 years. The student fellowships would be held for JO years only, but the student fellow might be allowed to earn the tenure of his fellowship for life by producing some work which his college should recognise as of sufficiently high character, or by engaging in some course of study which did not of itself admit of the production of such a work, yet was approved by his college. The tutor fellows would consist of those who lived on the spot, engaged in the actual work of tuition,; and who, after a certain number of years so employed, might earn a life fellowship. 827. Earl Stanhope.] Will you allow me to ask what you mean by "produc- ing some work ;" do you mean publishing a book, or doing college duty? Publishing a book. The objection which has been popularly urged against the Universities, and urged with the greatest possible force, is that a very large portion of our income, probably something like a half of it, is spent altogether away from Oxford ; that it is spent simply as prize money, and that there is no kind of educational return made for it. Any serious reform of our present system of fellowships must take the direction of making all purely prize fellow- ships, not followed by some valuable work, terminable at a very early period ; the retention of the remaining fellowships must depend upon a man's doing a certain amount of work, and upon his recognising the purposes of the University m the particular work done in one of two ways, the one being the pursuit of study SELECT COMMITTEE ON UNIVERSITY TESTS. 83 study in literature or science, and the other the communication of knowledge to Rev. Professor young men. Supposing such a division of fellowships as that should be adopted H.P.Liddon. d.d. by the Legislature, then I should at least plead that supposing you exempted , 8th Feb l8 altogether the prize fellow, and probably the student fellowship, from any test, '_ you should insist upon a test for your tutor fellowships. You would then be able to harmonise the two functions of a University, as encouraging by prizes the highest learning on the one hand, and not making the enjoyment of those prizes dependent upon belief; and on the other hand you would not, as a consequence of this, imperil the whole moral and religious attitude of a great educational institution towards the young men placed under its charge. 828. Earl of Harroxvhy.] In fact the question of prizes, and the question of governing power in the education of youth, are entirely two distinct questions, which ought not to be mingled together, and the one ought not to be tainted by the reasoning which convinces you with respect to the other ? The questions are entirely distinct. 829. Do you not think that the wishes of the parents should have a consider- able influence upon the decision of this question ? I think it is a question which concerns parents more than any other class in the community. 830. Is not it a fact, that owing to the position in which the Universities and colleges stand as to the emoluments of various kinds connected with them, a great many parents are really almost compelled to send their children to the Universities, that they have a kind of moral compulsion imposed upon them to do so; and have they not therefore a title to some kind of consideration if they wish that moral and religious guidance should be afforded to their children as well as a mere set of lectures administered to them ? I should say so, certainly. And, in addition to the sterner and more exacting classof reasons for sending sons to a University, there is the influence of long fiamily connection with particular colleges which persons would be extremely unwilling to break, and which will probably continue in any case, even under the totally different circumstances which would be introduced by the Bill. 83 1 . Chairman.] You do not contemplate by any legislative means to reform the defects which you have noted in the final classical school, do you ? Certainly not ; 1 have no doubt whatever that from a true instinct as to the interests of education itself, the University sooner or later will herself settle that question in what I believe to be the manner most conducive to the interests of religion as well as of learning. The Witness is directed to withdraw. The Very Reverend HENRY LONGUEVILLE MANSEL, d.d., Dean of St. Paul's, is called in ; and Examined, as follows. 832. Earl of Camarvon7\ I know that you have paid very great attention Very Rev. to this question, both whilst you were resident in Oxford and even since your **• *" Mansel,n.D. residence there has ceased ; I shall propose to confine myself, at all events in the first part of your examination, to asking you very briefly whether you can suggest any alternatives to the present system of tests, and whether you can suggest anything in the nature of a safeguard to be introduced in the event of the present system of tests being repealed ; in order to clear the ground, per- haps it will be better to ask you whether you so far agree with the point of view from which I put these questions, that you would be in favour of some system, at all events, which would maintain the religious influence, to say the least of it, in the teaching of the University, which would preserve also some kind of con- nection between the two Universities and the Church of England, and which, practically, would involve the minimum of restriction so far as conscientious scruples are concerned ? I should certainly be in favour of such a plan, taking it for granted that the present system cannot be maintained. Looking to what is most available under existing circumstances, I should certainly be in favour of some such system of safeguards beyond what is proposed in the present Bill. (17.) La 833. Then, 84 MINUTES OF EVIDENCE TAKEN BEFORE THE Very Rev. 833. Then, if you please, I will take each of the different heads in succession, H. L. Matusel, d.d. an( j I will ask you first of all how you would deal with the M.A degree and the TTT" membership of convocation, then with the professors, the college tutors, and so 28th 'e . 1871, f or tii, one after the other ; has it occurred to you that any modified test could be established with reference to membership of convocation, or would you, looking at the stage which affairs have now come to, be disposed to abandon that? I doubt whether it will be practicable to maintain the system of a test of personal belief with regard to the general membership of convocation; I do not think it will be practicable to do more than to require a guarantee of the action of the members of convocation, in their office as such, without reference to individual belief; a declaration, for inst-mce, similar to that which was exacted from the Roman Catholics at the time of their admission to Parliament, that they would not use the power so obtained to the detriment or injury of the Church of England ; a test of that sort would, I think, be the utmost that, under the present circumstances, could be required from members of convo- cation. 834. It would be a test which on the one hand might reasonably satisfy those "who were in favour of the older system, and which on the other hand ought not to offend those who are in favour of a change ? It ought not, I think. I do not say that it would not. 835. Of course in such a case you would be content to allow the test for the M.A. degree to go .- Yes, I do not think it could be maintained. I am looking at it as things are under present circumstances, and not at what is in the abstract desirable. 836. Such a concession on your part, would not, of course, involve a change w 7 ith regard to the Divinity degrees ? No, certainly not. 837. You propose to retain them as they are now ? Yes ; the Divinity degrees, certainly. This concession would apply to the Master's degree in Arts, and to the Doctor's degree in Law and Medicine. 838. Before leaving that point, perhaps you will allow me to ask you whether your view would agree upon that point with the evidence given by a witness recently before this Committee, who, when he was asked whether in the case of the divinity professors he would assent to the abolition of tests, stated that he was rather in favour of the system prevailing in one or two foreign Universities, and which is supposed to work well there ; namely, that there should be a sepa- rate faculty of Divinity for each of the different branches of Christianity ; do you conceive that that would be inapplicable to Oxford even under the very changed system of the present day? Certainly it would at present; and I should be very sorry to see Oxford devc- lope into such a condition. At present I think it is not in a condition in which such a state of things could be applied to it. 839. Will you give the Committee one or two reasons why you conceive that it would be practically inapplicable ? In the first place, at present you have not got the persons to form the teachers in such separate faculties ; it would require a very considerable development of teachers in different denominations before you would have the material for applying such a system. Then I think, in considering such a question, you should bear in mind the much more domestic character of the training at the English Universities than that at the foreign Universities. Such a thing as school lecturing against school, and faculty against faculty, would have a very great tendency to unsettle the religious belief of the younger men. I do not think it is practicable in the present state of things, and I do not think it would be desirable if it should ever became practicable. 840. If there is any truth in the statement that the present system goes far to unsettle the younger men's minds in the fundamental doctrines of Christianity, a change of that sort would be likely to carry that unsettlernent a great deal further, would it not ? I think it would, but I think much of that which unsettles voung men's minds at SELECT COMMITTEE ON UNIVERSITY TESTS. 85 at the present time, is not a consequence of the system, but in spite of it. It is Very Rev. not so much the system which does it as the liberty allowed to individuals. H. L. Mansel, d.d. 841 . Is not that part of the system ? a8th Feb# l8?l Indirectly it is, but what I meant was this ; I do not think that the unsettling ' of ^ the young men's minds at the present day is in consequence of any rules or principles avowed by the University, but it is very much owing to the abnormal action of individuals. 842. Passing, then, to the next head, namely, as regards the professors, I think you are aware of a declaration which was proposed in the House of Commons by Sir Roundell Palmer, to the effect that nothing should be taught contrary either to Scripture or to the doctrine and discipline (I think it was) of the Church of England ; is that a declaration which you would be disposed to exact in the case of professors ? On the whole I should say it is very similar to the obligation which is now imposed by the University statutes. I am not quite certain whether the effect of the Bill, should it pass in its present form, would be to abrogate that statute, but there is at present a statute of the University by which professors are for- bidden to teach anything that is contrary to the Catholic Faith or to good morals. I have a copy of the statutes here, which will show you what is now the University law upon the subject. The statute says : " Item statutum est quod nullus professor aut prcelector publicus quicquam directe vel indirecte doceat vel dogmatice asserat quod fidei Catholicce vd bonis moribus ulla ex "parte adversetur." It would only be substituting a declaration for a statute. 843. It would be a Parliamentary declaration ? It would be a Parliamentary declaration instead of a University rule, of course. 844. Do you think that a declaration somewhat in that form and going to that extent, would meet the case of professors ? I think it would be all we could- ask of them under the present state of things, and it would be to a certain extent a safeguard. 845. Going next from professors to the class of college teachers, would you draw a distinction in the quality and the kind of test which you would require of them ? I think we must do so, because the position of a University professor is very different from that of a college teacher, or of any college officer who is brought into direct contact with the undergraduates of his college, either as a tutor or as a dean or censor. As having duties in connection with the religious worship of the college, or with the system of instruction given there, the position of such an officer has very much more of a domestic character in it. There is not only what he actually teaches in his lecture room, but there is also a very great amount of personal intimacy, very often, between a tutor and his pupils in the college, and we have to take into account not only what he gives out from his chair as teacher, but also the whole of his personal influence, he being to some extent in loco parentis to his pupils. 846. Of course you can state to the Committee from your own great and long experience in this matter, that the influence of a college tutor is personally very great, and constantly exercised upon the minds of the young men with whom he comes in contact ? No doubt in many cases it is. 847. He does, in fact, of course represent in a modified form, the influence either of the father or of the guardian ? To a great extent he does ; and moreover, any tutor who gets on intimate terms with his pupils will very often be consulted by them upon any matter of doubt or difficulty in their own minds ; in many cases they would naturally come to him for advice and assistance, wh ich they would not do to one who was comparatively a stranger to them. 848. Taking, then, all these considerations into account, what would be the minimum you would be disposed to require in the way of a test as affecting the college teachers ? As affecting college teachers I do not see the possibility of having any general (17.) L3 religious gg MINUTES OF EVIDENCE TAKEN BEFORE THE „ „ religious test which should not be at the same time a distinct Church test. As soon H. L. Mansel, , d.d. as you come to anything like a general test of Christian belief, such, for example, as tne Nkene Creed, of course it would tell in a very' different way upon different 28th Feb. 1871. persons. The circumstances are these ; a parent finds his son, when he is sent to colle°e, brought into intimate personal relation with the tutors of his college, or some°of them, and liable to be affected, not only by what they teach in their lecture rooms, but by all their indirect influence ; it would make a very great difference to the mine! of a parent whether the tutor with whom his son was brought into these relations was a Roman Catholic or an English Churchman, for example ; but a general religious test would include both ; therefore, if the connection of the college with any definite religious teaching is to be retained at all, I do not see how any test can be available for the purpose except a definite Church of England test ; it might be of a moderate form ; it miglit be, for instance, such a test as is required in the Act of Uniformity, a declaration of conformity to the Liturgy of the Church of England, but it could hardly be less than that. 8^9. Even taking this Bill as the basis of our proceedings, as it now comes before us, would there be anything inconsistent with the assumed spirit and provisions of this Bill in such a declaration. If you will look at the 4th clause, you will find a proviso in effect, that nothing in the Act shall interfere with the religious worship which now is established in the colleges. That religious worship is undoubtedly the worship of the Church of England, and, therefore, I presume that in this proposal of yours there would be nothing inconsistent with what we may fairly assume to be the spirit of the Bill r It might not be inconsistent with that clause, but I am afraid it would come in conflict with other parts of the Bill. 8,50. It would be indirectly, and as a matter of detail, would it not, that it would so come in conflict ? Yes, as a matter of detail. By Clause 3 of the Bill, it is enacted that no person shall be required to make an}' declaration respecting his religious belief, or to conform to any religious observance as a condition of holding an office in any college, and the term " office" is so defined in the previous clause as to include a tutorship^ 851. However, with reference to college teachers, the test which you would require would be some form of declaration of conformity with the Liturgy, or the discipline of the Church of England? I think that that is the least which could be admitted with safety to any religious teaching in the colleges. 852. When you come to the question with regard to the heads of colleges, I presume you would be content to leave them in their present position, would you not ? J desire to leave them as they are. There was a clause to that effect in the Bill of last year when it came into the House of Commons. I think it very desirable that a clause of that sort should be re-enacted. It was, that " nothing in this Act shall apply to the headship of any college." 853. You would attacli some importance to the retention of that clause ? I should attach very much importance to it. 854. As regards the practical working of collegiate lifer Both as regards collegiate life and as regards University life. The head of a college would be the person naturally required to enforce any provisions for the religious teaching or discipline of his college. He would be the person ulti- mately responsible for the whole discipline and training of the college, and especially for the conduct of religious worship. Then again as regards the University, the Vice-Chancellor is appointed from among the heads of colleges, and the Vice-Chancellor's duties with regard to the religious services of the University are very important; for instance, he has the appointment of some of the University preachers, and he has a voice in many of the appointments to other offices in which religious teaching is involved. 855- We have had it stated in evidence here that the functions and powers of the heads of houses are less in some respects than they have been supposed to he; still I presume your opinion would be that the influence which the head of a house SELECT COMMITTEE ON UNIVERSITY TESTS. 87 house exercises in his own college, whether direct or indirect, is not one which Very Rev. ought to be thrown away ? H - L - Mamel, d.d. Certainly, but his practical influence would be much greater than the mere ~ voice which is now allowed him under the recent ordinances, although it is a8th Feb * I 1 ' considerably less than it was under the former statutes. 856. As we have now gone through the various branches of the subject as it regards members of convocation, professors, college teachers, and heads of colleges, there only remains to be considered the position of fellows ; I presume that you would divide that class very much into those fellowships which are of a sinecure character, and those on the other hand to which certain duties are attached r I think you may so divide them. The complaint of which one has heard a good deal lately, about men who have taken high honours being debarred from their proper rewards, applies only in that point of view in which you look upon a fellowship as a reward. You may divide fellowships into two distinct classes ; those which are simply rewards for past University distinction, and those which involve future duties towards the college. 857. Will you be good enough to tell the Committee how you propose to deal with these two separate classes, taking first the case of those fellowships which you may rank rather in the category of sinecures ? I should not be disposed, in the present condition of things, looking to the state of public opinion, and the difficulties which stand in the way of retaining the present system, to insist upon religious tests with regard to those fellowships which are merely fellowships, and which are not accompanied by the tenure of any office of discipline or teaching in the college ; I think also that some other changes not directly affecting this question, but belonging to it indirectly, might be advantageously introduced with regard to such fellowships. I think, for example, it would be very desirable if a fellowship which is an entire sinecure were only tenable for a limited number of years ; a sinecure for life acts injuriously in many ways. On the other hand, I should not be disposed to put such a restric- tion upon those fellowships which were combined with some duties of teaching or discipline. 858. Would you relax the rule as to marriage in the case of sinecure fellow- ships ? 1 think that might be done ; I have no very strong feeling in favour of or against it, but I do not think there would be any great objection to such a rule as this, that a man who holds a sinecure fellowship should resign it within 10 years after bis election, and during that time he may be at liberty to marry or not as he pleases. 859. I presume that there are practical advantages in retaining a certain number of fellows unmarried, are there not ; that is to say. if they are concerned in the work and government of a college ? I think in many respects there are. There are many points connected par- ticularly with the discipline of a college which may be much more effectually administered by men residing in college rooms, who will therefore be unmarried men, than by those who, as most married men must do, are living outside the college. 860. Would you give to those sinecure fellows any voice in the government of the college ? I think it would be undesirable to give them a voice in the government of a college strictly as regards its education and discipline. There are some points, such as the administration of college property, which do not directly affect the college as a place of education ; and in respect of these it might not be necessary to make such a restiiction ; but as regards education and discipline, the inter- vention twice a year of non-resident. fellows is, I think, a serious disadvantage. They just come down to vote upon measures affecting religion or discipline, and they go away leaving the resident fellows to carry out the resolutions so arrived at as best they may. 861. They come down without having much knowledge very often of the internal affairs of the college ? Yes ; very often they. have very -little knowledge of them indeed. (17.) M 862. And 88 MINUTES OF EVIDENCE TAKEN BEFORE THE Very Rev. 3^0 ^m\ they generally come with a foregone conclusion? H.L.Mamel,™. Qenevdly. 28th Feb. 1871. 863. Assuming this idea, would you be disposed to exact residence from such fellows ? I think nut ; I think the great advantage of a fellowship, looked upon simply as a reward for University distinctions, is that it affords assistance to young men in their first start in a profession ; and for that purpose it would be desirable that they should be allowed to prosecute their profession in any place which was most convenient for the purpose. 864. From a sinecure fellow, as I understand, you would exact no kind of test? Under present circumstances I would not. 1 think it could not be main- tained. 865. Witli regard to the second class of fellowships, those to which certain collegiate duties are attached, how would you propose to deal with them ? I should allow such fellowships to be held for life, provided the fellows remained unmarried ; after a certain length of tenure of a college office, say 10 years, a man should be allowed to hold his fellowship for life. I think it would be right, that after serving the college for 10 years, he should be allowed to retain his fellowship for the rest of his life if he remained unmarried. As regards his duties in the teaching and discipline of the college, it is to that class of fellows that I think it is still necessary to apply some test for their religious teaching and influence in the college. 866. What would be the minimum test which you would say under such circumstances was required '! I think such as I suggested just now ; a declaration of conformity to the Liturgy of the Church of England would perhaps be the minimum that would be an effectual security. 867. To sum up, therefore, what we have been discussing, I think your pro- posals would take this form, that the tests might be abandoned in the case of the M. A. degree and membership of Convocation? Yes, with simply a declaration on the part of the person becoming a member of Convocation that, as such, he w.ill not use his influence to the detriment of the Church of England. 868. In the next place you would propose that the tests should be rigidly retained for the Divinity degrees ? "5t cs; I ought perhaps to make one addition to that ; I would say, the Divinity degrees and Divinity professorships, because there are some Divinity professorships which are tenable without Divinity degrees. 869. Thirdly, that a test analogous at all events, or similar to that proposed by Sir Roundell Palmer, should be required from professor's? I think so ; that is to say, from professors other than those of Divinity. 870. Fourthly, that a simple declaration of conformity with the Liturgy and the discipline of the Church of England should be required in the case of all college teachers and fellows to whom any collegiate duties were assigned? Yes. 871. Fifthly, that the test should be relaxed entirely in the case of those fellows who were enjoying what you may call sinecure fellowships? Yes. 872. Sixthly, that the heads of houses should continue in their present condi- tion ? Yes, certainly. 873. W ith regard to another point, which has been a good deal discussed to day, I presume that you would be of opinion that a very great change has taken place in the course of study at Oxford since the time when you were in residence there, and taking an active part in tuition ? Yes, 1 think it has. 874. That change, I suppose, is one which you would agree with the last wit- ness, SELECT COMMITTEE ON UNIVERSITY TESTS. 89 ness, in describing as having an injurious effect, especially so far as the course Very Rev. of reading for the final schools was concerned 1 H ' **' Mans el i D - D - I think, on the whole, it has, though much of that effect is more due to eg+h Feb lg?l individual influence than to any distinct change in University legislation. Part of it is due to legislation, but by far the greater part to a prevailing current of opinion in the place. 87.5. That current of opinion, I suppose, is indicated, at all events, in a sub- stitution for the text books which were formerly in use, to a great extent of commentaries and criticisms upon those books ? It is the effect of the commentaries and criticisms as coming through the teacher. 1 do not think it is the substitution of a different set of books, though that has had some effect ; but I think the principal effect has been pro- duced by these books as filtered through the minds of the tutors ; they being in many cases private tutors. 876. Of course, therefore, if the existence of tests has any effect at all, and I imagine you would hold that it has had an effect upon the whole in Oxford, those tests would have a much greater effect upon such personal influences than they would upon a material system which was not subject to them ? 1 think the removal of tests would increase that influence very much in the direction which it has partly taken of late, and which I, in common with the last witness, very much regret. I think there is tins 'distinction, that so long as a man has taken certain tests, if his teaching takes a form distinctly opposed to the doctrines in which he has professed his belief, he has thereby placed himself in a false position ; he is acting not in accordance with, but in distinct antagonism to, the University system ; and the very fact of his being in that position tends to diminish his moral influence. But as soon as an Act passes which takes away all obligation to hold any religious belief, the whole system of such teaching is legalised ; it is not then in spite of the University system, but a distinct conse- quence of the University system. 877. And of course you are of opinion that many of those who are in a teaching position at the University are quite conscious of those influences or those restraints upon their own minds? Many, 1 think, are. 878. Therefore, the general influence is modified and counteracted in your view by the existence of such tests r I think it is. 879. I presume also that you would agree with the last witness in thinking that this is particularly the parents' question rather than the young men's ques- tion? Very much so; and I do not think the opinion of the parents of the country has as vet been fairly ascertained upon the question ; it has been made a Univer- sity cry ; it has been made to a certain extent a political cry ; but I do not think it has been fairly tried as a domestic question. b8o. Do you think that we have a conclusive proof that the majority of the residents and the non-residents are in favour of the abolition of these tests ? /\s far as any positive evidence goes, it is rather to the contrary ; I have had a little evidence on that point within the last two years. Towards the end of 1869, a memorial was presented, I think to Mr. Gladstone, praying for the abolition of ail tests ; I have not a copy of that memorial by me, but I believe it was signed by between 80 and 90 residents. 881. Earl of Harrowby.\ They were Masters of Arts, I suppose? I do not think the whole of them were Masters of Arts ; I think some of them were Bachelors, but I am not quite certain about that; there were a few non- residents ; I think the whole number, including residents and non-residents, was 91, and about half-a-dozen of those were non-residents; I only speak from recol- lection, not having the paper before me; I do not think it is published separately, it was published in some of the newspapers at the time, but I have never seen it in a separate form ; that calculation will give you perhaps 84 or 85 residents who signed that memorial. 882. What is the whole number of residents ? (17.) M 1 suppose 90 MINUTES OF EVIDENCE TAKEN BEFORE THE Very Rev. t suppose the whole number of residents, judging- from the recollection of pfe-> H.L, Mans el,v.Di vious years (I have not examined quite the last list of congregation), might 28th Feb. 1871. average about 260 or 270. 883. Does that include Bachelors ? No ; that includes members of congregation, which would be all those who have taken the higher degrees, all resident members of convocation, in fact. But there is not only that negative evidence as to the opinions of those who did not sign, but thero is also positive evidence on the other side. Very shortly after this memorial, of which I have spoken, in the month of February 1870, a declaration was signed by 138 residents (I have a copy of the declaration here), deprecating any enactment which should tend to separate education from religion, or to impair the connection of the colleges with the Church of England, in respect of their teaching, government, and worship. Subsequently, on the 23rd of May 1870, a petition was presented to the House of Commons, or at any rate it was drawn up to be presented to the House of Commons, against the Bill for abolishing tests, which was signed by non-resident members of the University of Oxford who were formerly resident and holding offices in the University or in a college. That was signed by, I think, 103 names. The two latter of these three papers which I mentioned, I have here. The first I have not got in a separate form. This is a copy of the second of the tWo papers- 1 mentioned, which is dated February 1870: — " The following Declaration was signed, and a copy of it transmitted to the Prime Minister in February last : " Oxford, February 1870. " We, the undersigned resident graduates of the University of Oxford, earnestly de- precate any legislative enactments which shall tend to separate education from religion, or fail to secure a Christian education for the youth of this country, in the Universities of Oxford and Cambridge. And we deprecate in particular any new enactments which shall destroy or impair that connection of the colleges in the said Universities with the Church of England, in respect of their teaching government and common worship, which recent Acts of Parliament have distinctly recognised and enforced." That is signed entirely by resident graduates,, and so far as I can see, by members of congregation, with the exception of one or two Bachelors of Arts. Their degrees are given. That memorial is signed by 138 names. 884. Earl of Carnarvon.'] The inference which you would draw from this, I presume, would be that there has been, if not an actual growth of opinion in the University against the abolition of tests, at all events a strong development of feeling in opposition to it? There has not been much growth. I doubt whether at any time the total abolitionists were in a majority in the University. That paper shows that at the date of it (only a year ago) the majority of the residents, though not perhaps in favour of retaining the present system of tests, were decidedly against the entire abolition of them. The second paper which I have is signed by non-residents, and is dated 23rd May 1870 ; it is as follows: — " To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled : " The humble Petition of the Undersigned Non-resident Members of the University of Oxford, formerly Resident and holding Office in the University, or their respective Colleges, " Showeth, " That a Bill has been introduced into your Honourable House, intituled ' A Bill to alter the Law respecting religious Tests in the Universities of Oxford, Cambridge^ and Durham, and in the Halls and Colleges of those Universities respectively.' " That in the judgment of your petitioners, the provisions of the Bill tend to separate education from religion in those Universities, and in their several halls and colleges ; and that they are calculated more particularly to destroy, or seriously impair, that connectioa of the colleges and halls in Oxford and Cambridge with the Church of England, in respect of their, teaching, government, and common worship, which has been hitherto recognised by Parliament, and which even recent Acts of the Legislature have been intended to uphold and secure. " That your petitioners therefore earnestly pray your Honourable House that the Bill may not be permitted to pass into law." That is signed by 103 names of persons non-resident at the time it was drawn up, but formerly resident and holding offices in the University or in a college. There SELECT COMMITTEE ON UNIVERSITY TESTS. 91 There is a third paper, which perhaps may be worth mentioning, though it as of HL Mansel'in> earlier date, as showing what was the opinion of members of the University ' scattered over the country at that rime ; it was drawn up in June L863. At that 2 gth Feb. 1871. time, the University in Convocation put, its seal to a petition to the House of Commons -against the Bill for abolishing the declaration of conformity as esta- blished in the Act of Uniformity. It is as follows: "The humble Petition of the Chancellor, Master, and Scholars of the University of Oxford, " Showeth,' " That your Petitioners have learned with pain that a Bill has been introduced into your honourable House, enacting that no Fellow or Tutor of any college, hall or house of learning shall be required or enjoined to make or subscribe the declaration of conformity to the Liturgy of the Church of England contained in the Act of Uniformity. That the removal of the only test now by law required of tutors and fellows of colleges generally -would render admissible to collegiate government and instruction persons of divergent re- ligious creeds, or of no religious creed whatever. That the Universities are seminaries of the Church of England, and owe their greatness chiefly to their connection with the Church ; and that the Church could not safely entrust her future clergy to persons who had given no security for their soundness in the faith. That the relations between Fellows of Colleges are very intimate, and that the harmony and confidence now subsist- ing must be destroyed by differences, on the most important of all subjects ; and that open antagonism in the religious belief of their teachers and governors must have a tendency to lead students to regard religious truth as a matter of indifference. Your petitioners therefore implore your honourable House not to pass into a law a Bill of which the effects would in their opinion be injurious to the highest interests of the University, the country, and the Church. And your petitioners will ever pray." That Petition was sealed in Convocation on the 2nd of June 1863, and therefore, having only the common seal, the names of the residents who concurred in it do not appear. Afterwards that Petition was circulated among non-residents, and the following Declaration was added : — " We non-resident members of Convocation of the University of Oxford, desire to express our concurrence in the prayer of the above Petition." There is a very long list of names appended to that Declaration, which I have not counted exactly, but I think it may be put as certainly between 1,900 and 2,000 — perhaps about 1,940 or 1,950. I cannot say exactly what was the number of members of Convocation at that time, but that Declaration certainly represents more than half of them. Judging from the calendar of the previous year, the year 1862, which is the only one I have been able to obtain for the purpose of making the comparison, the total number of members of Convocation at that time, both resident and non-resident, was 3,847. The number of residents was, I think, 267, leaving 3,580 non-resident members of Convocation, and out of those 3,580 about 1,940 or 1,950 signed the paper. 885. These memorials or addresses are all very much founded, are they not, upon the assumption we are discussing just now, that this is, in the main, a question affecting the views of parents rather than of their sons who are sent to the University ? Partly. Those petitions which emanated from the resident members of the University, or from those who had been resident officers in the University, take up the question very much from an academical point of view ; but 1 do not think the opinion of the parents throughout the country, as distinguished from those who are members of the University, has ever yet been fairly taken. 886. With reference to the evidence you have given, allow me to ask you this also ; you would not regard this as a question of the teachers in the University so much as of the taught, would you ; you would consider that the interests of those who were to be instructed would really take precedence of the interests of those who, even if there was some little inconvenience and hardship, would have to submit to that hardship in the discharge of their teaching duties ? Certainly. 1 think, considering the age at which young men come to the University, their liability at that age to some upgrowth of hasty opinions, their inability to farm sound judgments at that time, and the influence that opinions then {17.) m 2 formed 92 MINUTES OF EVIDENCE TAKEN BEFORE THE y*5X Rev * formed may have upon their whole future lives, it is most important to secure ■ L - Mans el > D < D « suc h a body of young men from an influence which may have a tendency to un- 28th Feb. 1871, settle their religious belief for the remainder of their lives. 887. There is no disinclination on the part of those who have generally acted with you in this matter, lo exclude men who have taken good degrees, from honours and emoluments, and if they are excluded, it is an indirect consequence which all parties regret ? As far as honours are concerned, there is no exclusion af this moment. Any member of the University of Oxford may take the highest honours in any school ; and he may take the Bachelor's degree. At Cambridge he may go a step further, and take the Master's degree as well as the Bachelor's, only he cannot become a member of the Senate without a further declaration that he is a bond fide member of the Church of England. 888. And you think that the suggestions you have made to the Committee to- day might work practically in the University, leaving the essential parts of the system, comparatively speaking, untouched, and yet involving by the tests, or the restrictions rather, which would be still imposed, either no hardship at all, or at all events the very minimum of conceivable hardship? I think it would involve the minimum of hardship compatible with the proper working of the University as a place of education. To some extent, of course, the interests of individuals must be sacrificed to the interests of the community, but I think, for the benefit of the community, some such restrictions as those I have suggested are desirable. To show that I am not quite alone in my view upon this subject, I may perhaps be allowed to add, that the opinion of an old and very experienced member of the University, a man for whose judgment all who know him have a very great respect, I mean the Provost of Oriel, very much accords with the views I have just stated. I hold in my hand a pamphlet which he printed a short time ago, and there are one or two statements in it which may perhaps be worth reading. He says with regard to the proposed modifications of the Tests Bill, " Yet it is not pretended, nevertheless, that the existing s\ stems are perfect, or that there must be no legislation on this subject, or that the University Acts of 1854 and 1856 might not be improved. By no means. I could point to more than one improvement much to be desired, and there are alterations which, if not altogether approved, yet may not be inadmissible. So long ago as 1864, the following propositions were in substance submitted to the then movers of the ' Tests Abolition (Oxford) Bill.' First, that for degrees other than degrees in Divinity, no religious tests should be required. Secondly, that members of Convocation should make a declaration of Church membership. Thirdly, that teachers should be subject to the clerical test." The clerical test is the test now required by the Clerical Subscription Act of 1865, but with the omission of the last clause, which is only applicable to the clergy. I think the Provost of Oriel states earlier in the pamphlet what he means by the clerical test. 889. You would be willing, however, to reduce that to a declaration of con- formity ? Yes. The pamphlet continues : c ' Fourthly, that to individual professors, by special permission of the University, Convocation should be open without any test ; Fifthly, that independent halls might be opened by persons not members of Convocation; and, Sixthly, that graduates also not members of Convocation should have the privilege of voting fur members for the University." He goes on to say, "These propositions were recommended upon the ground that they left 4 intact the great principle that the government of the University and the colleges should be so lodged in the Church of England as to give ample and adequate security for the religious instruction and discipline of the University.' They had been agreed upon, in fact, by Mr. Gladstone and Sir William Heath- cote as modifications of the Bill to which there could be no reasonable objection ; yet they were altogether rejected by its promoters. But if thev were just and reasonable in 1864 in the judgment of such men as Sir William Heathcote and Mr. Gladstone, they are reasonable and just now. If there have been political changes within the last five years, there has been no change in Christianity or in human nature, or in the principles of religious education." A little later in the same SELECT COMMITTEE ON UNIVERSITY TESTS. 93 same pamphlet he says that he proposes a somewhat further concession, as, per- _ Ve JJ R ev - , haps, desirable, or at least admissible, under the present state of things. He ' ' ' says, " Those proposals (which I have just read) would, I think, have met the 2 g th Feb ]8 difficulty and solved the problem before us fairly, but they were not accepted ; . ' and I could be content to go somewhat further, and many persons now, I con- ceive, in both Universities would be content. First, That the Senate at Cam- bridge and Convocation at Oxford should be open, without the requirement of any religious declaration or securities." That goes a little further than what I have stated as my own opinion. " Secondly, that all degrees, except degrees in Divinity, should be equally open at Oxford as they already are at Cambridge. Thirdly, that, for University professorships and offices not connected with instruction or examinations in religion and morals, nor endowed with canonries or ecclesiastical benefices, no religious tests should' be required." That, again, does not quite agree with what 1 stated just now. I am of opinion that such a test as that suggested by Sir Roundel! Palmer would be desirable. " Fourthly, but that religious securities should be required from persons, lay or clerical, employed in collegiate instruction or discipline, or in regulating the performance of or attend- ance upon Divine worship ; and, finally — Fifthly, that the Liturgy of the Church of England, and no other, should be used in all existing college chapels; but not necessarily in private or independent halls, or in such colleges as may be freely established hereafter in both these Universities." That fifth observation touches upon a very important point which belongs to this Bill, namely, the sweeping away of the 13th section of the Act of Uniformity. S90. I was about to ask you whether, in your opinion, the repeal of that 13th section is a great blot upon the bill as it now stands r I think it is ; and I think, perhaps, the indirect effects of the Bill are too little noticed, in consequence of there being simply a number of titles of Acts enume- rated in a Schedule at the end of the Bill, with no direct information as to their contents. 8y 1 . Can you point out to the Committee what the result from your point of view would be of the sweeping away of that 1 3th section ? The 13th section (or the 17th section, as it is in some editions ; it is the 13th in the Schedule appended to this Bill) enacts that " no form or order of common prayers, administration of sacraments, rites or ceremonies shall be openly used in any church, chapel, or other public place, of or in any college or hall in either of the Universities," other than what is prescribed in the book of Common Prayer. That is the important point. Then there is another point as to the declaration to be made by heads of colleges and halls. The effect of repealing that would be to abolish the only Parliamentary security, the only legal security for the maintenance of the worship of the Church of England, and to leave its maintenance entirely dependent upon college or University securities, such se- curities as might be abrogated from time to time by the University or by any college. It also acts injuriously by omitting the words " no other." The pre- sent section of the Act of Uniformity says that no form of prayer shall be used other than that which is prescribed in the book of Common Prayer. Now, there is nothing, as far as I can see in this Act, as soon as that clause is repealed, to prevent a college from establishing, simply by its own authority and without con- sulting any other power whatever, any other form of worship alongside of that of the Church of England in its chapel. 892. Or even in substitution of the service of the Church of England ? Substitution requires one further step, but one only. Ii would be competent, I think, to the authorities of a college alone, if a majority of them were Roman Catholics, for instance, to establish a Roman Catholic service in the college chapel, though they could not, simply by their own authority, abolish the Church of England* service. I3ut with a little assistance they could go further ; and possibly, (though that is a doubtful point in law. I believe) with the consent of the Queen in Council, and by a bare majority of the governing body of the college, they could abrogate the Church of England worship as now existing in the college, which would complete the transformation. They could institute another form of worship as it is, and I think they could very possibly, by a majority of the college, solely with the consent of the Queen in Council, abolish the Church (17.) ' ' M3 of 94 MINUTES OF EVIDENCE TAKEN BEFORE THE Very Rev. of England worship. I say "possibly," because there seems to be a little doubt H. L. Mmsel, d.d. ag tQ t j ie legal powers of colleges under the Act. In the 40lh clause of the ~" — Oxford University Act of 1854, it is enacted that "every statute made by the 28th Feb. 1871. comm j ss i oners in pursuance of the provisions of this Act, and likewise all pro- visions hereinbefore contained respecting the election of the hebdomadal council," and so on (this is the pith of the clause), " shall be subject to repeal and altera- tion by Her Majesty in Council." That is the clause as it stands in the Act. But in the special ordinances enacted by the commissioners for the different colleges, they have, I think, in all cases, certainly in the majority, added two new conditions ; "first, that such changes shall not be made except by the votes of at least two-thirds of the members of the college present — that is to say, the head and fellows of the college present; and secondly, that the consent of the visitor shall be required, as well as that of the Queen in Council. But it has been disputed whether the commissioners had the power, the Act of Parliament being more general, to add on these two conditions. I believe it has never been decided, though i know it has been very warmly disputed, whether these two conditions are within the powers conferred by the Act of Parliament or not. It is very possible, therefore, according as the lawyers may decide that question, that it may be in the power of a bare majority of a college to alter any of their statutes with the consent of the Queen in Council alone, without that of the visitor. 893. Even to the exclusion of the Church of England servicer I can see nothing to prevent it. The present ordinances of the college enact that provision shall be made for the maintenance of the service of the Church of England. I believe that that is required by the ordinances cf every separate college, and it is also enacted in most, if not in all, that any head or fellow of a college contumaciously refusing to conform to the liturgy, shall be deprived of his fellowship. The latter requirement of course is virtually abrogated by this Bill, if it passes ; the former might, I think, be abrogated under the power given to the college, with the consent of the Queen in Council, to alter any statute enacted by the commissioners. 894. A suggestion was thrown out by the last witness, to the effect that he conceived that it might be desirable that a proviso should be introduced into this Bill, making it obligatory upon the governing body in each college to provide, as I understood, service in accordance with the Church of England forms of worship within that college ; whether that was to be to the exclusion of all other forms, or whether it was to be over and above any other form of worship, I did not quite understand ; but would your view correspond with that ? I think such a clause imported into the Bill would be of very great value, as giving, as the last witness said, a positively religious tone to the Bill, in- stead of mere negative concessions; but I do not think it would be complete unless the repeal of the 13th clause of the Act of Uniformity were omitted from the Schedule of this Bill. 895. Lord Colchester.] You filled the office of Waynflete Professor of Moral Philosophy till the year 1864, I think ? Until 1866. 896. You, of course, had the best means of knowing about those men who were reading for the philosophy school ? Not entirely. .Most of those who were reading for high honours in the philosophy school, or rather in the school of literce humaniores of which philo- sophy forms a portion, attended my lectures, and some of them would ask me questions out of lecture; and I also used to give a more private course of lectures of a much more familiar and colloquial kind, like a private tutor's, which was attended by a few. But many of those who were going into the philosophy school contented themselves with coming and listening to the lectures without saying anything of their own, and therefore it was only in a few cases that I had any opportunity of judging of the personal opinions or attainments of my pupils. 89 7. Should you say that the changes you referred to, and which you regretted had taken place mainly in the last three or four years ? I think SELECT COMMITTEE ON UNIVERSITY TESTS. 95 I think they were going on during the time I was there. In my own lectures Very Rev. I did all I could to" counteract them. I made very often a point of dwelling H. L. Mansel, d.v. upon what I thought the errors of. some of the sceptical works which were likely 2 8th Feb 187 to come into the hands of the young men. 1 898. From your knowledge of the school at that time, should you confirm the statement that it almost invariably led to a loosening of all beliefs for a time, followed afterwards by a process of reconstruction, which process, however, was not completed until after the time a man would be called upon to take the test? No, I should not say that that was generally the effect, although it might have been the effect in some instances. Of couse each witness will speak from the sphere of his own individual knowledge. I cannot say that I know very directly, but. I ha\e heard of instances of that kind. Most of those of whom I can speak from personal knowledge, I think were not so affected, but I think that the change in the statutes for the literce hurnaniores school, si far as philosophy was concerned, which had gone on very gradually, had produced that effect in some degree in this way, that modern authors are very much more read now in proporlion, I believe, than ancient authors. Formerly, when I first remember the University, and for some years after I took my own degree, the practice was that the examination was mainly, as far as philosophy was concerned, in ancient authors, such as Plato and Aristotle, with only illustrations from modern writers. I think the tendency of late years has been to make the modern writers in a great measure the substance of the examination instead of a mere embellishment of it. That has led men into a line of reading which I think is very undesirable, and into modern controversy upon disputed questions, and in some instances into the study of modern writers whose works, though works of great ability and merit, are dangerous if read without a competent guide. 899. Having had the best means of information at that time, you would con- sider it a great exaggeration to say that it was " quite impossible for any man to throw himself into the system of education for the final classical school at Oxford at the present time ; I mean not only to study it ah extra, but really to throw himself into the system, without having every belief in his mind loosened for the time. 1 think the agencies which are brought to bear upon him, the philosophical ideas and modes of criticism, not only destroy but ultimately recon- struct his belief" r I do not think there is any tendency to reconstruction. That may come in other ways, but I do not believe that the tendencies so produced will help towards reconstruction by themselves. No doubt they may be counteracted by other tendencies, and other influences may be brought to bear in after years which may produce a reconstruction of belief; but 1 have no great faith in a course of unbelief in itself leading to belief. I think the statement is so far exaggerated that very much depends upon the personal influences to which a young man is subjected. I can quite believe that in the hands of some tutors the course of reading for the final schools might have that effect, but in the hands of others it would not. 000. Therefore, the more wide the course of reading upon this subject which is encouraged at Oxford, the more important you would think it to be to have some religious check upon the lecturers? Certainly. 901. 1 think 3 ou stated that you would require' from a lecturer in a college a statement that he would teach nothing contrary to religion ?_ _ I think 'I stated that directly with regard to professors in the University ; I believe a statement of that sort would be valuable with regard to college teachers, but it would be hardly sufficient ; I certainly think that for those who hold an important office in the colleges you want a more distinctly Church test, because their position, as 1 said before, is so much more of a personal and domestic character than that of a mere lecturer to his audience. qo2 I forget whether the test at present takes the form of a declaration, and ' also I 'should like to ask as to the proposed test for a member of convocation; (17.) M 4 is 96 MINUTES OF EVIDENCE TAKEN BEFORE THE Very Uev. is it a declaration or an oath that he should not act in any way hostile to the H. L Mansel, d.d. Church of England, or what is it ? Under the system at present it is not a declaration, it is only a prohibition in s8th Feb. 1871. t i ie Stature ; it is enacted by Statute tliat no teacher shall teach anything which is repugnant either to good morals or the Catholic faith. ( )°3- What is the declaration made on taking the M. A. degree? At present the declaration is a subscription to the Thirty-nine Articles. 904. And you would propose, as the most practicable plan at present, to substitute for that a declaration that the Master would not use his power or influence so obtained to the injury of the Church of England ? That would be for a member of convocation. 905. A master of arts, being a resident at Oxford, becomes a member of convocation, and thereby one of the electors of the council, which is the govern- ing body of the University, does he not ? By residing there he becomes a member of congregation, and congregation elects the council. 906. Lord Rosebery.] You consider this a question in which the opinions of parents ought to be considered, rather than the opinions of the actual people who are now under education ? I think so ; I think it affects both, but the parents especially. 907. How do you propose to get at the opinions of those parents? I am afraid, in the very limited time which is allowed for legislation now, it would be impossible to do it, but I believe if a little time were given to circulate papers over the country, if any association could be formed, with a view of eliciting the opinion of parents, a large amount of opinion might be obtained which has not yet appeared, and which, I think, would have a somewhat different character from that which has been most commonly put forward recently ; but it would take time to do that, and I fear the necessities of legislation would render it very difficult to obtain that time. 908. That opinion has not been strong enough yet to assert itself spon- taneously ? I do not think opinion all over the country does assert itself spontaneously ; it asserts itself no doubt both by cliques and parties, and at a general election, but upon a domestic and family question I do not think it will assert itself unless means are adopted to bring it out, and such means have not, so far as I am aware, been much adopted hitherto. 909. Therefore you will understand that the Committee are rather obliged to attend to the opinion which has asserted itself? That is so to some extent, no doubt. 910. Earl of Harrowbi/.'J You are aware of the strong feeling which was elicited in the course of last year upon the Elementary Education Bill, on the part of persons of almost every class, in favour of retaining a religious character for the elementary education of 'he poor ? Yes. 911. Do you incline to believe that there is no inconsiderable indication of a similar opinion which probably exists in the classes above them, in reference to the education of young men as well as with regard to the education of children ? Yes. 912. The extent of that feeling was hardly appreciated until the occasion called it forth in the case of elementary education ? Just so. 913. Legislation was urged upon Parliament upon the supposition of an entirely, different state of thinos? Yes. 914.. But when the question was actually put to the test there was a most undisguised expression of opinion on the part of the public, which was con- tinued SELECT COMMITTEE ON UNIVERSITY TESTS. 97 tinued subsequently in the election of Schcol Boards in favour of a religious Very Rev. character being impressed upon education ? U. L. Mansel, d.d. No doubt. 915. Is there any reason to doubt that that feeling is also the feeling of parents in the higher classes or the middle classes ? I have every reason to believe that if similar means were adopted to bring out the feelings of these classes, they would be manifested as strongly as they have been in reference to elementary schools, and in the same direction. 916. Do you not believe that if all that could be done under this Bill, as it now stands, were brought out into a distinct Bill by itself for the regulation of our colleges, it would create a reaction even among many parties who are now pressing for it ? I think very likely it might. I have a paper here which was printed a short time ago, stating very briefly what the effect of this Bill would be if it were to pass into law exactly as it now stands. I may say that this paper was drawn up in Cambridge, and that it is in some respects worded more with reference to Cambridge than to Oxford ; but to a very great extent T believe it is applicable to both Universities. 917. "What is the picture presented in it of what our colleges might be under the operation of this Bill ? It says, " The operation of the Bill will be to destroy the Christian character and teaching of the Universities and their colleges." 918. Can there be any question of that ? It states these four heads : " First : It will permit a person of auy creed, Christian or otherwise, or of no creed at all, to teach publicly, as a college lecturer in Divinity, or as lecturer in the Greek Testament, or even in some cases as professor of Divinity or of Hebrew, his own creed, or negation of creed, or as head of a college, or as a tutor, to exercise parental superintendence and control over the undergraduates of his college. Secondly. It will permit persons of any or no religious belief to constitute a majority of the governing bodies of colleges. They will then be able to elect fellow's, tutors, deans, and chaplains, control the education and religious worship, and present to college livings. Thirdly. By the repeal of Section 13 of the Act of Uniformity, it will enable the college authorities to allow or order the solemnization Of any rites whatever in the college chapel, and the performance of any kind of religious worship therein, or to dispense with religious worship altogether. Fourthly. It will not only enable persons who are not members of the Church of England to hold fellowships which are now tenable by laymen, but it will also throw open to such persons any fellowships which are now restricted to members of the Established Church in Holy Orders, so soon as the governing bodies of the colleges think fit to alter their statutes for this purpose." I ought, perhaps, to observe in explanation of this paper, that it deals with not merely what the present Bill directly enacts, but with what it enables the Universities or the colieges to do. Some of the statements in this paper would not follow immediately from the legislation of the Bill itself, but they might follow from the powers which the Bill would give to the University or to colleges to make further legislation. 91 9. In fact there is no security against any one of those conditions which you have read being fulfilled if the Bill passes ? As far as I have examined this paper (the author of it has printed a second paper containing his proofs of these statements), the only point upon which I have any doubt as regards the University of Oxford, is with reference to the professorship of Hebrew. The professorship of Hebrew being annexed to a canonry at Christ Church must of course be held by a clergyman. The professor- ship of Hebrew at Cambridge, I believe, is also connected with a stall at Ely, but it is only by a recent enactment, passed within the reign of Her present Majesty, that the annexation has been made ; and I presume that the author means that by the terms of that annexation, which I have not myself seen, it might be possible for a person to hold the professorship without holding the canonry. That is a point which would depend upon the legal wording of the annexation, whether it would be possible for a man to accept the professorship and decline (17.) N the 98 MINUTES OF EVIDENCE TAKEN BEFORE THE Very Rev. the canonry. Leaving that question open, I believe all the rest of this paper is H.L.Man*al, d.d. substantially correct as regards both Universities. 28th Feb. 1871. 920. Under those circumstances you do not think that the Bill gives security for the fulfilment of the Preamble, which states that it is desirable that religious education should still be kept in view in the Universities? I think not. 921. Chairman.} I think you said you had been a private tutor ? Yes. 922. Is it true that a private tutor has much more influence with the young men than a college tutor ? As a general rule I should think he has, because a private tutor lectures to individuals, and a college tutor lectures to classes. As far as my own experience of teaching goes, that which a tutor can make his pupil do for himself is more important than that which the tutor tells him as information. When you are teaching an individual vou can always, by a course of questioning, elicit the state of his own mind, and thereby I think you may have a much greater in- fluence and be of more service in teaching him than if you are lecturing to a large class. One thing which I always noticed in my own lectures was, that a young man would very seldom expose his own ignorance in the presence of half a dozen other men, but when alone with his tutor he would open his mind to him and tell him what he did and what he did not know and feel. 923. I suppose neither a private tutor nor a college tutor can be said to have much influence over young men on moral and religious questions during the lecture hour. Something may come up frequently in a private tutor's lectures. Many young men will open their mind on anything that occurs to them, and although the lecture is not directly upon a moral or religious subject, it will often afford an opening for speaking of such subjects, and that opening is very often taken. 924. Has the tutor much power at other hours than the lecture hours, of in- fluencing those under his charge upon these questions? Very often he has. Much depends upon the character of the individual tutor. A tutor .will very often see his pupils at various times in the day. They may be in his rooms to breakfast with him, and they may walk with him and be in his society in various ways besides the lecture hour. Of course his influence then is very great. 925. Would he have more influence than another resident fellow ? Not necessarily, but his being the tutor would bring them together. 926. It would be a species of introduction ? No doubt. Naturally a young man in the course of the lectures gets to know something of his tutor, and if there is anything in the tutor to attract the pupil he will be naturally the person to whom the pupil will have recourse in difficul- ties, simply because he knows more of him than he knows of a fellow who takes no part in tuition. 927. Supposing the tutor was anxious to influence young men either in a reli- gious or in an anti- Christian sense, do you think he would try to operate mostly during the lecture hours, or at other times ? He would probably do both, but much would depend upon the character of his lectures. If he was delivering a lecture directly on theology or moral philo- sophy, he might take the opportunity of inculcating his own views, be they Christian or anti-Christian, in the course of his lecture, but as a general rule I think his influence would be exercised more indirectly than directly. 928. You would think therefore for that reason, that any provisions that merely restrained him in his public action, would not affect the largest part of his influence upon those under his care? It would not. 929. What is your judgment of the relative efficiency of a test as compared with a penal and restrictive enactment ? I think SELECT COMMITTEE ON UNIVERSITY TESTS. 99 1 think a test would be the more effective of the two. A penal enactment Veiyiier. would very rarely be enforced except in very extreme cases. A test has a hold H -L. Mantel, d.d. upon a man's honour which a penalty has not. . . "■ „ r J 28th Feb. 1871. . 93°- You think that the knowledge that the penalty was part of the legisla- tion of the college, and part of the system under which he acted, would not operate upon the honourable feelings of most people ? In some cases if the penalty were not very severe, a man might consider the submission to the penalty as a permission to teach the doctrine, whatever it might be, but I think the great difficulty with regard to a penal enactment is that as I said just now, it can only be enforced in very extreme cases, and if it were attempted to enforce it in less extreme cases, it would probably lead to an outcry against it, which would ultimately in all probability abolish it. 931. Supposing a tutor with a penal enactment hanging over him was to attempt to teach in opposition to that enactment, would not the feeling of his class be, you are a law maker and a law breaker ? I think it would ; but I think the same effect would be produced by the test alone without the penalty. 932. Assuming of course that the penalty was the least obnoxious form of precaution, I was trying to find out from you whether it was equally efficacious, though less obnoxious? I do not think it would be equally efficacious. 933. But you would not set it down as having no efficacy at all ? No, I should not. 934. I suppose you would agree that it would be less obnoxious to the feelings of those who are crying out against tests ? In many cases I dare say it would ; probably in the majority of cases. 935. Bishop of Gloucester and Bristol.~\ I think you have kindly covered the whole ground of our inquiry, but it has been suggested that a safeguard might be interposed by way of what we might conveniently call a conscience clause, namely, that it might be provided that a power should be given to parents or guardians to withdraw a son or any one entrusted to their care, from lectures of which they might not approve ; do you think that any such safeguard as that could be introduced ? I do not think it would be very efficacious. The parent is not on the spot generally, and he has but little opportunity of judging of the character of many of the lectures which his son attends, and unless the particular teacher was a man whose opinions were very notorious, it would be very difficult for the parent to judge whether his son should be withdrawn from him or not. 936. I ought to make my question plainer by saying that it was on the assumption that the young man complained to his parent or guardian, and that the parent or guardian so complained to interposed r I doubt whether a clause of that sort would have much effect; many young men would not complain. It would only be in rare instances, I think, that such ^ complaint would be made; and in many cases the complaint might arise other motives than that of the dangerous character of the teaching. 937- grouped t'ois been said that there are now arrangements by which colleges are college are pfe".. and that young men who might object to the lectures in one whether that is a s^d to attend those in another ; have you any knowledge I can hardly say ; t& which is likely to extend ? exist at all at the time l^.em did not exist to any extent, in fact it did not some extent since, while I waany part in college tuition ; it has grown up to arisen, I think, from the corrfjl a resident at the University. It has partly teachers, and very often from the : vely young men who are employed as tutors on a particular subject in one -dty of finding a sufficient number of two colleges are grouped together under + Trinity before that? Yes, for a long time. 942. As tutor? As assistant tutor, as tutor, an" 1 afterwards as professor of Greek. 943. You are acquai^ wit J this BiU ? . f , . , . Y f have re?'' ' a am aCQ , uainte d with its provisions. -^r.dt is your opinion as to the operation of tests generally at Cambridge ; . 94 lirst place, have they been in your opinion, efficient for the purposes which m ose who instituted them had in view? The present test at Cambridge is a very mild one, as your Lordship is probably aware. 945. You mean the test for the Senate House ? Yes; it merely requires a declaration that the person who having the degree of Master of Arts, wishes to exercise his franchise in the Senate House, is a bond fide member of the Church of England. That is the only University test that is imposed upon a layman by the present statutes. 946. Have you ever heard of any one being repelled by that test? Yes, many. So far the test has been effectual ; but on the other hand, I think the test has been taken by many who may be members of the Cliurch of England ; but the words must be understood in a very broad sense, if they are considered so. For instance, it has been generally taken, as I have understood, by those who have been brought; up as members of the Church of Scotland ; I do not pledge myself to the accuracy of that statement; but my impression is, that such is the fact. 947. Then it has not had the effect of repelling those who only differ slightly from the Church of England ? I should not say that; I think it repels those (I do not wish to use invidious language, although it is difficult to avoid it) whose consciences are perhaps what persons of more robust mould would call morbid. 1 think some persons, who (17.) N 3 are Rev. W. H. Thompson, D.E. 3rd March 1871. 102 MINUTES OF EVIDENCE TAKEN BEFORE THE RtJV - are to all intents and purposes members of the Church of England, refuse it. W. H. Thompson, -p or j ns t a nce, I have known pprsons who have attended the ordinances of the Church of England, and even partaken of the Communion, refuse it. Therefore , M , „ the test is, in one sense, ineffectual in both directions. 948. Do you think that those persons whom you refer to have refused to take the test, because they felt themselves not to be really members of the Church of England, and therefore could not honestly take the test, or because they felt that on account of their previous connections they would be reproached with mean- ness if they did so ? Possibly that motive may have operated in many cases. I think I know of one or two in which I should say it had operated, so far as one can judge of the motives of other men. 949. A man does not like to be thought to have abandoned a standard which he inherited : Yes, that is felt. 950. What is your judgment as to the effect of the test in repelling those who of late years have become more numerous than they were formerly, who have no very distinct adhesion to any form of belief ? I never heard of a clear case of a person of that description being repelled by this test, though it may have happened. 951. Have you ever heard of cases of persons being admitted who were gene- rally reputed to be of that tone of thought ? The opinions of men who are not yet Masters of Arts are not very well known among their elders. I think there have been such cases, judging from what I remember as an undergraduate, and from general probability. 952. What I wished to obtain from you was, whether you thought the test was more efficacious in repelling those who belonged to some definitely organised body separate from the Church of England than in repelling those who differed from the Church of England i„ belief, but yet had not associated themselves with any religions body apart froit^ her ? I should be disposed to say yes to tiic> question. 953. A much more stringent test is now impo^ f or fellowships, is it not? That is as you take it. Every person, in order to^y a fellowship, is, by the Act of Uniformity, obliged to sign a declaration of conforu.-^ tQ ^ Lj tur „ y f the Church of England. No definition has been given of those vvv..^ 954. Therefore you think it depends upon the quality of a man's m.. 4 or conscience with respect to what you just now called " morbid "? I did not use that as my own word, but only as a word which might be used by persons who took a different view. I would rather use the words " unusually sensitive." 955. It rather depends upon what is conveyed by that word, however you describe it, whether the declaration operates as a stringent test or not ? Yes. T think that any person brought up a Dissenter, who had never openly renounced the faith of his fathers, would not be considered in public opinion to be justified in making that declaration. I do not know whether I make myself understood. 956. It is the effect upon public opinion which would mainly influence the takers of tests ? It would influence them in some degree, but it is not the only thing which would influence them, I think. It was held by Paley and others, as your Lordship will remember, that tests are to be construed in the sense of those who administer them, the " animus impoventis.'" I do not endorse that doctrine, but that was a prevalent opinion some time ago in bodies like the Universities. 957. That meant those who administer them at the present day ? I think that was Paley's meaning, but it is a long time since I read his Moral Philosophy, I confess. 958. Supposing SELECT COMMITTEE ON UNIVERSITY TESTS. 103 958. Supposing a man. who had taken the test to be seized with a desire to Rev. propagate among his pupils some form of belief or non-belief hostile to the • • djj " ™ ' Church of England, would he not, in addition to any conscientious scruples he might feel, be strongly restrained from doing so, by the sense that he might be 3rd March 1871. looked upon as doing a dishonourable thing by those who heard him r The case is a hypothetical one ; I never heard of such an instance. 959. You never heard of an instance of a person who had taken the test, wishing to controvert any of the doctrines of the Church of England ? A person may have wished to do so, but I never heard of his doing it. If I understand your Lordship rightly, you mean any person distinctly impugning any of the doctrines of the Church of England in his capacity of a public lecturer, either in the college or the University. 960. That was the kind of case I referred to r I 1 never heard of such a case in Cambridge, and public opinion, I think, would frown upon such a proceeding. 961. Would public opinion be equally active if the test were removed ? I am unable to say. 962. You do not think that that public opinion takes its rise in any degree from the existence of the test, and that it is looked upon as an act of dishonesty, after having signed the test, to act inconsistently with it ? When our colleges were first founded there were no tests, and yet public opinion then operated pretty strongly. 963. There was something much more effective than tests at that time, was there not? Yes. The question is one of those hypothetical ones which are extremely difficult to answer. 964. Do 1 understand you that the existence of persons in colleges wishing to teach doctrines strongly hostile to the Church of England is a purely hypo- thetical case within your experience ? If we are to interpret their wishes by their actions, I should say it is an hypo- thetical case. I have no doubt, if you ask me the question, that there are many persons who entertain opinions which the majority of our ecclesiastical authorities would pronounce to be contrary to the doctrines of the Church of England. I have no hesitation in saying that that is the case, both in the Universities and elsewhere ; but I am not aware that anyone has so far forgotten his position as a teacher of youth as to introduce into his public teaching any attack, either direct or indirect, upon the doctrines of the Church of England. I know of no such instance in my experience ; at all events, I do not at this moment remember one. I was not prepared for the question; but I cannot now tax my memory with any instance of that kind in Cambridge. If your Lordship alludes to published writings, that is another matter, about which I could not say so much. 965. Then if there is any need for restraining such teaching, the tests appear to do it perfectly, though you think it would be done with equal efficacy by a simple declaration that the teaching of religion was obligatory upon college authorities ; do you believe that things would remain much as they are now if the tests were removed in that case r I do not know. T. cannot say either that things would remain as they are, or that they would not. g66. Do you know at all what is the prevalent feeling among those engaged in education in Trinity College ; do they think that such legislation would alter this existing state of things or not ? A great majority of those now occupied in lecturing in Trinity College are in favour' of the Bill which is now before this House. In all such cases, as your Lordship will know better than I do, you have to make a choice of evils. All legislative change implies, to my mind, a choice of evils, or, if you like, a choice between opposite goods. I think the general opinion in my own college is that the good preponderates. (X7.) N4 967. What 104 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. W. H. Thompson, D.D. 3rd March 1871. 967. What, is the advantage that you anticipate from the removal of tests? The greater security of our institutions for one thing. 968. Do you mean political institutions ? No; the greater security of our academical institutions. I should expect something worse to hefall us if we maintained the present barriers. 969. What would you expect? Your Lordship knows the history of the Sibylline books. 970. 1 wish to know in what form the burning of the last book is to take place ? It is not for me to foretell. " Davus sum non CEdipus." I cannot read the riddle of the future. 971. As you said that the circumstance which, in spite of some apparent evils, reconciled the majority of the teachers in Trinity College to the removal of tests, was the maintenance of our academical institutions. I wanted to know which of them was threatened? We are the possessors of very large property, to begin with. 972. To whom might that be given, do you think ? 1 should leave a question of that kind to the House of Commons ; probably they would find recipients for it. 973. You are of opinion that, if the Universities accept this abolition of tests, their property will be more secure than it is now ? Pro tanto, I think' it will. I think a larger number of persons will be inter- ested in the maintenance of our academical institutions, collegiate and otherwise. 974. You say that yourself do not see any evil from the abolition of tests, be- cause you cannot penetrate the future ; but you do admit that those about you at Cambridge do feel that there is an evil, inasmuch as they consider the advantage to be merely one which is established upon a balance r I do not say that. I am only speaking for myself; and when I say that I think there is a balance of evils in all legislation, I may be mistaken ; but it is only my opinion. I think there are many evils connected with the present system of tests which require removal. 975. Will you enumerate some of those which present themselves to your mind ? The exclusion of admirable candidates, for instance, for fellowships, whose teaching would be most valuable ; and for professorships also. We have in- stances of that at present ; but it is unnecessary to mention them. Such in- stances occur frequently, and will occur more frequently, and a general sense of injustice will be engendered in the public mind, which, sooner or later, must produce its effect. 1 think the arguments against a great many of what are called the reforms of the last 30 or 40 years have been very strong. Nevertheless, the fact that the institutions, which it was intended to reform, were, upon the face of them, unequal, or, what is commonly called, " unjust," was a sufficient reason for the several reforms. For instance, I think a great deal was to be said against the Reform Bill of 1832. A great deal was to be said in favour of the old system ; and a great many inconveniencies, it may be argued, have resulted from the new one ; yet I think no statesman will say that it would have been possible to maintain the old state of things until now. I think the analogy extends to all questions of a similar kind. 976. What presses most strongly upon your mind is not the expediency, but the necessity, of the change ? I have always been of opinion since the year J 834, when the subject was first mooted in Cambridge, that the University test ought to be abolished. I have come slowly to the opinion that it is not desirable to enforce a test upon fellows of colleges. 977. You would enforce no test, either mild or stringent? I would enforce no test, in the ordinary sense of the word " test," either mild or stringent. 978. Nor would you do so upon any officer of a college ? If I imposed any test at all, it would be in the form of a direction to the electing body. 979- It SELECT COMMITTEE ON UNIVERSITY TESTS. 105 1)79. It would not be a test in the sense in which the word is commonly used, as some engagement taken by the man himself? Certainly it would not. 9 So. Would you impose any kind of test, upon the tutors ? That has never been done in Cambridge. I believe it is practised in Oxford, but it would be very unpopular in Cambridge, and I question whether it would be very efficacious. We have never heard of such a thing in Cambridge. 981. You do not think that religious teaching would be much affected either way by the presence or absence of such a test ? No doubt it would be affected by the presence of the test to a certain extent. For instance, if membership of the Church of England were required from a tutor, lie -would consider himself more under restraint, possibly (I do not say certainly that he would), than if he were not required to be a member of the Church of England. I ought to say that in Cambridge we hardly know what theological differences of opinion in the lecture room are. There is no such thing with us. 982. Controversy does not rage in Cambridge with the fury that it does at Oxford? I am not aware that it has ever raged in the lecture rooms at Cambridge. There is of course nothing to prevent its raging in the press with any degree of violence. 983. You have never heard of a tutor at Cambridge trying to impress his own theological opinions upon his pupils ? I cannot say that. I remember instances, certainly, of tutors whose opinions were very marked, and who in private conversation could hardly have avoided, I will not say proselytising, that would be too invidious a word, but giving, their pupils to understand that their opinions were very marked in a certain direction. That direction was what is commonlv called the High Church direction. I think there have been cases of that kind > and possibly there may be now, though they are unknown to me. But I think there is comparatively little of that. 984. Public opinion does not sanction that kind of proselytising ? No, I think not. 985. In fact, you are of opinion that the action of the college authorities in reference to religious teaching altogether is not of a very marked kind ? The governing body of my own college has the power of deposing any lecturer or tutor from his office. I think that if any lecturer or tutor abused his position so far as to inculcate what we may call infidel opinions, for instance, to take a strong case, and that were brought under the notice of the master, the master would think it right to bring it before the governing body, and that would be a case which the governing body would probably deal with. How they would deal with it would depend upon the composition of the governing body of the college for the time being. 986. Lord Houghton.] The Bishop of St. David's was deposed by the master, I think ? He was not deposed ; he was asked by the master to resign, and did so. There was no power of compulsion vested by the then statutes in the master, either singly, or, as I believe, in conjunction with the seniors. 987. Chairman.'] The master has no independent authority in Trinity ? None whatever in Trinity, as regards the tutors. In other colleges I believe he has. As your Lordship is probably aware, there is a very large body of fellows at Trinity, and it would be impossible that a governing body consisting of 60 fellows could work well. Therefore the government of the college is vested in the master and eight out of those 60 fellows, who are called the seniors. 988. Then the influence of the head of the college upon the question of religious education is at Trinity College of a slender character ? His opinion may or may not have weight with the governing body ; but he has only one vote among nine. Rev. W. H. Thompson, D.D. 3rd March 1871. (17.) O 989. He 106 MINUTES OF EVIDENCE TAKEN BEFORE THE R ev. q8q. He has no more actual power than that ? W. H. Thompson, fr^ J w jii ta k e a hypothetical case, and one which I hope will never occur. He could, of his own authority, bring an offending fellow before the governing' 3*1 March 1871. body, under one of our statutes. 990. I understand you not to be averse to a direction to the electing body to be governed by religious considerations in their election of fellows? If your Lordship will allow me to read one of our statutes, you will see that that exists already. "The intellectual qualifications of the candidates for fel- lowships, and their proficiency, shall be ascertained in such mode as the master and seniors shall determine, and the electors shall choose in each case that candidate whom they shall deem to be most fit to be a fellow of the college as a place of religion, learning, and education." These are not very definite words, but still it would not be true to say that we have no such direction at present, and that is what I meant when I said that I thought that if anything of the kind were attempted, it should take this form, that instead of a test, some direction to the governing body should be substituted, which they would be bound to follow. I do not give any opinion as to the expediency of it, but I merely say that that would be the way of doing such a thing as your Lordship seems to think desirable. 991. Have you any opinion as to the expediency of it? It is difficult to answer a question of that kind, unless one sees the form which it is to take. If the form were put before me, I should be able to say whether I thought it would work well or not, or whether it was too strong, or the reverse. 992. Are you of opinion that any safeguard of that kind would be a desirable addition to the Bill, and that the Bill would work badly, or less well, without some such safeguard ? I should not myself object, if, instead of " religion," the words " Christian religion," or an equivalent, were inserted. I should, personally, have preferred that expression. 993. With respect to the form of the removal of tests, are you of opinion that the change from an optional to a compulsory removal of tests is a desirable one ? I am very strongly opposed to an optional one. 994. On account of the agitation it would produce ? Yes. 995. You would be sorry to have any question respecting the tenure of fellow- ships depending upon a religious point of view, agitated within the walls of the college ? I feel that very strongly indeed. It would be agitated within the walls of the college it is true, but it would also be agitated in London among non-resident fellows. These, in Trinity, are almost a majority. 996. Are the non-resident fellows a majority in your college ? Almost a majority. 997. Do you consider that a desirable state of things ? 1 stand in a relation to all the fellows, which makes me unwilling to answer a general question of that kind. 998. I did not mean to ask with respect to the people who constitute the majority, but I wished to know whether you thought it was desirable that a large proportion of those who in the last resort are the governing body of the college should reside away from it? They are not so " in the last resort." They have the power to oblige the master to call a meeting of all the fellows of the college in order to alter any one or more of the statutes. 999. It is, however, both amongst the resident and the non-resident fellows, that you would deprecate any agitation arising from any optional test for a fellowship on religious questions ? Certainly, it would be a great difficulty to those in authority. 1000. And SELECT COMMITTEE ON UNIVERSITY TESTS. 107 1000. And it would, to some extent, impede the studies of the place^ I TT ^ T V " ' J r W.H.Thompson, « O PP 0Se? „ , ,. D.D. Certainly it would divert the attention of the younger men from the studies of the place. They are already too much disposed^ I think, to mix hi University 3rd March 1871. politics and legislation. A good deal of time is spent at Cambridge already in academical legislation, which would be better employed in scientific or literary labour. 1001. You would deprecate upon the same ground any provision which gave to the senate a power of controlling the colleges in matters of religious teaching, would you not ? I am not quite sure that I know what that question points to. 1002. You would object to any power being given to the senate to interfere to control a college in which anti-religious teaching was permitted ? I think it would lead to a frightful uproar. We have a record of something similar to what your Lordship indicates in the case of Frend, which you may perhaps recollect. 1003. Earl of Harrowby .} Of Jesus College ? Yes. He was banished for publishing a pamphlet (which I never read), in which the doctrines of the Established Church were supposed to be im- pugned. 1004. Earl Stanhope.] In what year was that ? Not long before the beginning of the present century. It was in the time of Dr. Isaac Milner, of Queen's College, who flourished (as the phrase is) at the end of the last century and the beginning of this. 1005. Lord Houghton.'] Are you of opinion that, looking back upon what has been the course of public opinion at Cambridge, it would have been generally advantageous for the interests of the University if this question of University tests had been settled some time ago ? I hold that opinion very strongly. 1006. Do you think that the long delay in this matter has generated a state of things which may become dangerous to the University ? I have already said that 1 think so, at least I intended that. 1007. Might not one effect of the passing of this measure be a diminution of any hostile feeling towards the Church of England, and towards religion in general which may exist at present in the University ? It would have produced that effect 10 years ago I have little doubt ; but I perceive now a growing spirit of what I may call liberal intolerance in the University. I mean intolerance amongst liberals. I perceive a growing dislike to religious ordinances amongst other things, and I think that that feeling will increase the longer these tests are kept up. 1008. Earl Stanhope.] I wish to ask you some questions about the visitorial power at Cambridge ; who is the visitor of your own college, and how was that visitor appointed ? The visitor of Trinity College is the Crown. .1009. Who makes the visitation on Her Majesty's behalf? The Lord Chancellor. 1010. Are there periodical visitations, or are they only made when cause seems to arise for them ? Only when the visitor's interference is invoked. ion. Have there been any instances within the last few years, or since you have known Cambridge, of the visitorial power being exercised in any striking manner ? There was one in which I was concerned myself, and one or two more also ; (17.) O 2 I am 108 MINUTES OF EVIDENCE TAKEN BEFORE THE w H^Th' I am n0t quite Sure !lb ° Ut the Iatter ' because l was 110t at the ,ime an actl 'ng tv.h.i/wmpson, fellow, but only a nominal fellow of the college, and the question or questions did not concern me. 3rd March 1871. 1012. Of what nature were those cases ? The first was a case which involved the tenure of my own fellowship ; the question arose whether I could hold it as Greek Professor, or not. 1013. It was not a question involving any point of doctrine, then ? No; it was only a question of the distribution of revenues, in fact. 1014. Did the other case involve any point of doctrine ? Not in the smallest degree; it, or they, only related to the right of presentation to livings in certain cases. 1 1 5. Could the statutes be altered in opposition to the visitor, or without isulting him ? Yes, with the consent of the Queen in Council. ioi 6. Does that arise from from the peculiar position of your college as having the Queen as your visitor; how would it be in the event of your having another person, not the Queen, for visitor ; could the statutes then be altered in opposition to the view of the visitor, or without consulting him ? Yes, by the University Act. 1017. Is the Queen the visitor of any other college in Cambridge besides Trinity ? The Queen is the visitor of five other colleges. lotS. If then there be no special cause given, a long period of years might ensue without any act. of visitorial power j is that so ? Yes, an indefinite period. 1019. Lord Lyveden.] You said you knew persons who had refused the test; were those persons recognised Dissenters, belonging to particular sects, or did they refuse it generally on account of their disinclination to take any test ? I think they were the children of Dissenters. If what is alluded to by your Lordship is the refusal of the test before the Master's degree, I really am not sure about that ; I dare say there are cases of the other kind. I think 1 remem- ber one case of another description in which the test was refused upon general grounds ; I do not know what the grounds were, but I am not aware that the person refusing was a Dissenter. 1020. Is it a usual tiling for persons refusing to take the test to state the grounds of their objection? To their friends they may. There is nobody to ask them. 1021. Did you ever hear of anybody refusing the test on the ground of his general disbelief in religion ? Not on that avowed ground, certainly. I remember the case of a person refusing to take what, is called the Protestant declaration, which we exact of all fellows before they can be admitted. There was a recent instance of that, but I never heard, and never inquired into the reasons of that person for refusing. 1(22. Are you of the opinion which has been expressed by very many witnesses before the Committee, that the danger to the University is more from persons who have no religious belief whatever, than from persons who have belief in particular Dissenting doctrines r I do not think there would be any danger from persons who believe particular Dissenting doctrines, so long as they keep within the limits of Christianity. 1023. Your belief is, that it is more from avowed infidels that danger is to be apprehended e I think there is not much danger from avowed infidels. 1024. Is SELECT COMMITTEE ON UNIVERSITY TESTS. 109 1024. Is not it the case, that such persons holding sceptical opinions, but being men of moral character, have constantly taken all the tests ? I think it very probable that that is the case. 1025. Then you think the tests are remarkably inefficient to preclude persons of that stamp from obtaining fellowships ? I think they have been inefficient ; at the same time I believe that there are persons of sceptical views who are too conscientious to take the tests. 1026. "When you say "too conscientious," you mean as a point of honour? As a point of honour and duty. 1027. That dishonourable conduct would not be so marked in them as it would in persons who are recognised as Dissenters, and the feeling of honour would not be so binding upon them ; a recognised Dissenter would be at once marked as a man who, notwithstanding his own opinions, had made a declara- tion to attain a certain object, whereas a man who had no belief would not be so marked ; is not that so ? Infidels are very rare, that is to say, infidels who proclaim their disbelief are rare, and they are restrained by influences quite different and apart from tests, by the influence of public opinion, and so on, therefore the case seldom arises. 102S. Then those persons would take the test with less discredit, if there was any discredit, than the Dissenters, would they not ? They would, of course, because their opinions would not be flagrant or patent to the world. 1029. Earl Cowper.~] Has the study of books maintaining doctrines contrary to the Christian religion been in any way encouraged at Cambridge, by any college or any authority ? No. 1030. And certainly in no public teaching are such doctrines taught in any way ? Certainly not. 1031. I think you said that public opinion exercised a restraining influence in preventing doctrines contrary to the Christian religion being taught, and that probably it would always do so ? Yes ; probably it will always do so, unless a very great change takes place in the opinion of England upon such subjects. 1032. Then you do not think that public opinion would be less active if tests were abolished ? I see no reason to think public opinion would be less active. 1033. And you have no fear that orthodox religion would cease to be taught at Cambridge if tests were abolished r Orthodox religion is taught now by persons who are clergymen ; there is no special theological teaching in the University of Cambridge, except such as is given by persons in Holy Orders, of whom, as it is well known, very stringent tests are required ; therefore the case has never arisen. 1 034. 1 suppose in order to pass the examination, a knowledge of the Bible is necessary. Is there any examination in Divinity in the final schools ? The only examinations in Divinity which all students are required to pass are not of a dogmatic character at all, but are either in the evidences or in the exegesis of the New Testament. Every person must pass the " previous exami- nation," as it is officially called, and then he has to pass an examination in the evidences of Christianity, and in one Gospel. That is all the examination of that kind that is binding upon all. That is all the religious knowledge which is required of all students. Those who go out in honours are never examined again in theology in any form, unless they wish to go into holy orders. That is the state of things at the University of Cambridge at present, and it has been so since my recollection of it. We have nothing analogous to the Oxford Divinity school. Rev. W. H. Thompson, D.D. 3rd March 1871. (17.) 1035. Then 110 MINUTES OF EVIDENCE TAKEN BEFORE THE Ti7 zr R ^I' ios- ^j> m P* on > would very possibly not be the opinion of those who are held responsible by ' public opinion, namely, those who are resident ; they would be, or might be, d j^,.^ 1 ^ lw outnumbered by the non-resident fellows. 1117. Would you not think it a desirable thing that there should be some clifference between different colleges in this matter ; that some should be more denominational than others ? There might be practical convenience in that, but there would also be great practical inconveniences. It is possible (I do not think it is very likely) that some colleges would fall entirely into the hands of particular sects. 1118. Yo do not think that there would be any advantage while the public mind is so divided as to denominational or undenominational education, in having some colleges corresponding to the one system which is desired by some people, and other colleges corresponding to the other system desired by other people ? I think that would be very inconvenient. 1119. You would not make any difference between pre- Reformation and post- Reformation colleges? No, we cannot recognise that distinction at Cambridge; we are bound entirely by our Statute Book, and nothing else ; all our former statutes were abrogated when we got our new statutes ; we are not bound by, and we cannot appeal to, any statutes formerly existing. 1120. And therefore you would object to the law making any such distinc- tion by an alteration in this Bill ? Yes, I think so. If you went into the question of pre- Reformation and post- Reformation, it would open a very wide door of discussion, H2i. Therefore you think that, even if the opinion of the country is greatly •divided, the system of the Universities should be uniform ? Yes ; I admit the acuteness of the objection implied in the question, but I think, nevertheless, that the system of education at the Universities should be uniform. 1122. Then you have no particular alteration that you would advocate in this Bill ? No ; I have said already that I am content with the Bill as it is. 1 123. And you would be opposed to any modification of it? Yes ; I should be opposed to any modification of it, either in one direction or the other, upon the whole. 1124. Earl of Kimberley.] Do you attach any great practical value to the direction in our statutes, that, in the election of fellows, regard should be had to the University being a place of religious education ? The language used is, no doubt, somewhat indefinite. 1125. In practice, the words "religious education" would be interpreted by the fellows according to their own religious opinions, would they not ? The language is, " a place of religion, learning, and education." 112b. The word " religion" would always be interpreted by the fellows ac- oording to their own religious opinion, would it not ? Probably. 1 127. So that if a large majority of the fellows were Christians, they would naturally regard the Christian religion as being that to which they should have regard ; but if we can put so extreme a case, supposing the majority were Hindus, they would consider the Hindu religion as that to which they ought to have regard ? Yes, I suppose so. 1 128. Such words would not be of much value, because they would depend for their application upon what might be the opinions of the fellows, which could not be regulated by statute ? Yes ; the interpretation of the words must rest with each man's individual conscience. (17.) P3 1129 That llg MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 1 1 Zi). That would be the case with any safeguard of that general kind which W. II. Thompson, m ^o|]t be introduced into this Bill, containing any such direction as that which you have in vour statutes — namely, that regard should be had to the University 3rd March 1871. as being a place of religious education, or being a place of religion, it would practically be no safeguard at all ? Tt would not be an infallible security. n 30. Duke of Somerset.] From a Paper which you have given in, it appears that there are 60 fellows at Trinity ? There are, when the number is complete. 1131. And of those 60, all but those who hold college offices are obliged, within seven years, to take priests' orders ; is that so ? That is so. They are obliged to take Holy Orders within seven years of com- pleting their degree of Master of Arts. 1 132. Practically, can you tell me what is the effect of that. Do they leave or do they take priests' orders generally ° I suppose the majority of those who are not in office in the college leave ; at present the majority leave. All barristers, for instance, leave as a matter of course. We look to an annual supply of vacancies from barristers dropping their fellowships at the end of their seven years. 1 133. Then so far the regulation as to taking orders acts favourably to making a change in the body of the fellows I Yes. 1 134. Would it be better not to have that regulation about taking orders, but to say at once that fellowships should be held only for a limited time ? There are many practical advantages in having a supply of fellows in orders. Some of our college offices can only be held by fellows in orders. We have a custom, which I think a valuable one, of having sermons preached in chapel. There ought always to be persons qualified to preach in chapel. And there are other reasons why it is desirable to have a few clerical fellows in reserve who are not perhaps actually engaged in teaching. 1 1 35. Then you think it would be desirable to keep some of the fellowships in connection with the Church ; is that so ? As at present advised, I am distinctly opposed to doing away with the obliga- tion of taking orders at the end of seven years, or resigning. I think, the excep- tions to the rule are sufficiently numerous, Any person who holds, we will say, any one of about a score of offices in the college, is not obliged to take orders so long as he holds one of those offices. And if he holds that office for 10 years he may retain his fellowship for life without any obligation of the kind. I think that is quite sufficient, and almost more than sufficient, for the purpose intended. 1136. Then, in fact, the regulation about taking orders might be done away with in the case of the other fellows ? No, I think not. A great many of our lecturers at present in classics, mathe- matics, moral science, and physical science, are laymen. We cannot make any use of them in carrying on the religious discipline, or the religious instruction of the college, so far as that is carried on by way of chapels. 1 137. There are only 18 of the fellows, I think, who hold college offices, are there ? There are certain University offices which also dispense their holders from the obligation of taking orders, and enable them to retain their fellowships without doing so. I think I am not over the mark when I say that there are about 20 such cases possible in my own college. There are 12 assistant tutors and three> principal tutors (that makes 15) ; and besides these, the two bursars are exempt, and so is the registrary, if a fellow of Trinity, and the librarian of the University ; a so-called pro-elector is also exempt. The Witness is directed to withdraw. SELECT COMMITTEE ON UNIVERSITY TESTS. 119 Mr. CHARLES NEATE, is called in; and Examined, as follows : Mr. v.Neate. 1138. Chairman.] You have resided at Oxford, I believe, for a great numbet 3rd March 18 71. of years ? I have. 1139. And you are we ll acquainted with the object of this Bill? I hope so ; I have considered it a .-*. have - _ 7th March 1871. 1311. Then supposing the Universities and colleges of Oxford and Cambridge adopted your own view of their duties towards their pupils, and without requiring any tests, merely made arrangements for giving to them a Christian education, should you consider that that was a hardship upon the Dissenting bodies ? I do not know whether your Lordship means in providing the education or in requiring attendance. 1312. In giving the education, not in requiring the attendance of those who differed from that education ? I should not consider it a hardship at all that classes in Butler and the New Testament were provided for all students, and that the students were all encouraged to attend those classes. 1313. Should you consider it a hardship if means were taken to insure that an education of that kind was permanently given in those institutions ? I certainly should not, with one condition : in our own house I have now and then a student who wouldrather be off the Greek Testament class, for example, and if I found that he had conscientious objections, I should of course give him leave of absence ; but if it were merely that he did not see its bearing upon his own professional pursuits, I should then overrule his objection upon the common ground that a knowledge of the New Testament is really part of a gentlemanly education, and is also conducive to habits of moral uprightness, and so on, in after life. I do all I can morally, in fact, to get these classes attended, and I should not release a man from the duty of attending them, except upon conscientious grounds. I should entirely concur with like principles laid down at the Uni- versities. 1314. All, in fact, you would require is what, in Parliamentary language, we call a conscience clause ? Quite so. 1315. You recognise the impossibility of giving religious instruction at all without giving it to some extent definitely in accordance with the views either of some denomination or of some group of denominations ? Practically I see no difficulty in the way of teaching a common Christianity. I have tried it in the case of men of different religious bodies in our own house ; and while it makes the tutors respectful and careful, I have never had a practical difficulty in teaching the truths of our common religion in relation to morals, and in relation to doctrinal truth also. 1316. That I presume arises in some respect from no persons having come to you for instruction who entertain an objection to the fundamental truths of Christianity ? No doubt that is so. 1317. You would hardly extend the answer which you have just given to the case of Unitarians, would you ? In such cases I should deem myself free «till to keep to the common Christi- anity, and to urge a student to attend for the sake of the literary advantages of the class; that would be my own feeling ; I may add that in reading the Greek Testament in an elementary class, I do not deem it part of my business to discuss the points on which Unitarians and other Christians differ as part of a system of doctrine ; the very utmost I should do would be to explain what seems to be the obvious meaning of a particular text occurring in the lesson of the morning. 1318. But you could hardly deal with the doctrines of Christianity at all without running athwart the ideas of a Unitarian ? No doubt I should run across his views upon particular passages ; there is no question of that. 1319. But you would not consider it a hardship upon any body of Christians if the rule of the institutions at Oxford and Cambridge were that Christians should be taught in such a form that Unitarians might object to some portion of the teaching ? I should not so long as the teaching represented the general view of the community. (17.) * s 3 ] 32o. And, 142 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. J.Avgus,v.D. 1320. And, to go one step further, you would not consider it a hardship if — teachers were restrained from teaching doctrines hostile to a common Chris- 7 th March 1871. tianitv ? In the case of religious teachers I should not. 1321. 1 think you said that at your college, founded and sustained as it is by members of the Baptist denomination, the religious teaching special to that denomination is taught to those who are willing to accept it amongst the ministerial students ? It is taught to all ministerial students. 1322. And to the lay students who are willing to accept it ? We do not teach systematic theology to lay students at all ; they take the two classes I have mentioned in Butler and the New Testament, Butler changing places in alternate years with Paley, or some book upon the evidences of Chris- tianity. 1323. But you recognise it as a matter of justice that those who furnish the funds should hare the right of directing the uses, including amongst the uses religious teaching, to which those funds should be applied ? Quite so. 1324. And I suppose you would extend that to the case of bequests which have been made to you ? We should do so certainly, and practically we do so ; we have no large dependence upon bequests ; our chief support comes from yearly contributions, partly from the students themselves, and partly from the Christian public. 1325. And if it had been established to your satisfaction that bequests had been made for the purpose of teaching the doctrines of the Church of England, you would not think it a hardship that they should be applied in providing that branch of instruction ? If they were contributions for the ministry, I mean to say gifts for the purpose of teaching clergymen or ministers, I should see no hardship in continuing to use them for that purpose. 1326. Should you see any hardship in so treating it if the bequest was made for the purpose of teaching the doctrines of the Church of England to lay students ? If the bequest was made for that specific purpose alone I should see no hardship in it whatever. 1327. All you would think it necessary to inquire would be whether that had been the distinctly expressed intention of the testator ? Quite so. 1328. Do you practically have any members of the Church of England at your college ? In the 20 years I have been there we have trained some 100 lay students, and I think six or eight have been members of the Church of England. 1329. I suppose they have been members of the Church of England belong- ing to one wing of that body exclusively ? I have no doubt their leanings have been in favour of what is known as the Evangelical section of the Church. Our rule, I may say, is that the students are free to go to such place of worship as their friends request. It is a matter of arrangement between the father or guardians and myself. 1 330. But whatever the father or guardians arrange, that you insist upon i That I insist upon. ^S'- You do not leave it to the choice entirely of the young men them- selves ? No ; now and then I have had difficulties raised in cases where they do not happen to like a minister in the particular locality nearest to' them, for instance, and then I have corresponded with the father, telling him of the difficulty, and leaving the father and the young man to settle it as they may think best upon the whole. What we insist upon is that there shall he something like regular attendance at public worship, leaving the question of the place to the judgment of the father and the student together. 1332. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 143 1332. Do you look upon it as an essential part of education at any college Rev. J. Angus, d.o. where students reside, that they should be brought up generally under the - • a r v ■ i 1 ■ .. a r o ■/ 7th March 1871. influence of religious teaching? That is my own strong feeling. 1 333* And therefore you would consider it a great misfortune if the result of any movement now taking place should be that the Universities should become wholly secular and non-religious ? I should certainly say Yes to that question, provided I had guarantees that the religion was of the right kind, and earnest, and so on. I c in easily con- ceive, however, that circumstances might arise in which it would be so neutral or so questionable that I would rather be without it 1334. You mean that it may be so neutralised by controversies ? INo, rather by the coldness or inconsistency of the teachers, or by the ques- tionableness of the doctrines taught. What I do feel strongly is, that all young men should be brought up under the influence of religious feeling, and principle, and truth ; and if I can only get these I should allow a large amount of license in the shape of silence on minor points. If I cannot get these, and the religion becomes nominal, formal, and worldly, then I have a feeling that you may be doing more mischief than good to the very object which is dear to the hearts of us all, by insisting too much on the religious element. 1335. If that were the case, would you not rather trust that these imperfect or forgotten professions should be amended, than for ever shut out the possi- bility of such an amendment by establishing a purely secular and non-religious system. I should be very unwilling to resort to the latter alternative unless I found that I could not get what I deemed to be the essential thing. 1336. You would not trust, would you, to the experience of a few years to convince you that it was impossible to get the essential thing? I certainly should not. My own conviction, so far as a very wide experience and observation goes, is that the chief thing really is to have earnest, godly men, in the wide, true sense of the word, as tutors. You do not get that by subscription. Only give me that, and I do not care about agreement upon minor points at all. That is really the essential thing Subscription does not tend to that result in any way to my mind, and it has mischiefs of its own. 1337. But in removing subscription you think that that result ought to be borne in mind as one of the highest objects of desire for the Legislature ? Quite so. 1338. You have been recently engaged in a popular election. Is it not your opinion that the general feeling and desire for a religious education, applied to young men of all classes and ages, is a feeling strongly entertained by the people of this country ? Certainly. 1339. Lord Stanley of Alderley.} Will you please to enumerate the denomi- nations which you consider as holding the common Christianity ? That is an extremely difficult question to answer, partly because many men are much better than their creed, and partly because the creeds really run into one another. I feel great difficulty in deciding that question. I can only assert what I myself feel bound to believe, which of course shelves the question rather than answers it ; it does not, however, in my judgment, affect the question of tests as to non-clerical fellowships. 1340. Lord Rosebery.~\ Do you suppose that upon the removal of the tests, the class of students who attend the college in Regent's Park would be likely to go to the University of Oxford or Cambridge ? No doubt that might be the result largely. 1 341. In spite of your predilection, of course, for your own particular college, you would desire that object very much ? I certainly should. I have recommended some of our students to go there, feeling that there were risks and disadvantages in their going, but feeling also that an education at Oxford or Cambridge is of great importance for the formation of gentlemen and citizens. .(17.) s 4 !342. In m 144 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. J. Angus, d.d. 1342. In spite of the impossibility of their having any official influence over the University, you have advised them to go there ? 7th March 1871. T . J ' I have. 1 343. Then of course you apprehend the very greatest advantage from their being allowed to have some share in the government of those Universities? I certainly do. At the same time it is not the government about which I am anxious, though I think it would be just to give them that influence, but I may describe the evil that presses upon us thus : The most anxious time for a young man who is going into any profession is between the taking of his degree and the end of the proverbial seven years which must elapse before he gets a practice producing a competency. Honourable high-minded young men feel that especially, because if they go' to the Bar after going to Cambridge or Oxford, they have the fear that they must be dependent upon their friends for the first seven years of their professional life. A high-spirited man feels that after so much has been spent upon him already he does not like additional expenditure to be incurred in that way. I have known in the men who have been under my care a good deal of that honourable feeling. Young men say, I would go to Cambridge, but I do not see my way to adequate support for some years, and I cannot think of taxing my father further ; he has other children to provide for, and what not. I strongly feel that it is a great hard- ship; that in point of fact it is a cancelment of half the advantage of the present system which opens scholarships, that young men after they have passed through their undergraduate course, being men of high principle, as I believe nearly all of our men are, should be deprived of the honourable support which a fellowship gives until they can be called to the Bar and can practise. Of course, I think it is only just that there should be given to men of like standing in the University, like influence in the way of government; but it is the practical grievance that I feel the most in our particular case. 1344. Earl Stanhope.] May I ask whether you have ever yourself resided at any of the Universities ? I have resided at Edinburgh, but I have never resided at any of the English Universities. 1 345. Lord Rosebery.~\ You do not suppose, do you, that Dissenters would flock to the Universities in such large numbers as numerically to preponderate over the members of the Established Church at Oxford and Cambridge ? I am afraid it will be many years first ; nor then unless they become the majority of the nation. 1346. Then there would be no chance of the Dissenting interest being predominant at the Universities unless the members of the Established Church were inferior to the Dissenters in point of intellect ? Certainly not ; or in numbers. 1 347- Are you afraid of the study of philosophy as having a hostile influence to religion upon the mind ? I am certainly afraid of the half-study of it; such study as is all but unavoidable, for instance, in the University of London, where a youth has as much as he can do to get up one side of the question to pass his examination. I have no fear whatever of the thorough study of it, if it were carried out. 1348. Have you a fear of the study of philosophy as pursued for honours at Oxford ? I do not know enough of the system to speak of it, but I am told that it is not unlike the system of the University of London in that respect. 1349. Then you would be rather inclined to fear its influence at Oxford upon the mind of the student ? I think there is risk of it. 1350. But in spite of that risk, you would wish that Dissenters should go to Oxford ? Certainly ; I have no question that the risks may be counteracted by further study. I would seek to counteract them in that way, and not by forbidding the study of philosophy altogether. !•*/' •. * gather that you would only consider this as a partial measure, for the? satisfaction of Dissenters, as long as the clerical fellowships are maintained? From SELECT COMMITTEE ON UNIVERSITY TESTS. 145 From my answer to a previous question, it may perhaps be gathered that I am Rev. J.Angus, d,d. not quite sure whether I go with the popular cry in favour of the abolition of . M ~* clerical fellowships. It seems to me that there is a wide distinction between " 1 arc ' 7 " those which have been founded since the Act of Uniformity, for example, and those that are of earlier foundation. I have rather had a feeling that if you have a national church, it is only fair that there should be special facilities for training ministers for that church. I cunfess I should like, upon general grounds, that the fellowships should be open, and that clergymen should win their fellowships by superior scholarship. That would seem to my mind the healthier system, but I do not feel that there is any injustice in retaining the clerical fellowships if those clerical fellowships have been founded by Protest- ants, for the use of the Protestant church, since the Act of Uniformity. 1352. Lord Colchester.] I understood you to express the opinion that tests were very unwise for students ; have you no kind of test whatever for the governing body of your college ? No test whatever. 1353. By what means do you secure, that the office which you at present hold shall not fall into the hands of a person who might be either opposed to Chi'istianity altogether, or entirely opposed to the views which your college is intended to support ? There is no test impediment in the way of that result. Our Committee are practically elected by the subscribers and the ministers of our churches, and this Committee elect the President of the college according to their judgment. 1354. Do the ministers form a majority or a very large proportion of the electors ? They are a minority, decidedly. 1355. Supposing such a state of circumstances ever arose as that a number of persons became subscribers for the purpose of influencing the election of the President of the college, you would have no security, would you ? Under our present constitution we might be bought up at any time, except for the Trust Deed, which defines the general object of the Foundation. 1356. Supposing any persons acted, in the case of your college, in a manner in which people have been known to act in political elections, namely, by creating what are called faggot votes by money expended in the form of sub- scriptions, you would have no security at all, would you ? We have had a fear of that result in some other societies, and there we have met the difficulty by altering the constitution, so as to require that the electors shall be subscribers and members of the body on whose behalf the society was founded. 1357. Then by what test, or by what other means do you secure the bond fide membership of the body ; do you make them declare that they are bond fide members of the body 1 They are known in connection with our respective churches as men who have made a profession of Christianity to the satisfaction of the other members of their communities. 1358. Then it is not allowed to a subscriber to have a share in the govern- ment of the institution, unless he has at some time or other made a religious profession ? In the case of the societies which I have referred to that is so. 1350. You do not think that there is any injustice in resorting to that restric- tion for the purpose of securing a denominational establishment ? No ; not when it is supported by subscribers, as in the cases I referred to. 1 360. In the other case, of course, subscribers would not be the voters at all ? Quite so. 1 361 . In the case of bequests for a denominational purpose, would you object to some similar security, that the governing body should be elected by persons who would wish to carry ovxt the denominational object ? Certainly not. 1362. I understood you, in answer to the noble Chairman, who asked you (I j.) T whether 146 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. J. Angus,D.v. whether you thought tnat there was any hardship in teachers being restrained from attacking the Christian doctrines, to answer that there was none in the 7th March 187 1. cage of religious teachers ; do you consider that a teacher of history or philosphy should be allowed to introduce into his lectures opinions which he might have " formed himself with reference to religious principles ? I am afraid I have been somewhat misunderstood; I did not understand the question which was put to me to be whether teachers of religion should be free to attack Christianity, but whether they should be free to teach it. 1 363. You said that you saw no hardship in a religious teacher being restrained from the expression of any opinion hostile to Christianity ; I did not under- stand whether you thought that any other teacher might incidentally introduce any opinion he pleased ? I did not understand the question that was put to me as meaning that religious teachers should be restrained from attacking Christianity. If men are appointed by law to teach religion, I said that I felt there was no hardship in their being required to teach it. 1364. Do you see any objection to some declaration being required of a teacher of philosophy or history that he will not introduce into his lectures attacks upon the fundamental principles of religion ? I think he ought not to attack what we understand as common Christianity,, but I should be sorry to lay down any legal test binding him not to do so. 1365. If you had a teacher (such as one or two professors in the University of London) who was distinctly and avowedly an adherent of the Comtist system, would you wish to restrain him from teaching that system in connection with philosophy or history ? I should wish that he should not teach it, but I would not subject him to a test for all that. 1366. "What security would you suggest then ? Our own case seems to me to meet the question; we should not think of requiring a professor of German not to import philosophy into the teaching of that language. 1367. But that subject has nothing to do with philosophy whatever? Still he could teach it if he liked, indirectly ; I think the force of public opinion is the great safeguard in that matter. 1368. Do you mean public opinion without the college or within it? Both ought to be brought to bear. 1369. With reference to your advising the members of your own body to go to the Universities of Oxford and Cambridge, should you feel some reluctance in giving that advice ; if, in consequence of certain changes, some of the colleges of those Universities were in the hands of men of most questionable religious views, or of men verging upon non-Christianity ; you would feel considerable reluctance in advising persons from your college to go to a college in which such a spirit prevailed, should you not ? If I had reason to think that anti- Christianity was taught anywhere, I should certainly advise our men to keep clear of it. 1370. So far then they would lose the benefits which you otherwise would hope for from the abolition of tests ? Yes, quite so. 1371. Therefore any system which abolished tests partially, and yet maintained safeguards for religious education, would be the most desirable system for your pupils ? I am not so anxious about the safeguards ; what I want is an earnest Chris- tianity in the teacher ; that is all. 1372. With respect to your statement as to the advantage of a fellowship for starting a man in a profession, there is nothing to prevent any person whogoes from your college to the University of Oxford for instance" from obtaining a scholarship for his support in his undergraduate davs, is there ? Nothing at all that I know of. 1373. And SELECT COMMITTEE ON UNIVERSITY TESTS. 147 1373. And perhaps you are aware that that support might continue in some Rev. J. Angus,D.v. cases for two or three years after he had taken his degree ? , " — 7~ n y es> & 7th March 1871. 1 374- The practical grievance of exclusion from the means of support would be mainly removed by the fellowship unconnected with the government of any college, or with a share in the religious life of a college being opened, would it not? I presume that part of the grievance would be removed in that way. !375- The difficulty you state as to the maintenance of a man for several years after taking his degree, would be met by anything which gave him a pro- vision in money irrespective of other advantages ? It would. 1376. You stated that you saw a very great difference between the earlier and the later foundations in order of date ; I think you distinguished between those which were established previous to the Reformation and those which were established since that time ? I drew the line at the Act of Uniformity. *377- Perhaps you are aware that there are four colleges in Oxford which are most decidedly Protestant foundations, having been founded since the full establishment of the Reformation ; should you consider that they ought to stand upon any different footing as denominational institutions from the earlier ones ? I should think there is no reason for distinguishing between them and the earlier foundations so far as a common education is concerned. 1378. When the founder, since the existence of religious divisions, established either of those four colleges as a Church of England institution and as a place of religion and learning, of course it must be taken according to his views of religion. Supposing the Church of England to be what he meant, do those colleges stand upon the same footing as those earlier colleges which were founded before the existence of divisions in the country upon religious questions ? It does not strike me that the distinction is very appreciable if we are speak- ing of national education apart from the professional education of young men for the ministry. ] 379. You think that a college which was established as a denominational institution by its founder, does not stand upon a different footing from one which was founded before the existence of divisions on religious questions ? I think not, except upon the supposition that the founder's chief object was the training of ministers. 1380. Upon what ground do you draw that distinction; do you think the denominational training unimportant for any person who is not to be a minister ? I think there is a presumption that foundations of that sort since the Act of Uniformity were chiefly designed for the education of Englishmen as English- men, and not to produce a class of men whose religious opinions were of a par- ticular description. 1381. Upon what ground do you think that they were designed for the edu- cation of Englishmen as Englishmen ? That is a question largely of detail, and the answer to which must be based upon the circumstances of each particular case. 1382. It would, however, be only a presumption which would be capable of being rebutted by counter-evidence ? Certainly, it would be rebuttable by other evidence ; there is no question of that ; we have had similar cases in trust deeds, and in written understandings not so valid as deeds, in our own religious bodies. 1383. You do not think that it would be fair to inquire into the historical foundation of those later colleges before deciding whether or not they should be put upon the same footing as the earlier ones ? I doubt whether it would be desirable to do so. 1384. If a large number of colleges were open without tests, would it not render almost infinitesimal any grievance to those persons who are now ex- (17.) t 2 eluded; j4g MINUTES OF EVIDENCE TAKEN BEFORE THE Tier.J.A»gut,T>.i>. eluded; supposing, for instance, that they had, we will say, 12 out of 15 colleges, and all the benefits of the University, open to them ? 7th March 1871. Upon public grounds, I should much prefer to have the whole of them opened unless there is the strongest ground for having a part closed ; I think such a system must divide us into parties and defeat the object in view. 1385. You consider, do you not, that there are strong divisions of opinion in the country between the friends and the opponents of denominational education ? Certainly. 1386. Do you think when the opinion of the country is widely divided upon that subject, that a uniform system is desirable at the Universities ? I think it is. 1387. Do you not think it is desirable that the feelings and wishes of the different sections in the country should be represented in the constitution of the different colleges at the Universities ? I would rather try to change the feeling ; in our own case, 1 should strongly object to the foundation of a Baptist College at either University. 1388. You think it would be more desirable that students of all persuasions should be educated in common ? Quite so. 1389. And under a college government of a neutral character ? Under a government of common Christianity, I would rather say. 1390. One object of the establishment of your college was that lay and 1'iai SlUUeiJLLS S11UUIU. uc cuutaicu lugciiici, wao i. u«k Yes. ministerial students should be educated together, was it not 1391. And you would consider a measure undesirable whose effect might be to separate that education in the great denominational body of the country ? I think that would be a loss to both bodies, the lay and the clerical. 1392. Therefore, supposing the Universities came into such a state that the clergy of the Church of England were trained apart from them, that result would be one which you would feel to be unfortunate ? Quite so. 1393. Earl of Kimberley.~\ J think I understand your view to be that you do not think there should be any sort of test or special security for the teachers in the University, except those who are to teach religion ? Quite so. 1394. You think there should be some religious teaching in the Universities ? Quite so. 1395. And you think that that religious teaching should be Christian? Quite so. 1396. A question was asked you with regard to the security which might be taken against anti-Christian teaching by lecturers on philosophy ; do you think that it would be easy to invent any test by which such teaching could be excluded from such lectures, if the lecturer were inclined to introduce it ? I think not. 1397. Would you agree with me that, without in any way mentioning the word " Christianity," it would be easy for a lecturer to introduce philosophical opinions, which would really tend to sap the foundations of Christianity ? Certainly. 1 398. I suppose it would not be right for us to assume that the Unitarians do not consider themselves Christians, whatever may be our view of their doctrines ? I have the same difficulty about that that I had about a previous question. I have no doubt, if I may venture to say so reverently, that there are Unitarians who are godly men. 1399. I do not know whether you quite understand my question. I ask you, not what your opinion is as to Unitarianism, but whether the Unitarians would include themselves in the body of professing Christians ? No doubt they do. _, .. 1400. Chairman.] SELECT COMMITTEE ON UNIVERSITY TESTS. 149 1400. Chairman.] To what extent would you carry your objection to De- Rev. J. Angus, d.d . nominational Colleges; not, I presume, so far as to make them impossible by - — — Act of Parliament ? 7th March 187 1 . I should not make them impossible. I am thinking of Denominational Colleges for the ministry, which is a very different thing, of course, from Denomina- tional Colleges generally. I may be allowed perhaps to say, that underlying all my feeling on these questions, is the conviction that the. system of test is both a failure and a mischief. If you confine the tests to what we should all concur in calling the essential doctrines of Christianity, scores of men would sign them who are not living under the influence of Christian truth at all. A man will sign any article upon the evil of sin, or his dependence for salvation on Christ, or the necessity of holiness (keeping to rigid essentials;, and be no more a Christian man than a man who is avowedly an infidel. What we all want to get is an education under Christian influences in the noblest and widest sense, and between the signing of a belief in the essentials of Chris lianity and a Christian character, there is practically very little necessary connection at all. That is my first difficulty. Then, if you have tents, of course most will say it is of no use to keep to essentials ; we must also accept subordinate points, either the 39 Articles or the Liturgy, or else make a declaration that you are a bond fide member of the Church of England, or submit to some such test. Then it comes to this, that the men who sign these Articles have probably no intelligent conviction about three-fourths of them ; and generally, if they $>re serious men and earnestly disposed, they attach equal importance to all of them. This fosters bigotry and narrowness in the worst form. A man who dislikes to live under the influence of religious truth, finds it very easy to compromise by being very earnest about a mere rite like baptism, or something else of that kind. In this way men are taught to divide themselves off, and separate themselves from the rest of the community upon what we all feel to be subordinate questions. If a man is not a religious man the result is that he avows his conviction upon a number of truths for which he has not to his own mind decisive evidence ; and then the next stage is, that he doubts some of them : and then the next stage is, as Mr. F. W. Newman has so strikingly described it in his " Phases of Faith," that he doubts everything. To my mind the test favours bigotry on the one hand and unbelief on the other ; and even where it is restricted to the true essentials of Christianity it fails to secure that which alone might justify it, namely, a really religious character. My own strong conviction therefore is, that what we want is a succession of Christian and earnest teachers, and I should not myself, as a parent, scruple to send a son to an earnest conformist, provided I believed him to be a godly and Christian man. I should, of course, take all due care to keep my son free from what I might deem his minor errors. But, feeling very deeply the value of having a young man under the influence of one who will give him noble views of life, and aid him in his struggles after goodness, I should prefer a teacher of that class even if he differed from me on one-third of the minor points of our common faith. 1401. Putting aside the question of tests altogether, and concentrating your attention upon that one necessity of having a religious teacher, do you think that that can be obtained by leaving the choice of teachers to pure accident. Do you not think some kind of control is necessary? That I think is a very difficult question. I am only clear that tests will never get them. 1402. Are you clear that some other provision may not be desirable in order to get them ? I see the difficulty there ; I am not prepared to say how it can be done, but I have a strong feeling of its desirableness. The fact is, our present system reverses Coleridge's well known order. We begin with " faith" and then try to get " persuasion," whereas we ought to begin with persuasions and beliefs, and leave the acquirements of distinct propositions of faith to the end of life rather than its beginning. 1403. That may be wise with respect to the learner, but is it possible with respect to the teacher? Of course the teacher may be supposed to be pretty nearly finishing his religious educational course, and therefore he ought to have distinct faiths ; but (17.) t 3 that ]50 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. J. Angus, d.d. that can hardly apply to a teacher of secular subjects, and practically he will often not have them ; and even if he have them, they will not bring a religious 7th March 1871. jjf e 1 404. But do you think that you are likely to have your learners religiously brought up, if you leave the choice of your teachers to the mere scramble of a competitive examination ? I think that whoever elects the teachers, importance ought always to be attached to moral character, and religious character too. I should be very sorry indeed to have tutors appointed simply upon the ground of competency in the subject to be taught, those subjects being purely secular. I quite think that who- ever elects the teachers, great care must be taken to have men of really earnest and Christian character, but by tests you will never gain that result at all. There is no connection whatever, to my mind, between the two things, except in this respect, that I lose confidence on other grounds, in a man who throws over all religious belief ; only he may avow any amount of religious belief, and yet there may be nothing but an awful disharmony between his avowed beliefs and his real character after all. 1405. Your view is that the obtaining of religious teachers is a matter of th e highest necessity, but that tests, which have been employed as the mode of doing it, are a very inefficient and pernicious mode. Quite so. 1406. Is there anything else you would like to say to the Committee ? There is one more point upon which I should like to say a word. Our pur- pose in getting these young men as lay students was to give them a religious home, and to exercise over them religious influence. I advocated strongly the admitting of young men of good character, requiring no more from them than evidence of that character, and conformity with the rules of a Christian family. In the result, out of a hundred men whom we have had in our house in that capacity,' about a third of them, upwards of thirty, have become avowedly Christian men during their stay, another third being avowedly Christian men before they came. I had fears that the mixture of the two sets of men in the absence of religious decision might strain our principle, and that we might run risks in consequence ; but I must say that the influence upon the religious character of the men is as healthy as I think the system itself is sound. They have undergone voluntary religious or Scriptural examinations in the Univer- sity of London, and a very large number of them have turned out earnest Christian men in connection with the various churches to which they individually belong. The experience is such as is to my mind very remarkable indeed. 1407. With regard to the philosophical examination, is that one-sided but yet far ranging philosophical study which you speak of as being required for the London University, carried on at your college ? It is carried on at our college. 1408. Do you teach all the German authors ? We teach them in connection with sober English teachers if I may use the expression ; that is to say, our men have a good training in Butler to begin with, and other writers whose ethical treatises seem to me an anticipation of many of the German mistakes ; but in point of fact, our course is short, and the tendency of the University of London is, owing to circumstances, to my mind one-sided : I seek, however, to meet it as I best can, by supplementing it, in fact, with other reading. 1 409. The tendency of the University of London is, I suppose, rather to exclude the religious view ? I do not think that that is the motive. 1410. But that is the result ? They do not recognise the religious element at all, and to that extent they exclude it. My belief is that they have rather selected the positive philosophy, if I may call it so, because of its novelty, and because the other systems are represented in the older Universities. There is perhaps the feeling that they ought to take up what is neglected elsewhere. I believe that that has weighed far more (I must in justice say so) than any feeling in relation to religion. So far SELECT COMMITTEE ON UNIVERSITY TESTS. 151 far as 1 have seen the working of the Senate, I believe there is a conscientious R ev . j. Angics,T>.n. care not to mix up religious questions either on the one side or the other. - — - 141 1. Either negatively or positively ? Either negatively or positively. The Witness is directed to withdraw. Mr. CHARLES SAVILE ROUNDELL, is called in ; and Examined, as follows : 141 2. You are a Fellow of Merton, I believe ? Mr.C S. Roundell. I am. 1413. Are you a tutor ? I am not ; lama non-resident fellow. 1414- You have paid a great deal of attention, I believe, to this question of University tests ? I have, from the beginning. 1415- And you are strongly in favour of their being removed? I am. 1416. You have taken part in the agitation at the University of Oxford for that purpose, have you not ? I have. 1417. Your views, I suppose, go to the extent of removing not only the tests aimed at in the present Bill, but also those relating to clerical fellowships ? Certainly ; but I consider the two subjects as distinct, and they stand upon different grounds. 1418. In what point of view do you make that distinction ? Chiefly on this ground, that really the latter involves many ulterior conse- quences which are bound up with the future of the University ; I consider that the Universities are now in a transition state, and that the question of the clerical restrictions upon the fellowships involves considerations which are very much mixed up with the future relation of the colleges to the University ; I would wish also to state, from a long experience in my own college, and from what I have heard in other colleges, that I have the strongest possible opinion of the practical mischief of these clerical restrictions. 1419. As to clerical fellowships? Of the clerical restrictions upon the fellowships, not only because they are distinctly opposed to the interests of the college as a place of learning and edu- cation, but also because I think they are distinctly injurious to the interests of the Church itself. 1 420. On what ground do you make the latter statement ? I would adopt on that point the statement made in the Report of the Uni- versity Commissioners of 1 852, to which the then Bishop of Norwich, Dr. Hinds, was a party, and to which also the present Archbishop of Canterbury and Dr. Jeune, afterwards Bishop of Peterborough, were parties, with respect to the broad objection to holding out pecuniary advantages for the profession of holy orders ; the scandal to the University and to the Church, of holding out pecuniary inducements to the profession of holy orders ; and I should wish to add this, which was stated to me when I was at Oxford a short time ago by a person of great experience in the University, who told me that he bad per- sonal knowledge of cases (they did not go, I think, beyond two or three) in which persons of distinctly not moral character were willing to profess an inten- tion to take orders in order to qualify themselves for these clerical fellowships, which, of course, are not subject to the same severe competition as others. 1421. Does not the same principle apply to all money payments in the service of the Church? Certainly ; but in this case there are the other consequences affecting the ■ .(17.) T4 interest 152 MINUTES OF EVIDENCE TAKEN BEFORE THE 7th March 1871. Mr. C S.Roundell. interest of the college itself as a place of learning and education. For instance, if you are restricted in the choice of your fellows, you naturally have an iuferior set of men ; not because they are going to be clergymen, for it would be the same thing if you bad restrictions to the professions of medicine or law, but because any restriction of the kind in a competitive examination involves an intellectually inferior class of men. I speak from my experience of my own college when I say that we have found ourselves seriously hampered by having these restrictions. 1422. Do you consider that superiority in a competitive examination is the only qualification for which the parents of this country should look in the teachers to whom their sons are sent ? I am prepared to say, from my long experience of Oxford, that as a rule the able men are moral men ; I do not wish to press it too far ; but I think the moral men are more or less reverential and religious-minded men ; at any rate, I am quite prepared to say that it is most distinctly to the injury of a college to be forced to elect men of inferior mental calibre, considering what the objects of a college are. 14/J3. You mean by the expression inferior mental calibre, that they are inferior to some person who might otherwise possibly have been obtained ; that they are inferior comparatively ? I mean that they are distinctly inferior ; not only inferior in mental calibre, but (of course I am only speaking as a rule, subject to exceptions) inferior also in force of character and in ability to take a useful part as members of the governing body of the college- 1424. You are speaking as a rule ? I am speaking as a rule, but subject to but few exceptions. 142,5. You say that the class who desire to have clerical fellowships are persons inferior in character and intellectual qualifications ? I would rather say that they are inferior in intellectual qualifications, and therefore not unfrequently in character; but I particularly wish to speak with great respect of those, for instance, who have been elected at my own college on that footing. I am not wishing to make any sweeping assertion in dispa- ragement of such men. 1426. But saving these exceptions, as a rule you adhere to the statement that those who desire to enter holy orders are persons of inferior intellectual qualifications and moral character ? I fear that I have not expressed myself very distinctly ; that is distinctly not what I intended to convey to the Committee. If your Lordship would allow me to explain, I especially took care to say that my objection was not levelled against candidates for holy orders, but against any restriction whatever, whether it were as to intending clergymen, or doctors or lawyers. 1427. But did you not say that the candidates for clerical fellowships were persons who were to be described as of inferior character and qualifications ? 1 did ; but if your Lordship would allow me, I would rather put first the inferiority of intellectual qualifications ; and I say that, as a rule, the inferiority in the other respect is a frequent consequence. 1428. But upon what ground do you think that persons who desire to hold clerical fellowships are persons of inferior qualifications ? Because the inducement to hold an open fellowship in the University is so very much greater. Many a man who intends to take orders, whether from conscientious motives or otherwise, will decline to pledge himself some years beforehand to do so. That is a frequent case. 1429. On what grounds do you desire tests to be abolished? I should say, generally, because I consider them part of an obsolete machinery whichis wholly unsuited to the present times ; and, besides that, the obvious objection of the snare that they hold out to tender consciences, and the injustice which they cause in the exclusion of Dissenters, and the consequent injury to learning and education in the University. 1430. Do you consider that the obtaining of religious teachers is any part of the object of a college foundation at Oxford ? I am quite prepared to say that I contemplated that, and that I do not myself apprehend any difficulty in that respect. 1431. Bu SELECT COMMITTEE ON UNIVERSITY TESTS. 153 1431. But then your view is, that those who are competitively the best in Mr. C. S Roundell Greek or Latin, or philosophy, are also the best fitted to be religious teachers ? Certainly, in so far as they are men of general ability, and, as a rule, men of 7th March 1871. character. 143^. And you think that all persons who are men of ability as shown in examination, will be, as a general rule, the most earnest in religion, and most pure in doctrine ? I should prefer to say this, that when it comes to the appointment of a divinity professor or tutor, other considerations besides merely intellectual con- siderations come in. It is one thing to elect fellows of a college, and it is quite another thing to select out of those fellows, or out of others, persons to occupy the position of teachers, especially teachers of religion. 1433. But under the system as you contemplate, it, the persons who will select the teachers in divinity, will be fellows who have been elected themselves without the slightest reference to their doctrinal belief? That would be so ; but then I must say, broadly, that what I trust to there is the operation of the public opinion of the place in the University and in the colleges ; if you cannot trust that I do not see that you can trust anything. 1434. You mean the public opinion as controlling the fellows in their elections of these divinity teachers ? I mean the public opinion that prevails in the University and the colleges, as it does in society generally. 1435. Is there not at the present moment, or has there not been recently at Oxford, a considerable section of public opinion by no means favourable to the teaching of Christianity, as it is commonly understood ? That, of course, would depend upon the view in which the question is put ; if it is put to me as a question whether the course of teaching is calculated to make against a particular party in the Church, then I say, yes ; but if I am asked whether its result is to bring about unbelief, I say. no. 1436. You think that there has been no tendency towards unbelief in any part of the Oxford teaching of recent years ? If you will pardon my saying so, that is putting it very broadly the ques- tion as to " no tendency towards unbelief " I hardly know how to answer, but I would say, generally, that I consider that the general tendency of the teaching at Oxford has not had the effect of producing unbelief. 1437. But I was asking with reference to the security on which you rely, namely, the operation of public opinion, whether you do not think there is or has been a public opinion in Oxford, not that of the majority, but of an influ- ential minority, which would justify fellows in electing for religious teachers, persons recommended to them rather by negative freedom from certain beliefs which are much opposed, than by any religious or doctrinal qualification ? Indeed, I think not. Negative qualifications would scarcely be a recom- mendation for a religious teacher. 1438. You do not think that party spirit has ever run to that height ? No; I fhirjk I may say, positively, not. 1439. You confined the necessity of entertaining these other considerations to the actual divinity teachers ? Do you not think the tutors have considerable influence in their general teaching, and especially in their teaching of philosophy, upon the religious views and feelings of those committed to their care ? They certainly have an influence, but not an influence which is essential for the purposes of this question; I think, that is to say, that the real influences upon religious opinion at the University comes rather from outside the college and the University, than from the college itself ; in other words, that those influences are personal and individual, and, therefore, that it depends entirely upon the person who is capable of exercising them ; and if I might give instances of what I am saying, to show you that I am not one-sided, I would mention three names as those of persons who have exercised, or are exercising probably, the greatest religious influence in Oxford, Dr. Newman, Mr. Jowett, and Mr. Liddon ; it is entirely a question of the personal character of the individual man? (17-) U 1440. And 154 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C.S.Roundell. 1440. And is that an influence which is exercised by personal contact, or by any action through the University chairs or pulpits : 7th March 18 71. p art i Vj no doubt, through the University pulpit, but I should say more through personal influence and contact, and also from the general respect which is entertained for a tnau of that high character in the Universities. 1441. Some apprehension has been expressed by some witnesses that owing to the scanty number of those by whom the smaller colleges are governed, it might be possible that a distinctly anti-religious teaching, or at all events a teaching distinctly opposed to the teaching of the Church of England, might be established in one of the colleges as a sort, of propagating centre ; do you think there is any possibility of that ? I really think that that is simply a ehimsera ; I had anticipated that question, and I will endeavour to answer it specifically, to show what it really practically means ; and if I may be allowed to make an observation, which applies to a great many of the objections brought against this change, they look very formidable as bugbears in the distance, but if they are reduced to their practical circumstances they assume much smaller dimensions. In this case fellows are now elected to a college after a strict competitive examination, which is open to all Bachelors of Arts. In the University that election by merit, instituted by the ordinances which followed the Act of 1854, has been almost uniformly acted up to in the most loyal way in Oxford ; therefore, you have to suppose that a number of men of a particular religious persuasion, we will say clever Jews, stand for a fellowship at a particular small college, and that these men contrive to stand first in the examinations year after year, and to obtain a majority ; that is making a very great assumption ; what is much more likely to be the case is this, that men not of one religious denomination, but men of several denominations, would become fellows of a college ; but in that case the unity of opinion which your Lordship's question assumes falls to the ground. 144-'. Might there not be a unity of antipathy ? I should not apprehend it. Then, of course, if there is that difference of denominations in the college, it stands to reason that, as we see in the country at large, the Church of England will hold its own where others are divided. But I will go further ; I will assume that you have got a majority of Jews in a college. What can they do ? they can do nothing. The maintenance of the chapel services is secured by Act of Parliament. 1443. But that Act of Parliament it is now proposed to repeal? But your Lordship will permit me to say that that part of the Act of Uni- formity is not included in the Schedule to this Bill. 1444. Will you give me your view as to the bearing of the Schedule of this Bill ? I think what I have before me is Ruffhead's edition, because the Act of Uniformity is described as the 13th and 14th of Charles 2, and in the edition referred to in the Schedule it is the 14th. There is no title page ; I think it is as I have stated, that the sections of the Act of Uniformity which refer to public worship, are not included in the sections intended to be repealed by the Bill. '445- Will you refer to section 17 of the book you have in your hand ? The marginal note is " No other form of common prayer is to be openly used in any church or public place." 1446. Do you know whether there is now any law enforcing the main- tenance of the service of the Church of England in the chapels of the colleges of the Universities ? That depends, at present, on the Act of Uniformity, and the ordinances of the colleges. 1447. What clause of the Act of Uniformity ? The 1 7th, I think, which does appear to be included in the Schedule to the Tests Bill. 1448. Will you be good enough to read the 17th section ? " And be it further enacted by the authority aforesaid, that no form or order of common prayers, administration of sacraments, rites, or ceremonies shall be openly SELECT COMMITTEE ON UNIVERSITY TESTS. 155 Mr.C.S.Boundell. openly used in any church, chapel, or puhlic place of or in any college or hall m either of the Universities, the Colleges of Westminster, Winchester, or Eton, or any of them, other than what is prescribed and appointed to be used 7*h March 1871. in and by the said book." That is the book of common prayer. 1449- That does not provide that the Church of England service should be used in the chapels, but that if any be used it must be that ? It says, " That no form or order of common prayer shall be used other than what is prescribed and appointed by the said book." 1450. That would prevent any other form being used, but it does not enforce any form being used ? May I add one observation upon this question ; 1 think the maintenance of the services of the Church of England in the college chapels stands at present not only upon the Act of Uniformity (I speak of that Act, of course, not with reference to this Bill), but also upon the college ordinances, and the fourth section of the Test Bill, which was introduced, I think, by Sir Roundell Palmer, that " Nothing in this Act shall interfere with or affect, any further or other- wise than is hereby expressly enacted, the system of religious instruction, worship, and discipline which now is or which may hereafter be lawfully established in the said Universities respectively, or in the colleges thereof, or any of them, or the statutes and ordinances of the said Universities and colleges respectively relating to such instruction, worship, and discipline." 1451. But that would be no security for the continuance of the college chapel ; it prevents this Act from stopping it, but it would be no security to prevent our hypothetical society of Jews from stopping it ? I think that that may be so. 1452. Are you aware of any other enactment which, in case there was this society of Jews, or what is more probable, in case there was a body of fellows hostile to distinctive religion altogether, would prevent the abolition of the college chapel service ? The ordinances of the college would have to be repealed. 14,53. That could be done without the authority of Parliament, 1 believe ? It could be done without the authority of Parliament, with the consent of the Privy Council, if not with the consent of the Visitor, which is a moot point. 1454. Should you consider it obnoxious to your views of religious liberty that a more distinct security for the continuance of the chapel service should be given f I have no objection whatever to the maintenance of the chapel services on the broad ground that if this change is being made, the vested interests, so to speak, of the Church should be tenderly dealt with. The Church is in posses- sion, and I see no objection myself, and I do not think that the majority of the friends of the Bill would see any objection, to a provision for the maintenance of the chapel services, on the broad ground that so long as the Church of England remains the Established Church, we may practically expect that these college services will be retained as they are. 1455. Two years ago there was a Bill which made the abolition of tests optional ; do you prefer the Bill in its present form to that ? Decidedly ; I should strongly object to a permissive Bill. 1456. On what ground ? On the general ground that it would introduce an unseemly controversial element into the colleges, and into the election for fellowships ; the election for a fellowship would no longer be determined by strict considerations of intel- lectual merit, but by the disturbing influence of the candidate belonging to this or that party in the Church, and so on. 1457. And that view would apply to any proposal to remit any controversial part of* the statutes to the judgment of the fellows of the college ? It would, so far as regards principles which ought to be settled once for all by the Legislature. 1458. You would prefer that anything to be done in that respect should be done by Parliament ? I should prefer it, but I think that is absolutely necessary, in the interests of (17.) u 2 the 156 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. S. Rounddl. the University and the colleges, and I believe that to be the feeling of several -th March iS-i of those at 0xford vvho are not > OT who were not originally and naturally friends ' * '. ' ' to this Bill. 1459. I suppose that would apply also to the question as to whether the head should or should not be a member of the Church of England ; you would prefer that that question should be decided by Parliament, and that it should not be decided by the fellows ? Certainly ; I think that follows from the application of the principle with respect to the fellows. 1460. You would prefer equally with respect to clerical fellowship that that point should be decided by Parliament ? Certainly. 1467. Because you would think that the agitation produced, and the par- tisanship aroused by any of these questions being remitted to the fellows, would interfere with the natural action of the place as a place of education ? Entirely so : I feel very strongly that the political and theological agitation which many causes have contributed to stir up within the last 20 years, has been most prejudicial to the proper work of the place ; it is a disturbing element which keeps men's minds from their proper work of teaching, and it is much to be desired in all interests that one cares most for that there should be an end to that. 1462. Would your objection to tests extend to any control in the way of prohibition exercised upon the kind of theological or religious teaching given inside the colleges or in the University ? What I contemplate is the maintenance of the University Professors of Divinity, and the establishment in the colleges of lectures on Divinity; I do not see the need of going beyond that. 1463. Supposing that done, would you have any objections to provisions which should make it impossible for these lecturers and these professors to teach doctrines hostile to Christianity ? I certainly should, because of the door which would be opened to controversy. We, in fact, are dealing with something which is not capable of definition. One man means one thing, and another means another thing, by an attack upon the doctrines of Christianity. 1464. Therefore you would object to any control over the teaching given by those persons ? I am quite content, and I believe that to be the feeling of the great body of the resident authorities at Oxford, professors and tutors, to rest upon the security given by public opinion, and to deprecate any attempted security to be given by Act of Parliament. 146.5. But would not that reliance upon public opinion produce precisely that agitation which you deprecate in relation to the fellowships? I should say not from my experience of Oxford. It is not found in practice that the fact of the members of a college holding widely different opinions in matters of theology, interferes as a rule with the harmony of the college ; and, of course, I need not observe that the differences within the Church of England at the present moment, looking to the progress of thought which is going on within it, and the country at large, are quite as great or greater than any to be apprehended as between the Church of England on the one side, and members of other denominations on the other. 1466. Do you not think that the removal of all these securities would result in the establishment of a much sharper voluntary religious organisation within the University ? What 1 expect would happen would be that the Church of England would practically be left in possession of its present advantages, which are very great and considerable, and that the dissenting bodies, being as I believe earnestly- interested in religion, would make provision for the religious teaching of persons of their own persuasion. Then so far from the effect of having the teachers of religion of different schools of opinion in the University being the cause of disharmony, I believe on the other hand (I am only expressing my own opinion) SELECT COMMITTEE ON UNIVERSITY TESTS. 157 opinion) that it would tend to bring about a greater tone, of moderation in the Mr. C, 8. Roundell. discussion of theological questions generally, and a feeling of greater mutual respect between the ministers and teachers of the several denominations. 7 th March 187 1. 1467. Do you think that the maintenance of any of these college lectureships would be possible, supposing the resident and practically governing body of fellows should happen to consist of four or five men drawn from the most opposite poles of the religious universe ? I distinctly think so from my experience ; I have no fear on that score what- ever, judging from my experience. 1468. Your experience must necessarily have been limited to the existence of tests ? Yes ; but the present system has brought about a divergence of opinion within the Church, which I am inclined to think is as great or greater than anything to be found outside. 1469. That may be, but I suppose the divergence between one party in the Church, and the opposite extreme outside it, is greater than any divergence which can exist between parties within the Church ? Certainly ; but still I maintain that the differences within the Church are so great that that is the practical answer to the question put to me. 1470. One of the witnesses put to us a case in which a governing body of five (I am speaking from memory) might consist of a Comtist, a Roman Catholic, a Baptist, and two members of the Church of England ; do you think that it is possible that religious teaching could be continued in that college ? I have already endeavoured to express my opinion that that is a mere chimera ; I do not think that that state of things is practically possible ; I may say, however, that if it does come to that, I, of course, will not flinch from the consequence of saying that the present state of things cannot be continued; but to my mind that is absolutely chimerical. 147 1 . On the ground of the great predominance of the Church of England ? On the ground of the general hold wliich religious influences have upon men of high ability and character at the Universities. 1472. But there are men of high ability who are Comtists ? But they are a very small minority. 1473. There are certainly men of high ability who are Baptists and Roman Catholics ? They have to prove their fitness by open competition to enter a college ; and I am prepared to say, taking the first instance that your Lordship put, let the Comtists come in the open face of day ; if they can make their ground good, well and good ; if they cannot, as I think they cannot, they will soon pass away. 1474. But surely it is in the range of possibilities, without any violation of the law of chances," that in a governing body of five, three should be such as I llflVG QGSCr i DPQ It is within the range of possibility, but it does not seem to me to be of practical importance with regard to this change. As I say, if things should come to that pass, I do not flinch from saying that they must, but 1 maintain that they will not. 1475. It merely depends upon the accident of where the intellectual supe- riority will fall for the moment? ..... I would rather trust, as I have said before, to the operation of public opinion, and to the ascendency which, in the long run, truth and the teachers of truth will obtain. 1476. Duke of Somerset.'] Have you with you the petition from Oxford in favour of the Bill ? I have a copy of the petition with me, and an analysis which was made of the signatures to it, which furnishes a very remarkable instance of the opinion entertained by those practically engaged in the work of education in the University and colleges as to the operation of the abolition of tests. (17.) U3 1477- Would 158 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr CS Roundell. M77- "'ould you state to us how far those who are engaged in the practical '— ' education of the University are in favour of it, and how far they are against it? 7th March 1871. I beg to quote a short analysis, which was made for me in 1868, of the sig- ' natures to the residents' petition. The petition was limited to " heads of colleges, professors, lecturers, tutors, and resident fellows of colleges, engaged in the education of the University of Oxford, or the colleges and halls." The petition, which was presented to both Houses of Parliament, was signed by 80 persons, including three heads of houses and ten professors. Looking to the educational state of the colleges, out of 105 college tutors and lecturers no less than 60 — being a decided majority— signed the petition ; and of the remaining 45. who did not sign, several were known to be favourable to the general principle of the Bill, it was found that it was not only by the more junior amongst the tutors and lecturers that the petition was so strongly supported, for amongst the signatures will be found those of ten senior tutors of their colleges, the whole number of educational colleges in the University being only 18. In four colleges, namely, Morton, Corpus, Trinity, and New, the petition is signed by the whole educational staff. In four others, Balliol, Oriel, Lincoln, and Worcester, it is signed by a majority of at least two-thirds. There are only six colleges in which there is a majority who have not signed the petition, and it is not to be inferred that all those who withheld their signatures were averse to the passing of the measure. 1478. You referred to the Commission of 1S52, 1 think, in your evidence just now ? Yes. 1479. The Report of that Commission was signed, I believe, by the present Archbishop of Canterbury, by the Bishop of Norwich, by Francis Jeune, who was afterwards a Bishop, and by l\Jr. Henry G. Liddell, who was afterwards Dean of Christ Church r It was so, the Bishop of Norwich at that time being Dr. Hinds. 1480. 1 find that from their statement it appears that after all the precaution of the imposition of these tests for the sake of teaching theology, the theological education of the University is said by them not to thrive ; to be, in fact, very inefficient and imperfect ? It was so. 1481. Therefore, as regards the very object that has been in view, at least one great object, namely, theological teaching, the University seems to have failed in that object ? It has. 148-2, I find that they state that "the theological studies languish"; that " few of the clergy apply themselves to the study of Hebrew ; that ecclesiastical history, except in some detached portions, is unknown to the great majority ; that the history of doctrines has scarcely been treated in this country ' J ; and that " it may be even stated that the Epistles of St. Paul have not been studied critically by the great bulk of those in Orders " ; do you remember that passage in the Report ? I do not remember that passage. 1483. Chairman.] Is it true now? Speaking with diffidence as a non-resident, I should hope that things are somewhat improved now, though they are not yet what they ought to be by any means. 1484. Duke of Somerset.] You hope that since that Report was written, the theological studies have somewhat improved? That is my impression. 1485. But it would seem to show that, even for the purpose of the teaching of theology, these tests have not effected the great object that was desired when they \\ ere imposed ? Certainly they have not. i486. I did not quite clearly understand whether you would object to any test for the professors of divinity in the University ? If I were to express my own opinion broadly, I should say decidedly that I should not wish to see the study of theology cramped and injured, as I think 1L SELECT COMMITTEE ON UNIVERSITY TESTS. 159 it would be by a system of tests. Upon the question whether I think that as Mr - C.S.ltom uUL things now are some securities should be retained, I am not prepared to speak . M . „ so strongly ; but at the present moment the professorships of theology are 7 7 ' fenced about by securities which in fact practically confine them, not only to members, but to clergymen of the Church of England, by the fact that either canonries of Christ Church are attached to them, or in some cases the candidate must have taken a divinity degree, which implies priest's orders, or he must be elected by persons who are either in priests' orders or in deacons' orders at least. 1487. Then I understand that you would not object to the divinity professors being required to be persons who have taken some orders in the Church ? I should not, subject to what 1 first said as to my general opinion ; speaking practically, I should think it a fair provision to make under the present circum- stances. 1488. Now, as regards the theological teaching in the colleges, would you allow the same rule there, that the teachers should be members of the Church of England ? Yes ; 1 should certainly contemplate the colleges providing, as they have the means to do under their ordinances, not only for the maintenance of the cha- pel services, but also for lecturers in divinity ; I distinctly contemplate those two things. I do not necessarily mean lecturers in each college. I have regard to the practice, now prevalent in Oxford, of groups of colleges arranging their lectures in combination 1489. It has been stated to this Committee, that the teaching of the Univer- sity, which, as is shown in this Report, seems to have failed in theology, has taken another course, and has succeeded in teaching the young men infidelity ; I wish to ask you what your opinion is about the state of religious opinion amongst the young men at Oxford at present ? It is exceedingly difficult, of course, to answer that question, because hardly anyone, and least of all myself, has the opportunity of doing more than express his own impression ; and all that I can state would be my own impression, sup- ported by the confirmation which it has received from conversation with others at the University ; and speaking generally, while, of course, I admit that the tendency of the present time in the University, as in the country at large, is towards liberty of thought in matters of religion as well as in everything else, I distinctly am of opinion that it does not, as is supposed, bring about a state of unbelief ; in other words, my opinion upon the whole is, as far as I can judge, that although there is considerable doubt and perplexity, which, of course, one must admit at the present day, the great majority of the better men of the place are reverential aud well-disposed towards religion, and would not think of doing anything against religion ; therefore, on the whole, my own impression is very clear that that which may have been put forward as the present state of Oxford is unfounded, and probably I might say that it arises from a generalization made from one or two conspicuous instances ; as regards the whole of the Liberal party in the place, I most distinctly, as far as I can judge, deny it. 1490. I think you have stated that your belief is that the Nonconformist influence, if there were many Nonconformists in the University, would not be unfavourable to religion ? I think that it would most distinctly be an influence of the opposite character. I think that an influx of Dissenters into the Universities would be the best safeguard you could have for the maintenance of religious influences, partly because we know that the Dissenters care very much for the religious training of their people, and partly also, because, coming as they would from a class socially below that which principally resorts to the University at present, coming from more frugal homes where there is a higher standard of morality, I should anticipate the best results to the morality of the University generally, and con- sequently to the religious spirit of the place, from a considerable influx of Dissenters. If I might be allowed, I. would refer to the recent change which has been made in the admission of unattached students, who are for the most part poor men, such as I have described. Great apprehensions were entertained at the time when that change was proposed as to the effect upon the morality of the place ; these apprehensions, as 1 have reason to know from recent inquiry, have been entirely discredited. I consider that the element of unattached (17.) u 4 students ]60 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. S.ltoundell students is an unmixed good to the University, not only as bringing persons of different classes socially into contact, but because also those who are so 7th March 1871. a( j m j tte{ ] are m0 re industrious and come from more frugal homes. I ^ ■■ ■■■■ t I -J 149'. If the University of Oxford is to be at the head of the education of this country, is it not in your opinion essential that these tests should be removed ? Absolutely essential; I consider that they are now a great stumbling block; first of all they are creating a feeling of intense bitterness towards the Church. The Church is made, through the operation of this controversy, to appear to be a spoke in the wheel of the work of the place ; that is to say, of the progress of learning and education ; and I need not say that that bitterness towards the Church passes insensibly into a feeling of bitterness towards religion. M9 2 > I think you refered, also, to the clerical fellowships as being objection- able ; and 1 observe that this report, to which I have before referred, equally states that it is more desirable to remove the obligation upon the fellows of taking orders? It does. 1493. They state "at the time when most of the college statutes were framed, the orders in question were the orders of the Soman Catholic Church," and that the clerical fellows were required in great measure for purposes which are now illegal, such as saying masses for the dead? Yes. 1494. Chairman.] It is not true that the statutes under which they are now bound were made in the times of the Roman Catholic Church, is it ? They are now subject to the recent ordinances of the colleges. 1405. Duke of Somerset.] You have referred to a number of signatures of eminent men who are in favour of removing tests ; do you think that any con- cession of the principle of the Bill would be satisfactory or would have any chance of remaining undisturbed ? I think I must speak quite positively there. Grievously as we feel the evil of the present system, we would rather wait indefinitely than make any concession of the principle of the abolition of tests ; in saying this I am giving, not only the opinion of the University supporters of the Bill, but also, I believe, the feeling of the Nonconformists outside the University. 1496. Is there anything more that you wish to add to the evidence you have given upon that subject ? No. 1497. Was that petition which you read in favour of this Bill, or in favour of a previous Bill r It was expressed in general terms ; perhaps I had better read the prayer of the petition to show what was intended. The paragraph immediately before the prayer is this : " That in the opinion of your petitioners these tests might be removed without injury to the Church, and without prejudice to the religious character of academical education. Your petitioners therefore pray your Kiglit Honourable House to take such measures that without any interference with the religious worship of the University or its colleges, with religious instruction, or with the religious intercourse between tutor and pupil, the tests, except in the cases of persons taking degrees in theology, may cease to be imposed, and the full benefits, honours, and emoluments of the University may be rendered accessible to the whole nation. 149 s - Lord Lyveden.] What is the date of that petition ? One thousand eight hundred and sixty-eight. 1499. Duke of Somerset.] Does that petition go as far as the heads of colleges ? This is general as to headships of colleges ; there is no special mention of them. 1500. Earl Stanhope.] I think you said that three heads had signed it ? Three heads of houses signed the petition. 1501. Lord SELECT COMMITTEE ON UNIVERSITY TESTS. 161 150 1. Lord Colchester.] As regards the question of which we have heard so Mr. C. 8. RoundeR. much, with respect to the snare to the conscience occasioned by the tests, I 7 th March 18-1 suppose you referred chiefly on that point to the case of persons who having ' " come up as Members of the Church of England have acquired some hesitation as to signature in the course of their University studies ? I referred generally to the point of requiring a solemn subscription to an immense number of theological points, many of which are more or less con- troverted. 1502. What I meant was, that as persons who are avowedly not Members of the Church of England are at present practically, as well as theoretically, excluded, the persons to whose conscience the subscription would be a snare, would be the sons of churchmen or men educated as churchmen, but who had acquired some scruples in the course of the thought and study which they had been exposed to in the University ? I would say so with some slight exception ; I did not speak of acquiring scruples, but I look upon a scrupulous conscience as being incident to every man of thoughtful mind. 1503. That objection you would apply rather to the subscription to the Thirty-nine Articles which contain a vast mass of theological propositions, than to any shorter and more definite expression of opinion, such as a general declara- tion of membership of the Church of England ? That objection would apply more as your Lordship says ; of course other objections would apply to the other test. 1504. That objection applies most strongly, I suppose, to tests taken just after the examination for the final schools, on obtaining a Fellowship or taking a Masters degree? It applies primarily to that, but 1 would not wish to limit its operation. 1,505. Do you think that if tests applied only to certain colleges or certain endowments, they could be so far taken honestly, that those who had no objec- tion to them would seek out those colleges in which tests were still in force, whilst there would be plenty of scope in the open colleges for those who objected to tests ? The effect of that would be, I feel sure, to "flood those colleges with the most inferior men. 1506. You mean to flood the close colleges ? Yes, the colleges in which the tests were retained. 1507. You think that some injury would be occasioned in that way to a few colleges ; but at all events the. injury would not be to those individuals who objected to tests, nor would it be to the general character of the Universities. I shuuld think it would be most prejudicial to the interests of the University to have any sharp line of that kind drawn. 1508. Therefore you consider that in this matter of tests it is essential to have a most rigid uniformity ? I base myself upon the national character of the Universities and the colleges, and I can admit no exception. 1509. Do you think that in a nation in which divided opinions prevail as to the value of denominational or undenominational education, any system can be really national in which allowance is not made for those two divided opinions ? I am expressing my own opinion ; I am distinctly of opinion that that would not be so at the Universities. 1510. Therefore, you think that a system would be most purely national which represented the ascendancy of one form of opinion upon this subject ? I think- the most serious injury is done by looking at this University question, in the first instance, from the side of the Church of England ; what 1 look at first is the University as a place of learning and education ; and the Church of England only comes in secondarily ; it is a most important element, and I myself would be most regardful of its interests, but it only comes in secondarily. (17.) X 1511. I think 162 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C.S. Roundel! . ' 7th March 1871. 1,51 k I think in the statutes the usual phrase is that the colleges are places of "' religion and learning ?" " Of learning and education ;" but it is added, I think, " of religion " too. * 1512. I think the order in which I have mentioned them is the order in some of the statutes ? The Act of 1854, says " Whereas it is expedient for the advancement of religion ;ind learning." The college ordinances (to take the case of the election of a fellow) speak of the college as a place of " religion, learning and educa- tion." 1513. In the view of those who framed the statutes, at any rate the religious side occurred to them at least simultaneously with that of the learning? 1 do not hesitate to say (of course I am only expressing my own opinion) that after the discussions which have taken place since upon educational questions, such as elementary education and otherwise, the same language would not be held now, and that implies no disrespect whatever to religion. 1514. I was reminded of that clause by what you said about the unseemly controversial element which would be introduced by making the tests optional. If fellowships were open to persons of all opinions, do you not think that the fellows of a college might possibly be justified under those words in voting according to their theological opinions in a way that they are not tempted to do now ? I should rely there, as I have already said, upon the loyal adherence of the colleges, as a rule, at Oxford, to the principle of election by merit. 1515. You think that that adherence would be the same in spite of the words in the ordinances to which you have referred, if candidates of far greater divergence of religious opinion appeared than have appeared hitherto ? ] should be rather inclined to say that upon the whole the tendency of the electors would be not only rather, but distinctly, adverse to a candidate who was known to hold extreme opinions. 1516. Do you not fear that that tendency prevailing amongst some, if not all the fellows, might lead to precisely that controversy between those who did and those who did not entertain those views, which you deprecated in relation to the optional abolition of tests ? In my own opinion I rely upon the continuance of the state of feeling which may be observed to exist at present in the colleges. 1517. You have no fear of a controversial element in the election of the heads of colleges or in the election of professors, if candidates of even more widely divergent theological opinions than at present, were to appear, and if there were any prospect of dispute between the rival sects at the Universities ? I would not wish to say that I think there is no fear of that, but, as I have already said, I, for my own part, feel clear that the mischief would not arise. 1518. I think you stated that you considered the University to be in a transition state at present? Yes. 1519. Do you agree with the opinion which has been expressed before this Committee, that supposing this change is desirable, it would be best carried out with reference to the whole state of the University by another University Com- mission ? I do not think that. I think that this question stands by itself, and that it is of the most urgent importance to the University to have this question settled. 1520. Do you not think that any change might be required at the same time, either with respect to the election of the heads by the governing bodies of the colleges, or with respect to the patronage of the colleges, or with respect to the episcopal visitation ? No. 1521. You think that the colleges might retain their patronage of livings, and that the episcopal visitation need not be altered, and that the power on the part SELECT COMMITTEE ON UNIVERSITY TESTS. 163 part of the colleges of electing the visitor which some colleges now possess, Mr, C. S. Roumfett-. might still be retained if this Bill passed ? — - As to the election of the visitor, only one college, namely, Balliol, has the 7 t h March ifo i. power of choosing its own: visitor. I think that is not injurious. As regards the college benefices, they would easily be provided for specially ;. they are not a necessary part of the college establishment. 1522. Do yon not think that the whole constitution of the University has hitherto had a strong ecclesiastical tendency, and that it would require to be recast in order to make the Bill work ? So far as the question may point to the question of clerical fellowships, I certainly do think that we want a considerable change. 15-23. You do not consider this Bill to be a final measure then? 1 consider that it will be final as regards tests, but I consider that the Uni- versity is in a state of transition, and that it will be necessary for many reasons to make considerable changes in it. I may instance one which intelligent persons of all parties at Oxford now give in their adhesion to, and that is the desirability of putting an end to the sinecure fellowships, or rather of limiting the sinecure fellowships, and of introducing as a rule the terminable principle. 1524. And you do not think that that is a question which ought to be con- sidered with reference to this question, and with reference to the possible safe- guards which some have suggested? I do not, certainly ; it is a most difficult question, but it is not ripe for set- tlement yet. 15:25. You spoke of the agitations which have prevailed for 20 years on subjects connected with the position of the Church of England in the Univer- sity ; do you think that this Bill will close more controversies than it may pos- sibly open ? I really think so, upon the general ground that it would be such - a great thing to make the University cease to be the focus of theological controversy. ? 526. Do you consider the general principle of the connection of the Church with the University a bad one? I do ; perhaps your Lordship will allow me to explain what 1 mean ; my view is clearly this, let us make the very best that we can of the University as a place of learning and education, and let us be sure that if we make the University thoroughly efficient, if we introduce a spirit of work, then we shall have taken the best means of promoting the interests of religion ; I do not mean the interests of the Church of England, I say the interests of religion ; however, I think also that the interest of the Church of England would be best promoted by that course. 1527. You mean that as the Church of England would always have a large practical connection with the University : anything which benefits the Uni- versity must benefit the Church of England, indirectly ? I mean that so far as the Church of England has greater breadth and com- prehensiveness and toleration for liberty of thought than the Dissenting deno ■ minations, so far it would be likely to commend itself to the educated minds of the country. 1528. Have you no fear that anything which tended to divide the Universities from the Church of England would tend to deprive it of that breadth ? No. 15-29. Do you think that the infusion into the universities and the colleges of persons of narrow theological views connected with the Dissenting bodies might lead to some attacks upon the studies of the place ? I think unquestionably the result will be as your Lordship says ; we must expect that narrow views will be brought up ; but then I maintain that there is the greatest national good in bringing up to the Universities, and within the influence of the highest education of the country, men whose limited education is at present, a very serious evil. 1530. You have no fear, from your own point of view, of education being narrowed by a combination between Dissenters of very narrow views, and a (17.) x 2 certain Mr. C. & Roundell. 154 MINUTES OF EVIDENCE TAKEN BEFORE THE certain number of Churchmen of very narrow views, who are to be found at present at Oxford ? 7th March 1871. Of course there is a risk of that, but I am content, as I have said all along, to trust to the operation of natural causes, and of right principles. 1531. I think you stated that you expected great benefit to the spirit of work from the coming up of men, by means of this Bill, who had been brought up under influences favourable to morality and industry in arduous circumstances at home ? Yes. 1532. And you thought that the admission of Dissenters would bring up a large number of such men r I do ; I think, in particular from what I have heard with respect to the north of England, especially Lancashire and Yorkshire, that it would distinctly have the effect of bringing up a great number of the sons of Dissenting ministers and teachers. 1533. You do not approach the question from the same point of view as one. of the north country Members, who dwelt upon the importance of this Bill in the House of Commons, on the ground of the number of men whose fathers possessed great wealth, who were at present excluded by the tests ; you may, perhaps, recollect that he drew a picture of that kind in the House of Commons ? I think also that it would be of the greatest possible national advantage to bring up the sons of the plutocracy ; but the benefit would be wholly on their side ; they would receive everything from the University, and contribute nothing. 1534. But they are not the persons from whom you expect this encourage- ment to industry ? Certainly not. 1535. Lord llosel>ery.~] With regard to the very portentous hypothetical case which the noble Chairman put, when he said that there might very likely be a Comtist, a Roman Catholic, a Baptist, and two members of the Church of England in a governing body of five, would the present test be likely to keep out the Comtist ? It would not. 1536. Do you think the Comtist would be likely to regard the present religious instruction as now given as a matter of very little importance from his own point of view ? I think so ; I think he would acquiesce in it as something with which he had not much to do. 1537- Would it be possible for a Roman Catholic in any conceivable state of public university opinion, to introduce Roman Catholic teaching at Oxford ? Only so far as he was a man of great natural force of character and ability, like Dr. Newman ; I should certainly welcome at Oxford the presence and teaching of remarkable men like Dr. Newman. 1538. As regards the Baptists, do you think, as far as we know the opinion of Dissenters, the Baptists would be likely to care to interfere with the present Divine instruction given at Oxford, with the exception, perhaps, of the lecture on the Thirty-nine Articles ? I think not ; first of all you have to assume that the Baptist would be in a majority, and secondly that they would be uninfluenced by the historical asso- ciations and spirit of the place, and that they would take up an aggressive attitude, which I do not in the least believe would be the case. 1539- Do you think, in the event of their all being opposed to the religious instruction now given, there would be any possibility of an amalgamation between those three elements which have been referred to 1 Certainly not ; that would be the strength of the position of the Church, besides its own intrinsic merit. I540. You think that a Roman Catholic or Baptist would prefer uniting with members of the Church of England to uniting with Comtists or unbelievers 1 Yes. 1.541. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 165 154'- Do you attach any importance to the Article lecture given in colleges Mr. C.S.Roundell. as a means of religious instruction ? Not the least. 7th March 1871. 1.542. Do you think that any one does at Oxford ? Certainly not. Those lectures are regarded as absolutely nil. 1 543- In fact they are merely a sort of roll-call at some colleges ? Yes. 1544. You are a Fellow of Merton, I think ? Yes. 1545. As regards the clerical fellowships at that college, they have been felt to have been a certain hardship, have they not ? Yes.. 1546. And a great disadvantage to the teaching staff of the college ? That is so. We have been very fortunate at Merton, on the whole. We have not suffered hitherto, but at the same time I think I am justified in stating that at the last election, in December, when we had to elect to one open fellow- ship and one close, that is to say, clerical fellowship, there were members of the examining body who would have recommended the college not to elect because the clerical candidates were not fit to be elected. And I have heard the same thing in at least one other college. 1 547. Was not a petition against them sent up by the fellows of Merton a short time ago ? There is an application at the present time before the Privy Council from Merton College. 1548. Was not a petition sent up to Parliament two or three years ago. I think I have read a reference to one in some pamphlet ? T think there has only been an application to the Privy Council. We have not petitioned Parliament upon the subject. 1549. Earl Cowper.] Have you turned your attention to providing any safeguards for the maintenance of religious instruction other than the present tests ? I have contemplated the maintenance, as the Bill provides, of the divinity professorships, a provision for the establishment of divinity lecturers in the colleges, and for the maintenance of the chapel services ; and I consider that that would be amply sufficient. 1550. Do you think that all those are provided in the Bill now ? The divinity professorships are expressly excepted from the Bill. The power of colleges to appoint divinity lecturers is given, I think I may say, by the ordinances of all the colleges. With respect to the third point of the main- tenance of the chapel services, I am afraid I was mistaken in my first appre- hension of the bearing of this Bill upon the act of uniformity ; I suppose that that must rest upon the college ordinances, together with Clause 4 of this Bill, the college ordinances not being alterable without the consent of the Privy Council, and I must assume (for it is a disputed point) of the Visitor also. 155 s - With regard to the attendance at the chapel, that in many cases is voluntary now ? That is the tendency new ; at Balliol and New College, and I think one or two other colleges the attendance is already made voluntary. 1552. Do you approve of the system of voluntary attendance? I do, simply because I think the compulsory attendance does not conduce to the object desired, that is to say, to religious influences ; as I have said all along, I would rather trust to the free spontaneous operation of the better in- fluences of the place and of individuals. *553- With the exception of the three safeguards you have suggested, you do not think that anything else would be desirable ? I think not. 1554. Earl Stanhope.'} You stated in the first part of your examination that you thought the maintenance of tests was very injurious to the interests of the (17.) ' x 3 colleges 166 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr.C. S.Roundell. colleges themselves ; may we not however suppose cases where the abrogation of tests would be very detrimental ; for instance, if we take the case you have 7th. March 1871. frequency referred to in the course of your answers, of a great number of fellows being elected without tests, and belonging to different creeds, would not a parent, being anxious for the religious teaching of his son, he inclined to hesitate before he sent him to a college where he might doubt whether that religious teaching could be obtained ? In answer to that question, I should wish to say this ; I think religious teaching would be an object with many parents, but I would wish to qualify it with this observation, that in the case of one of the great public schools, and also of one of the foremost colleges in Oxford, in each of which cases a person prominently connected with these bodies was supposed to be unorthodox, each of them being first-rate places of education, no practical difference was made in the popularity of the school and college. 1 would wish further to say, with regard to the general bearing of the question, that I am inclined to think that the University will be what the country is, and that we have no more reason to expect any of these strange combinations of particular parties in a college than we have in the country at large ; if we have it in the country at large we must bow to the will of the majority ; I am content to take up that ground. 15,5,5. Although there might not be in the election of fellows without tests anv great preponderance of any one party adverse to the Church, might there not be so many of the different parties as to cause a relaxation of the religious teaching of the college, or to lead at least to a popular impression that it would be relaxed ? My own impression is distinctly to the contrary, judging from my experience at Oxford. 1.556. We were speaking of the interests of a college ; if then it came to be thought that the fellows elected without tests were discordant in their religious opinions, and were likely to neglect the religious teaching of the college, would not a parent be disinclined to send his son to that college, and consequently might not the interests of that college be very greatly affected ? Certainly, I think if it did come to pass that, a college either passed into the hands of persons who were indifferent to religion, or that the governing body was made up of persons holding a variety of religious opinions, belonging to a variety of denominations, I should expect a certain number of parents more or less to consider that an objection, but then I would wish to fall back upon what I have endeavoured to state as my belief that in practice that state of things will not arise. 1.557. Should you see any objection to a legislative enactment that whatever might be the opinions or the wishes of the fellows for the time being, public worship should always take place in the college chapel according to the rites of the Church of England ? I would beg to answer that question by repeating what I have already stated, that I think the sure ground to take is this, that so long as the Church of England is the Established Church of the country, so long will it prevail at the Universities, and that its preponderance at the Universities will stand or fall with the Establishment ; beyond that I am not concerned to look for the purposes of this question. 1558. Farl Beauchamp.] With reference to your last answer, supposing such a thing were to happen as the disestablishment of the Church of England, it must begin somewhere, and would not the giving up of the public worship according to the rites of the Church of England in the college chapels be a commencement of that very process ? I am all along proceeding upon the assumption that the maintenance of the chapel services will be preserved, because it will require a change of the law to discontinue them ; supposing for a moment that the majority of the fellows of a college come to be Baptists, it will not be competent for them to alter their ordinance enjoining the maintenance of the services of the Church of England without having recourse to external authority, namely, the Privy Council, and most probably the Visitor. 1559- But I apprehend that it will be quite open to a>ajority°of a college to suspend the chapel services altogether r It SELECT COMMITTEE ON UNIVERSITY TESTS. 167 It is expressly provided for by the college ordinances, and you cannot get over Mr. C. S. Roundell. that. I he eoltege ordinances secure the maintenance of the chapel services. r -U , 7th March 1871. 1500. liut then, as 1 apprehend, the college ordinances merely rest upon the consent of the Visitor and the consent of the Privy Council ? That is so. i .56 : . Chairman.] The necessity for the consent of the Visitor is very doubtful indeed ? Yes. 1562. Earl Beauchamp.] There are two colleges, if not three: Jesus, Wor- cester, and, I think, Pembroke, which have lay Visitors, and Balliol elects its own Visitor. If a Visitor was elected by a bare majority of the fellows, the consent of the Visitor would be dependent upon the views of the bare majority who had elected him, and therefore the consent of the Visitor to an alteration of the college ordinances would be dependent merely upon the majority of the fellows. Then you come to the Privy Council. The Privy Council is, practically, the government of the day. Therefore the only security you propose to retain is the government of the day, if there is a majority of the fellows hostile to the Church of England ? I quite admit that it may be so put, but I wish to say, that so large a question as this, must be, to my mind, a question which could not be dealt with by a mere majority of the college. 1563. That is a consideration which might influence your own vote as a member of a college society, but when we are called upon to frame laws we have to consider the consequences that may occur under them. I am speaking of the view which persons in the position of a Visitor, or a member of the Privy Council for the time being, would be likely to take upon a great public question of this nature ; and I wish to convey my strong opinion that this would be treated as a great public question, which could not be dealt with in a corner. It would practically be, so to speak, the disestaolishment of the Church in that particular college. 1564. Then I understand you to say that if a bare majority of the Fellows were hostile to the Church of England, and had elected a layman as Visitor who was not a member of the Church of England, the contingency of the disconnection of that particular college from the Church of England is not a remote one, or at all events is a possibility ? Certainly it is a possibility ; but, as I said, a Visitor of a college is likely to be a man of considerable weight and authority, and I should not expect that such a person would be willing to deal perfunctorily or cursorily with a ques- tion of this magnitude. 1565. If he were a man of strong opinions he might think it right to use his weight of authority in a manner hostile to the Church ? Still he would be responsible to public opinion. 1566. Chairman.] In answer to one of the questions you expressed an opinion that great as the injury was which you thought tests inflicted upon the University, it would be wiser to wait an indefinite time rather than to sanction any abandonment of the principle on which the Bill was founded ? Yes. 1567. Such declarations are of importance, because if misunderstood they are apt to be an impediment to legislation. What do you consider to be the principle of the Bill ? The abolition of tests, except in the case of Divinity Professorships ? 1568. The abolition of tests of all kinds ? Yes. 1 569. And you would rather forego the Bill than submit to the maintenance of the least amount of those tests ? Yes, certainly ; believing, as I have said, that what is really needed for the proper maintenance Of religion in the place will be amply secured by the means to which I have referred. (17.) X4 1570. But 168 MINUTES OF EVIDENCE TAKEN BEFOKE THE 7th March 1871. Mr. c. S. Roundel!. )5;o. But if the question is put before you, Whether you would prefer to forego the Bill for the present, or submit to a small application of the prin- ciple of tests, you distinctly prefer to abandon the Bill altogether ? 1 do, distinctly ; and I think I may take upon myself to say that that will be the opinion of the supporters of the Bill at Oxford, and of the Nonconformist supporters of it outside. In the interest of the University, and of academical peace and usefulness, we desire a settlement of the tests question. 1571. You spoke of a majority of the tutors having petitioned in favour of the Bill ; is it not the case that a majority of the members of Congregation petitioned against it ? That may be so ; I was not aware of the fact. The Witness was ordered to withdraw. Mr. CHARLES APPLETON, called in ; and further Examined. Mr. C. Appkton. '572. Chairman^ I understand that there are some additions which you desire to make to the evidence you gave here when you attended the Com- mittee on a previous occasion ? That is so. Perhaps I may best make my meaning clear if your Lordship will allow me to recapitulate very shortly what I then meant to say. I first meant to say, respecting the application of tests at present, that the men affected by them or by their abolition were a small number ; secondly, that the influences under which these men came were not influences exercised by persons who might be restrained from exercising such influences by law, but were influences partaking more of the nature of general causes, to which Acts of Parliament do not apply ; and thirdly, with respect to the operation of tests, I meant to say that they do not at present act in preventing a destruction of belief, but they intervene at the most inopportune moment in preventing its natural re-construction. Then as to the question of safeguards with which I believe I am right in saying this Committee is mainly concerned ; I mentioned three which I thought existed at the present time in Oxford quite indepen- dently of the tests, and which would continue to exist if tests were abolished. The fir^t and most important of those, in my opinion, is the common feeling of honour existing among tutors of colleges, which would prevent a man, who was slightly older than his pupil, or even a great deal older than his pupil, from abusing his power over that pupil's mind. I think so long as the tutors and fellows of colleges are gentlemen, we may rest assured that that restraint will operate. The second safeguard which I conceived to exist already, was the increasing practice of dividing the branches of knowledge, so that a philoso- phical question, such as a question in moral philosophy, may be decided, and men are educated to decide it without bringing in any religious considerations. The third safeguard was, that there already existed in Oxford a number of religious influences quite independent of the University organization. I alluded, in the evidence which I gave before, to the immense influence exercised by Mr. Liddon, and I also added to that the considerable religious influence which is exercised upon undergraduates belonging to a different school of thought by the parochial clergy, to whom they are very frequently introduced when they come up to Oxford, and who take very great care that their religious life is not impaired. These three safeguards I conceive to exist already. I wish,in my present evidence, to add to my description of these safeguards a description of a new safeguard, which I think would be introduced by the mere fact of the abolition of tests. That safeguard, I conceive, would consist in a large infusion in the course of time of Roman Catholics and Protestant Dissenters into the Univer- sities. 1 573. In what sense do you think that their presence would be a safeguard ? Both religiously and theologically. I think if there were a large number of Dissenters in Oxford, their presence would practically be the introduction to the Unirersity of persons who had been much more carefully trained, in a religious point of view, than members of the Church of England of the same age ; and I think also that they would have been much more carefully trained theologically. These opinions I have arrived at gradually, from my experience of SELECT COMMITTEE OK UNIVERSITY TESTS. 169 of Dissenters ; but within the last two or three days I have endeavoured to Mr ' C ' A VP h ton - correct and verify them, by speaking to various persons who I thought would 7th March 1871 have most knowledge upon this subject, and they confirm, in a great measure, the view which I now express. 1574. Do you think that persons brought up in a comparatively narrow school of religious belief, and suddenly plunged into the din of controversy, are more likely than those who have been brought up in a less narrow school to maintain their balance ? In the first place they would not necessarily be plunged into an atmosphere of controversy, and in the second all Dissenters are not brought up in a very narrow school of belief. But that which is the peculiarity of Dissenting ortho- doxy, as opposed to the orthodoxy of the Church of England, the introduction of which would be valuable in Oxford, is, I think, this — that the orthodoxy of Dissenters, so far as I am aware, consists mainly in a right opinion respecting facts of present religious experience rather than respecting facts of a historical character, or of a purely speculative character ; and 1 conceive that orthodoxy of that kind respecting Justification by Faith, the Doctrines of Grace, and the like, which the Dissenters lay greater stress upon than other parts of Christianity, is not likely to be affected so much by the revolutionary ideas which I spoke of in my former evidence. As a matter of fact, any person who is conversant with the writings of Dissenting Ministers at the present time will say that it is remarkable to what an extent Dissenting Ministers read, study, and understand the critical theology and philosophy of Germany, without having their orthodoxy impaired thereby at all. 1575. Is it not historically the fact, that persons of the belief and the religious habits which belong to the religious Dissenters have naturally run into Uni- tarianism ? That is the case historically with regard to the old Presbyterians. I do not think that at the present time and among the Dissenters of the present century, there is so much tendency towards the Unitarian belief as there is among the members of the Church of England." Certainly there is not so much amongst Dissenters who are theological students, and study German and other theology, as amongst the very few English clergymen who do the same. There is, of course, a great deal of difference between one Dissenting minister and another ; but taking tliem as a whole, and taking the main classes of Dissenters in England, the Baptists, the Independents, and the Wesleyans, I should say that there was not amongst them the tendency, or any thing like the tendency to Unitarianism, which, under the name of undogmatic Christianity, exists in the Church of England. 1576. Your view is that religious education amongst the laity and clergy of the Church of England is more careless and more imperfect than it is among the Dissenting sects ? In my last answer I was speaking rather of theological instruction as distin- guished from religious education, but I also think there is a great deal more care taken among the Dissenting sects to propagate and strengthen the religious life than amongst the corresponding members of the Church of England. They have the requisite machinery for the purpose, and they make a demand of greater spiritual attainment on persons who desire to become members, as they are Called, of the Church than we do. 1577. Should you anticipate a large accession of Roman Catholics to the Universities in case this Bill was passed ? Not unless the Roman Catholic authorities were to declare in favour of it, and I hardly think they would do so unless the Roman Catholics were allowed to have a seminary of their own in the University. I have consulted Roman Catholics on that point, and they confirm that view ; they are not allowed in any large number to be spread broadcast over the University. At this moment a certain number of Roman Catholics go to the University. There were 15 when I left the University. There are generally not quite so many, and they are all what may be called isolated cases. There are about ten or a dozen now. 1578. Under this Bill, and under a new Statute which has lately passed Convocation, a Roman Catholic college could be established, could it not ? I was not contemplating the establishment of a Roman Catholic college, or any institution affiliated to or incorporated in the University ; I was contem- (17.) Y plating 170 MINUTES OP EVIDENCE TAKEN BEFORE THE Mr. C. Appleton. 7th March 1871. plating a seminary, which should be merely a private and unprotected establish- ment, supported by the religionists to which it belonged, and dependent for its success on the ordinary operation of the law of supply and demand ; of course, the members of such an establishment (this is the case in foreign uni- versities as well) should not be eo ipso members of the University, but in the position of what are now called ihe non-adscripts, that is, persons who do not belong to any college whatever, 1579. Do you not think that the persons who will take advantage of this Bill will be much more the Unitarians and person? lying outside the bodies of orthodox Dissenters, than those latter? 1 do not think so upon the \\ hole. The Unitarians have one or two very good colleges ; there is one in Gordon-square ; Owens College, Manchester, is another where the Unitarian tendency is very strong. I do not think they have, at any rate, uttered their grievance 30 strongly as the orthodox Dissenters ; at the fame time, 1 should not be at all afraid of the introduction of Unitarians into Oxford ; I think they are a very intelligent and religious body of Christians, and would form an excellent element in the Univei'sity. 1580. Then so far from deprecating controversy or the agitation of religious questions, you would accept it with pleasure, as a means of keeping alive religious life in the University ? Not exactly that. I do not imagine that the infusion of Dissenters and Roman Catholics would make the University a hotbed of controversy ; quite the reverse ; I am thinking rather of the superior theological interest which Dis- senters and Roman Catholics have, of the greater study they would probably devote to theology, and of their social influence both theologically and religiously, but especially religiously. 1581. Do you not think that the presence of so many opposing bodies in the Universities must do one of ttvo things ; either destroy any belief in definite dogma altogether, or else very much sharpen the organisation of the rival sects ? I do not suppose it would do either myself ; one of my reasons for wishing them to be introduced is for the sake of the preservation of definiteness in the Christian doctrine, not of its destruction. I think that which we are in danger of now is what is called in common language "undogmatic Christianity," which is a Christianity from which all definite statements have been eliminated. I think the introduction into the University of persons theologically trained with distinct opinions, and who have been taught the grounds of their opinions, would have the effect, by means of social influences and otherwise, of getting rid of that evil. 1.582. Do you not think the shaking together of young minds of various educations would have the effect of grinding off the distinctive forms of religious belief? I think not; I have never noticed that result from the coming together of persons of different religious opinions. 1583. The Roman Catholics themselves are very nervous of that in relation to primary education ; they dislike mixed schools, do they not ? They do. 1584. Their judgment in such matters is usually acute ? I am not sure that what would apply to them would necessarily apply to the Church of England or to English theology and religion generally ; I am not sure again, that they are right in the fears that they entertain. 1.5 85. Have you any knowledge of what the result of that kind of mixture has been in Germany ? I have only a very slight knowledge ; I should say that, so far as I know German students, and I have known a great many, they were accustomed to mix socially in the most satisfactory manner, and that there was no tendency to grind off the corners of belief, whilst there was a tendency to promote charity between one set of believers and another. 1586. Without diminishing in any degree the definiteness of the belief itself r I think so. 1587. Lord SELECT COMMITTEE ON UNIVERSITY TESTS. 1 7" I _ 1587. Lord Houghton.] You think that the tendency of this measure and of r " j_PP eton - similar measures might be, in some degree, to assimilate our Universities more ?t h March 1871. to the German Universities ? Not necessarily ; the amalgamation of different sets of believers in the German Universities has only been tried, so far as I know, in two, namely, Bonn and Tubingen. I do not think that if either Oxford and Cambridge were to under- take such an experiment, that alone would be at all necessarily assimilating themselves to the German Universities. At the same time, Oxford and Cam- bridge are becoming more like the German Universities every day, because the college system is gradually giving way to the force of circumstances. The experiment I have mentioned would be a measure to deal with circumstances as they are, and as they are gradually changing, and so far it may be said to be assimilating the English to the German Universities. 1588. I understood you to say that you would be in favour of a more dis- tinct recognition of precise religious teaching by the Universities, by the esta- blishment of religious faculties of different denominations ? Yes, I should be in favour of that. 1589. Therefore you do not think that what you contemplated in your evidence would in any way lead to a disregard of religious teaching in the Universities ? No, quite the contrary ; it would be a concentration of the religious elements in the country upon the Universities. 1590. Lord Rosebery.] You think that the Roman Catholics will only be allowed by their authorities to go to a few colleges at Oxford, if I rightly under- stood you ? As a matter of fact, they do at the present moment go in very small numbers to Oxford, and of course to very few colleges. I mentioned that 12 or 15 Roman Catholics go to Oxford at present ; as far as I have been able to inquire and find out, I should say that the Roman Catholics generally would not be edu- cated at Oxford unless their authorities permitted them to be educated there ; I do not think that their authorities would permit them to be educated there unless they had the domestic system which generally goes by the name of a Seminary, in which the religious life and teaching could be properly at- tended to. i^gt. There are four in Christ Church now; you would suppose that they have come more or less without the permission of their authorities ? 1 imagine so ; but I have no special knowledge of their circumstances. 1592. liOrd Stanley of Alderley.~\ Do you know whether many parents have sent their sons to Cambridge instead of to Oxford, in consequence of the spread of unbelief there ? I cannot say that I know of any at all ; I know very little of Cambridge, and therefore I cannot say that I have any data for forming an opinion upon that point. I have understood that there are a great many more Dissenters at Cambridge than at Oxford, and arguing from that fact, I should say that the Dissenting families send their sons to Cambridge in preference to Oxford. 1593. Chairman.'] That is partly owing to the fact that the tests on under- graduates were removed at Cambridge much earlier than at Oxford, is it not ? 3 Yes. 1 594. With regard to the Final School, upon which you gave some evidence when you were here last, is it your opinion that any portion of the evil of the unsettling of belief which it produces results from the young men not having had time enough to carry their studies to a sufficient width, and to include the studv of a sufficient number of schools of philosophy ? I 'should say, as an abstract question, that it would be very desirable that they should have double the time for study that they have now ; but, as a matter of fact, I do not see any possibility of extending the time ; it is a matter of money.' It would be impossible for a student to spend more than four and a half unproductive years at college. 1595. He could not spend more than that time in the study of philosophy ; but you might have one school for philosophy only, and a student might give less time to other subjects ? (17.) * 2 The 172 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. C. Appieton. 7th March 1871. The result of that would be a very one-sided education. A mere training in philosophy, without history, and without philology, would, in my opinion, have a very bad effect upon the mind. i/igfi. History has already had to be relegated to a school of its own, has it not ? There has been an agitation in Oxford for breaking up the Final School, which is composed of history, philosophy, and philology; but I believe there has been a very strong resistance to the measure, and I am not at all aware that it is likely to be carried out. The desire to break up the Final School, I think, was first expressed by what is denominated the Church party in Oxford, because they desired to exclude philosophy from the studies which were necessary for a first class ; that has been one of the make-shifts which has been used to obviate the evils which I have already described. 1597. Ave you at all acquainted with the universities of Belgium ? Not at all. I know two German universities exceedingly well ; but only two. 1 598. Those are Tubingen and Bonn, are they not ? No, Heidelberg and Berlin. I have been at both those universities myself, and studied there, and therefore I know them more intimately than the others. I only know Tubingen and Bonn from what I have read in books, or heard from persons who have been there. It is a well-known fact that there are double faculties of theology in those two universities. 1599. To the universities at which you have been the Roman Catholics did not come, did they ? At Heidelberg they do. The State of Baden is divided between a Roman Catholic and a Protestant population, and Roman Catholic students do come to some extent to Heidelberg ; but there is a provision at Freiburg, also in Baden, where there is a purely Roman Catholic university, for the Roman Catholic population ; so that Heidelberg, though it belongs to a mixed State, is not really a representative of the mixed system. 1600. The Roman Catholic authorities discourage the mixture as much as possible, do they not ? They do. The Witness is directed to withdraw. Ordered, That this Committee be adjourned to Friday next, at Twelve o'clock. SELECT COMMITTEE ON UNIVERSITY TESTS. 173 Die Veneris, 10° Martii s 1871. LORDS PRESENT: Duke of Somerset. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Mo RLE Y. Earl Beauchamp. Lord Colchester. Lord Rosebery, Lord Stanley op Alderley. Lord Lyveden. Lord Houghton. The MARQUESS OF SALISBURY in the Chair. The Reverend WILLIAM INCE, is called in ; and Examined, as follows : 1601. Chairman.'] YOU are a Fellow of Exeter College ? ReT wince Yes. ■-— r a j a u t» 5 loth March 1871. 1602. And Sub-Rector? Yes. 1603. I believe you have paid a great deal of attention to this Bill ? Yes, I have taken a great interest in the consideration of it. 1604. And you are familiar with its provisions ? Yes. 1605. Are you of opinion that there is any way by which Dissenters can be admitted to the emoluments and honours connected with fellowships in colleges, and yet proper precautions be taken for preventing the religious teaching be- coming in consequence indistinct, or ceasing to be given altogether ? If some definite distinction were made between fellowships and tutorships by making distinct classes of fellowships, I think it might be possible that some pre- cautions might, be taken. 1606. You think that the tutor has considerable influence upon the religious teaching of the college ? He is brought so closely into connection with the undergraduates in his college, that he must have very considerable influence. 1607. Do you think that his power of influencing them arises out of his lectures, or simply out of the close communication into which he is brought with them at other times than the lecture hour ? It is the result of a combination of the two. 1608. It has been given in evidence to us that in very large colleges, such as Trinity College, Cambridge, the communication between the tutor and the pupil upon religious matters is of the smallest possible character ; does that remark apply to colleges of smaller extent ? In Oxford, so far as my experience goes, the custom is different in each college. In some of the colleges the distinct office of tutor is kept up, and each man when he has matriculated is consigned to a particular tutor, and remains under his more especial care the whole time of his course, and is therefore brought under much more direct influence from that tutor. In other colleges I believe that plan is not any longer adhered to ; but in Exeter College, for instance, every man is assigned to one particular tutor. (17.) y 3 1609. Then loth March 1871. 174 MINUTES OF EVIDENCE TAKEN BEEORE THE Rev. W.lnce. 1609. Then the influence of the tutor is, in your judgment, more personal, and arising from his official character, than directly exercised through his official act< ? It is exercised more personally than through his lectures. 1610. Religion does not enter very largely as a portion of the tutorial teaching of the colleges ? There are Divinity lectures in each college. 1611. How many are there in the week ? The number varies considerably at different colleges. 1612. How many are there at Exeter? Six or seven in the week, but some alteration has been caused now by the introduction of the new school of theology, for which a course of special lectures is to be provided. For many years the custom was that each tutor had a Divinity lecture. 1613. That school of theology is not compulsory in any way, is it? No, it is perfectly optional ; it is on the same footing as the four older schools. 1614. But the colleges esteem it to be their duly to prepare voung men for it ? Yes, where there are any number of undergraduates wishing to prepare them- selves for that examination, but the school is at present so entirely in its infancy that the numbers are small. There are symptoms, however, in many of the colleges of an increase in the number of men proposing to devote themselves to theological study for that school. 1615. This Divinity lecture would break down altogether, would it not, if there were not a sufficient number of fellows belonging to the Church of England ? Yes, I think it would entirely. ] 616. How many fellows have you at Exeter ? Our full number is now 15. 1617. How many are resident ? The number in residence is 10. 161 8. Do they all take part in the government of the college ? All but two take part in the education and tuition of the college. 1619. How many of these fellows deliver Divinity lectures ? Three, I think. 1620. With whom lies the management of the discipline in reference to the college chapel ? Practically with the sub-rector, who holds the same office there as the dean does in many other colleges. 1 6 a 1 . By whom is the sub-rector appointed? By all those fellows who are of any degree not lower than that of Master of Arts, which is almost the entire college. Sometimes, perhaps, a junior fellow may not be an elector, but practically it is the whole body of the college. 1622. If a distinction were drawn as to tests between the tutorships and the fellowships of your college, the comparative number that would be open would be very small ? Yes ; our numbers used to be 25, but they were reduced by the changes made in 1854 to 15, on the calculation that, allowing for two or three becoming superannuated, and some being young men who had been elected as probationers, the fellows would not be more than sufficient for the educational staff of the college. 1623. Have the fellows who are not taking, or have not taken part in the educational work of the college, the same influence over the young men as the others ? No, their influence is very much less. 1624. They loth March 1871. SELECT COMMITTEE ON UNIVERSTY TESTS. 175 1624. They mix with the undergraduates less ? Rev. JF. Ince. Yes, very much less. 1625. To what extent does the head take part m the education of the college ? He gives no actual lectures ; his direct teaching is only in the form of preaching sermons in the college chapel. 1626. Has he any direct communication with the young men ? He sees a great deal of them. 1627. How many undergraduates have you at Exeter ? About 160 or 170. 1628. Does the head individually see much of so large a number of men ? Yes, he makes a special point of doing so. 1629. Is the attendance at your chapel compulsory ? Yes, it is what would be called compulsory, according to the ordinary distinc- tion between compulsory and voluntary; it is managed ujjon rather an elastic system, without any very rigid, rule ; it is left a great deal to the discretion of the administrator for the time being. 1630. A young man is held to be bound to attend ? Yes. 1631 . Do you attach great value to it as a portion of the college education ? 1 think very definite influences of a religious character result from it ; I judge that from the observations the men afterwards make sometimes after taking their degree, or it may be many years later, if one sees them, they speak with reference to the impressions made upon them, and the influence exercised by that means. 1632. Your judgment would be that if the service in the college chapel should cease, the effect would be to deteriorate the religious tone of the college? I think it would do so, distinctly. 1633. It would be in the power of a majority of the fellows, I suppose, if they were hostile or indifferent to the Church of England, by a new statute, to make the service in the college chapel to cease? Yes, if they had the power of altering the existing statute. 1634. The only security lies in the statutes of the college? At present it lies in the provisions of the Act of Uniformity, and in the statutes of the college. 1635. Are you aware of any provision of the Act of Uniformity enforcing the celebration of the service of the Church of England in the college chapels? 1 understand that the Act of Uniformity requires that the service of the Church of England shall be used in the college chapels. 1636. You are not yourself conversant with the language of that Act, are you ? No, not with minuteness. 1637 The statutes of the Exeter College can be altered as in other colleges I suppose, by a college meeting, with the sanction of the Queen in Council? By two-thirds of the college, with the consent of the visitor. 1638. The consent of the visitor is necessary? Yes. 1639. Is tliat definitel y Provided ? Yes. 1640. Earl Stanhope.] Who is the visitor of your college? The Bishop of Exeter, by right of his see. 1641. Chairman.'] Have you many exhibitions at Exeter ? About 10, I think. 1 642. Are there any conditions attached to those exhibitions ? (17.) y 4 Yes; 176 MINUTES OF EVIDENCE TAKEN BEFORE THE Re v. W.I nce. Yes ; the conditions vary ; some are local in respect of the place of birth of 10th March 18-1. tne h°i t!ers of tliem > others specially provide that the person elected shall be a ' student in Divinity ; he is to be examined with regard to his intention of taking^ Holy Orders. 1643. What is the nature of that examination which ascertains whether he has the intention of taking Holy Orders? It is only a general profession ; a general statement by himself that lie is a Divinity student, and ultimately wishes to take Orders. 1644. He is simply asked the question ? Yes. 1645. Is any test applied to him before he is admitted to his exhibition? No. 1646. You take no steps for ascertaining to what church or religious denomi- nation he may belong ? It is virtually and practically known, though no definite question may be put to him. 1647. Supposing a Baptist was to present himself, and to state that it was his intention to go into Orders, should you have any discretion as to refusing him ? No, I believe not. 1648. You would be compelled to accept him ? If he were the best of the candidates who offered, and if he expressed it as his intention to take orders in the Church of England, he would be accepted. 1649. ^ is Orders in the Church of England ihat he must take? Yes ; the exhibition I am specially referring to was a late foundation in 1710. 16.50. The exhibitioner having been so admitted would be subjected to theological teaching, would he not ? He would be required to attend the ordinary Divinity lectures of the college. 1651. And be subjected to any kind of theological examination? It would be open to us to subject him to such an examination ; the exhibition lasts beyond the period of taking the Bachelor of Arts degree ; he would not be allowed to hold it after that period, unless he were then definitely professing himself as a student in Divinity whilst continuing resident in the University. 1652. What is the length of tenure of this exhibition ? It lasts for seven years, but it is seldom, as a fact, held for that time ; it is generally vacated within six months or so of taking the Bachelor of Arts degree. 1653. Have you the power of terminating the exhibioner's tenure in case of any misconduct, on his part? Yes. 1654. In case of any want of proficiency in the studies to which he is specially assigned ? I should imagine we should have that power. 1655. But it has not been exercised within your knowledge ? No. 1656. Do you think that this Act would make any difference in the tenure of these exhibitions? No, not in the tenure of this special exhibition, for no test, technically so called, is demanded of the candidates, other than a mere verbal profession of the intention to take orders. 1657. Have you seen this particular Bill which is now before Parliament? Yes. 1658. Have SELECT COMMITTEE ON UNIVERSITY TESTS. 177 1658. Have you a copy with you ? Rer. IF. Ince. I have one before me now. 1 6,59. If you will look at line 20 of page 2, you will see a list of the tests which are not in future to be exacted from persons who are candidates for an office ; such a person is not " to subscribe any article or formulary of faith, or to make any declaration, or to take any oath respecting his religious belief or pro- fession, or to conform to any religious observance, or to attend or abstain from attending any form of public worship, or to belong to any specified church, sect, or denomination ;" do you not think that that would include that question which you ask of these exhibitioners before they stand r I presume that it would, if taken strictly. At the time of his admission the exhibitioner would have to profess to belong to some specified church. 1660. This class of exhibitions, you say, is a modern foundation ? It was founded in 1710 1 66 1 . It would be a very great hardship, would it not, in your judgment, if they were taken away from the denomination for which they were intended, and given to others ? It would be an unfairness, a* it seems to me, but these exhibitions do not occupy a very prominent place in our college. They are nothing in comparison with the scholarships ; they are of inferior value, and not so greatly caught at. 1662. There are a considerable number of exhibitions in the University of varibus foundations, are there not ? Yes, I believe so. 1663. How many scholarships are there in your college ? Twenty-two. 1664. Leading necessarily to fellowships ? No, there is no preference whatever given to the holders of them in the elec- tion to fellowships in the college. 1665. For how many years are they tenable ? For five years, on condition of residence. 1666. Is there any preference for any particular denomination with respect to them ? Yes ; the holders are required by statute to be members of the Church of England. 1667. Under this Bill they would be all thrown open to all denominations ? Yes. 1668. Are any of them of modern foundation ? They are all of modern foundation in their present form ; they were founded by the commutation of 10 of the old fellowships of the college ; our number of fellows before 1854 was 25, and eight fellowships were given up in order to found scholarships out of them ; two fellowships were thrown into the general stock and ihe other eight were turned into scholarships to afford us foundation scholarships, of which we had none before. 1669. The effect of the Bill would be, would it not, to affect very much the power of self government now possessed by the colleges ; it would not be pos- sible for them to determine or to indicate to the public the nature of the education, in the highest sense, which they were prepared to give ? I think it would greatly interfere with their general conduct of the education of the college. 1670 Do you think it likely that the tone of particular colleges would be assimilated to that of various sections, or do you think that the more probable result would be, that in consequence of the conflict of various denominations within the walls of the college, the subject of religion would be, to a great extent, banished ? , . , , ,.„. . ,, . It seems to me that the probability is, that there would be a difference in that respect between the smaller and the larger colleges ; in the smaller colleges, if there were two or three influential men of the same general tone of religious thought and opinion, it would give a strong bias to that particular college m that direction; but in a large college, where there were a great many resident ( 17 ) Z fellows 10th March 187 J, 178 MINUTES OF EVIDENCE TAKEN BEFORE THE p rr- j fellows and tutors, with every diversity of religious opinion, I believe the result ev '__'_' !C -\vouid be, that the subject, of religion would, by common consent, be set aside 10th March 1871. fur the pake of peace and harmony. 16-1. They would find themselves in this position, that although each of them mio'ht attach a great importance to .religion, they would be compelled, in order to avoid constant conflic', to treat it as non-existent altogether r I believe so ; they certainly would not be able to assign to it any definite place in the education given to the undergraduates at the college. 1672. It would be impossible to frame a comprehensive system embracing all beliefs r Quite impossible. 1673. And consequently if there were a large admixture of fellows holding different opinions, the Divinity lectures, you think, would cease ? 1 think that that would be the practical result, though it is conceivable that a variety of lectures might be given by some representative of each separate denomination, but I believe that the former would be much the more probable alternative to be adopted. 1674. You mean that on different days of the week the college hall would be occupied by members of different denominations ? Lectures' might be given by members of different denominations. Most of the lectures are given now in rooms provided for the purpose, some in the tutor's own rooms. 1675. It is the general experience, is it not, that where a mixed education is attempted of persons differing largely in religious belief, the subject falls into the background ? Yes, I believe so. 1676. Should sou not say that that had been the case even under the present system, and that where religious differences within the limits allowed under the existing tests have arisen within a college between two or more influential fellows, and controversy has raged at all fiercely, the effect has been deteriorating to the general religious tone of the undergraduates? Yes, I think so distinctly. % 1077. You think that in principle a great distinction is to be drawn between the admission of Dissenters or persons not agreeing with the Church of Eng- land to emoluments and honours, and the admission of them, to power and teaching ? Yes. 1678. You say that there are very few sinecure fellowships at your own college ; that is not the case, is it, in the University at large ? No ; in several of the colleges half, or possibly the majority of the fellows may be non-resident. Some of those would be in colleges where the alteration of the conditions of the tenure of fellowships has not yet had time to take effect, and therefore 1 am not quite sure that they are perfectly fair specimens of what will be the case 20 years hence. 1679. You mean that the sinecure fellowships tend constantly to diminish under the alterations enacted by the commission ? In some of the larger colleges, like Magdalen College and New College, I be- lieve they do. 1680. Do you coincide with the opinion expressed by some of the witnesses that the studies recently introduced into the final school have had the effect of loosening belief? Yes, I have had personal experience of that result having followed in some instances. 1681. Among your own pupils? Yes. 1682. The persons who are so influenced are those who are likely, I suppose, to become the most influential in after times ? They have been undergraduates who have been reading for high honours, and therefore SELECT COMMITTEE ON UNIVERSITY TESTS. 179 therefore would naturally, after taking their degree and gaining success in the R ev> jy. / wce . schools, obtain a fellowship somewhere, and so be put in positions of influence subsequently. ioth March 1871. 1683. You are of opinion that there has been amongst undergraduates of that class a distinct loosening of belief in recent years ? Yes, my own experience has certainly brought cases of that kind within my knowledge, and I have heard of other cases which I know about of course only indirectly, and not from personal intimacy with the men. 5684. And you attribute that more to the studies of the place than to any external action of causes which are operating upon the rest of the world? I believe it to be the indication of a general wave of opinion in the world without, but that its effect has been largely increased in the University by the particular direction in which the studies in some of the schools have been turned by, if I may say so, a one-sided study of philosophical subjects. 1685. Do you think that the test has been efficacious in restraining diversities of teaching : I think it has been efficacious in preventing the open and avowed assertion of sceptical opinions by those holding offices as tutors, and the main influence in that direction I think has been caused by private tutors, many of whom are not brought under the operation of such tests. 1686. If the tests were removed, you think that the tutors and professors to some extent would do what some of the private tutors do now, teach avowedly sceptical opinions ? I think there would be the removal of that sense of inconsistency, and cer- tainly partial dishonesty involved in the public teaching of such opinions, which would be felt now as a restraint. 1687. I understood you to say that some of the private tutors were less under restraint than the tutors of the colleges, and that consequently their teaching was less under control ? Yes, I believe that that has been the case within the experience of the last 10 or 15 years. 1 688. And that it has been in some cases more sceptical r Yes. 1689. "Who do you think has the most influence over the young men, the private tutor or the public tutor ? It depends extremely upon the personal character of the tutor. 1690. It depends entirely upon the personal character of the tutors, and is in no way influenced by their respective positions ? In this respect I should think the private tutor has more direct influence upon the formation of opinion, that it is during the later period of the studies of a young man, and just before he is going in for his examination for honours, that he is brought, into direct connexion with the private tutor, whereas according to the general system of education in a college he would frequently cease to be attending college lectures at that time. 1691. Supposing that the head were in any case not to be a member of the Church of England, would his power of either propagating his own views or interfering wilh the Church teaching of the college be considerable ? He has the appointment of tutors. 1692. The uncontrolled appointment of tutors ? That varies in different colleges. With ourselves it is liable to a veto by two- thirds of the fellows. 1693. Can the fellows remove a tutor? No, only by the practical means of stopping the supplies. They could not cancel the appointment. 1604. But they always have the power of stopping the pay ? Yes, for the determination of the amount of the pay to be given to each tutor is left 'in the hands of the college, and they might reduce it to a nullity. 1695. Lord Stanley of Alderley.} We have been told by other witnesses of (YJ,\ z 2 various 180 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. W. Ince. various French and German philosophical works which the examiners expect the undergraduates to have read, and which have a tendency to increase unbelief; ioth March 1871. do you know whether they ever examine in the work of Auguste Nicolas, a " member of the French bar, which is in the opposite sense ? No, I am not aware of it; I have never known an examination definitely in that sense ? i6q6. Is the University responsible for the books in which the examiners examine, or which they expect undergraduates to have read ? Mo, Ihe University does not prescribe any special books for the honours examinations; the use of any modern books has grown up from the custom of the time, and from the recommendations and suggestions which may have been given by tutors. I suppose gradually, in process of time, they influence the examiners, and questions may be set which refer to such particular books, though without any definite naming of writers in the examination questions. 1697. Lord Houghton.'] Supposing that these examinations in philosophical subjects are advisable, could they be conducted in any other way than by direct- ing attention to the philosophical problems of the time ? There has been a change in the modern mode of conducting these examina- tions, as compared with the earlier mode when the examination was almost entirely confined to the ancient Greek authors. 1698. Has not the tendency been to give the examination a more practical and a less scholastic character ? Yes, decidedly ; and also to allow the subjects themselves to be taught and examined in, not so much with reference to the particular text of a given author; instead of papers being set, as they used to be in old times, when one was called a paper on Plato, another on Aristotle, and so forth, the paper would be described as " moral philosophy " or "the history of philosophy/' or "political philosophy," the branch of science generally being specified as the subject of the paper. 1699. Can you at all recall to mind, not the particular year, but within what time that change has taken place? It is since the existence of the present University statute with regard to examinations, which was passed about 1852 ; that is the statute under which the examinations are conducted. 1700. Can you explain hoAv the examination has been affected by that statute r Till that time there had only been two main honour schools, one in classics and one in mathematics, just before taking the degree at the end of the third or fourth year of residence. In the alteration made by the statute, an intermediate classical examination was introduced, which embraced the subjects which would technically be included under the name of " scholarships ;" and then, just before the period of taking the degree, the choice was offered of four different honour schools, one commonly called the " classical," which is a combination of philo- sophy and history, sometimes the one element and sometimes the other being the more predominant ; another called the school of mathematics, another called the school of law and modern history, and another called the school of natural science, to which has just now been added a fifth, called the school of theology. 1 701 . In your judgment, do these metaphysical studies bear a disproportionate part to the rest of the University teaching ? The estimate put upon that particular school (the classical school) in which these philosophical subjects form a prominent part of the examination, is much higher than that placed upon any other school. It is practically looked upon as the means of introduction to the "majority of the fellowships, and therefore tne old fame and credit of the school, as weli as the practical benefits accruing from success there, give the greatest influence to that school. . 1702. Do you think that the value of these tests, and these restrictions winch have gone under the name of tests, has been increased or diminished by this change in the studies of the University ? I believe it ha"> been increased. 1703. C'juld SELECT COMMITTEE ON UNIVERSITY TESTS. *• 181 1 703. Could you explain why you think so ? Rev. W. Ince. There being a greater amount of unsettlement of opinion, if there were no , ^ „ public restraint, no sense of inconformity between the public teaching of sceptical arc 7 " opinions, and the position in which the teacher stood, it appears°to me that there would be a multiplication of such dubious teaching. Such diversity of opinion on philosophical subjects is the growth of the last 20 years, and certainly, in the earlier period, was not prominent in the University at all. 1704. May not that especial turn of things be of a temporary character, and dependent upon almost accidental influences ? I could hardly prophecy that it would be so. _ i 705. Do you think that the taste for metapysical speculation in the Univer- sity will increase, or will it not diminish ? It will certainly not diminish, 1 think 1706. Might not one effect of the abolition of tests be to render the discussion on those subjects, and the state of mind of the students with regard to those sub- jects, more similar to the general action of the common world in which those subjects form a certain portion of the interests of educated men, but without in any serious degree influencing either their thoughts or their actions. I do not think that the alteration of the test would make a very important difference in that respect. The special interest attaching to the pursuit of such studies is owing to the integral part they form of the examinations of the Uni- versity, and the weight given to them, and the prospect of advantage secured by success in thorn. It is that which turns many more men into the pursuit of them than would be the case if the same men were away from the University. 1707. Do you not think that these restrictions may have the ordinary effect of all antagonism, namely, that of making the person who is subject to them, or who may possibly lose by their influence, attach an undue importance to the matter, and chafe against the restrictions until he thinks it almost a vital issue ? They no doubt do tend to produce a certain amount of irritation. 1708. When a man finds that his prospects in life are impeded by a certain restriction to which he himself does not attach any great importance, does it not incline him to a general repugnance to the whole system with which those tests are connected ? That has been the practical working of it in some cases which have fallen within my own knowledge. 1705. Therefore, practically, a man might become more irreligious on account of the existence of these University Tests? He might possibly, with a peculiar temperament of mind, be driven occasionally into a form of bravado and of making exaggerated statements, brought about by that very sense of collision between the recognised restrictions and his own opinions. 1710. Earl Stanhope ] You have this University Tests Bill before you, I think. Supposing it were the determination of Parliament to pass the leading- principle of that Bill, which is the abolition of tests as a necessary condition for academical or University offices, on that supposition are there any clauses which you would practically think desirable to be added as securities for religious teaching ? So far as I understand the bearing of the fourth clause of the Bill, it would not necessarily guarantee the continuance of the religious worship in the chapels of the colleges exclusively according to the rites of the Church of Eng- land. 1711. It does not make it imperative ? No. 1712. That you would think desirable ? ' That I should think desirable ; I should think it to be distinctly desirable that it should not be left to the discretion of an existing body of fellows at any time to determine what should be the special mode of religious worship intro- duced into their chapel. (17.) 23 1713- You Ig2 MINUJES OF EVIDENCE TAKEN BEFORE THE Rev. IF. Ince. 1713. You think that the Act of Parliament should provide that it should th , >iarch 18-1 continue to be in accordance with the rites of the Church of England ? Yes. 1714. Have you found that the visitorial power in your college has been often applied to ? Yes ; for the introduction of small changes in regard to the distribution of revenues and certain details about smaller points, such as the days of election and the like. Our statutes have been in existence now about 15 years, and we have referred ten or a dozen different points to the visitor during that time for his consent. 1755. But they were not point; of teaching ? No, they were not points of any vital inportance ; they were only points of convenience for the practical working of the college. 1716. How are the proceedings of the college brought before the visitor; is there any necessary report of them, or do they only become reported to him in case of special complaint? They are only reported to him in case of special complaint. 1717. There is no other practical suggestion that you would wish to make, except with regard to clause 4 in the present Bill r I have an objection to the inclusion of the word tutorships among those officers from which the restrictions are to be removed. The tutorships are not endowments of the colleges at all. The tutor's income is simply derived from the payments of undergraduate students at the time being. It appears to me that it would be an interference with the liberty of a college to prevent its members from determining the conditions on which they would have tutors. If they chose to have tutors all belonging to one special denomination; to retain the tutorships, for instance, to the Church of England, I think the college ought to have perfect liberty so to do, just as a public school or any similar institution would. The tutors of a college are not in any way dependent upon the endow- ments of a college as tutors, and therefore the educational body for the time being conducting the education of the undergraduate should be allowed to determine what should be the special conditions of the education given in that particular college. We are under no requirement to admit any student who offers himself. The college has a right to say to any man, we will not admit you ; indeed if we chose to shut up the college to-morrow, and not to take students at all, there is nothing to prevent our so doing. 1718. 1 ou would not thiniv it desirable that Parliament should sanction such a shutting up of a college ? Not in the least ; but in regard to the college taking students as commoners, that is entirely discretionary with the college. 1719. It is discretionary now, and you think it ought to be discretionary still? 1 think it should be discretionary, and that the determination of the particular mode of the education to be given in each college should be left to the governing body of that college. ] 720. Lord Houghton.'] Are the more uncontrolled opinions which you stated to be entertained by the private tutors as compared with those entertained by the public tutors, owing to the private tutors not taking tests ? I think they are more unrestrainedly set forth in lectures by the private tutors, from the very sense that they are merely private tutors, and that the men come to them voluntarily, and that they are not placed in an official positiou with regard to them. On that account there is an absence of restraint with regard to the public expression of them. 172!. Do the private tutors take any test whatever? Not as private tutors ; there is no such recognised office. 1722. But before they attain the position which qualifies them to be private tutors, they have taken tests, have they not ? I should think the majority of them'have not, for they are mostly the younger men who have recently taken their degree of Bachelor of Arts, and until they arrived at the degree of Master of Arts they would not have taken a test. 1723. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 183 1723- Do they belong to a college to which the undergraduate belongs, or Rev. W. Ince. ly they corne from any college ? They may come from any college. 1724. How are they removable or amenable to control? may they corne from any college ? ™ > J J 6 10th March 1871. In no way ; they simply set up on their own account ; there is no formal appointment. 1 725. Then may a young man in your college choose a private tutor for himself from any college ? Yes. 1726. The private tutors, you say, have more influence with the young men than the public tutors ? In the latter part of a student's course I think they have more influence. 1727. Then even now they are subject to that evil influence, if it is an evil influence ? Yes. 1728.^ This Act would make no difference in that respect ? No, it would make no difference in regard to the private tutors. 1729. You have just now stated a few objections which you think might be remedied by the introduction of some words into various clauses of the Act. Supposing these remedies are not included as you would desire, would you then think it desirable to pass the Act or to reject it ? In my own personal opinion, I should very considerably distinguish between the University and the colleges. I entirely grant the principle of the Bill with regard to the University, but. 1 fail to see its fairness or expediency with regard to ihe colleges. 1730. But you are not prepared to stand by the present system as being unobjectionable in itself in all respects? No ; the particular form which the tests now take, I think, distinctly, might be altered for the better. 1731. You would make a distinction between the University and the colleges : Yes ; I was thinking of the particular mode of applying a test by requiring subscription to the Thirty-nine Articles. 1 732. That you would do away with ? I would rather see it replaced by a different test. 1 733. What would you substitute for it ? I have not formed a very positive opinion upon the subject ; but it seems to me that something like the declaration which is in use at Cambridge, namely, that the tutor is a bond fide member of the Church of England, would be preferable. 1734. At Cambridge they do not subscribe the Thirty-nine Articles, do they ? No, not at all. 1735. They only subscribe the declaration, "I am a bond fide member of the Church of England ?" In order to claim the right to vote as a member of the senate, I believe a Master of Arts has to make a declaration that he is a bond fide member of the Church of England. 1736. That you think would be a simpler and preferable form to require in the case of the University of Oxford ? _ # Yes, I think it would be preferable to the subscription to the Ihirty-nine Articles. 1 737. Earl of Morley.~\ I understand you to say that you draw a distinction, with regard to the tests, between the fellows who teach, and the fellows who do not teach in the colleges ? Yes ; I think the position of the two is very different, and that that which might be admissible in one case would not be in the other. ( 17 .) z 4 1738. Do -J34 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. vr. Inct. a -o8 Do you think that that distinction can be maintained; suppose, for icthltod»i8-i instance, one of the fellows resident at the college was a very great Greek ' ' scholar, do you think that you would be able to maintain the principle that he should be obliged to take a test before he could be a tutor, if he did not quite agree with the test ? There is a difference between the technical use of the word " tutor, and the technical use of the word "lecturer." 1 should conceive it to be desirable that as a tutor he should take the test ; but I should see no objection whatever to his being a lecturer, if he was a competent Greek scholar, without taking the test. 1730. There may be a number of undergraduates who are Nonconformists; would "not that have some effect upon the choice of a tutor; I take that as a possible case for illustration ? Your Lordship refers to a case of undergraduates who might be students in a college, being Nonconformists, and you ask with regard to their being elected fellows afterwards. 1 740. I mean with regard to the choice of tutorship, if you confined the choice of tutorship to those who accepted this particular test of being members of the Church of England ? Of course at present the number of Nonconformists is so very small that the amount of exclusion that would be caused in that way would be hardly appreci- able. 1741. 1 understand you to say that you would prefer that the Bill should be left permissive with regard to the colleges, though it should be compulsory with regard to the Universities? I meant specially permissive with regard to the tutorships. 1742. Do you not think that that would cause a good deal of angry contro- versy in the case of the election of tutors, and stir up this whole question again. No ; because I believe the different colleges would adopt different systems, and that a college having adopted a recognised system, such as that of adherence to the Church of England, there would be comparatively little bickering or controversy in conducting successive elections, it being understood in the college and the University at large that such was a condition of admission to a tutorship in that particular college. 1 743. You compared the case of tutorships to that of commoners ; but at your own college, for instance, you cannot enforce any tests upon the commoners, and yet you have the power of rejecting auy particular man ; would not this Bill, if passed, leave you in the same position with regard to the tutors as you are in now with regard to the commoners ? Yes ; but so much would then be left to the various idiosyncracies of the several individual electors to the tutorship. 1744. One word with regard to the religious teaching; do you set a great value upon the amount of religious teaching which is at present given in the different colleges ? It varies very much in different colleges, and the influence in some is very much stronger, so far as I know, than in others. 1745. I suppose a great many of those persons who are excluded by these tests from fellowships and tutorships would be people of very religious character, who would be quite as sorry that religious teaching should be done away with as the existing tutors and fellows? The experience of the cases of those who have been excluded by the present tests in Oxford is so very small, that I really have no means of judging in regard to that. 174b- At the same time you say that the system of teaching pursued in the schools loosens belief and causes infidelity ; do you not think, then, that these tests have been taken without considering the obligations which a person incurs by taking them ? I am afraid it is too true to say that there has been, what would appear to myself individually, a lower tone of morality, in point of honesty, in subscribing the tests in such cases. 1747. Surely SELECT COMMITTEE ON UNIVERSITY TESTS. 185 1747. Surely that is a bad thing for the tone of the University, is it not? Rev. W. Ince. I think it is distinctly bad. , - — : „ J 10th March 1871. 1748. Does not it rather create a feeling of animosity against the Church of England? J ° It creates a feeling of animosity against religion, generally, in those on whom such a difficulty operates. 1749. But it creates a feeling of animosity primarily against the Church of England, I suppose, because the "tests are in favour of that Church ? Yes. _ 1750. Do you not think you could trust to the public opinion in the Univer- sities, as affected by public opinion without them, for keeping up the religious teaching and the chapel services, as being a more efficient safeguard than these tests have proved to be hitherto ? I should be unwilling to have it left to the discretion of frequently three or four very young men in residence, who are the college for the time being, and who might introduce a vital change in the administration of that college if they were not under the restraint of the general Statute. 1751. You think that they could introduce a much greater change, then, than could be introduced now ? Yes. 1752. And you think it would be likely to be introduced ? I think it is quite conceivable that in some of the colleges such changes would be introduced. 1753. As to the chapel services, you said you would not leave it to the indi- vidual colleges to choose what service should be held in their chapels, but by the Act of Uniformity I think no services can be held in a college chapel, except the service of the Church of England ; would that have any effect upon your opinion ? I understand that this Bill repeals that clause of the Act of Uniformity. 1754. Earl of fieaucJiamp.] May I take it that you do not consider it proper that three or four young men, who obtain a distinction in one or two examina- tions, should be allowed to change the destinies of a college ? Yes ; I should think it would be very unjust to the college if they did. 1755. I think you stated that you were in favour of doing away with the tests as regards the University ; does that apply to University professorshijDs as well as to the degree of Masters of Arts ? I would rather see, in regard to the professorships, some general declaration of belief in the Christian faith. 1756. And to carry that a little further you would, of course, object very strongly to the removal of tests from Professorships of Divinity ? Yes, most decidedly. 1757. You were asked, I think, whether if a person found his prospects in life impaired by restrictions, he would not view those restrictions with a general repugnance ; is not that argument equally true when applied, not only to tests, but also to any of the Ten Commandments. A person who found his prospects in life impaired by a rigid adherence to the Eighth Commandment would view that Eighth Commandment, with very great repugnance, would he not ? I presume that would be the view of all transgressors of law. 1758. Do you think men would be likely to become more honest if the Eighth Commandment were abolished ? Certainly not. 1 presume that the offenders against a law feel the greatest enmity to the law. 1759. In reference to the changes in the examination for the classical school that were made about the year 1852, is it not the case that before that time the examination was upon ancient philosophical authors, illustrated by modern works, and not an examination into the philosophical problems of the day? That was the case with the older examination before 1852. (17.) A a 1760. But Ig6 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. W. Ince. i 760. But under the present system of examination, the field of inquiry - — - ranges over the whole subject of metaphysical speculation, does it not ? 10th March 1871. Y es 1761. And that at the same time is still under the classical school ? Yes ; it is part of the Uteres humaniores school. 1 762. Is that change warranted by the Statute of 1852 ; or is it an excresence that has grown out in practice ? The actual practice of the examination has been rather beyond the letter of the Statute. It has been greatly determined by the examiners from time to time. 1763. Lord Colchester.] You were asked some questions about the endow- ments in your own college; I think your college was one of the. first which reformed its statutes under the commission, was it not? Yes ; it was one of three which made their own statutes. 1764. And consequently, altogether the changes introduced into your college were much less than they were in others ; for instance, you have some local scholarships connected with the Diocese of Exeter, have you not? Part of the scholarships were retained, with a preference for the Diocese of Exeter. 1765. And also you have one fellowship, I think, specially for the chaplain? There is a chaplain fellowship, which is in the gift of the Dean and Chapter of Exeter. 1766. Do you attach much importance to that fellowship as securing a person in the governing body of the college, who would be fit to conduct Divinity instruction, supposing tests generally were swept away ? Such a chaplain fellow would most undoubtedly be used for that purpose then. The present chaplain takes no part in the actual religious lectures in the college. 1767. What was the cause of the exhibitions you referred to being generally vacated so long before they are necessarily vacated ? They were vacated by non-residence. A condition of the holding the exhibi- tion is, the holder's residing. They last for seven years, if the exhibitioner is resident during the whole of that time. 1768. I think you mentioned these exhibitions being recent endowments. Have you many post-Reformation endowments in Exeter? Five-sixths of our present endowments are later than the Reformation. 1769. Should you consider it both desirable and important that if such a Bill as this were passed, in general a distinction should be drawn between the pre- Reformation and the post- Reformation endowments? I think it might be fair so to do, but I confess I do not see a practical plan by which it might be carried out, as the endowments have been thrown together very much. 1770. Suppose all separate colleges or separate fellowships founded since the Reformation were exempted from the operation of the Bill, would it not give free scope both to those who wished and to those wh.p did not wish for an educa- tion restrained by tests ? The different endowments have been so fused together by later arrangements, that it would be extremely difficult to point out what fellowships were supported by old pre- Reformation endowments and what were supported by the later ones. 1771. Is that one of the points on which it would be difficult to legislate, with regard to tests, without touching other arrangements of the University? Yes. 1772. Should you say that there are many points upon which this question of tests touched deeply the general system of the University, which has been con- structed upon the view that the tests have for some time existed ? Yes, undoubtedly, all the arrangements in regard to the teaching of theology, the University sermons, and such like. 1773. So SELECT COMMITTEE ON UNIVERSITY TESTS. 187 1773. So that supposing a great change is necessary, it would be highly R ev . w. Ince. desirable if it could be connected with a view of the general state of things at Oxford, would it not, rather than be treated in this isolated manner ? 10 th March 18 71. Your Lordship refers to the endowments of the whole University. 1774. Should you not think that if some such measure as this were to be passed, it should be connected with the general question of any changes required in the constitution of Oxford ? They would naturally go together, I think, as part of the same scheme. 1775. I mean, that the constitution of Oxford has been thoroughly identified with its connection with the Church of England, and such a change as this must put the institutions upon a totally new footing? It would change the constitution of the Convocation by the introduction of a number of members into it who were not members of the Church of England. 1 776. Can you explain exactly the new School of Theology to which you have referred ; is it established upon the same footing as the School of Mathematics, the School of Law and Modern History, and the School of Natural Science? Yes. 1777. I suppose you consider, with the Commission of 1852, that it is a very desirable thing that the study of theology should be largely carried on at the Universities ? Yes, because so many students take Holy Orders. 1778. Do you consider that it is a benefit to the country that those who are about to take Holy Orders should be men of University education, rather than otherwise ? I think it would be one of the greatest losses to the Church if her clergy should cease to be educated at the Universities. 1779. And without some safeguards, the theological study at the Universities may be somewhat impaired, may it not ? The actual theological studies pursued in the School of Theology must, by the terms of the statute, be in harmony with the theology of the Church of England. 1 780. But you are aware that proposals have been made to separate even degrees in Divinity from tests ? Yes. 1781. Do you not think that if a wholesale abolition of all restrictions what- ever were carried out, the spirit of the place might tend to further changes : Yes, because persons taking such degrees would be admissible to professor- ships, and in that position they might determine the course of' instruction, and also the course of examination subsequently. 1782. Is it the general opinion in Oxford, that the effect of the proceedings of the Commission has been to diminish sinecure fellowships very greatly ; is not that a point upon which there is much difference of opinion ? I think there is some diversity of opinion, but I am not sure that I apprehend the point of your Lordship's question quite rightly. 1783. The opinion which you stated is a very moot point, is it not, in Oxford, as to the effect of the opening of fellowships in enforcing residence? The opening of fellowships and the withdrawing of the restriction of taking orders has undoubtedly led to a great deal of non-residence ; but there has been much more demand for teachers, caused by the educational wants under the altered state of things, which has found employment for a great many more fellows than were so employed before. 1784. Are you of the opinion of some persons, that those who obtain open fel- lowships are more likely to reside in London for the purpose of pursuing other careers than the fellows who were elected before these recent changes ? Yes ; at present, if they are not going ultimately to take Holy Orders, there seems no career before them at Oxford after they have spent a few years as tutors or lecturers ? 1785. The persons, therefore, whom you are referring to, are those who hold sinecure fellowships 1 Yes, on leaving residence in the University. (17.) a a 2 1786. With 188 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. W. hce. \ 786. With regard to the School of Philosophy to which so much allusion has 10th M™h 1871. Deen made ' y° u stafe that J°? consider the present study one-sided ? . * Yes, I think practically it is so. 1787. What leads to one side of the subject, in your opinion, being investigated rather than the other ; I mean one particular side ? I suppose it has been due to the influence of the teachers. 1788. The personal influences of the teachers? The particular choice of books and authors. 1789. I forget whether you have had anything at all of late years to do with these examinations r I was examiner about four years ago. 1 790. Should you say that the change you referred to, namely, giving the study of modern authors the principal place, instead of the study of ancient authors, dates as far back as the Statute of 1852, or that it is quite of recent growth ? It dates as far back as that, although it has been increasing and developing of late years. 1 79 1. Originally the study of Plato, and Aristotle, and Butler, as the principal works, was merely supplemented by references to later works of philosophy, written by modern authors, was it not ? Yes ; there was very little supplemented from modern authors. 1792. Previous to 1852? Previous to 1852. 1793. But should you not say that up to six or seven years ago the ancient authors, with the addition of Butler, were, as it were, the kernel, and the rest the appendage ? I should think that the change had taken place earlier than six or seven years ago. ! 794. But not to the extent to which it is stated to be carried at present by witnesses who have described the existing state of things? No ; that, I presume, is because more books have been written by those authors and writers, which are more abundantly studied. 1 795- Then, in your opinion, that change is owing less to anything in the statute than to the personal influences of particular examiners ? Of particular examiners and teachers, private tutors in many cases ; no change whatever has been made in the statute in regard to the subject-matter of the examinations. 1796. Earl of Carnarvon.] Taking the Bill as you find it, and looking to the existing state of circumstances at present in Parliament, what would be the changes which, in your opinion, you would desire to recommend with regard to these tests, because 1 apprehend, from some of the answers you have given, you are prepared to see some changes made. I should like to know what the extent is to which you think those changes can with safety be carried ? I should be prepared to see the University degrees, other than those in Divinity, opened as is proposed by the Bill. I should wish also to have a strong guarantee with regard to the service in the college chapel ; and where the tests are retained, that some other test than that of subscription to the Thirty-nine Articles should be substituted. 1797. You are aware of a proposal made in the House of Commons by Sir Roundell Palmer to the effect, I think, that all professors should declare that they would teach nothing contrary to the doctrine and discipline of the Church of England ; would that, in your opinion, be a sufficient and satisfactory safeguard ? Yes ; with regard to professors, I should be prepared to think that it would. 179 8 - I understood from your previous answer, that as regards Divinity pro- fessors, you would require from them a rigid conformity with the Church of England? ° J Ch \ a ^ most a ^ °f t ' iem at present are endowed with canonries of Christ Church, and therefore, as clergymen, they must have taken such tests. 1799. But SELECT COMMITTEE ON UNIVERSITY TESTS. 189 1799. But as regards all other professions, you would be satisfied with a R ev. W. Jnce. declaration similar or analogous to that proposed by Sir Roundell Palmer r i 0t ), March l8 Yes, so far as I have been able to consider it and see the bearing of that decla- ration. ] 800. I understand that you would be prepared to abandon the restrictions as to the M. A. degree ? Yes. 1801. And of course, in abandoning those restrictions, you would abandon also all restriction for the membership of convocation ? Yes. 1 802. When you come to the heads of houses and visitors, I presume you would preserve them upon much the same footing as they now occupy ? Yes. 1803. As regards college tutors, you drew just now, I think, a distinction between those who were invested with certain teaching functions, and those who were not ; did you mean by that, that those tutors who did not exercise teaching functions were persons in possession of what have been termed sinecure fellow- ships ? Many of them are. 1 804. Would you then be prepared to adopt a different course with regard to those who are employed in teaching in the colleges, and those who were holding the sinecure fellowships ? Yes. 1805. That is to say, as I understand it, you would retain either the test as at present, or some form of test, with regard to those who performed teaching duties, but you would abandon it, or relax it, in the case of those who were holding the sinecure fellowships ? I am not sure that I should abandon it ; but it seems to me that the question as between those two classes is very different. 1 806. Can you state to the Committee to what extent you would relax it ? Many men of all parties resident now in the University are looking forward to the abolition of these non-resident sinecure fellowships, and hoping that all those who hold fellowships will take part in the education of the college. In that case, therefore, there would be no room left for those who are not prepared to take such a test as it might be thought desirable to impose on those who might be engaged in tuition and instruction. 1 807. That would, of course, involve a general residence on the part of the fellows ? Yes. 1 808. But assuming that you maintain non-resident fellowships, would you be prepared in the case of those persons to relax the test very considerably, or to do away with it ? I should be not unwilling to do so, though I should certainly not be strongly in favour of so doing. 1809. As regards those fellows who taught, would you be prepared to make any alteration in the present test, or would you think it necessary to maintain it, as it now stands? I should be prepared to see a change from the present subscription to the Thirty-nine Articles, as I said in answer to a former question, to some less complicated test. 1810. A less complicated test, but one going to the same point, namely, con- formity with the doctrine and discipline of the Church of England 1 Yes. 1811. Would you be prepared to go as far as the declaration which you stated you would be ready to accept in the case of a professor, a declaration that he would teach nothing inconsistent with the doctrine and discipline of the Church of England ? No, I should prefer a further one, for that is purely negative. 1812. On what ground do you draw that marked distinction between the pro- fessors of the University and the tutors of a college ? /l Yes! -^1 10th March 1871. 1829. You are familiar with the provisions of this Bill? Yes ; I have read it with some care. 1830. Is it your opinion that the relaxation of tests which it proposes would be attended with detrimental influences upon the religious teaching of the Universities, and the colleges ? If the relaxation be made to the. full extent and in the manner prescribed in the Bill, it would seriously affect the religious teaching and observance in the colleges. 1831. You are of opinion that the fact of the fellows and the head belonging to the Church of England is a material guarantee, and an important guarantee, for the religious teaching of the college ? So long as the head and such of the fellows as are engaged in teaching are members of the Church of England, the tone of the religious teaching must necessarily be in accordance with that of the Church of England, and there will be a unity of religious life in the place. 1 832. And there is distinctly a religious teaching and a religious life dependent on that teaching, which would be affected by such a change? Certainly ; for there is not only instruction in religious subjects, but there is also a series of religious observances, such as the services in the chapel, at which all the members of the college attend. 1833. It has been stated by witnesses here, as well as by many out of doors, that there is practically no religious teaching in the University, or at the colleges ; you do not agree in that view ? No, I do not; there are continually lectures given in the Greek Testament ; there is also instruction given in the Old Testament ; there is instruction given in the history of the Church of England, and there are sermons preached con- stantly in the chapel, in which dogmatic points are brought before the members of the college. 1834. How many fellows are there in your college ? The number of fellowships is 14 ; there is one vacant at present. 1835. Are the fellows all resident? No ; there are but four resident. 1 836. Thev conduct the educational duties of the place ? The educational duties of the place are conducted by two. One fellow, who is resident, is Professor of Arabic in the University ; another is a Bachelor of Arts, who is engaged in private tuition ; the other two assist in conducting the studies of the place. Part of the instruction is given by a lecturer from another college, and our students go to colleges with which we are associated for such lectures as may be needful to them. 1837. But the Divinity lectures are given exclusively within the college? Not exclusively. 1838. Some of them are aiven by other colleges? Some of them are given by other colleges, with whom we are associated for purposes of instruction. 1839. But except for the purposes of those lectures the religious instruction of the college depends upon the two fellows you have referred to ? And the head. 1 840 Does the head take an active part in tuition ? He occasionally lectures on Hebrew, and he preaches frequently in the college chapel. 1 841 The college chapel, in your view, forms then the preponderant portion of the religious teaching of the place ? ( 17 \ A a 4 I should 192 MINUTES OE EVIDENCE TAKEN BEFORE THE Rev I should say that it forms the preponderating part of the religious education W. M. Campion, of the place. D ' 1842. Therefore, it would be from the suppression of the service in the college 10th March 1871. ^3™^ or from anything which ran the risk of such a suppression, that the greatest injury would accrue to the religious education of the place ? Yes, that is my opinion. 1843. But apart from the college chapel, and apart from the action of other colleges, it is upon those two fellows, who take part in the tuition, that the reli- gious teaching of the place depends ? ' Yes, and apart from the teaching that may be given by the head of the college. 1844. I understood you to say that the head of the college only took part in the religious teaching from the pulpit of the chapel ? I mentioned that he delivered lectures on Hebrew. i 845. Are there many theological students at your college ? Themajority of the students take Holy Orders. 1846. For the purpose of sharing in the college fellowships, or for other reasons ? According to the constitution of our fellowships at present, no person who accepts a fellowship of limited tenure is obliged to take Holy Orders. Perhaps it would save questioning if I were allowed to state what our tenure is. All our fellowships are of limited tenure. Every person who is elected may hold his fellowship until 10 years after taking his M. A. degree without any restriction whatsoever, either of celibacy or of any other kind. There is a provision made that if he takes Holy Orders within two years after his M. A. degree he may retain his fellowship, so long as he remains unmarried and is not in the posses- sion of an ecclesiastical living above a certain amount ; and if he should be engaged in discharging the duty of tutor or senior classical lecturer, or senior ma- thematical lecturer, then the years do not count in his tenure which he so spends. 1847. Are there any alterations in the Bill which, in your judgment, would diminish its evil effect? I have suggested some amendments by altering my copy of the Bill. If such changes as these were made, I think it would be found to modify to a great extent the injurious effect of the Bill. For instance, the third paragraph of the preamble might read thus : " Whereas it is expedient that such restrictions, tests, and disabilities should be removed under proper safeguards for the maintenance of religious instruction and worship according to the Formularies of the Church of England in the said Universities, and the colleges and halls now subsisting within the same." I think the words " the headship of a college or hall " and " tutorship" might be removed from the interpretation clause; and with respect to professorships, the clause might run thus: "The word 'office' includes every professorship other than Divinity professorships, and in Cambridge the professor of Moral Theology, Casuistical Divinity and Moral Philosophy." With respect to the sentence at the end of Section 3, which says, " nor shall any person be com- pelled in any of the said Universities, or any such colleges as aforesaid, to attend the public worship of any church, sect, or denomination to which he does not belong," I must say that I think it very undesirable that a young man, when he comes up to college, should be asked what sect, church, or denomination he does or does not belong to, and so to ticket himself throughout his career as having taken up or abandoned a certain set of opinions. Therefore I should like to see that clause modified according to the phraseology of the Elementary Education Act, so that it should run, " nor shall any person in statu pupillari be compelled, in any of the said Universities, or any such college as aforesaid, to attend any religious observance, or any instruction in religious subjects from which he may be withdrawn by his parent or guardian." With respect to Section 4 of the Bill, I do not quite see what the effect of it will be. 1 cannot understand that it adds any safeguard whatever. 1 848. The idea with which it is proposed, I imagine to be, that it would enable the fellows, in electing to fellowships to regard the provisions of the Ordinances passed by the University Commission which I think direct them to elect the persons best fitted to become fellows of the college as a place of religious instruction 1 I should SELECT COMMITTEE ON UNIVERSITY TESTS. 193 I should like to know what the bearing of it would be upon a particular case ^- • which I will put before the Committee. In Clause 3 it is said, that " From and ' M -^ m P l0n > after the passing of this Act, no person shall be required, upon taking, or to enable him to take any degree (other than a degree in Divinity) within the 1 0th March l8 7 1 » Universities of Oxford, Cambridge, and Durham, or any of them, or upon exercising or to enable him to exercise any of the rights and privileges which may heretofore have been, or may hereafter be exercised by graduates in the said Universities, or any of them, or in any college subsisting at the time of the passing of this Act, in any of the said Universities, or upon taking or holding, or to enable him to take or hold any office, or upon teaching or to enable him to teach, to subscribe any article or formulary of faith, &c. ;" I suppose "upon holding " means as a condition of his continuing to hold. 1849. I suppose so ? There are certain of our professorships, namely the three Regius Professorships of Divinity, Hebrew, and Greek, and the other Divinity professorships, under the statutes of the University, in the case of which it is competent to the Vice Chan- cellor, if at any time he shall think fit (of course acting upon proper cause), to require those holding these offices to sign the three Articles of the 36th Canon. The Statute says, " it shall be competent to the Vice Chancellor, if at any time he shall see occasion to do so, to require the professor to subscribe to the three Articles of the 36th Canon, in the form prescribed by the statutes of the University for candidates for degrees in Divinity ; and if after three requisitions the professor shall refuse so to subscribe, his professorship shall thereupon become ipso facto void." I should wish to know, before pronouncing an opinion upon Section 4, whether that clause of Section 3 would allow the Vice Chancellor to require any professor lo subscribe those Articles. 1850. Your opinion is that that would be a matter of considerable doubt, is that so ? My opinion is that the Vice Chancellor could not require him to subscribe according to the Statute. 1851. Is there not an exception in the Act in favour of the Professorships of Divinity ? No. 1852. Your view is that it would be necessary to repeat the words "other than a degree in Divinity," or rather to repeat analogous words iii the 16th line,, that it should read, " to hold any office other than a professorship in Divinity " ? It appears to me that the exclusion should come into the interpretation clause, so that the interpretation of the word " office " would run thus : " every pro- fessorship other than Divinity professorships, and in Cambridge the Professor- ships of Moral Theology, Casuistical Divinity and Moral Philosophy." 1853. Who appoints the tutors in your college ? The master nominates the tutors, and the fellows accept the nomination or reject it. 1 854. Is it your opinion that if the fellows consisted of persons of very different religious beliefs, the result would be to make the continuance of theolo- gical lectures difficult, if not impossible ? '" No. I may take this opportunity of stating to the Committee that under existino- circumstances 1 am of opinion that no test whatever should be required from a°person who takes a fellowship simply as a prize. Our fellowships are given simply as prizes. 1855. But they confer a vote.in the management of the college, do they not ? They do confer a vote. 1856. Do you think that a governing body divided into men of sharply con- trasted religious beliefs would be able to manage religious education ? No ; and therefore if my view were carried out, that a fellowship regarded as a prize should be given irrespective of any profession of religious belief, I think it would be necessary to add a clause such as the following : " Nothing in this section " (that would be the 3rd section) •< shall enable any person who is not a member of the Church of England, to take pare in the administration of the H7 ) B b system 194 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. system of religious instruction, worship, and discipline, which now is or which JV. M. Campion, ma y hereafter be lawfully established in the said Universities respectively, or in the colleges thereof, or any of them, or in altering the statutes and ordinances 10th March 1871. f the said Universities or colleges respectively relating to such instruction, *— worship, and discipline." 1857. The effect of your suggestion would be to separate those fellowships which conferred the power of teaching from those fellowships which simply gave a reward ? Yes. 1858. Would you continue the existing tests in the case of those fellowships which conferred the power of teaching ? I think it would be desirable that a tutor of a college should profess himself a member of the Church of England. At Cambridge our custom is, in a small college, to have not more than one tutor, or sometimes two. In the large colleges there are generally three. I do not think it would be necessary to require such a profession from the lecturers. The tutor is the person who stands to the undergraduates of the college in loco parentis, and who is most likely to exercise over them a control into which religion should enter. 1S59. There has been some difference of opinion amongst the witnesses who have been examined before this Committee, as to whether the tutor's office gives to him any power of influencing undergraduates in matters connected with their religious belief; what is your experience upon that subject f My experience as a tutor of a small college is that his connection with his pupils is so close, that he might exercise great influence over their religious belief. i860. How mady undergraduates have you at your college ? About 50. 1861. I suppose the amount of the influence the tutor could exercise would v.iry with the number of pupils that each tutor had, and consequently the expe- rience of various colleges would differ in that respect ? Yes, I should say so. i 862. Are there any other suggestions which you have to offer for the modi- fication of the Bill ? I do not understand the meaning of the word " lawfully," in Section 4 ; I do not know whether it means in accordance with the directions of the statutes of the college, or whether it means by the authority of Parliament. 1863. How would you alter it so as to make it unambiguous? By replacing it by the words, " by authority of Parliament." 1864. You have the power in your college, have you not, of altering the statutes, with the consent of the Queen in Council ? We have. 1865. That power might be exercised for the removal of that privilege given to clerical fellowships, which you mentioned just now ; should you not think it expedient that all changes with respect to clerical fellowships, or clerical head- ships, should be within the authority of Parliament alone? 1 should scarcely like to commit myself to such an opinion as that; I think that 1 such changes are to be effected, it would be most desirable that thev should be effected by a Parliamentary Commission ■ and of course all the changes tnat would be made in the statutes of a college bv a Parliamentary Commission would be laid upon the Tables of both Houses of "Parliament before they were finally approved of. 1 866 "i ou would not like them to be made by the colleges themselves after the preliminary agitation which would be a necessary prelude to any such exercise of their power ? If a Parliamentary Commission were appointed to revise the statutes of the college, I presume such revision would be made in connection with the governing bodies of the colleges as it was at the last revision when they conferred together ; recommendations SELECT COMMITTEE ON UNIVERSITY TESTS. 195 recommendations were made, and they finally came to an agreement as to the Rev. statutes that should be adopted. w. m, Campion, D.D. i 867. You would not think it expedient that such powers should be exercised by the colleges without the authority of a Parliamentary Commission ? 10th March l87u No. — *— — — 1868. Do you concur in the opinion which has been pretty generally stated, that to leave any changes of this kind to the discretion of the'colleges, would be to foster agitation to an extent which would be detrimental to the duties of the place ? I think in some colleges it might act in a detrimental manner. In a small college where you had a resident body of say three or four, if two or even one amongst them were always agitating for changes it would be very injurious. 1 869. Supposing the tests were removed, should you attach any value to a controlling power either in the visitor or in any other person to prevent the teaching of anti- Christian doctrine ? I should be afraid that the controlling power of the visitor in such a case would be exercised with difficulty unless it could be shown that such teaching was directly contrary either to Act of Parliament or to the statutes of the college. 1870. You think the term " Christianity" would be too vague ? 1 think so. 1871. Lord Colchester.] Did I understand you to say that you had only two fellows of your college connected with educational work in the college at the present time ? Yes, connected with educational work in the college. One of our fellows went out to be connected with educational work in India, and is now Acting Curator of the Botanical Garden at Calcutta ; another is the Astronomer Royal at the Cape of Good Hope ; another is Professor of Engineering at Owen's College, Manchester ; and two more are engaged in school work. 1872. But in the college you have only two fellows engaged in educational work ? We have only two fellows engaged in tuition at the college; one other fellow is engaged in taking private pupils. 1873. Are there any other fellows who are resident, but not engaged in the educational work of the college at this moment ? There is another fellow resident who is Professor of Arabic. He, of course, is engaged in the educational work of the University. 1874. By your present statutes a fellow who takes Holy Orders, whether resident or not, may retain his fellowship for life if he is unmarried ? Yes. ] 87,5. But a fellow who is not in Holy Orders, even if he is resident, loses his fellowship, unless his having taken part in the college work has enabled him to count some additional time ? Yes, there are three college offices, the holding of which suspends the running out of his tenure. 1876. Under the supposition that tests are abolished, do you attach great value to the maintenance of clerical fellowships as a valuable safeguard for the position of the Church of England in the University ? I am prepared to say now that I think that all fellowships regarded as mere prizes for success attained in the schools ought to be of limited tenure; of course, in that case, the clerical fellows would have the same tenure as the laymen. 1877. I mean, do you attach importance to the fact that a certain number of fellows are required to be in Holy Orders, as likely to be a useful safeguard to the Church of England, if some measure such as this is to pass, or do you con- sider it of no particular value ? The result of experience in my own particular college is, that although a (17.) b b 2 clerical 196 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. clerical fellow has the option of retaining his fellowship for life, provided he W. M. Campion, rema j n8 unmarried, yet it has not induced our fellows to take Holy Orders. 1878. You have no fellowships, then, in which taking Holy Orders is irn- ipth March -.8 71. pogcd uncon ditionaliy? No. 1879. In other colleges I suppose there are such fellowships? As a condition of tenure only, I think in some of the colleges they require a certain proportion of their fellows to be in Holy Orders. 1880. Do you consider that that is of any advantage to the Church of Eng- land ? I consider that it is a positive disadvantage, because at the very time that you want to fill up your clerical number, you may have a fellow who is not disposed to take Holy Orders. 1 881. Then you would not object to the abolition of such restrictions, and you think that those who fear the operation of this Bill ought not to hope that by retaining the clerical fellowships they would have any mitigation of its evils ; seeing that you consider it a disadvantage, I presume you would be glad to have such restrictions abolished ? I consider it a disadvantage as regards the individual. 1882. I meant it as regards the University? It would be an advantage as it regarded the University, but the individual would be sacrificed. 1883. Therefore you would not wish to abolish such rules where they exist? Yes; if I had the reforming of the college statutes, I would abolish such rules ; I would make all fellowships, regarded as prizes, in their nature terminable. 1884. Would you require any fellows to be in Holy Orders ? I would not require them to be in Holy Orders, but I would give them an opportunity of retaining their fellowships, in certain cases, if they were found to be in Holy Orders. 1885. And I understand you to say, that you would wish to retain a test for the fellows taking part in the work of the college, but not for the prize fellowships ? Yes, under existing circumstances, I would only require a profession of religious belief from a fellow who was to fill the post of tutor. 1886. Do you not think that, by discouraging sinecure fellowships, you would lower the standard of competition for fellowships by causing a number of persons who did not intend to reside, to cease to be candidates ? I can only speak of the operation of the system at Cambridge ; 1 consider that at Cambridge all our fellowships, considered in themselves, are sinecure fellowships ; they are prizes to which no duties are attached, except it be con- sidered a duty to attend a college meeting three or four times a year. 1 887. Your system is, that you always elect from your own college, so that at each particular election you can put your finger beforehand upon the man who ought to be elected ? It depends whether there is a man who comes up to the standard as deter- mined by the University examinations, if not we go out of the college. 1888. You have no examination of your own for fellowships? We do not examine for fellowships ourselves ; we rest upon the University examinations. 1 889. So that there is always one man who ought to get the fellowship, uuless he is obviously disqualified by the University examinations ? Yes. 1 890. Therefore it is not a matter of free competition ? No, the man is either up to the fellowship standard, or he is not. I wish to take an opportunity of stating something to the Committee whilst I remember it. I said Rev. W. M. Campion, D.D. SELHCT COMMITTEE ON UNIVERSITY TESTS. 197 I paid I was prepared to abandon, in the case of the prize fellowship, any test requiring the profession of religious belief, under existing circumstances. I should like to state to the Committee what I mean by " existing circumstances." Under the Cambridge University Act we were prohibited from requiring from ioth March 1871 any scholar any profession of religious belief. Under the operation of the late ■ Commission, the colleges established a number of scholarships to be given before entrance. Consequently we elect to scholarships a number of clever youths from all parts of the country, quite irrespective of their religious belief, and we are pro- hibited, in fact, during all the time of their residence with us, from asking them what their religious belief is. If one of these young men, upon taking a high degree which would bring him within the fellowship range of the college, is un- willing at that time to profess a particular religious belief, and so obtain a fellow- ship, there is likely to arise a soreness in his mind ; because, although we tell him beforehand, by stating it in the Cambridge calendar, that our fellowships are at present restricted to members of the Church of England, he, seeing that our fellowships are mere prizes, is likely to feel aggrieved at not getting the prize which he sees others get. 1891. That soreness is the result of the special system by which a man can beforehand know that he can expect a particular fellowship, is it not ? No doubt it arises a good deal from that. 1892. It would not apply to a system under which the election to fellowships -was upon a general competition, because it would not be possible to say before- hand that a particular man ought to get a particular fellowship ? No doubt the soreness arises partly from our system. We fully considered the question of public competition for fellowships at the last revision of our •statutes, but we came to the conclusion that it was more desirable for the colleges to elect their fellows according to the University standards than to have an examination of their own for testing their competency. We considered that it was very undesirable that the time of a young man should be continually frittered away year after year in trying for a fellowship at one college after another. 1893. I think you stated that the colleges in the majority of cases came to an agreement with the Commissioners as to their statutes ? There are no cases in which the statutes were not finally agreed upon for each college, 1 894. Therefore your new statutes were not, as was the case frequently at -Oxford, imposed by the Commission against the will of the college ? No. 1895. Am I to understand that, except in the case of scholarships, you do ask any question as to a young man's religious belief? No, I never ask any question, but I assume that every person who comes to me is a member of the Church of England until I am told that he is not. i 896. You would wish to retain a test for the head of a college, on account of the lectures which he gives, and of his general influence? On account of his general influence upon the religious life and the unity of the place. 1897. Has your college any post-Reformation endowments r A few. 1898. There are two or three colleges in Cambridge which are altogether post-Reformation, are there not ? There are three which are altogether post-Reformation. i8gg. Do you think it would be desirable, in a Bill of this kind, to draw a distinction between such colleges and the others ? I shouid be guided a good deal upon such a point by the wishes of indi- vidual colleges. 1900. Would not that lead to what you deprecated, namely, agitation within the colleges as to the decision of this question ? The agitation would be only temporary. (17.) b b 3 1901. You 198 MINUTES OF EVIDENCE TAKEN BEFORE THE iqoi. You mean that they should be allowed to decide oace for all, and that W.M. Campion, decision should he binding for ever ? d.d. Yes. loth March 1871. ^02. Do you see any distinction between a post-Reformation endowment at any of the colleges at Cambridge, and any endowment founded at the present day for Roman Catholics or Presbyterians, with which the Legislature, I pre- sume, would not think it right to interfere ? No, they come under the same category. 1903. Therefore, for the Legislature to throw open the post-Reformation en- dowments at Cambridge without tests, would be analogous to the Legislature throwing open Stonyhurst or Oscott to Protestants ? Yes. " 1904. And that, would be considered an injustice, would it not? Yes ; but before one pronounces upon the amount of injustice committed, one would have to go into the history of the post- Reformation colleges ; there is no college which has been founded at Cambridge subsequent to the Act of Unifor- mity, except Downing College. 1905. You mean the Act of Uniformity passed in the reign of Charles II. I YesJ 1 906 Downing College has been founded since that time ? Yes. 1907. But there are colleges which were founded between the accession of Queen Elizabeth and that time r Yes. 1908. Sidney Sussex is an instance, I suppose? Yes. You would have to ascertain from the statutes of the particular colleges what were the conditions of membership then. 1909. Do you think that there would be anything unsatisfactory in having some colleges open in compliance with the wishes of those who desire the open system, and others closed in compliance with the wishes of those who desire a strictly denominational system of education ? I was more favourable to the Bill in the permissive form than in its present form. The Bill in the permissive form would probably have led to that result. 1910. If this Bill could be converted into a permissive Bill, you would pre- fer it to the Bill in its present shape r If it were possible to make such a very great alteration, I should prefer Par- liament to pass an enabling Bill, repealing, if they thought fit, such restrictions as Parliament had imposed, and appointing a Parliamentary Commission to reform the statutes of each college, in connection with their governing bodies. 1911. Lord Rosebery.] You used the words " private tutors ;" I suppose I may infer that there is a system of private and independent tuition at Cam- bridge apart from the college ? Yes. 1912. Do not those private tutors exercise far greater influence upon the minds of their pupils than anyone holding an official tutorship? The character of our studies at Cambridge would render it impossible for a private tutor to exercise very great influence over the opinions of his pupils. Our studies are for the most part classics and mathematics, and the tutor in classics has' nothing to do with his pupil's opinions, nor has the tutor in mathematics. }9}3- In what way would an official tutor exercise an influence over the opinions of a pupil which a private tutor cannot ? Because an official tutor is brought into connection with his pupil in many ways. He has to give him advice. He stands to him in loco parentis. If the pupil is in any difficulty he appeals to the official tutor as his natural guardian ; so that the two are brought into very close relations. 1914. The SELECT COMMITTEE ON UNIVERSITY TESTS. 199 than* Ik Irtvzf hllf t0r i ^ mUCh m ° re intimate witb their P u P ils ™ fact »"• man cue private tutors are ? r v w . Mm Campion, res, in small colleges. d.d. nection' iT * T™^ J? '^ 6 a ^or could hardly be brought into con- 10 th "^ " *'- nection with his pupils at all, and would not exercise much influence over ^hJ^1£fi^ mB tUt ° rS W ° uld eXMdse influence 0ver their P«P ils ' 191 6. It is a question of the man and not of the office ? Yes, m a large college. 1917. Lord Lyveden.} Will you explain to the Committee in what sense you consider compulsory attendance at chapel a portion of religious teaching or education? ^ 8 I look upon an undergraduate as a person whose religious opinions are not formed, ana I think, therefore, that it is desirable that he should be subject to some religious observance in order that he may acquire habits of regularity, if for nothing else. & J ] 91 8. Do you consider that, without comment, or observation, or interrogation, an education ? > & > I think it gives a tone to his life. 1919. Like attending church on Sundays? Yes. 1920. It is an observance ? Yes, wholesome religious observance. 1921. What is the consequence of non-attendance ? Habitual non-attendance would lead to reprimand from the dean of the college. 1922. Frequent or occasional non-attendance is visited with impositions, is not it ? Not with us. 1923. It is merely habitual non-attendance that would be at all observed upon in the college ? There are prayers in the college chapel twice every day, and every under- graduate, as a general rule, is expected to attend once, and to attend twice on Sundays, If he absents himself, he will be asked by the dean his reason for doing so. If he has not a satisfactory reason to give, he will be told that he must attend. 1924. Are any undergraduates excused altogether when they arrive from attending chapel, in consequence of a variety of religious opinion ? I never had a case of an undergraduate who wished to be excused on account of his religious opinions. If such a case occurred I should write to his parent or guardian, and ask him if he wished his son to be excused attendance ; and if the parent or guardian wished him to be excused, I should ask the college to excuse him. 1 925. Then, I do not understand from you that that portion of the religious education is very strictly enforced ? Regular attendance at college chapel is enforced. 1926. But according to your account it does not appear to lead to any very grave consequences if the attendance is not regular ? If the attendance were habitually irregular, it would lead to grave conse- quences. 1927. But not if it were occasionally irregular ? No. 1928. You stated that you would exclude from tests those whose object was to take fellowships as a prize ? Yes. H7) b b 4 *9 2 9- H° w 200 MINUTES OF EVIDENCE TAKEN BEfORE THE Rev. 1929. How would you ascertain the object of a man in taking a fellow- W. M. Campion, s ^jp : D - D - I consider that all fellowships should be given first as prizes. 10t h March 187 1. ^ p^ ^ ^ ^^ Q f ft fellowship consists in the opportunity it gives of obtaining college offices and distinction, does it not ? The fellows are eligible to college office ; but for college offices they are paid iu addition to the fellowships, so that on their appointment they fill an office to which duties attach, and for which they are paid. 1931. Will you tell me how you would except from taking the tests, men who took fellowships as prizes ; would you have it indicated to you that that was their only object, and that they did not mean to enter afterwards upon college offices ? 1 would not impose a test upon any man upon his election to a fellowship, but if he wished to enter upon a college office, then I would impose the test. 193-2. You would transfer the test to a further stage ? Yes. 1933. Earl Stanhope.] You have stated that you think that a young man should attend the college chapel unless he were withdrawn by the wish of his parent or guardian ; do you think it is right to exclude altogether from con- sideration the personal opinions of the young man himself? I consider that the personal opinions of young men of that age must neces- sarily be in a very fluid state, as I should call it ; and I do not think the young man himself should be called upon to solidify them by expressing his approval or disapproval of any church, sect, or doctrine. 1934. Take the case of any young man, in statu pupillari, becoming a con- vert, say, to the Roman Catholic Church, whilst his parents remained in the Church of England ; should you think it right, in that case, merely to be satisfied with the approval by his parents of the Church of England, and compel him, though a Roman Catholic, to attend your chapel services ? Certainly, because I consider that I stand in the place of his parent, and as his parent, if he were living at home, would compel him to attend the service of the Church of England ; so I, standing in the place of his parent, must compel him to do at college what he would be required to do at home. 1935. Do you hold the opinion then, that under the age of 21, a man is unable to form an opinion upon a religious subject? No ; but I hold the opinion that before the age of 21 it is not desirable that a young man should commit himself to an opinion upon religious subjects. 1 936. If he has committed himself, and has joined the Roman Catholic Church, do you think that any good either to himself or others would ensue from his compulsory attendance upon the service of the Church of England ? No ; but I remove the responsibility from myself to his parent. The parent places him at the college, and with respect to the religious instruction that is to be given to him and the religious observance that is to be required of him while he continues at the college, I ask the parent to say what he considers necessary. 19,37- ^ e nave had evidence before us, that at some of the colleges at Oxford, the attendance at chapel is now considered as voluntary, and as a thing to be encouraged but not prescribed ; are there any colleges at Cambridge where that is the case ? I am not aware of any. 1938. Supposing that in your own college the remonstrances of the dean, which you have mentioned, were disregarded by a young man, what further steps would be taken ? The dean would appeal to me; if my remonstrances were ineffectual, I should appeal to the head of the college ; and if the young man were found to be incorrigible, he would then be severely punished. 1939. In what way ? Probably by being sent away from the college. 1 940. By expulsion ? No; by rustication, not expulsion. 1941.. That SELECT COMMITTEE ON UNIVERSITY TESTS. 201 1 941. That you would do even if he alleged religious scruples ? R ey . I should do it ; because, as I say, 1 cannot listen to religious scruples from a W.M. Campion, person who is regarded in the eye of the law as under the control of his parent ™-_ or guardian. 10th March "1871. 1942.^ Lord Houghton.] Has not the feeling in favour of the abolition of ~ "~ University Tests at Cambridge very much increased of late ? It has increased. 1943. More in the larger or in the smaller colleges t I think, probably, it has increased more at Trinity than it has at the other colleges. The opinion upon the subject, among the resident body, I should think, is now about equally divided. 1944. Trinity has led the way ? Yes. 1945. Lord Stanley of Aldcrley.] I think you said that you would wish an exception to be made in favour of a test to be imposed upon professors of Di- vinity ; would it not also be necessary to have restrictions upon professors of zoology and medicine, since, judging from what we have seen elsewhere, those professors would have great opportunities of undermining the faith of the under- graduates ? I should not be disposed to impose a restriction upon such professors. 1946. Not upon their teaching anything contrary to religion? No, I think that they would not be likely to enter upon the subject ; it does not come within their province. 1947. Are you not aware that in the schools in Paris and other places it is very much entered upon ? I should have sufficient confidence in the good sense and good taste of our professors who are not Divinity professors to entrust them with that liberty. 1 948. Chairman.] As a matter of fact, have any of the professors in chairs not directly concerned with religion been in the habit of introducing religious subjects into their lectures 1 I have never heard of anything of the kind at Cambridge. 1949. That has been said to be the case at Oxford ; you do not acknowledge that it has ever been the case at Cambridge ? No, 1 have never heard of it. 1950. With regard to some questions you were asked about the scruples of young men, there has been a conflict of view between witnesses before this Committee as to whether the young men at the University should be looked upon as men or as sixth-form boys ; in which capacity would you mainly regard them? I look upon them as in a transition state from sixth-form boys to the state of manhood. 1951. But you do not consider them to be in a condition in which they should be encouraged to enter into religious controversy, or to take a definite contro- versial line ? No ; I entirely deprecate bringing such subjects before young men of that age in a controversial way. 1952. Do you not think that the effect of bringing controversial subjects efore men at that age is likely to end in after life in their having very little belief at all ? Yes, 1 think it is. 195'}. Earl of Carnarvon.] Are you aware of the declaration which it was proposed by Sir Koundell Palmer in the House of Commons to enact with regard to professors, that they should teach nothing contrary to the doctrine and discipline of the Church of England ? Yes. iq^. Would such a declaration, as applied to the professors at Cambridge, be, in your opinion, a sufficient or a satisfactory safeguard? I should not recommend the requiring of such a declaration from the professors (]7.) Cc of 202 MINUTES OF EVIDENCE TAKEN BEFOHE THE ul'all ibices. At present a professor, as such, who is not a Divinity professor, is if. M. Cwpion, simply required to declare that he will conform to the Liturgy of the Church of d.b. England. 10th March 1871. iq-s. That, of course, is a tighter restriction than the one which Sir Roundell Palmer has proposed : I interpret the declaration, that he will conform to the Liturgy of the Church of Eno-land, simply a* meaning that he will not attend Dissenting- places of worship. 1056. I assumed in my question, that the declaration which Sir Roundell Palmer proposed would be of a negative character ; whereas that which you were mentioning would be rather of a positive character, would it not ? I do not think it has been held that the promise, " 1 will conform to the Litur^v of the Church of England," necessarily implies that the person who makes' it is to he a diligent attendant at the public worship of the Church of England. 1057. Therefore von would wish to see the declaration which is at present in force retained ? As there is a feeling against the imposition of these tests, 1 should not wish to retain a test in any case where I consider it to be unnecessary ; and, therefore, with respect to professors in general other than Divinity professors, I would relax the tests altogether. 1958. Assuming that such a declaration would meet the case, in Oxford, would you be satisfied with it in Cambridge ? I should not like to see the test imposed. 1 959. I think you lay considerable stress upon the maintenance of the chapel system at Cambridge ? Yes. i960. Will you be good enough to say whether from your personal expeiience you have had reason to believe that the influence exercised by it upon young men was beneficial ? Certainly, I should say that it was beneficial. 1961. Have individual cases come to your knowledge which have led you to that conclusion ? I cannot say that individual cases have come to my knowledge which have led me to form such a conclusion, because it would imply that the ordinary conduct of the undergraduates would lead me to a contrary conclusion. 1962. What I rather meant was, that your own personal acquaintance with the young men, and your experience generally at Cambridge, has given you a definite impression that the attendance at chapel did lead to beneficial, moral, and religious effects upon them ? Yes. 1963. Turning to this Bill, which of course you have read through, what would be your impression of the main dangers to which it would lead, as applied to the University of Cambridge ? If the Bib were carried out entirely as it is, I think that in some colleges, and especially in the smaller colleges, an element of religious discord might be intro- duced which would tend to destroy the religions character of the place. For instance, we have four fellows in residence ; supposing we were to elect a fellow who took a strong line against the Church of England, or against Christianity, and who was also allowed to take part in the teaching of the college, it would almost necessarily result that all definite religious teaching or religious observance must be given up. The unity which at present prevails would be destroyed, and before we could rise up to any state of denominationalism we must pass through a period in which there would be an utter absence of all religious teaching or observance. 1964. The preseut system, in your opinion, to a certain extent, at all events, guards you against that danger ? Yes; the present system certainly secures peace in the smaller colleges. *9 6 5- Is SELECT COMMITTEE ON UNIVERSITY TESTS. 203 '196.5. Is there any other part of this Bill which, in your opinion, would be Rev. dangerous if it was to become law ? W.M. Campion, No ; the only danger that I see in the Bill is that which has regard to the _ D ' "* teaching in the colleges. ioth March 1871, 1966. As regards the Universities, you would not be so apprehensive? No; on this account, that the University is really more like a civil incorpora- tion, whereas the analogue of a college is a fitmily. 1967. So that what you would really care for would be some provision which would more or less maintain the domestic character of the colleges, and the teaching which is given there by those who for the time being are placed in the position of parents and guardians ? Quite so. 1968. Chairman.'] Is there any other point that you wish to slate to the Committee, which has not yet been brought out by our questions ? There is one point which I would wish to mention to the Committee. Tn Sub-section 1, of Section 3, it is provided, " Nothing in this section shall render a layman, or a person not a member of the Church of England, eligible to any office," and so on. I am inclined to think that, under the recent Act of Parliament, which allows a man to lay aside his orders, a man might be elected to an office as clergyman, aud afterwards become a layman, and not vacate the office. Therefore, -for the word " eligible," 1 should like to sub- stitute the words " capable of holding." 1969. I suppose that that is an alteration to which you would not expect any very large practical effect to be given ; it would provide for a very exceptional case? It would be an exceptional case, but such exceptions are not altogether improbable. 1970. The case you contemplate here is where a man should undergo a very large change of opinion, and in consequence abandon his orders, and yet retain a college office which had been given to him on the faith of his orders? Yes." 1971. Is there any other point that you would like to mention? It may seem hypercritical, but I object to an expression which occurs in the first paragraph of the preamble, in which it is said, " it is expedient that the benefits of the Universities of Oxford, Cambridge, and Durham, and of the colleges and halls now subsisting therein as places of religion and learning, should be rendered freely accessible to the nation." I do not know what is meant by making a college, as a place of religion, more freely accessible to the nation than it is at present. 1972. You find a difficulty in putting a meaning upon those words ? Yes. 1973. Do you not think it is somewhat hypercritical to require a meaning in the preamble of an Act of Parliament? Perhaps I might be considered guilty of a breach of privilege if I answered that question in the affirmative. 1974. Earl Stanhope.] You are aware that preambles have no enacting force? Yes, I am aware of that. I would also point out another small point, and that is that the paragraph in the margin which describes Section 3 is not co-extensive in meaning with the section itself. The paragraph says, " Persons taking lay academical degrees, or holding lay academical or collegiate offices, not to be required to subscribe any formulary of faith, &c." ; there is no such limitation as to office in the section. 1975. Chairman.'] These marginal notes, I believe, are of no Parliamentary authority, but are merely inserted by the printer? I was not aware of that. 1976. Is there any other point to which you wish to draw the attention of the Committee ? No. , The Witness is directed to withdraw. (17.) "2 204 MINUTES OF EVIDENCE TAKEN BEFORE THE The Reverend EDWARD C, WOOLLCOMBE, is called in ; and Examined as follows : Rev. )Q77- Chairman.] You liave been, until lately, a Fellow and Tutor of Balliol E. C. WooUcombe. Co]lege> ] iave you not ? 10th March 1871. I am still a fellow, and I have been a tutor until very lately. 1978. How long is it since you resigned that office? 1 resigned just before the long vacation of 1869. 1979. You have given a good deal of attention, I believe, to this subject of tests ? Yes. 1980. Will you give the Committee your opinion of the mode in which they work at the University of Oxford ? Up to this time, having lived as a fellow and tutor in my college continuously for more than 30 years, I certainly have not found the tests working at all injuriously (I am speaking of a very small college), and I will give you evidence of that. We have at this moment, as a fellow of Balliol, a gentleman, who, I believe, was brought up and came to the University as a member of the Pres- byterian Kirk. Although he was educated as a Presbyterian, he found no difficulty in accepting the only test required, namely, conformity to the Church of England ; he is, at this moment, a fellow and lecturer of Balliol College, and he goes on with us, and we with him, in perfect amity. 1981. Your opinion, therefore, is that tests have not operated to produce any great exclusion ? They have not done so in my own experience at all. 1982. Do you think that they have operated to prevent diversity of opinion? We have had a great deal of diversity of opinion, but within the allowable limits of the Church of England; and when it happened, as it has happened in my own college in the case of two fellows, that these limits were overpassed in the direction of the Church of Rome, those two fellows resigned their fellow- ships. 1983. You have never known of any resignation on account of passing the limits in the other direction, have you? No; I have not in my own coilege. We are a very small body; at present there are 11 fellows only, and there were never more than 12 at any time. 19S4. Have you ever heard, in the University, of any person resigning on account of his opinions going too far in the opposite direction, to the Church of Rome ? Yes; of course in these matters one does not know with certainty ; but I believe the late Mr. dough's was a case of that sort. He was considered to have been over-scrupulous, but that was supposed to be the reason of his resign- ing. He was at Oriel College. 1985. It has been reproached to tests that under them as great a diversity of opinio^ takes place as could possibly occur if they were removed ; you do not concur in that view of their operation ? I certainly do not as to Oxfurd, nor particularly as to my own college, of winch I can better speak. 1986. The effect of the tests is to produce considerable uniformity of opinion, and therefore of teaching ? Yes. 1987. I suppose even where the uniformity of opinion is not arrived at there is a delicacy on the part of those who have taken the tests about teaching any tJnng which is contrary to them ? We entirely trust one another. It is known upon what terms of conformity, ar. any rate, each man has entered the body. No one asks or suspects anything more. Every man is supposed to go on conscientiously upon the terms upon which he was admitted. 1988. As a matter of fact, you think they do go on conscientiously ? I should loth March 1871. SELECT COMMITTEE ON UNIVERSITY TESTS. 205 I should say so certainly in the case of my own college, where our differences E c Portlcombe are very considerable. 1989. We have received much evidence to the effect that extensive infidelity is produced by the studies rendered necessary by the present arrangement of the Final School ; does your experience point in the same direction ? I could not say that. I could not say that extensive infidelity is produced. I certainly do believe, though I can hardly give distinct evidence upon the point, that many young- men's minds are and have been, to a certain degree, unsettled by it, but I -have no case before my mind in which it has gone to the extent of infidelity. 1 990. You think that there is a cause operating in that direction ? I must say that I think the philosophical studies of the University, as has already been laid before your Lordships this morning by evidence from Oxford, have a dangerous tendency ; I mean, that of the modern books which men are encouraged to read by the examiners, some are likely to be injurious to young men unless balanced by what I think alone can or ought to balance them, namely, distinct and definite Christian teaching; I do not in the least wish to exclude any book whatever, or put any ban upon it. 1991. But you think that the examiners do put questions upon particular books which, read by themselves without this corrective, are of an injurious tendency ? Yes. 1992. Is that the action of particular examiners having proclivities in that direction, or the general practice of all examiners ? It seems to me almost inevitable, that when the subject of moral or mental philosophy is studied, it should be carried out to the discussion of all questions arising upon it. I should not be inclined myself to lay great stress upon the individual tastes of the examiners. Of course they would have such tastes, but I think they would rather consider that it was due to the subject to treat it in all its bearings. 1993. Do you think that questions of this kind have more influence upon the final school, or upon the examinations for college fellowships ? Upon both. They are the most interesting studies in the University : themost dis- tinguished pupils, or perhaps to speak more correctly, the largest number of active minded young men, go into the Uterce humaniores school. Of course there are very able men going into the other schools, but that is the school which has the most attraction, from a reason which has been laid before the Committee, that the fellowship examinations are very much constructed upon those studies. 1994. And therefore Oxford is more and more throwing her weight into these philosophical studies 1 Yes. 1995. Do you think that that is a healthy direction for the studies to be developed in ? I should be very sorry to see any restriction put in the way of those studies. The only remedy which I desire would be the pari passu study of Christian doctrine. 1996. If this Bill passes, do you think the application of that corrective will be endangered ? Yes. 1097. And that will be not only an injury to the young men, but a wrong to the parents who send their children to the University ? Yes, in the greatest possible degree. 1998. Do you think it will be felt so by the parents from whom the Oxford men come ? . ,, , , . , , I have no doubt it will be felt so in proportion as the parents realise what these studies are, and how they must tell upon unformed minds. ioqq You think that the Christian religious teaching of the colleges in the University is a solid and substantial part of the present University educat.on ? It seems to me that there has been a considerable change, not so much ot : i7 x c c 3 distinct <,qq MINUTES OF EVIDENCE TAKEN BEFORE THE distinct legislation, but of temper and tone as to that teaching. To express E C wJollcomoe myself perhaps a little more clearly, I mean that fewer Divinity lectures are given in my college than were given during the main part of the time that I was ioth March 1871. + utor there. I do not mean to put it down to my having ceased to be a tutor ; still 1 think those which are given are less calculated to bring about my object. -000. Is that change working in a similar manner in other parts of the University? ... . ,, . , ,. . . , . I believe that the number of Divinity lectures in colleges is rather diminishing. It is only fair to say, upon iae other hand, that we have more Divinity professors lecturing than we had sit the time I am referring to ; and the lectures of some of them arc largely attended, but they are attended rather by senior than junior students on the whole. •_ooi . If this Bill passes, do you think that those Divinity lectures will diminish in number ? Yes. 2002. Do you think that there will be more difficulty in the governing bodies of colleges entering upon the question of religious teaching at all, if they consist of persons of very various opinions? Yes ; it will be partly from that reason, and I also think it will follow a good deal from there being fewer clergymen who uould be, though not the only, the most natural persons to give such lectures. ^003. This Bill does not affect the clerical fellowships ? It does not; but it does not secure the residence of such fellows. In my own college at this moment we are by law required to have four clerical fellows, but one is ceasing to be a fellow, and there are only two at 1 his moment, so that at our next election we must of necessity elect a clerical fellow to complete the minimum. At present we have only two, whereas we are required to have four. 200_i. It was stated to us by a previous witness, that persons who competed for clerical fellowships were persons of inferior intelligence, character, and morality, to those who appeared in competition for the fellowships which were not clerical ; do you concur in that view ? I have had experience of one election to a clerical fellowship. Certainly the number of candidates at that election was not so large as it would have been for another fellowship, as it is obvious it was not likely to be ; but we found a dis- tinguished Hebrew scholar, a person who had also obtained the Chancellor's prize for an English essay, and we were able and very glad to elect him. There- fore, in my own experience, I have not found that the clerical restriction has deteriorated the quality of the candidate. 2005. Do you think that that opinion of the relative merit of clerical fellows is largely held in the University ? There is no doubt that at present the clerical fellowships are acquiring the name of close fellowships, from the fact that the competition for them is not so great. 2006. A set is being made at them ? Yes. 2007. Do you look upon the college chapel service as an essential part in the religious education of colleges? I look upon it as most essential. 2008. As more essential than any other? Much more. 2009. If you had to choose, you would rather retain that and abandon the rest, than retain the rest and abandon that ? Yes. 2010. I believe the attendance at chapel is not compulsory at your college r No ; of late years it has ceased to be so. 20ii. Have you found any evil effect from that absence of compulsion ? SELECT COMMITTEE ON UNIVERSITY TESTS. 207 It has most materially affected the attendance of the young men at the week- Rev. day services, but not much on Sundays. E - °- Woollcombe, 20 1 2. Do you think it has injured the tone of the college in any way ? io th March 1S 71. We have not had sufficient time to test that, as the present rule has only been in operation about two years, I believe. •2013. Is there any kind of hostile public opinion against the young men who do attend the chapel ? No, not at all. 2014. Should you say that the majority of the college went, or stayed away? It is a very small minority of the college that goes to the daily services in the "week. 201,5. How many ? This morning there were seven out of a college of 120 ; I speak of the under- graduates. 2016. Before the compulsion was abolished, I suppose the whole 120 went ? No ; I held the office which is generally called the office of dean, and superin- tended this matter for very many years, and it was my practice, quite approved of by the college, to exercise a considerable discretion. Every one in the college knew that he was required to attend ; I kept the requisition constantly before their minds, but I exercised large discretion as to the way in which I applied it to individual cases. 2017. The obligation was abolished, I suppose, by college meeting? Yes. 201 8. With the assent of the head ? Not with the assent of the head, as well as I can recollect. 20 1 9. Was it abolished by a large majority ? Yes, by a considerable majority. 2020. But on Sunday you do not find that the effect has been very great ? On Sunday attendance is still required, but the requisition is not stringently applied. 2021. Do you think if the requisition was abandoned your number would sink to seven on Sundays ? No, certainly not, at present. 2022. Is the college chapel at an earlier hour than the undergraduates gene- rally get up ? No, it is at eight o'clock on week days ; on Sundays it is at a quarter to nine. 2023. How many Divinity lectures have you in the college ; At this moment, I believe, there are two Divinity lectures in the college, or at the utmost three. 2024. Every week ? Yes ; every week. 2025. I think you said you would anticipate that the number of those lectures would be diminished if the Bill pas?ed ? Yes. 2026. Do you think that the influence of the tutors in a college depends upon the lectures that they give, or is it more exercised out of the lecture hour ? I think it depends' upon both, upon the ability and energy of the tutor as a lecturer, and upon his character as a man ; I mean to say that I would not at all exclude from his influence that which is directly won by the capacity which he shows or does not show in his lectures. 2027. Do the undergraduates of your college mainly study by the help of the college tutors, or do they generally avail themselves of the help of private tutors ? , Of late years there has been very little private tuition in our college compared with what there used to be; 1 do not say that ihere is none, but it has been argely reduced. (i7 # ) c c 4 ^028. The ^Qg MINUTES OF EVIDENCE TAKEN BEFORE THE 2028 The college lectures by an interchange between the colleges, or for E. €. Woollambe. other reasons, have become more effective than they used to be? 10th March 1871. Yes; very much more effective. o *g One of the witnesses told us that he thought that the college system was gradually disappearing in the University ; should you say that that was the tendency of events ? Yes ; I think so. 2030. Do you regard that as an advantage or an evil? I legard it as a great disadvantage. 2031 Should you say that it would be still a disadvantage if this Bill passed ? Ye* If this Bill passed as it stands, I should hope that the colleges might be able to maintain their place, and to do their work. Although, in my opinion, it would give them a great blow, I do not think it would destroy their efficiency. 2032. Nor their utility ? Nor their utility. 2033. You woidd not be afraid, by reason of the college system, of greater powers and opportunities being given for anti-Christian teaching? I think the position of tutors of the college would be more difficult. Both in what the Bill contains and in what it omits there is a great deal that I dislike. 2034. What changes should you propose in the Bill, both in the way of omis- sion, and in the way of addition ? I should wish myself to have it specially secured that the college chapel should be used for the service of the Church of England exclusively. 2035. Are you aware that the Act of Uniformity does not contain any pro- vision enforcing the use of the* college chapels for the service of the Church of England ? Yes. 2036. But that its action is purely negative ? Yes. 2037. Should you propose to insert any definite provisions of a positive cha- racter with respect to the service ? I should wish to do so ; I should wish to put it in the forefront of the Bill. 2038. Is there any other change you would wish to make? I believe it is sufficiently secured by the Bill at present; but I should certainly like to bring in, in whatever way the wisdom of Parliament thought the proper way, this point, that the headship of a college should be clerical wherever it is clerical at present. I do not wish for any limitations upon lay headships where no limitations exist now, but I wish specially to secure the clerical headship where it now exists. 2039. I think there are only two colleges, are there, in which the headship may be fny ; I do not speak of halls, but colleges ? I am not quite sure of that ; certainly there are but few. But there is an effort being made at this very moment to open the headships of colleges to laymen. 2040. Is there any other alteration that you would like to see made in the Bill ? I wish just to mention what I think is the exceeding importance of main- taining the clerical fellowships as they are. It is this, that I do not see any other means of securing even a portion of the tutorships in the hands of members of the Church of England. I see great difficulties in doing this, and I do not v\ant to fetter the colleges at all more than I am obliged ; I think there will be very great difficulties in limiting the tutorships as distinguished from the fellowships to members of the Church of England ; for this reason, that small colleges (such as that to which my experience is confined), can have but a small body to elect from. You have able men there, and when a person has been elected a fellow of the college and is intellectually perfectly capable of being a tutor, I think there would be a very great difficulty, a difficulty which would amount almost to an impossibility in excluding him from a tutorship, unless there was something against his moral character. Therefore, while desiring to have the tutorships in the hands of members of the Church 01 England, SELECT COMMITTEE ON UNIVEBSITY TESTS. 209 England I do not see my way to secure that object, except by maintaining the Rev. clerical fellowships. 1 should be satisfied with the clerical'fellowships being E. C.Woolkomhe. retained at the amount at which they stand at present. ' iothJtooTi8 7 i. 2041 . Including the clerical headships ? Including the clerical headships, in order that there might be an opportunity given to the college of having at least a portion of its tutors clergymen. 2042. Subject to that exception, you would be content to open the tutorships to Dissenters without any test? Yes; always understanding the word " Dissenters," as' I was, I hope, correct in understanding it to mean, those who hold essential Christian doctrine; I should distinctly not wish to open fellowships to those who are not Christians. 2043. How would you exclude them? I should exclude them certainly by some test, however devised ; I do not want any more stringent test than would exclude a Socinian. 2044. Do you not imagine that the principal operation of this Bill, if passed as it stands, would be to admit persons who were on the other side of the Soci- nian line, rather than Dissenters who are within it ? I incline to think that it is a very possible contingency that at no distant time we might have persons of Socinian opinion as fellows of colleges, and possibly Roman Catholics. Such persons I have no desire to see as fellows, because I think that the unity of the college must be broken up by the introduction of these extremes ; I think the direction at present is more on the side of Soci- jnianism. 2045. There is no intellectual movement towards what is called orthodox dissent, is there ? I should think not. 2046. And consequently it would be rather the Socinians and the Roman Catholics, than the orthodox Dissenters, whom this Bill would in practice admit ? Yes. 2047. You would wish to exclude the Socinians by some test? Yes, I should wish to exclude them from holding fellowships, and certainly from holding tutorships ; but I say I do not see how I could exclude them as tutors, if I once admitted them as fellows. in ;e 2048. Do you think that any prohibitive enactment would be of any avail ii preventing them, if they became tutors, from using their influence to propagat their opinions ? I am entirely opposed to interposing any new restrictions when a person has once entered a college. I think it must be before he enters the body that you must restrain him, and impose a test upon him. After he is admitted to it, I -would treat him as an equal in all respects, and put no bar in his way whatever; if a Nonconformist he would already know that he was not eligible, as such, to a tutorship, appropriated to a clergyman. 2049. You do not think that any general prohibition applying equally to all fellows would be of any avail ? I do not mean that ; I think that in order to compass my object of preventing Socinians from being tutors, it is necessary to have security with regard to the fellowships, that the fellows should at least conform to the Church of England. 20^0 Do you think it would be desirable, in case the tests were abolished, to enable parents to remove their children from any tutor to whose teaching they °^yS; but I do not think very much result would come from that unless the young man was removed from the college. 2051. There is still enough of the collegiate system remaining to place such a young man very much under the influence of a tutor ? Yes. 20*52 You do not think that if this Bill passed the collegiate system would give a special advantage, such as it wouk^not possess otherwise, to anti-Chnstuan „ 10 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. teaching, from the power that it would give to small collections and cliques of E. C. Woollcombe. m en ? — \V ith such securities, slight in appearance, but, as I think, real in amount, as ivw March 1871. j have j ust now indicated, I should not fear for the issue. 2053. But assuming that no test was possible of any kind ? Then I certainly think that the colleges might be perfectly abused from their present purpose, and from their original intention. 2054. Lord Stanley of Alder ley.'] Did you ever hear it anticipated that the week-day chapel would be abolished in Balliol after the compulsory attendance was abolished ? No. 2055. Lord Houghton.] Has there been any agitation in any of the colleges on the abolition of the week-day chapel ? Not that I am aware of. 2056. Do you regard the week-day chapel as bearing much on the Sunday service ? Yes, I think it does. 2057. Has it more effect than a habitual attendance upon week-day services would have upon the Sunday service in ordinary life ? I do not mean more than that, but I think the two things go together when there is an opportunity for both. I think young men who are encouraged to attend daily at the morning services are seldom absent on Sunday. 2058. Do you not think that an over-familiarity and consequent disregard might be engendered bv making the daily service something in the nature of a roll call? I admit the danger if it were treated as a roll call, but that of course is removed when the attendance becomes voluntary. If I held the position of tutor under the voluntary system, I should encourage my own pupils, subject to dis- cretion, to go to the daily service. 2059. Lord Lyveden.] What do you think is the state of opinion as to the repeal of these tests in Oxford now ? It is very much as was mentioned by a witness from Cambridge just now. I think we are divided about half and half among the residents. 2060. What is it among the young men ? I do not know. •2061. Do you agree with the last witness that in Oxford as in Cambridge the attendance upon the chapel is a wholesome religious observance rather than a part of the education ? I think it is not very easy to separate between the two. Of course it comes first directly as a religious observance, but I think (and that is one reason that I lay so much stress upon it) that it has a very direct bearing upon the education of the men also. 2062. Is it not regarded by the young men as a muster roll, required by aca- demical discipline ? It is not now, nor should I say that it was at any time within my experience. Of course I cannot say exactly how they regarded it, but I do not think they had any reason to regard it as a muster roll. 2063. Have they much religious feeling about attendance at chapel ? Many have. 2064. Have the majority * I can best answer that by saying that in the long experience I have had, I have met with very few young men who have shown any resistance to it as a religious observance. Many did not wish to come on a particular morning, of course. 2065. Earl of Morley.] Do you think there is any danger, in the event of this Bill being passed, of the service of the Church of England disappearing from the college chapels ? I think uuless it was guarded carefully it might do so, because there is hardly anything SELECT COMMITTEE ON UNIVERSITY TESTS. 211 anything which a college cannot do now subject to the consent of the visitor, and Rev. in some rare cases the further consent of the Privy Council. E - c - Woollcombe. 2066. As long as the Church of England was predominant in the University, 10t ji March 1871. would not public opinion be too strong for that ? My reason for wishing an exclusive use of the college chapel for the service of the Church of England to be preserved by the Bill is this, that I wish it to be brought out that the college is a place of religious education. I see great difficulty in securing that end in many ways, but I think the college chapel is, to speak plainly, the pivot upon which the whole system turns, and from which it can be best and most satisfactorily worked. 2067. You propose that in the case of fellowships some new tests should be devised ; do you think that the tests at present existing have succeeded in ex- cluding all whom they were intended to exclude ? I think they work very beneficially. I have heard it expressed as an advantage of the present test, that people bear old fetters better than new ones. For myself, if I had the work to do de novo, I should be content with a much wider test than that of the Thirty-nine Articles ; but I do not advocate a change in the test because I think the present test might be retained, while I doubt, whether either as regards the University or the colleges, your Lordships would be inclined to propose or adopt a new test. 2068. Earl Beauchamp.] With regard to the attendance at the college chapel, while it may be found irksome, and regarded as a roll call by those men whose instincts are not religious, yet on the other hand you say you have found it very beneficial indeed for that large class of men whose instincts are not developed, and whose opinions are not very much formed either one way or the other ? I believe that it is felt to have been very beneficial in after life, long after the men have left college. I have no doubt that it is only a few who would perhaps avow at the time that they had derived direct benefit from it; but I submit that if a thing is good, and if it is no strain upon the conscience, the elder are better judges than the younger men of its advantages. 2069. In the term " education," you would comprise not merely the college lectures, but the whole system of the college, of which the services form a part? Yes. 2070. And you would consider it a very narrow interpretation to restrict it merely to the lectures given by the tutors ? Certainly. 2071. Lord Colchester.^ You stated, I think, that a Presbyterian was a fellow of your college, and that he had had no difficulty in taking the test ? Yes, one who, I believe, was brought up as a Presbyterian. 2072. I think the test does not generally exclude Presbyterians, does it ? No. ' 2073. In fact I think the University Commission specially mentioned that members of the Church of Scotland had signed the articles ? That may have been mentioned by them ; it is the fact. 2074. Therefore it is a less strict test, in some respects, than requiring avowed membership of the Church of England ? Yes, 2075. As to the studies which were alluded to, have you lately taken any part in examining for the final classical school ? I did some years ago. 2076. How long ago ? It is a long time ago now ; more than 20 years ago. 2077. That was at a time when the examinations were not in the same form as at present f Yes. 2078. I think I am right in saying, that none of the modern authors which have been referred to were taken up as books ? / j H \ D D 2 * es » •212 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. Yes, you are right. E.C. JVooUo 20-1). I believe the books taken up were either Aristotle and Plato, or, among- ioth March 1871. modern authors, Bacon, and some part of Butler. Yes. no8o. But since that time the modern authors have increased in proportion to the ancient ~ f More modern authors are read. 2081. When you said you wished to see a balance introduced into those studies, did you refer to the introduction into the examination of such works as Butler's ? . . No; I meant in case of books that Christians would call inndel being used; for example, on moral philosophy ; I should not wish to exclude such books if the teachers on such subjects thought them useful, but I think it essential that Christian teaching should be added to supply what they might overthrow. 2082. In the same way a teacher upon ethics might here and there modify the teachings of Aristotle by referring to the teachings of the Christian Church ? Yes ; but there would be much greater need of it in the other case. 2083. The wider the study, the more important you think it would be that there should be some security for the religious character of the teacher ? Yes. 2084. Chairman.] Is there any other point which you would like to bring before the notice of the Committee ? I wish to call the attention of the Committee to a point which is not very serious, but which I think involves a question of justice. The endowments in my own college, for instance, which was a pre-Reformation college, have been increased very considerably since the Reformation to the extent of three fellowships out of 12, and of considerable bequests in the shape of exhibi- tions; and though, for the reasons I have stated before, I should look rather to the success of a general test than to specially securing these foundations now to- the Church of England, for which alone they were founded, still I think it is important to call the attention of the Committee to the large amount of endow- ment which has been given to the colleges, of which my own is a strong instance, since the Reformation. I do not for one moment give up our claim as members of the Church of England to the pre-Reformation endowments, but I think we have a most indubitable claim to the endowments which have been given to us since the Church of England has been reformed in conformity with our present opinions. 2085. Has your college been entirely recast by the Commission ? Tt has been a good deal altered. Our college was an entirely clerical college when I first became a member of it, with this limitation, that no fellow was required to take holy orders until seven years after taking his Master's degree. Two persons now living held their fellowships for seven years from that time,, that would be about eight or nine years altogether, and then vacated them. With that modification, at that period, we were entirely clerical. Now we have only four out of 11 fellows who are necessarily clergymen. 2086. Have these endowments been kept sufficiently severed from the rest to be capable of an exception from the provisions of the Bill ? Some of them have been. I do not mean to lay great stress upon the point ; certainly in Oxford it is not a question on either side as to the property which is" held. 2087. The question in issue is not one of property, but of power and teaching ? J Yes, it is really the Church of England character or the non-Church of Eng- land character of the colleges. 2088. And wider still, of Christian or of non-Christian character ? y es ; I am much obliged to your Lordship for the correction. 2089. You SELECT COMMITTEE ON UNIVERSITY TESTS. 213 2089. You would be, upon the whole, satisfied with any Bill which passed Rev. which should give large and liberal access to all endowments to Dissenters if it E - CWoMcombe. preserved unimpared the Christian character of the teaching? iotli March 1871 Yes. 2090. Have you anything more to say ? No. The Witness is directed to withdraw. Ordered, That the Committee be adjourned to Tuesday next, at Twelve o'clock. (17.) D * * ( 214 ) ( 215 ) Die Martis, 14° Martii, 1871. LORDS PRESENT Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Morlet. Earl Beauchamp. Earl of Kimberley. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Hartismere. The MARQUESS OF SALISBURY in the Chair. THOMAS WARAKER, Esquire, ll.d., is called in follows ; and Examined, as 2091. Chairman.] I think you have paid a good deal of attention to this r - Waralcer, Esq., Bill? ^1' Yes, I have paid considerable attention to it. I have taken a good deal of 14th March 1871, interest in it, and have also devoted some time to making myself master of its -— * ■ details. 2092. You are secretary, I think, of a society in London for opposing some of its provisions r No, not in London. I have nothing to do with that society officially. 2093. You live at Cambridge ? I live at Cambridge. 2094. Will you tell me, setting aside for the moment the question of oppo- sition to the whole provisions of the Bill, what portions of it, if any, which you think are susceptible of amendment in a sense that would make it less injurious, in your judgment, to the Church of England and to the Univer- sities ? I am bound to say, in so far as individual feeling goes, and with regard to the feelings of those with whom I act, that we are opposed to the whole principle of the Bill ; but, at the same time, I do think that there might be some modifica- tions of the Bill, which would render it less fatally pernicious than we conceive that in its present form it would be. 2095. Will you tell me what these modifications are? The modifications which I should suggest would, I think, be somewhat covered by the preamble of the Bill. If the enacting clauses were to be rendered con- formable to the preamble of the Bill, I think we should have to make many modifications. It appears to me that the preamble and the enacting clauses do not coincide. I think that we are entitled to consider the preamble of the Bill as specifying what the objects are intended to be. The Bill now proceeds, I believe, from the Government. As such, it is not allowed to me to suppose that the terms of the preamble are intended not to be genuine ; but I think that the safeguards, so called, that are maintained will hardly be of any genuine efficacy. I should say, as the first point, that it would be necessary to retain Section 13 of the Act of Uniformity, which in many editions, and in the edition which, I think, is mainly in the hands of the world at large, is Section 17 ; that (17.) D D 4 is 216 31INUTES OF EVIDENCE TAKEN BEFORE THE T. Varalcr, Es 4 „ is according to RufFhead's edition. I allude to the section which provides for ll.i».' the sole and exclusive maintenance of the worship of the Church of England in , 4 ih Mi^i.1871. col,e 8 echa P dB ' 2096. Is that an accurate description of the 13th section? I think it is an accurate description of so much of it as I have yet referred to. 2097. Is not the 13th section a section forbidding the celebration of any other service than the service of the Church of England in college chapels? I intended to convey that by the words " sole and exclusive," in my last answer. 2098. Is there anything in the 13th section to forbid the service being omitted altogether? No, I am not aware that there is. That is implied in the section, but a discontinuance of religious worship is hardly prohibited by that section; I should say that it is prohibited by implication, but not expressly. 2099. Then your first recommendation is, that Section 13 or 17, as the case may be, of the Act of Uniformity should be retained in vigour ? Yes. 2100. Should you prefer that to any new enactment with reference to the maintenance of the service in the college chapels ? I should be glad to see a positive enactment included in the Bill, that the religious worship in the college chapels should still be maintained. 2101. It would be necessary, would it not, if such an enactment were made, that some power of dispensation should be given to some authority to avoid accidental difficulties? Do I understand your Lordship to mean in respect to certain individuals who might object to attend the chapels. 2102. Partly with respect to that case, but also to provide for such a case-, for example, as its being wished to use a shorter service, and not to use the whole of the service every morning ? Possibly ; but, as a layman, I think it is hardly for me to say whether it would be proper that the service should remain in its integrity, or that it should be shortened in some degree. 2103. You are aware that in many college chapels it has been the practice to use a shorter form ? Yes ; I believe so. 2104. Will you now proceed with any other amendments which you propose to make in the Bill ? Yes ; I would also point out that in Section 3 all declarations are abolished as qualifications to holding any office in either a college or the University ; and not only are declarations abolished, but also " oaths as to religious belief or profes- sion, conformity to religious observance* attendance at or abstinence from attend- ing any form of public worship, and belonging to any specified church, sect, or denomination." Now, it appears to me that if the clause stands so fully and in such an unqualified manner as it now does, it will not be conformable with the preamble of the Bill, and we shall have the evils of persons who may be of any creed whatever, or of no creed, acting in the discipline and government of colleges which have a kind of parental character. It appears to me that the essential and distinctive character of the English universities and their colleges, lies in the collegiate system, which is a kind of family system ; and I think it would be most pernicious that we should have young men at the most important period of their lives subjected to the variety of influences which would in that manner be brought to bear upon them. In the small colleges we should in a very short time have fellows who would belong to different creeds, some being of no creed, and others diflenBg m creed. The result of that would be, I think, verv fatal to the religious belief ol the young men, We should have it inculcated practically that all reli- gions were equally true, and I think it would be onlv another aspect of that pro- position to say that all religions were equally false. 2105. Apart from your belief in the Church of England as holding the truth, you, SELECT COMMITTEE ON UNIVERSITY TESTS. 217 you think that the mere existence of diverse forms of teaching would in itself be T. Waraker, Esq., fatal to the faith of the young men who lived in the college .- LI,,I> ' I think so, decidedly, 14th March 1871, 2106. And you would think that it would be less injurious that they should be taught some form of Christianity which you yourself did not entirely agree with, than that they should be thus exposed to controversial and uncertain teaching? I should, but that I conceive would involve a test of some kind ; I should, therefore, suggest that there should be a qualification imposed upon these offices, and that (if we are to consider fellowships as simply prizes, and as belonging to the person who obtains them) there are certainly offices in the University which involve duties and trusts. In the first place, duties of "government ; I mean by " government," the discipline and general government of the young men, as apart from the financial government. Now, 1 think that all offices which involve any part of the discipline of colleges ought to be in the hands of churchmen, and I should suggest that such a declaration ought to be made as would protect us in that respect. 2107. Supposing that the majority of the undergraduates belonged to a denomination that was not the Church of England, should you still think that the teachers should be churchmen ? Yes. 2 1 08. On what ground ? On the ground that the colleges are places of- religion, and that I cannot con- ceive that a place can be a place of religion unless we have a determinate creed ; I do not think we can very well have a variety of creeds ; I do not think, again, that we could, with advantage, vary the creed that should be the recognised creed of a college, according to the creed that the majority, for the time being, of the fellows held; nor, a fortiori, according to the views that might be held by the young men from time to time; I think such a fluctuation would be excessively mischievous, even if it were a possibility that we could work the college discipline on such a system. 2109. Then your view would be, that if there was one tutor a Roman Catholic, and another a Socinian, the end would be that the young men would believe nothing at all ? 1 think so ; it appears to me that, that is a high probability. "110 Then you would have a declaration that would secure that those who had charge of the discipline of the young men should be members of the Church of England ? Yes ; that is my meaning. 2iii. Do you think it would be a possibility to obtain that security without a declaration ? .,.,-■,,. 1 u* • 1 I cannot myself conceive any other way in which it might be obtained. 2112 Tn some statutes that have been recently issued for the public schools, it has been simply enacted that persons holding similar posit.ons there shall be members of the Church of England; do you not think that that would g.ve as much security as a declaration ? No I can hardly think so, because it appears to me that when a man has made a declaration, he is, at least in honour, bound to abide by that declaration I do not conceive, in the first place, that there would be many men who would make that declaration not believing it to be true; and, in the second place, it there were such men, I believe that, even if there were no other restraint regard for their own reputation would prevent them from teaching anything that was contrary to the Church of England ; and even if they were to attempt to teach anything of that kind, I believe that their teaching would have very little weight indeed, because they would be openly convicted of dishonesty. Therefore, although it must be' admitted that all tests in themselves must share id the imperfection of other systems, vet I think a test system is as good a system or a better one than any other that I can think of. I scarcely see how a mere enact- ment that persons should be members of the Church of England would be made operative, unless there were some practical mode of carrying out the enactment. I can only conceive of two modes in which it might be done. One would be by (17.) £ E an 21 g MINUTES OF EVIDENCE TAKEN BEFORE THE TWaraker, Esq., an antecedent declaration, and another would be by a penalty, the penalty of "-»• expulsion. I should myself much prefer the antecedent declaration. i 4 th Mawh 1871. .-,113. We have received evidence to the effect that the test at Oxford, at least* has produced so much exasperation in the minds of those who do not entirely agree with it, that they take it without reference to its conformity to the actual convictions in their mind ; have you any knowledge of such a state of ilvngs at Cambridge? . . , , . , 1 have heard it said, in one or two instances, that that has been the case; but I hope 1 may say that only in a very few instances do I believe it to have been the ease. 2114. You think that the feeling of honour, to which you refemd, does operate upon the minds of those who take the test, and, even if they change their opinions, prevents them from giving effect to that, change in their teaching- ? I think so, decidedly, i may mention that I know personally an instance where that declaration did exclude a person from applying for an office ; it was not in the University, I should say, but he had to make a declaration that he was a. member of the Church of England, and he came to me to consult me as to the propriety of his applying for it. When I showed him the declaration, he at once., gave up all idea of competing for the appointment that I allude to. He told me that he was not a Christian, and that however slight the declaration was, he could not in honour take it. I should think, therefore, that that is evidence that declarations do exclude men of honour from taking office, and that, qualifi- cations are efficiently tested by antecedent declarations. 2115. Is there any other alteration in the Bill which you would wish to recommend ? 1 should also recommend that there should be a declaration made by professors.. As to professors of Divinity, 1 think that, they should certainly make the declara- tion thai at present exists, namely, the declaration of conformity ; I think that Sir Roimdell Palmer's declaration would be satisfactory for other professors. I do not think that that declaration would, perhaps, be so satisfactory for members of colleges participating in the government of the college, but I think that for the professors it might be satisfactory. 2116. I believe that at Cambridge you have a special case where a degree in Divinity does not protect a Professor of Divinity ; is not that so ? There are four Professors of Divinity at. Cambridge, the Regius Professor, the Lady Margaret Professor, the Norrisian Professor, and the Hulsean Piofessor. The Hulse.m Professor must be in Holy Orders, according to the statutes of the foundation. The Regius Professor must be a Bachelor of Divinity or a Doctor of Divinity ; and, as that degree at present stands, that would secure the Regius Professor being in Holy Orders; but the Regius Professor must be in Holy Orders, not as a direct qualification, but only indirectly, his direct qualification being that he must be a Bachelor of Divinity or a Doctor of Divinity. Now it might quite well come to pass that by University legislation, which would take the form of a grace brought forward by the Council, and passed by the Senate, and then brought before the Queen in Council for sanction, a Bachelorship or a Doctorshipin Divinity might no longer be a protection, inasmuch as the neces- sity of Holy Orders might lie removed from the degrees. 2117. Do you think that it would be desirable to leave the question as to whether professors, or fellows, or heads of colleges should take Holy Orders, to the decision of the Universities and colleges themselves, or would you not prefer for the sake of avoiding agitation, that Parliament should undertake the decision of such questions itself? I should most strongly prefer the hitler ; I think it would be extremely mis- chievous that the matter should be left within the reach of University or of college legislation. So far as professors are concerned, of course it would be matter of University legislation rather than college legislation, but I should be very glad if Parliament would settle it for us, so that we should not have the agitation we are very likely to have in consequence of this measure being passed. 2118. \ ou agree with many witnesses who have given evidence upon the subject that such agitation is most detrimental to the studies of the place? 1 think it is very greatly detrimental. 2119. Is SELECT COMMITTEE ON UNIVERSITY TESTS. 219 2119. Is there any other point in the Bill which you would desire to see T. Waraker, Esq,, altered ? m«p. Yes, I should also be very glad to see the clause which was inserted in the i 4 th March 1871, original Bill of last year reinserted ; it would come in page 2 of the Bill.. I — — think it appeared as the third exception ; I allude to the clause relating to the headships. I think it is most desirable that the status quo of the headships should be maintained. 2 120. At Cambridge, I believe, there is only a moiety of the heads who are compelled to take Holy Orders? Only a certain number of them are compelled by their college statutes to take Holy Orders. I would also say that I do not like to see the sole and exclusive safeguard that we have consist in the test of Holy Orders. I think that it is most desirable that the test of Holy Orders should remain, and that the predo- minant character of the Universities and their colleges should be clerical ; but I should be sorry to see that the Church should be so dissociated from the laity as I think would be the result or the probable result were it to be the case that the only safeguard for the maintenance of the Church character of the colleges should consist in the fact that a certain number of the Fellows should be in Holy Orders. I should greatly like that some of the lay members of the Colleges holding offices should always be members of the Church of England. I would further remark that Sub-clause 1 in Clause 3 appears to mc to have but "very little operation, since there are but very few offices, as I have mentioned (in the University, T think there are only two, and in the colleges, I believe, there are hardly any) which absolutely require Holy Orders as a qualification. In most cases there are alternative qualifications. Now, as a matter of con- struction, I cannot help feeling that these will not he saved, and that this clause, that " nothiug,in this section shall render a layman or a person not a member of the Church of England eligible," will have no operation in any cases where Holy Orders are a qualification alternative with some other qualifications, which, I think, will be found to be the case with nearly every office in either college or University. Referring to the words that " nothing in this section shall render a layman or a person not a member of the Church of England eligible to any office, or capable of exercising any right or privilege in any of the said Universi- ties or colleges, which office, right, or pmilege, under the authority of any Act of Parliament, or any statute or ordinance of such University or college in force at the time of the passing of this Act, is restricted to persons in Holy Orders," it appears to me, as a question of construction, that that would apply only to cases where Holy Orders are the sole and exclusive qualification, and not to cases where Holy Orders are alternative with some other qualification. 2121. Then do you mean to say that that clause would be so construed as to abolish the obligation of Holy Orders in those cases where it was an alternative? I think so. 2122. And to abolish, in fact, the restrictions altogether? I think so. 21 23. What are the alternatives that are usually allowed in the case of colleges, for instance ? . . The alternatives vary slightly in different colleges. I think 1 may say tney are these: in most colleges, if not in all, there is an alternative qualification to Holy Orders, consisting of this, that if a person holds certain offices in the Uni- versity he may retain his fellowship without the obligation to enter into Holy Orders In a great number of colleges the holding office in the college has the same effect ; in one college (I speak of Queen's College), I understand that if a person holds certain college offices he may retain his fellowship as a layman for so Ion* as he holds that office, otherwise he will hold his fellowship for 10 years. During the holding of office his.tenure is interrupted, and begins to run again as counting from the time when he ceased to hold the office, if he quits that office. I should mention that there is further, in some of the colleges, a power in the hands of the master and fellows to admit to fellowships, or to admit to a con- tinuation of fellowships, persons who are eminently distinguished m literature or science. I think that these alternatives would have the operation which I have suggested., / 17 \ e E 2 2124. But 220 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Waraker, Esq., LL.D. 4th March 1871. 212-1 But thev would not have the operation of getting rid of the restriction altogether, so that a fellow might neither take Holy Orders nor be a person eminent in literature or science? I am not quite convinced of that. •2125. Have you drawn up any words which you think would meet that diffi- culty ' 1 have made a rough sketch of some words as indicating pretty nearly the course that I thought the clause might take. Instead of the words, from line 29, " Nothing in this section shall render a layman," I would insert these, " no lay- man or person not a member of the Church of England shall, after the passing of this Act, be eligible to any office." Then the clause will run on, " or capable of exercising any right or privilege in any of the said Universities or colleges, which office, right, or privilege, under the authority of any Act of Parliament, or any statute or ordinance of such University or college in force at the time of the passing of this Act, is restricted to persons in Holy Orders." Then 1 insert the words, " Nor shall any obligation to enter into Holy Orders, which is by such authority attached to any such office, be hereafter removed by any University or college statute or ordinance hereafter to be made." 2126. That applies to another point, namely, the question as to the power of a college to alter its statutes ? Yes, that is true ; I wrote it with a view to that. I have hardly provided for the particular point which I mentioned just now in this amendment. 21 27. Is there any other point which you desire to mention? Yes. In section 3, line 25, there are these words, "nor shall any person be compelled in any of the said Universities, or any such college aforesaid, to attend the public worship of any church, sect, or denomination to which he does not belong." I should be very glad to see that sentence removed, and for this reason : at present I believe in no college in Cambridge is a person compelled to attend the worship in the college chapel if he does not belong to the Church of England, that is to say, provided he expresses his desire not to attend. But it is a very different thing that a college should, by itself, and of its own act, make an exemption, and that it should be made by a legislative provision. It appears to me that this clause would have an injurious effect upon discipline, inasmuch as it would afford a ground for a young man Avho was disposed to set the college authorities at defiance, to repudiate the obligation to attend chapel by virtue of these three lines, even although his parents might wish him to attend. 21:8. Then you would prefer to alter the words, so that the parent, and not the young man, should decide whether he should attend chapel or not? Certainly, if the clause is to be retained. I cannot help thinking that the clause is redundant to any good effect, but that it may have a mischievous one. 21 29. Is there any other point you wish to notice ? I would mention section 4 of the Bill. It has been said that that affords a very ample safeguard, but it appears to me that when it is taken into connection with the schedule which repeals section 17 or 13 of the Act of Uniformity, it becomes wholly nugatory. 2130. You do not think that it is of any value at all ? I do not think it is as the Bill now stands, that is to say, when taken in connection with the repeal of certain of the Acts mentioned in the schedule. 2131. You do not think it would operate as an instruction to the fellows in their elections to fellowships to regard the objects of the college as a place of religious instruction and worship ? " I think, hardly so ; and I hold that opinion very much, for this reason, that the Bill would have, I conceive, an indirect operation as well as a direct opera- tion. In addition to the direct operation of removing nearly all our tests peremptorily, and permissively repealing the rest, it will also have this indirect operation, that it will be taken as an indication of general feeling. Legislation, no doubt, influences sentiments at the University as elsewhere ; and it will, therefore, be said, this Bill is an enabling Bill, and the object of the Bill has been to set free the colleges and the Universities from all restrictions whatever on account of religion. We are, therefore, acting loyally according to the spirit of the Act if we do not have regard to religious qualifications, but dispense with them SELECT COMMITTEE ON UNIVERSITY TESTS. 221 them altogether. Therefore, I think, that passage will hardly act as an iustruc- T. WW^.Esq , tion to iellows in the way your Lordship suggests. 1 ^- J} - 2132. You do not think that the distinct words implying that the Act is not Hth March 18 71. meant to interfere further than it expressly states will be regarded, but that the " ' Act will be made to interfere further than it expressly states ? Yes; I cannot help thinking that that will be the effect, because it appears to me that these words go no further than saving that the Bill is not to do more than it has already done, and that is, that it has absolutely repealed most of our tests, and it has given to the Universities and the colleges the power to repeal those which remain. 2133. Is there any other amendment which you would wish to suggest? No j I think that those exhaust the comments that I have to make on the Bill. 21 34- Duke of Somerset. 1 As, I understand your evidence, you object altogether to this Bill ? Certainlv. 213.5. You would rather reject the Bill altogether; is not that so ? Unquestionably. I object to the spirit of the Bill. 2136. Therefore what you want is, in adopting the Bill, to introduce some tests that are not at present in the Bill, as I understand ; that U, some additional tests, even to what we have at present ? May I speak frankly ? 2137. If you please? Objecting most strongly to the whole principle of the Bill, I am given to understand that a Bill will certainly pass in this direction. That being the case, I must look at it in a practical way, and I must endeavour to say (I have put this as giving my own honest opinion upon the case) by what means I think that this Bill could be rendered less pernicious than I take it to be as it stands, 2138. Do you think that the persons who are anxious to pass this Bill would be content to take the restrictions upon the Bill which you propose to in- troduce ? The Bill comes now, not from below the Gangway, but from Her Majesty's Government ; I must therefore take the whole Bill to be a serious Bill. I c.mn'ot impute it to the Government that they intend to make the Bill other than what they have expressed its object to be in the preamble. I think that the sugges- tions that I have made would bring the Bill into accordance with the preamble, and would not go further than the preamble itself goes. As to whether the House of Commons would consent to the restrictions which I have suggested, of course I am not at all competent to pronounce an opinion ; I. can only say that it appears to me that when an attack is made upon the existing state of things, there will usually be some compromise to be effected. If I am right in supposing that the Bill does produce mischievous effects, I can hardly suppose that wheu those effects have been pointed out, and when it has been pointed out that the enacting clauses do not coincide with the preamble of the Bill, the House of Commons would say, "This is a Bill that we have brought forward ; we will not listen to any instruction or any information as 10 its effects, and we will not allow any modifications of it ; we have the power to pass the Bill simply, and we will do it." That appears to me to be the language perhaps of confiscation, but hardly of statesmanship. I can scarcely think that I am justified in supposing that the House of Commons would simply and absolutely assert, "We will not submit to any modifications ; we will not hear anything that may be said against the Bill." 2139. Do you think that the Bill does not protect the teachers of Divinity? I think it protects them very inadequately indeed. 2140. Should you then be satisfied if the teachers of Divinity were clearly and distinctly protected in the Bill ; you are not satisfied with the Bill at all ; you would rather reject it ; but considering that there must be some compro- mise, I wanted to know whether that is a compromise which you think might be (17.) e e 3 fairly LL.D. 14th March 1871 M1NUT ES OF EVIDENCE TAKEN BEFORE THE nr v fairly made in order to meet the different views of different persons upon the ^aTio that compromise, so far as it goes, that is to say, as respects the profes- sors of Divinity, I would say, ves ; but I should not understand that they alone w. re the persons to be provided for. There are professors of other studies, who, I think, ought to be members of the Church of England. 2141. What other studies? I am inclined to think the professor of Moral Philosophy, and I think also the professor of Modern History, should be members of the Church of England. •2142. You think the professors of Philosophy and History should be Church- men ? I think so. 2143. Are those professors, now at Cambridge, necessarily members of the Church (if England ? The professors of Moral Phiiosphy and Modern History are at present mem- bers of the Church of England. The professor of Moral Philosophy is Profes- sor Maurice, who is a clergyman. 2144. Is that, professor necessarily a clergyman ? No ; he is not so, necessarily. 2145. What test is he obliged to take as a professor ? At present, I believe, he has to take the test of conformity ; that he will con- form to the worship of the Church of England. 1 think I am right, in stating that. 2146. Are the scientific professors also to be orthodox r Of course I should myself prefer it. 2147. Do you expect to carry such a requirement ; take the Geological -Pro- fessor, tor instance ; in the first place, is there a Geological Professor at Cam- bridge ? Yes; I should think it was really very important that he should be a member of the Church of England. 2148. Is he now a member of the Church of England r Yes, I believe so. He certainly must be, because he is a fellow of Trinity. 2149. But is he so, necessarily, as a Professor of the University ? I think I am right in saying that at present all professors must be members of the Church of England. 2150. Earl of Carnarvon.] Did I rightly understand you to say that yon would divide practically the professors into three classes ; the professors of Divinity, the professors of Modern History and Moral Philosophy, and the other professors generally ; I mean with regard to tests ? No, not at all ; I did not say that; my desire was that there should be a test for all professors. 2151. One uniform test ? Yes, one uniform test. ] shonld like to see, of course, the professors of Divinity retained in Holy Orders ; they are all now in Holy Orders as a fact, and two of them, namely, the Regius Professor and the Hulsean Professor, must be in Holy Orders, in consequence either of a direct or an indirect test. The Regius Professor must be in Holy Orders, because he must be a Bachelor of Divinity or a Doctor of Divinity. 2152. Assuming that the professors of Divinity were persons in Holy Orders, would you be satisfied, with reference to the other professors, that Sir Roundell Palmer's proposed declaration should be adopted? Yes, I think so ; 1 think that that would probably be sufficient. '•2153- You remember the nature of that declaration ? Yes, I do; I think it is ; " I, A. B., do solemnly and sincerely declare that as professor of — . } and in discharge of the said office, I will never endeavour, directly or indirectly, to teach or inculcate any opinion opposed to the Divine authority SELECT COMMITTEE ON UNIVERSITY TESTS. 223 authority of the Holy Scriptures, or to the doctrine and discipline of the Church T. Waraker, Esq., of England as by law established." ii.b. 21.54. The application of that declaration to all professors in the University Hth March i 87 l over and above the professors of Divinity, would meet your views upon that particular point ? Yes, I think it would, as being a practical solution of the difficulty, and I should suppose it would be one that could not fairly be objected to on the other side. 2155. Lord Colchester.] I understand that what you consider is that the clause in the preamble, stating that it is desirable that " disabilities should be removed under proper safeguards for the maintenance of religious instruction and worship in the said Universities, and the colleges and halls now subsisting within the same," is not carried out in the Biil as it at present stands ? I consider that the proper safeguards are not carried out by the Bill. 2156. And do you think that if the professors of Modern History and Moral Philosophy were secured as members of the Church of England, and also some provisions made for the tutors of the colleges being members of the Church of England, the object would in some degree be carried out, which, as the Bill stands, is not carried out? Yes, it would be in some degree carried out. 2157. I suppose you consider that tuo subjects which may touch so closely upon religious matters, as moral philosophy aud modern history, are subjects where special safeguards are required ? I think those are the two subjects which most closely approximate thpmselves to theology. 21.58. I suppose every professor now is almost always a Master of Arts, is he not, of the University ? Yes ; I think so. 2159. Therefore, as a Master of Arts he would have taken a test? Not necessarily at Cambridge ; the qualification is different at Oxford from what it is at Cambridge. At Oxford, I believe, no one can take his degree of Master of Arts unless he has taken the test of the declaration of conformity, but at Cambridge persons may take that degree either in the ordinary way' when they take the test, or as non-declarants. 2160. In the latter case they have no vote, have they, in the senate? They have no vote in the senate in that case. 2161. But I suppose a professor is almost always a person who has a vote in the senate, and who has therefore taken the test in the ordinary way ? I am inclined to think so. 2162. Therefore your test would be in no way a new one, as was suggested. It would in no way involve subjecting persons to tests who had not taken them ? The test as to professors which I proposed, is a relaxation of the present system, a declaration by a professor that, he will not use his office to the prejudice of the Church of England. 2163. I mean that the persons who would be liable to that test, are persons who now have probably taken the test on taking their degree, but who will cease to have taken it under this Bill ? Under this Bill they will have ceased to take any kind of test. 2164. Have you any opinion as to whether it would be desirable to draw a distinction between the post-Reformation and the pre- Reformation colleges ? I must confess that I do not agree with the doctrine that I have heard broached, that the pre-Reformation colleges belong to the Church of Rome, and that therefore the Church of England has nothing to do with them ; I know that some people do think that there is a difference between the colleges in that respect. There are some colleges at Cambridge, three certainly, namely, Downing, Sydney Sussex, and Emanuel, which are entirely post-Reformation, and I think I am right in saying that every college is partly post-Reformation. (17.) E e 4 2165. Then Q24 MINUTES OF EVIDENCE TAKEN BEFORE THE T.flW^Eso,., 2, 65. Then supposing- the Bill to be applied to the other colleges of the ll.d. University may not a special claim be put forward for those post- Reformation 1 m~T » collect "as being Church of England endowments in the same sense as any »4 *Ma«hi8 7 ,. ™2*^ mts of tne present day might be Dissenting or Roman Catholic endow- 'Tiiu'uk decidedly, there would be an apparent argument, at all events, of that kind It would be much more strong as applied to the post-Reformation colleges, because that which I confess I think is a fallacy, would not apply to the post- Reformation college*. The fallacy I speak of is, that the donations were made to the Church of Rome, as the Church of Rome, and not to the Church of Eng- land as by law established. I should hold, for my own part, that there iias been no solution of continuity, and that the donations have always been given to the Church of England, and that the Church of England remains the same Church now as it was before the Reformation. 2166. In the face of the probability that a very large change would be made in the University by the Bill, do you think that it would be a valuable security to the Church of England that such a distinction should be drawn, and that her right to the post-Reibrmation colleges as denominational endowments should be asserted '( I should lie glad to see that in the nature of salvage. If we are to understand that everything is to go, and that we must take what we can get, I should be glad to see that left to us, rather than nothing. 2167. And then the wishes of those parents who might desire a denomina- tional education, and of those who might desire an undenominational education, for their sons, would be met by different colleges in the University. Would not such a distinction be drawn, provided some colleges carried out the views of those who desired a strictly denominational system, and others carried out the views of those who did not ? I do not think it would correspond with our views. Although, certainly, as I said just now, we should be glad to have that rather than nothing, we can hardly accept it with anything like satisfaction. 2168. Then it is not an amendment which you would wish to see made in this Bill? I hardly think so myself; I think I mentioned that although there were only three colleges at Cambridge which were exclusively post-Reformation, yet that there have been post-Reformation endowments at all of them, and the question will arise whether we are to understand that all post-Reformation benefactions are to be saved to the church. 2169. That would be a question of detail, which would have to be considered in applying the principle ? Yes; that, of course, would make a very considerable difference in the value of the proposed change. I ought also to mention that if that were the case, we should have to strike out the University of Durham altogether from the applica- tion of the Bill, because Durham was founded for the Church of England pre- cisely as it now exists; it was founded almost, in fact, within this generation. 2 1 70. You mean that a general clause put in, saving post-Reformation endow- ments, would carry the University of Durham ? Altogether ; it would except that University from the Bill. 2171. Pvarl Beauchamp.] Will you be good enough to refer to the Act of Uniformity, and turn to section 8 of that Act ? I have it. 2172. In that section you find these words, " Every public professor and reader in either of the Universities shall subscribe the declaration following"? I do. 2173. In the declaration following there occur these words, " and that I will conform to the Liturgy of the Church of England as it is now by law estab- lished " ? Yes ; I find those words. 2174. Other SELECT COMMITTEE ON UNIVERSITY TESTS. 225 2174. Other parts of that declaration have been altered by subsequent statutes, T. Waraker, Esq., but you believe that that. part of the declaration remains unaltered? LL - D - I believe so. , ,. ~ . 14th March 1871. 2175. Therefore there is a statutory obligation upon all professors and readers in either University to conform to the Liturgy of the Church of England ? Yes. May I be allowed to add one remark, and that is, that that section of the Act is repealed in the schedule. 2176. Lord Rosebery.~] I daresay you observed that there was frequent mention of the question of the abolition of University tests on the occasion of the last Parliamentary election ? Yes. 2177. May we not, therefore, consider the House of Commons as having been in great measure elected in view of the question ? 1 should hardly have thought that the question was brought forward so promi- nently that we could say that Members were elected upon it. It was, lam aware, put forward upon the hustings, as one amongst many questions, but I should hardly have assigned to it so very prominent a position. 2178. At the same time, whether that is so or not, you will observe that there have been several attempts to make modifications in the Bill now before this House when it was in the House of Commons ? Yes. 2179. Are you aware that a considerable minority of the House of Commons pressed for a modification of the Bill in the sense of a more complete abolition of tests than this Bill would provide for? I am. 2180. Do you, therefore, think that in that view of the state of public opinion the alterations you have proposed in the Bill would be practicable, for you are here to consider practicable safeguards for religious teaching? I understood that I was to express my opinion upon what I thought might render the Bill less mischievous than I conceive it to be. It did not occur to me that I was to be a judge of the practicability of what I proposed. I must confess that 1 think it ought to be practicable to do what 1 have suggested, having regard to the preamble. I take the preamble as specifying the objects of the Bill, and I take it that the maintenance of religious instruction and worship are conditions precedent to everything that is to be done by the Bill. I imagine that religious instruction and worship, and discipline also (which word I find in section 4), cannot be maintained, except by some system of tests. What I have proposed are tests which would only apply to those offices which are directly connected with the instruction, worship, and discipline of the Universities ; and that being the case, I must express my inability to be a judge of how far they are practicable in point of fact. 21 8). What I meant was this: you hold a general theory that the Bill is ob- jectionable in toto, and therefore we were prepared for some suggestions that might really enter into the spirit of the Bill, and modify it without rendering it impracticable ? . . „ . I hoped that the suggestions I made would really enter into the spirit ot the Bill ' They certainly involve very great concessions being made by us ; but if none be made to us, the concessions would be all on one side. It would simply be that every thing was taken from us. If we' are to save anything, we must no doubt make some modification in the Bill as it stands. 2182 Earl Stanhope.] You mentioned that the qualification of taking Holy Orders with regard to certain University offices, was an alternative qualification, and vo'u stated that certain college offices would afford that alternative. I would ask, as to those college offices, are they of an active kind, involving college duties, or of a sinecure description ? Most of the offices that I spoke of are offices involving active duties, as, for instance, those of tutor and dean. 21 8q. Would they in all cases involve residence in the University ? Not in all cases, because I think that the office of bursar would be one of r l7 \ Ff those MINUTES OF EVIDENCE TAKEN BEFORE THE , ^ i- i. * ™;n-v,t V^p rpo-nnled in some colleges, at all events, as an alternative ,. w^ E.,, ,to. **£<*£££%&, nnt neces^ that a bursar sl ,„„ld reside. A, 4 j = + k g nffl^Ps iii the University which would be taken as an alternative 14 th March ,« 7 .. ^[^ ^ ^.^ of a fej^jp, I think I may say that they would all involve residence in the University for a certain period ; not the same amount of residence that is required from tho^e who are actively engaged in college duties which would be a residence for the whole or nearly the whole of the term, but a certain statutable residence. A professor, tor instance, is obliged to reside for a certain period in the University. The University offices which I am speaking of now as alternatives to Holy Orders as qualifications for fellowships, are most, of them professorships There is, as I think I have mentioned, m. some colleges the alternative that the master and fellows, the majority of the college, may license the retention of a fellowship by a person eminently distinguished m lite- rature or science. 2184. Even without requiring residence ? Even without requiring residence. 2185. Has that been frequently done? Thus far it has not been very frequently done, I think If your Lordship will permit rue, I may mention that there is one case where a person elected as a fellow of a college was re-elected as a fellow in consequence of his public distinc- tion, and he certainly would not as a fellow be required to reside. It happens that he does reside, but he resides in a different capacity, namely, that he is also a professor, and as professor he must reside ; but they are two totally dif- ferent matters. 2186. As I understand you, there is something in the nature of a dispensation from residence in the case of great literary merit ! There is a dispensation from taking Holy Orders. With that qualification, a man is allowed to retain a fellowship beyond the period he would otherwise be allowed to hold it. If I may be permitted to make one more remark, it is this, that in some of the colleges there must be a majority of the fellows in Holy Orders. In some of the colleges all but one or two must be in Holy Orders, unless they have some alternative qualification. The alternative qualification differ? in different colleges ; in some it is University offices or college offices ; in some it is certain University offices only ; and in some it is either University or college offices, or distinguished eminence in literature or science. 2187. Lord Lyveden.] I think you have stated that you think the best test would be a declaration of membership of the Church of England ? As a general ttst, I think that is the best. 2188. Does that test imply, in the present state of the church, any particular religious belief, or merely that you are within the scope, as it is supposed, of the doctrines of the Church of England ? I think it involves that a person is a bond fide believer in the doctrines of the Church of England. Of course there are shades of opinion in the church which go by different names, and the test is certainly wide enough to include those shades. 2189. Is it as distinct a declaration as the subscription to the Thirty -nine Articles ? I should think that it ought to be, I should think it is. 2190. Do you think it possible for a man of very little or no religious belief to take the declaration of conformity ? No, I think not. 21 91. Have the tests, which you are an advocate for, been found to mitigate controversy and to exclude infidelity ? I think that tests are possibly imperfect, and there may be cases where they have not excluded infidelity ; but I should think those cases are very rare in- deed ; and I lake the great point of the test to be that it maintains the religious character of the place, and prevents persons at all events from teaching that which is contrary to the faith which they have declared their acceptance of. 2192 Are SELECT COMMITTEE ON UNIVERSITY TESTS. 227 2102. Are you not aware that it is notorious that men with no religious belief T - WamHr, Esq., nave taken these tests for a long time ? LL - D - I have been tuld that there have been cases of that kind ; but I can only take 14th March 1871. that as an instance of the imperfection of tests. 2193. Have you still a belief that these tests would effect the object that you desire ? J Practically they do to a very great extent. 2194. Do you mean to say that no persons of the description I allude to, have ever taken them in your time in the University of Cambridge ? I should be unable to say positively that no persons have clone so ; but I do not myself know of any persons who have. 2195. Have the tests prevented religious controversy in the University? There has been no acrimonious religions controversy in the University, I think. 2196. But is it not plain that there does exist very great religious controversy, and has it not been increasing of late years? I think, perhaps, it has increased somewhat. 2197. Has there not been, as has been stated by numerous witnesses before the Committee, an increasing desire in the University of Cambridge to remove the tests? My answer to that would be, that T believe there are at present more persons who desire to remove them than there were probably some years ago ; in that respect I might say that the desire has increased; but I think there are several causes for that. The very fact of the agitation for the removal of tests is in itself a reason why the sentiment in favour of the abolition should have increased. That is what I alluded to when I spoke of the indirect operation of legislation as influencing public sentiment ; it. influences sentiment in favour of the line that legislation is taking. I think that it must be within the knowledge of us all that the course which legislation takes, and the course which it appears that legislation will take, influences the sentiments, more particularly of young men, very greatly indeed ; there are various reasons why it should be so. 2198. Do you think it advantageous to the Church of England that the inju- rious reproach should rest upon it, of excluding men of talent from positions they might otherwise occupy, by enforcing a test which precludes their ever attaining them ? It appears to me that persons who do not conform to a double test nave no more right to complain of being excluded on account of failing to comply with one of the tests than those have who are excluded on account of failing to comply with the other. We have two tests. The Universities and their colleges have constantly been described as being places of religion as "ell as of learning; they are described as such in this Bill ; they have been described as such in the statutes of their foundation ; they have, by the legislation of Parliament in the statutes of Queen Elizabeth, in later statutes, and even in this very Bill, been described as being places of religion and learning. The mode whereby we may succeed in making a place a place of religion and learning is by having a test of each of those qualifications in the candidates. We have a test of learning, and we have a test of religion. It appears to me that he who does not conform to the religious test as welf as to the test of learning, that is to say, the educational test, has no right to complain that he is excluded from advantages which he went to the University well knowing that he could not have without complying with both tests, anv more than a person who does not conform to the test of education h&s a right to' say, " 1 do not choose to attain, or I have not the ability to attain, the requisite position in the degree list; it is a hardship upon me to exclude me from these advantages ; I am a religious person, why am I to be excluded ?" 2199. You think that neither the public nor themselves have any right to complain of their being excluded from that position to which their talents entitle them ? „ , . . Al If the sole test were a test of talent and of learning, as is the case at some institutions, no doubt, then, I should say, that the public would have a right to complain of their being excluded. & , 17# n r r f 2 2200. \ou 928 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Warafor, Esq., 2200. You consider that the colleges and the Universities are merely places ll.d. f religion ? .■,■,<. h M ~T l871 I consider that tbev are both places of religion and places of learning ; and as 4 . „ ' a person does not by virtue of his religion alone gain the advantage of the University, I say that persons, by virtue of their learning only, ought not to o-ain the privileges and the emoluments of offices of trust for which a combination of learning and religion is required. 220 t. Lord Stanley of Alderley.] With regard to clause 3, lines 23 to 27, I understand you to object to the words, " To attend, or abstain from attending, any form of public worship, or to belong to any specified church, sect, or denomination ; nor shall any person be compelled, in any of the said Univer- sities, or in any such colleges as aforesaid, to attend the public worship of any church, sect, or denomination to which he does not belong," as being a legisla- tive encouragement to persons to belong to no creed ? Yes. 220-2. Would you object to a substitution of " college public worship," or " Church of England worship," instead of " any form of public worship," so as to relieve Dissenters, which is the ostensible object of the supporters of the Bill, without opening the door to avowed disbelievers in all creeds ? I should object to it, though I should regard that as somewhat less objectionable than the clause which at present stands in the Bill. 2203. Would you object to it as being invidious to the Church of England in singling it out, or on what ground ? I think that would be one ground, and there would be other grounds also ; but, as I was not prepared for the question at the moment, I can hardly state them now. I think it would be undesirable to have those words. I should regard that as a modification of the present clause, which would be less objec- tionable than the present one, but still I should object to it. 2204. Chairman^] Ts there any other point which you would wish to state to the Committee before your examination is concluded ? No, I think I have already pointed out that the safeguards which exist are only those which exist by virtue of University or college legislation, which can so very readily be modified that they do not amount to efficient safeguards, and that they would have this disadvantage (it appears to me), that the state of things would very much depend upon the existing constitution of each college, and, therefore, would be likely to be varied from time to time. I think our great safe- guards are Parliamentary safeguards, which are fixed, and not capable of being altered in consequence of the temporary feeling in the Universities. I should hope that whatever safeguards are introduced will be legislative safeguards, and not those which would make the Bill really a permissive Bill as to all that is left to us. The Witness is directed to withdraw. The Reverend FRANCIS KNYVETT LEIGHTON, d. d., is called in ; and Examined as follows : v Tr^fj u 22 °5- Chairman.'] You are Warden of All Souls, I think ? J*, it. Leighton, v J ' d.d. x es * - 2206. And you were Vice Chancellor of the University of Oxford until the end of last year ? I was. 2207. Have you paid considerable attention to this Bill? Yes ; to the object of it more perhaps than to the Bill itself. 2208. You are aware of the general tenor of its provisions? I am. 2209. What is the present state of University jurisdiction over professors with respect to the opinions they may profess publicly on religious questions ? I am not aware that there is any special provision for the case of professors. Like all other members of the University, they are subject, upon delation, to the supervision of the Vice Chancellor, who is specially charged by the statutes with SELECT COMMITTEE ON UNIVERSITY TESTS. 229 «sm& x; d «L te^S a? - — «' 221 1. Would the Board be appointed by himself? Divi^bX'one?' ^ * ^ D ° Ct ° rS ° f ***» the Regius Professor of the 2 \ ! e7ei^lv ny n, C TlI USi0n t0 ^ ^ e ri * fienior doctors sll0 »W come as to tne heteiodoxy, or otherwise, of the opinions expressed by the nrofe^or tlZ Vice Chancellor would be competent to act upon ? 7 V loie ^ or > the Yes. ' » n?!. 3 ' ^ U PP 0s k in g tbat the here sy of the professor had been established by such a proceeding what power would the Vice Chancellor have with respect to it = J. believe the penalty might be suspension from hi, functions; I am not sure that i::^ot-^;. iha ° that - without «*-* - ^ ^° ^ i ^n datfon 4 ? Y ° U ^^ " 0t ^^ thUt the Vi0e Chancellor has the power of degra- Yes; he has the power of degradation in certain extreme cases. 2215. Without the authority of Convocation » The penalty I think, is imposed without the authority of Convocation ; but the ac of degradation takes pace m Convocation. In. case of the absen C ; of he accused, the assent of the house is asked to the instrument of degradation. 2216. Are you aware in what cases that power would arise ? In cases bringing discredit on the University, and also, I presume, in cases of conviction of heresy, to which T have alluded, if expulsion from the University implies degradation. • y 2217. Then in that case there would be the power of degradation, as well as the power of suspension ? Yes ; in that case there would be the power of degradation, and a provision is made in the statutes for carrying out the process of degradation. 2218. Has Convocation beyond that, any larger power of degradation ? I am not aware, but I think it has not larger powers ; it may act independently of any previous sentence passed by the Vice Chancellor. _ 2219. No action could be taken against a professor until the judgment of the six senior doctors had been given ? I think not, at least not under that particular statute. 2220. When you speak of the six senior doctors, do you mean the six senior doctors on the University roll ? I believe that the six senior doctors resident in the University are usually taken. 2221. That statute has been acted upon within your memory, has it not? I am not quite sure ; I think so. 2222. Was it not acted upon in the case of Dr. Pusey ? Yes; that was the case in my mind, but I was not resident in the University at that time, and I cannot speak positively as to the steps that were taken in that case. 2223. The sentence that was then passed was a suspension of the person accused from the power of preaching, for a limited time, was it not ? Yes ; it was a suspension from preaching for a limited time, two years or three years, I think, but I am not sure. 2224. But the jurisdiction then exercised, and the jurisdiction of which you have spoken, arises entirely out of words uttered in a sermon, does it not ? (17.; FF3 It 230 MINUTES OF EVIDENCE TAKEN BEFORE THE r It does when the Vice Chancellor acts with the assistance of the six doctors ; F. K. heighton, but he has besides the power of removing from the University those, who speak D - D - against the doctrine of the Church of England. 14th March 1871. 2225. Is there any provision for controlling the expressions of a professor in the lectures he delivers from his Chair? I am not aware that there is any beyond the general powers already alluded to. 2:26. You have no ground for believing that there is any power of punishing a professor if he should use bis professorial position for the purpose of inculcating heretical doctrines ? I have no doubt that that power exists, but without referring to the statute book I could not answer your question positively ; the general powers just spoken of might certainly be put in force against them. 2227. Nothing in your experience, or in ihe experience of others that you have heard related, would enable you to throw any light upon that question? Nothing, that I now remember. 2228. The jurisdiction if it exists, is I suppose almost an obsolete one? It is almost an obsolete one : I recollect, no case within my own knowledge of its being exercised. 2229. Was any attempt made in reference to the book called Essays and Reviews, to r-iise the question of such a jurisdiction ? I do not recollect the exact course of the proceedings in that case, but I think it failed upon a poinc of jurisdiction in the Vice Chancellor's Court. 2230. You will remember that on the occasion of those proceedings to which I have just adverted, a proposition was made for condemning a certain work which excited much notice at the time ? Yes. '2231. And that that proposition fell through in consequence of the inter- ference of the proctors. Can you tell me whether, supposing Convocation were to condemn a certain work, any result would follow as to the power of professors or other persons in the University to teach upon it, that is to say, to teach the doctrines of the book which had been so condemned? I do not I now; I cannot answer your Lordship's question positively. A previous condemnation might be repeated, and that consideration will produce caution. 2232. You do not know whether Convocation possessed any censorial authority ? It has that certainly. In the case of Mr. Ward some years ago, Convocation attempted to exercise that authority, and proceeded to exercise it. 2233. And did actually exercise it ? And did actually exercise it in so far as that it was proposed, 1 think, to degiade Air. Ward in that case. 2234. Was that proposition carried? No, it was not carried, I believe. 223.',. But no doubt w T as raised as to the power of Convocation to degrade Mr. Ward if it had thought fit to do so ? Not that I recollect. 2236. What would have been the effect if he had been degraded ; would it have deprived him of his fellowship? I should think so; but that would depend in some degree upon the statutes of his college. 2237. There have been frequent cases, have there not, of recent years, where persons who obtained fellowships as members of the Church of England after- wards joined the Church of Rome, in which a question has arisen as to their retaining their fellowships; what course has been followed in those cases? In most instances. I believe, the fellows voluntarily resigned their fellowships. 2238. Do you recollect a case where that was not done ? 1 knew of a case where, in the first instance, it was not done ; and when called upon to resign the fellow declined to do so. He afterwards submitted to depri- vation, but refused to resign. 2239. What D.D. 14th March 1871. SELECT COMMITTEE ON UNIVERSITY TESTS. 231 2239. What steps were taken in consequence? Rev. As well as I can recollect, the fellow was cited by the head of his college, and F - K. L&ghton, upon refusing to comply with the citation his fellowship was declared vacant. 2240. Under what power was that ; was it under a power given in the statutes to cite, or was any other power made use of? I think it was under the power given in the statutes to cite, and perhaps under powers to deprive in certain cases. He was contumacious. The visitor gave an informal approval. 2241. Have the college themselves, or the visitors, any censorial authority over the doctrines preached or taught within the walls of the college ? I presume the visitor would certainly have such an authority upon appeal. 2242. What would his power be if, upon appeal, lie found that heretical doc- trines had been taught. I am speaking now of the colleges, not of the University? 1 suppose he would have the power to require that the person accused should renew the test to which he had originally given his adherence, and on refusal to deprive. 2243. That test, however, is established, not by the statutes of the college, but by the authority of Parliament ? Yes, originally. 2244. Supposing the test was removed by the authority of Parliament, in what position would the visitor stand in reference to the statutes of the college, with regard to the suppression of heterodox teaching ? It would depend, of course, very much upon the statutes of the college. The statutes of most colleges in their present condition would give him that power. 2245. The result then that I gather from your evidence is, that generally either the Vice Chancellor by himself, or Convocation, possesses the power of controlling the expression of heterodox opinions publicly within the University, and that visitors, under the statutes of most colleges, possess it within the walls of the college ? Yes; the Vice Chancellor has the power of requiring any one who is suspected of heresy to renew his test. 2246. But that again is under the authority of Parliament ? Yes, originally ; but the power of requiring a renewal of the test is given by the statutes of the University. 2247. Is that power specially contained in any Act of Parliament, or has it merely been set up by the University itself? I think it has been set up by the University itself. 2248.- Under this Bill, of course such a power as that would cease ? I presume so. The test being removed, the power of requiring a renewal of it would cease. 2249. Is it your judgment with regard to the professors, that any of them are or have been inclined to make use of their Chairs for the purpose of teaching or implying opinions upon religious subjects which are not within the direct purview of the matters they are appointed to teach ? My general experience would go in the opposite direction, namely, that they have not consciously used their Chairs for such a purpose ; opinions will show themselves, however. 2250. Even where their own opinions were known to be of an extreme character ? Yes, so far as my own experience goes. 2251. But that is not an opinion that you would express absolutely and with- out reservation 1 Not quite, perhaps. I have heard of instances to the contrary, but am not willing to believe them. 2252. Supposing these tests were removed, should you regard the Bill as like to have the most pernicious operation upon the colleges or upon the University ? Upon the colleges. If the Bill were carried in its present shape, I should say (17.) FF 4 "s 232 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. F. K. Leigklon, D.D. 14th March 1871 its worst effect would be upon the colleges: I should like to see the University and the colleges dealt with separately in any legislation upon the subject. J hey are essentially distinct. 225' You think the professors would be much as they are now ? ^ It would be a long while before there would be much alteration in the pro- fessors, I think. 2254. In what way would you think that the action of this Bill upon the colleges would be detrimental ? I11 removing the security that we have for Church of England teaching from the tutors and lecturers, and further than that, the security for even Christian teaching. 2255. The question at the University, as far as religious controversy is con- cerned, rather embraces the controversy between Christian and non-Christian, than between church and dissent, does it not ? Itdoes in its present state. 2256. If you apprehended any great change in the religious character and teaching of the colleges, it would not be that they would become disssenting, but that they would become infidel ? Pos.-ibly that would be the most general result, but it would not be exclu- sively so under this Bill, if carried into law. 2257. What species of nonconforming should you expect to attain a position in the colleges in case the tests were removed ? Do you intend the word Nonconformist to extend to Roman Catholics? 2258. I intended to take the widest interpretation ? I think it is most likely that that would be the form of nonconformity that would prevail most in the first instance. 22.19. So tnat so rar as tlie Bil1 had an action in modifying the religious teaching of the colleges, you prophesy that the result would be that the teaching would be more infidel or more Roman Catholic ? Yes ; but by no means excluding other Nonconformist teaching. 2260. You think that that too would be represented? Yes. 226 t. Should you anticipate much mixture of religious belief in the staff of the colleges if this Bill were to pass ? I think, it might be very possible ; probably the same views would prevail throughout a college, and that would give to the whole college one bias. 22G2. You mean that it is your opinion that the fellows of a college directly they became by any accident biased in one direction would use their elective power for increasing and making permanent that bias? Yes, in all probability ; and candidates of that particular bias would offer themselves for election in greater numbers than others. 2263. Ifthev did so, they would do it in defiance of their statutes, would they not? That depends very much upon circumstances. When this Bill is carried, such securities will depend rather upon college statutes and University statutes than upon anything else. The protection given by Act of Parliament will be removed, and the college statutes will be the foundation of any security of that sort. The college statutes are easily altered ; and as the Nonconformist strength of a college increased, in all probability they would be altered so as to give facilities for election in that direction. 2264. Do you imagine that the provision which forces the fellows to regard principally intellectual pre-eminence would not have the effect of preventing them from electing fellows of their own religious bias ? I ihink there would be a very strong temptation to choose men of their own religious bias. I do not mean to say that any obligation to give the first place to intellectual superiority would be neglected by them ; but as the matter stands at present, they elect to the colleges as places of religion as well as learning. 2265. You SELECT COMMITTEE ON^UNIVERSITY TESTS. 233 2265. You think that the definition of religion would vary in each case ? Rev. Yes, in all probability. F & Leighion, D.D. 2266. And therefere you would rather expect that there would be a tendency h a i^~ l871 particular colleges to attach themselves to particular shades of belief? _.. " Yes, I think so ; and as the tendency increased, the pressure in that direction from without would increase also. 2267. What effect do you think that would have upon the young men. Do •you believe that they would maintain their own dogmatic belief as sharply as •before in that state of things ? I should think not. They would be very much influenced by the teaching to which they were subjected. 2268. Do you not think that the knowledge that there was just over the way another college teaching diametrically the reverse, would tend to give them an .impression that there was no particular truth in matters of religion '! Yes, I think it would have that effect, certainly. 2269. And therefore, apart from any success which individual infidels might -obtain under this Bill, in lodging themselves in colleges, there would be a general tendency to unbelief, on account of the variety of teaching that would be encouraged ? Yes, I think that would be the case ; young minds would be unsettled and .perplexed. 2270. Should you not say that since there have been vehement controversies upon certain matters that are within the bounds of the Church of England, there has been a tendency to indifference upon these matters among the young men of late years? I think there has generally, but of course the exceptions are many. 2271. You think that a period of lassitude has succeeded to the fever-fit of controversy ? Yes, as a general rule. 2272. Earl Stanhope.] Considering this Bill, and assuming for a moment that the Legislature design some such Bill to pass, have any special safeguards -occurred to you for religious teaching that might be advantageously introduced into the Bill? I think the restriction of the headships of existing colleges and halls to members of the Church of England would be one such safeguard. I should like to see the present conditions of such appointments preserved. 2273. As it was in the Bill of last year? As it was in the Bill of last year, when it was first introduced, as well as I •recollect it. 2274. Is there any other point which it seems to you desirable to provide for? I think a distinction might possibly be made between resident and non-resident fellowships, the one being subject to tests, and the other not being subject to tests. 2275. Would you think it desirable to have a legislative provision that in no case should Divine Service cease to be celebrated according to the rites of the Church of England in any of the college chapels. I think it would be very desirable that such a provision should be secured for existing colleges. I believe the chapel service exercises a greater and more wholesome influence than is generally supposed. 2276. That it should not depend merely upon University decisions, but upon legislative sanction ? Upon legislative sanction. The University decisions upon such matters, as your Lordship is, perhaps, aware, do not touch colleges. 2277. Should you feel apprehensive of the effects of the Bill with such changes as you have now suggested ? I would rather that we had not the Bill, I confess ; but I think those amend- ments would very much limit the prejudicial effect of it. (17.) G g 2278. Is 234 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 2278. Is there any other point which you could suggest as desirable for adding F. K. Leiahton, t0 ur alt-ring this Bill : BJ> - Xonc occurs to me at present. 141k March 1871. ^ Lord Rosebety.] Do you attach any value to the 4th clause of the \ think the sting of the Bill lies in the repealing clause. I attach very great importance to the 4th clause, if it is not counteracted by the repealing clause. -280. Earl Cowper.] 1 think you have stated that the great struggle going on now at Oxford is between Christianity and non-Christianity, and not between Dissent and the Church ? , „ I should hardly use so strong a term as " non-Christianity. 2281. You would say between Christianity and infidelity? Or rather scepticism. I think that is the struggle at present. 2282. Do you not think that this arises to a certain extent from the Church having to fight the battle alone, and that the admission of religious Dissenters would tend to strengthen Christianity ? It might to a certain extent ; but it would also divide the power of Christianity as opposed to scepticism in the University. A large body of Dissenters would, no doubt, support (he Churchmen in their struggle with scepticism. 2283. You think that the presence of a large body of Dissenters would do more harm by the differences they might have with the Church than good by bringing aid to the Church at any other point, and doing their best to help it to check the growing spirit of infidelity ? I think your Lordship said, " a large body of Dissenters" ? 2284. I quoted the word in your last answer? I used a wrong phrase. I meant rather that a large proportion of the dissent- ing bodies would support the Church in such a struggle. I think that the presence in the University of a large body of Dissenters, divided in their views, would have the bad effect to which your Lordship alludes. 2285. I think your apprehension of the effects of this Bill upon colleges did not arise so much, as far as I could gather, from your dread of the teaching of any single tutor as from your dread of the fellows as a body becoming favourable to the teaching of doctrines which you might consider objectionable? In the first instance, 1 conceive the danger would arise from the influence of individual teachers, and after that from the college becoming impregnated with one set of views. The tendency of colleges would be to denominationalize them- selves. 2286. Would not the teaching of the individual tutors always be modified by the general opinion of the body of the fellows ; I think the fellows have the power of removing a tutor, have they not ? I am not sure about that ; it is a moot point whether the removal of a tutor rests with the head of the college, or with the collegiate body. I may say, by way of explanation, that the circumstances of my own college do not enable me to speak with authority on this point. 2287. Do you mean that it is not known whether the fellows have or have not the power to remove a tutor, or merely that you do not recollect whether they have the power or not ? I do not recollect whether it is clearly decided or not. In all probability it is different in different colleges. As a general rule, I believe that the head appoints and removes tutors ; the college appoints and removes lecturers; the Vice Chancellor has power to cancel the appointment of an unfit tutor. 2288. Passing to another point, I think it has been generally admitted that books of all kinds are encouraged to be read by undergraduates, or at all events by those undergraduates who wish to take high honours ? Yes, I believe so. 2289. And that therefore any undergraduate, or, at all events, any under- graduate aspiring to honours would, by the necessity of his reading, become aware of all the varieties of religious opinions, and all the different doctrines which are in SELECT COMMITTEE ON UNIVERSITY TESTS. 235 in existence, and could nctfail to know that there is an immense variety of difference R ev . of opinion upon religious questions in the world ? F. K. Leightor. Yes, to a large extent he would. D - D - 2290. Do you think that the circumstance of different tutors holding different Ht h March 187 1 beliefs would make any material difference in regard to the undergraduate being ~ impressed with this fact ? I think so; he would be brought more immediately in contact with the variety of teaching than he would be through books; and the personal influence of the tutors would weigh with him. 2291. You think that, practically, the fact of these different tutors not being of the same form of belief, would have more effect upon him than the same dif- ferent views brought before his mind in his ordinary course of reading ? I think it would, certainly. 2292. And you think that the tutors would bring these differences out in their lectures and in their teaching? They could hardly fail, I think, if they were honest men, to put forward their own conscientious belief. 2293. You do not think that they would be restrained by general opinion from putting their differences prominently forward ; you tlo not think that they would be more inclined to lay stress upon those points upon which they agreed than upon those upon which they differed ? I presume your Lordship is speaking of the state of things under this Bill, supposing it to pass into law ; I do not think that they would ; in the present state of things they would be restrained by the consciousness that they had sub- scribed to a test which might be controverted by their teaching. 2294. Earl Beauchamp.] I rather gather, from what you have said, that, your objection to this Bill does not lie so much in its providing admission to the Universities for religious Dissenters, as in its sweeping away the safeguards against irreligion ? Yes, that is my view, to a great extent. 2295. Do you see any plan by which religious Dissenters, that is to say, what we may call the orthodox Dissenters, could be admitted, without relaxing the tests so as to admit persons holding infidel opinions ? It would be very difficult. 2296. There is of course a difference between the various forms of tests, as applied in the two Universities r Yes; the tests vary both in substance and in their operation upon different minds. 2297. In some cases, the declaration of conformity to the Church of England is found to be more stringent upon some consciences ; and in other cases, the declaration of bona fide membership of the Church of England is found to be more stringent ? Exactly so. 2298. But your objection to this Bill lies in the sweeping away of all safe- guards against irreligion ? Yes, in great measure. 2269. The barriers that would be left would rest only upon college statutes, would they not? I think they would rest only upon college and University statutes. 2300. The college statutes are liable to be altered, with the consent of the Visitor, by a majority of the college for the time being, are they not ? I think it must be not only with the consent of the Visitor, but the proposed alteration must also go before the Queen in Council when it touches a college ordinance. 2301. You would object to have such a question as the connection of a corpo- ration, like a college, with the Church of England, depending upon the votes of a casual majority who had gained their position by a merely intellectual exami- nation, would you not ? (17,) g g 2 Yes; , r i^ MINUTES OF EVIDENCE TAKEN BEFORE THE Ye* • more especially as the founders of colleges generally had in view the r. K. Leighton, education of members," if not ministers, of the Church of England. U.D. ■^o\ You think a question of that sort ought not to be decided by gentlemen i + th March 1871. w]l o J had rained their position as the result of an intellectual examination only? "" I do. 2-?0'\ It is a matter which you think should be decided by Parliament, and ■o^o- not by individual colleges ? Yes ; I think it would be much safer that it should be so. 2304. It would lead, would it not, to. great contention in a college, if such a question was left open ? Yes; very great and very mischievous. 2305. Do you see any difficulty in enacting that all the college statutes bear- ing upon religion should not be altered except « ith the consent of Parliament ? Does your Lordship mean in each case as it arises ? 2306. I mean that there should be a general provision that no change should be made by any individual college, in matters affecting religion, without the consent of Parliament, or that no such change should be made except by the authority of Parliament ? I do not think that such an arrangement would be desirable in every case, but,. as a general rule, perhaps it would. 2307. That would be, at all events, some guarantee that gentlemen who had been elected to fellowships in consequence of their intellectual distinction should not alienate a college from the Church of England, in consequence of a tem- porary and casual majority of their number being hostile to the Church ? It would be valuable to have such a security. 2308. It would be a greater security than requiring an application to the Queen in Council, would it not ? I think it would, certainly; there would be more stability in it. 2309. Practically, the Queen in Council means the Ministry of the day r Yes. 2310. To turn to another branch of the subject ; I understood you to say that it. would be a long time before the operation of the Bill made itself felt in the case of professors, bu t would not the distinct abandonment of the connection between the Universities and the Church of England necessarily lead to a different line of action with regard to all University legislation? Yes, certainly; legislation must be adapted to the altered state of things. 2311. At the present time, University legislation, upon many matters that arise, is based upon the assumption that the University is indissoiubly connected with the Church of England, is it not? Yes, to a very great extent ; exceptions are made to meet the case of under- graduates who are " extra Ecclesiam Anglicanum." 231 2. If Parliament were to pass a Bill which made it a matter of indifference whether the Unversities were connected with the Church of England or not, the whole current of University legislation would be liable to be altered, would, it not? Yes, in most respects. 2313. You have been for many years a member of the hebdomadal council r I think ? I have. 2314. And as Vice Chancellor of the University, of course you have made your- self familiar with the course of University legislation ? Yes. 2315. The whole tone of University legislation would necessarily be altered if this Bill were to pass, would it not ? It would, but not immediately, I think. Some legislation would be immediately necessary, but the alteration prospectively would be produced, and in its fulf extent distant. ■2316. Still SELECT COMMITTEE ON UNIVERSITY TESTS. 237 2316. Still it would be a certain result, though not an immediate one? jr^r *'<>•** It would be a certain result, though perhaps a comparatively distant one. '■ -^^g ° n > 2317. Do you think it would be possible for the University to maintain the ^ M^hi87i. censorship over University sermons and the teaching of heresy, which you ______ "° described to us, if this Bill passes in its present shape ? It would be very difficult ; almost impossible. 2318. It would be difficult because it would be inconsistent with the principles laid down in the Bill ? Yes. 2319. Lord Hartismere.] We were told by witnesses both from Oxford and from Cambridge that there was a feeling in Oxford and in Cambridge that no one would refuse to take the test, because they considered that it was a mere form of words, and that it was not at all binding in any way. From your expe- rience, should you say ihat that is the case at Oxford ? I have never met w ith any case of the kind ; but it is a possible, I hope not a probable, one. 2320. Lord Colchester.] You made some statement relative to the power wbich might be exercised over a professor in case of heresy ; that power of course would be swept away by this Bill ? Ye* ; it would be entirely swept away. 2321. With regard to the case of fellowships, you also mentioned that felloeir who had become Roman Catholics had in most cases voluntarily resigned their fellowships ? I think that has been the case. 2322. Of course it, may be assumed that fellows who might become Homan Catholics would see no reason to resign in future, if this Bill passed ? I should think not certainly. 2323. They would have no wish to resign of themselves from an objection to being connected with a mainly Protestant institution, would they? Mo, nor would there be any compulsion upon them to resign, either as a matter of law, or as a matter of honour- 2324. Therefore it is very probable that a considerable number of Roman Catholic might be fellows, and possibly tutors of colleges, if the Bill were to pass ? Yes, I think so. 232". I think a safeguard to which you attach some value is the retention of the connexion of the headships with the Church of England ? Yes. oo 2 6 You do so probably upon the ground of the agitation which might be caused by the election of a head, if the fellows were of different religions, and if the elections depended upon religious questions? My chief reason for saying what I did was, that the appointment of almost all the college tutors is in the hands of the heads of the different colleges ; but I have no doubt that what your Lordship suggested in your question would also be a very cogent reason for it. 2 ->•>- Do you see any reason to fear that in some cases the election of the head by the fellows of a college might become an unwelcome arrangement, if there were much difference of opinion on religious matters between the fellows t Yes, it would be very difficult to make a generally acceptable election under such circumstances. 2^8 Do you think it would be desirable then that the head should be appointed by some external body, as is the case now with regard to some colleges at Oxford ; Worcester, for instance ? ,,,.,., That would depend entirely upon what that external body might be. 2329. The election by the fellows might become very inconvenient, might it not ? .r ( 17 /) GG3 ies, 238 MINUTES OF EVIDENCE TAKENBEFORE THE Rev. Yes, there would be very great difficulty in arriving at a conclusion ; and the F. A. Leighton, consequences might be inconvenient also. D.D. ^ - — - , 2^qo. You have referred to the words "religion and learning " which exist in 14th March 1871, ,^1 u j- j * t. *„„ t ______ most of the college ordinances and statutes : Yes. 233 1 . And you stated that you considered that under these words it would be very probable that a fellow of a college might feel justified if he was a Churchman in voting against a person who was not a Churchman, and if he belonged to another denomination, in trying to introduce persons of his own denomination ? Yes, 1 think so. 2332. At present the religious element hardly ever enters into the elections to fellowships, docs it. I mean to say, religious difference rarely occurs? I am not a« are of any instance in which religious difference has avowedly affected an election, though it must have some weight with individual electors, I suppose. 2333. But under the conditions brought about by this Bill, you think it may become very probable ? Very possible indeed, and very probable. 12334. Do you think it would be less so if only fellows who took no part in the government of the college were admitted without a test? Yes, certainly it would be less so in that case ; it was to this point that I referred in what I said about residentiary and non-residentiary fellowships. 233.5. Would not fellows be willing to elect a man upon general grounds of merit to a prize, while they would not be willing to elect a man who was hostile to the Church of England, or to their views of religious truth, to an office of trust ? Yes, I think so. ^3 3 < 36. Earl of Carnarvon.} Assuming that this Bill is to pass in some shape, and assuming also that some compromise is an object to be sought after, what suggestions are the Committee to understand that you would make, with a view to the modification of the Bill ? I think my chief suggestion was with respect to resident and non-resident fellowships ; dividing fellowships into two classes, and not subjecting those who hfld non-resident fellowships to tests of any sort or kind. 2337. Will you tell us how you would deal with non-resident fellows, so far as tests are concerned ; would you relieve them altogether from tests ? I would relieve them altogether from tests, make their fellowships terminable, and allow them to marry. 2338. And would you maintain the existing test with regard to resident fellows ? I would rather retain that ; but I take it as a foregone conclusion that it cannot be retained. 2339. Do you see your way to retaining any modification of the existing test for the resident fellows : I do not ; I have heard many suggested, but I have heard none that I think could safely be adopted. 2340. You remember, of course, Sir Roundell Palmer's declaration, that he proposed in the House of Commons ? I remember the general tone of it ; I think it was a promise not to teach any- thing contrary to the doctrine of the Church of England. 2341. Would that, in your view, be sufficient as a test to apply to resident fellows ? Jt would be very much better than no test. 2342. It would go some way towards satisfying you, so far as the professors of the University are concerned ? Yes. 2343. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 239 2343- Do you think you could apply any form of it to the resident fellows in &ev. the different colleges ? F - K - Leighton, Yes, I should think so. In all probability the teaching of the college, and D ' D ' the administration of the college, would be with the resident fellows, and for H& March 1871. these I think some test absolutely necessary. " 2344. Do you think a negative declaration of that nature, that they would neither say nor do anything in opposition to the doctrines or discipline of the Church of England, would be anything in the nature of a safeguard? It would be something in the nature of a safeguard ; not so much as I could wish to see, but still it would be better than nothing ; an honest man, whether fellow or professor, would observe it. 2345. Would you prefer that kind of negative declaration to a test which looked simply and solely to Christianity, rather than to any particular form of Christianity? No, I think not. It would not secure the Christian character of the person making it ; it would only be a guarantee against the abuse of his position. 2346. Comparing it, for sake of illustration, with what has been proposed, an assent to the Nicene Creed, which of the two forms would you prefer ? I would prefer myself assent to the Nicene Creed ; but I think that is of such very unequal bearing, that one could hardly hope to see it adopted '; it would admit certain forms of dissent and not others. 2347. Of course I presume you would wish to see the heads of houses retain their present position ? Certainly ; at least the heads of all existing colleges and halls. 2348. Would you be willing to abandon the test as regards the Master of Arts degree, and with it of course the membership of Convocation ? Yes, as a matter of necessity, not as a matter of choice. 2349. Would you look upon it as a matter of consequence that you should retain in some form or other the use of college chapels for the Church of England service r Yes ; of great consequence. 2350. Is there any other suggestion which you could make which would, from your point of view, mitigate the evil you apprehend under the Bill, or that would carry out more completely the spirit of what may be supposed to be the preamble ? If I understand the preamble rightly, I do not think the preamble is carried out by the Bill ; I do not think it provides " proper safeguards for the mainte- nance of religious instruction and worship in the said colleges, and Universities." 2351. That is not quite what I meant to ask you ; my question was rather directed to this. Could you suggest anything which, without being in opposition to the wording of the preamble, and consequently to what one may suppose to be the general spirit and intention of the measure, would yet tend to obviate some of the evils you apprehend under the Bill ? , . Nothing beyond what I have already suggested, as to the division of fellowships into resident and non-resident fellowships, subjecting the one to tests, and exempt- ing the other. 2352. Accepting such a declaration as that proposed by Sir Roundell Palmer in the case of the professors, and retaining the heads of houses in their present position ? Yes. 2353. And in maintaining the Church of England worship in the chapels ? Yes. 2354. That of course would not remove your objections to the Bill but at all events it would go some way towards rendering it less unpalatable to you, and Jo a very large 8 number of persons in the Umvers.ty who share your appre- hensious ? Yes ^certainly. q q ^ 23 . 55 . Chairman.] 240 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 2355. Chairman.] You agree with the majority of the witnesses in attaching F. K. Lehjhton, ve ,.y g. reat importance to the college chapel ? "• D - Certainly. 14th March 1S71. ^^ 6 That . g ^ e of tIie mo( ]ifi C ations which you would desire to see inserted in the Bill ? Yes. 2357. Who selects the preachers in the University? They are divided into two classes, viz. : those who preach in turn, and the select preachers who are appointed by the Vice Chancellor, the two proctors and the two Professors of Divinity, the Regius Professor, and the Margaret Professor. The Vice Chancellor has also in his own hands the appointment of preachers on several occasions ; and, according to statutes, no one can preach before the University without his approval. 2358. Is that under a University statute, or is it under any Act of Parlia- ment? Under a University statute. 2359. A University statute cannot be altered, can it, without the consent of the Queen in Council ? Yes ; certain University statutes cannot, but the greater part can. 2360. It would be competent for the University to modify that Board if it should see fit ? Quite so ; and within the last three weeks a proposal has been made for a modi- fication of that Board ; it has not come before Convocation, and is not likely at present to come before Convocation ; but it has been discussed in Council. 2361 . Nothing can come before Convocation unless the Council approves of it ? No ; all legislation must originate in Council. 2362. The proctors are not chosen by the University, or by the colleges ; they come in by accident, as it were, do they not ? They become proctors by the choice of the colleges to which they belong; being proctors, they are ex officio members of that Board. • 2363. It is not a matter of seniority in the college r No ; it may in some colleges be treated as a matter of seniority, but it is not so by statute. 2364. The college has the nomination after the cycle? Yes. 2365. But within the college the college is responsible for the person selected ? Yes, certainly, except in the case of proctors coming from the halls, who are elected by the halls collectively ; the halls have not a place in the cycle, except as a collective body. 2366. Together they elect one proctor ? Together they elect one proctor ; they have done so this year. 2367. Earl Beauchamp.] Practically, is it within your knowledge that any j'-mior member of the college has been elected, in preference to his senior, to the office of proctor when he was willing to take it? I know of no such case ; but there is nothing in the statutes to prevent it. The college is responsible for the fitness of the man appointed. 2368. Earl of Carnarvon.] The governing body in the different colleges, as you are aware, is very often a limited one in point of number; I believe, as a general rule, that body in dealing with the questions that come before them sit with closed doors? They do not admit the public. 2309. Of course no one, except the persons in that room, knows what the business is that is transacted there? None, except by hearsay; though not public, it is not secret or confidential. 2370. It SELECT COMMITTEE ON UNIVERSITY TESTS. 241 2370. It has been suggested that it. might be desirable, as the number is so Rev. limited, that some more general information should be given publicly as to the F. K. Ltnghton, nature of the business transacted ; would that, hi your opinion, be a desirable ' P * change, or the reverse ? 14th March 1871. I do not think it would be a desirable change, or helpful to the transaction of business. It might in some cases check foolish speeches. 2371. Have you ever known any inconvenience arise under the existing state of things from the absence of publicity ? No, I am not aware of any. 2372. Earl of Kimberley.] Do you see any objection to publicity being given in cases where the constitution of the Board was to be altered, preserving secrecy for cases of discipline and ordinary management ? I do not think it desirable, especially when one considers what the constitution of colleges might become under this Bill. 2373. It would be possible to make such a change? It would be quite possible. 2374. Chairman.] Js there any other point which you wish to lay before the Committee with reference to this Bill ? No. The Witness is directed to withdraw. The Reverend HENRY ALLON, is called in; and Examined as follows : 2375. Chairman.] You are a Nonconformist Clergyman ? Re v. IT. A lton. Yes. 2376. To what denomination do you belong? To the Independents or Congregationalists. 2377. You are well acquainted with the College of Cheshnnt? I am. 2378. Were you educated there ? Yes. 2370. That, I believe, is in strict connection with the Congregationalist body ? Only accidentally so ; its history is somewhat peculiar ; it was originated by Lady Huntingdon while she was yet a member of the Established Church, in order to supply religious ministers who she thought were not supplied in suffi- cient numbers, and to do a kind of auxiliary work to the Church of England. She accordingly founded this institution ; at least called it into existence, for it scarcely had a foundation, with the view of supporting students educated there, and sending them out to preach as she herself thought proper. It had no legal or any formal doctrinal constitution so long as she lived. 2380. I presume she furnished no endowment towards it? She furnished no endowment towards it ; she sustained it out of her income. 238 1. But she furnished buildings, did she not ? A building in Trevecca was rented by her, part of an oldcastle of Henry the Second, and she resided there generally with the students ; it was in the year 1768 that she originated the college. 2382. After her death what was its fate ? She died in 1791. After the college had been instituted a few years, a number of gentlemen interested in her religious work, formed an association to sustain the college, in the event of her death ; I believe the Countess of Huntingdon's income ceased at her demise, and, therefore, these gentlemen formed a society to sustain the college, and obtained subscriptions for that purpose, and ultimately the present college at Cheshunt was founded, and put in trust under those conditions ; but before the death of Lady Hunting- don the constitution of the proposed college was agreed on, and a draft of the (17.) H h constitution 1 4th March 1871. 242 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. Allon. constitution afterwards embodied in the legal trust was approved of by her, and bv those who were acting with her. 2383. The part of the constitution upon which v\e are most anxious to obtain information is that which provided for the connection of the college with that religious body with which it is now connected, and for the religious teaching which takes place therein ? It never was connected with any religious body, and it is not now legally and formally connected with any religious body ; it is perfectly Catholic in its eccle- siastical character. So long as the Countess lived she admitted to the college any person of whom she approved, I suppose, after personal examination. After her death, when the college was legally constituted, the only requirement was a doctrinal one; 15 articles were drawn up, chiefly doctrinal articles of the Church of England, but added to, if not amended by, clauses from the Assembly's Cate- chism ; and no ecclesiastical requirement of any kind is necessary for admission to the college, nor are the students expected to exercise their ministry in connec-' tion with any particular ecclesiastical body. The Countess was a member of the Church of England, and when she seceded from it, it was simply that she might take advantage of ihe Toleration Act, and protect her chapels and her ministers. She never became a Dissenter in any voluntary or formal way, except so far as to take advantage of the Toleration Act ; so that the college was intended originally, I suppose, to supply her own chapels with ministers; she greatly encouraged the students to enter the Episcopal Church, as many of them did, and some of them have doue so very recently. The present Bishop of Gloucester received one student from Cheshunt into the Church of England by ordination about two or three years ago, and he bore very emphatic testimony to his excellent, edu- cation. 2384. I believe the teaching in the college is of a distinctive character, and principally religious ? Not only religious, but di-tinctively theological. 2385. And it has been always, to a great extent, in accordance with the belief in which the Countess ot Huntingdon lived and died? It is not easy to answer that question, because the 15 articles embodied in the trust, of which she approved, were of a highly polemical character; they were constructed during the time of the great "polemical contest between Topkdy and Whitfield on the one hand, and John Wesley on the other, hence the 15 articles are very emphatically Calvinistic and Predestinarian, and bear a very polemical aspect as read now; they have been, however, in substance uniformly insisted on. _ 2386 Are they insisted on in the case of the students only, or are they insisted on in the case of the teachers? In the case of all parties; I am one of the trustees ; I had to sign those articles when I became a trustee ; when I became a student, I had to sign the articles, lite tutors have to sign them; and the students have to sign them, and they are a, stumbling-block to many young men, who otherwise would have been admitted to the college. ^387- Several young men have declined to take the benefits of the college, account of those articles? Some have done so; I should not say several, but some have done so; very many, hiJe believing in the substantial doctrines set forth by the articles, have felt dim- culurs in subscribing to them from their polemical phraseology. The difficulty we nnd in admitting students is, that some of them conscientiously regard tne phraseology, as well as the substantial doctrine, which it is intended to clothe. ' 2388. The phraseology bears the imprint of the age in which it was com- posed ? r & Yes ; and of the peculiar circumstances of the time. 2389 Will you have the kindness to put those articles in ? With the pel-mission of the Committee 1 will hand in a copy of the Deed 0! J rust ot the College, to which is appended the 15 articles. (The same is handed in ; vide Appendix.) 2390. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 243 to sfgn'tl^aJtklesf ^ ^ tUt ° rS ' ** **" &S the StudfentS ' occasiona % ob J^ M^K-Allon. I am not aware of any instance of a tutor objecting to sign them; but almost 14th March l8yi - every tu or I have known would have preferred some other form of doctrinal — .est. Ihev are not, as a matter of course, departed from by either students or tutors, in any substantial sense ; but there are difficulties felt on account of the verbiage. 239 i. But the difficulties felt have never risen to that point that, the persons teel themselves at liberty to sign the articles, though entirely disbelieving them ? We have had no case of that kind. It is to be remembered that the younir men who seek admission to the college, have selected the ministry as their .profession, and they are commonly young men of some maturity of religious character. " 2392. Cheshunt College is what would be called a theological college? It is strictly a theological college, and hence the young men are very different from the ordinary alumni of a University. 2393. Are the tutors persons who have been educated at the college ? Not necessarily ; in fact no one in connection with the college is required to comply with any specified conditions except agreement with the articles. 2394. The college, though teaching Divinity principally, teaches other things besides, does it not ? Yes ; it is affiliated with the London University, and many of the students graduate there. 2395. Have you tutors or lecturers in secular subjects ? Yes, in mathematics, classics, and philosophy. 2396. In science also ? A little natural science is taught. The curriculum is only five years, and it is not easy to teach arts very extensively ; the last two years are almost exclusively given to theology. We wish, if possible, that the students should matriculate before entering, and some graduate; some even take their Master of Arts degree before entering. 2397. Has the college much property ? Not very much property ; there are endowments amounting to about 700/. or 800 1, a year ; it is sustained otherwise by subscription. The students pay some- what for their board. 2398. How are the students selected ? The students make application for admission to the college, avowing their desire to consecrate themselves to the ministry ; they are then examined by the college Board, before whom they come with recommendations from the ministers or the churches to which they may be attached. 2399. They are selected by the trustees? Legally by the trustees, but practically by the trustees assisted by a large committee. Legally the trustees have absolute power. The Countess was very despotic ; she exercised absolute power herself, and all her institutions are moulded on that principle. 2400. The Countess of Huntingdon left no endowment ? No; so long as she lived she sustained the institution, but no money came from her after her death, I believe. 2401. The endowments have come in since ? The endowments have come in from various sources. 2402. Is there any examination of the students in a religious point of view besides the signature to the 15 articles ? There is a very searching examination on their admission to the college ; it is a sine qua non that every student should be avowedly a religious man in addition to holding the requisite theological belief. 2403. There is an examination not only into the man's theologic.il belief, but into his spiritual state? in.) h h 2 He 14th March 1871. 244 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. AUon. He comes with certificates from the church of which he is a communicant, and the examining board gives special attention to that point. 2404. The teaching within the college you say is strictly theological ? Not exclusively ; of course, mathematics and philosophy are taught. 240.5. Theological teaching is scientifically theological, if I may use the ex- pression ? Yes. 2406. Have you ever lost any eminent men whom you wished to employ as tutors on account of the difficulty they felt in subscribing to those articles ? I am not aware that we have- We sometimes have had refusals when applica- tions have been made to clergymen, who have been quite eligible ; on one occasion the late Dean Alford presided at a meeting of the college on the ground that he represented the episcopal element in the constitution of the college ; and we have felt no difficulties in applying to clergymen when a professorship has been vacant. 2407. Has there been any feeling among any of the Nonconformist bodies as to the stringency of those tests ? There are about 10 or 12 colleges connected with our Nonconforming churches, and this college stands alone in having written articles. I have no doubt that many Nonconformists would object to those tests ; Cheshunt, till recently, has been regarded as not being, strictly speaking, a Nonconformist college, but prac- tically it has become so through the diminution of the immediate adherents of the Countess of Huntingdon. The Congregationalists have accidentally through the force of circumstances inherited the traditions of the Countess so far as the college is concerned, without conforming to all her views. 2408. It has been looked upon as being rather tainted with adherence to the Established Church ? I would rather put it as not being sufficiently pronounced in its Nonconformity; the consequence has been that while the colleges which have been strictly Non- conformist colleges have been sustained heartily, Cheshunt has not till recently received that full support which it now does receive from the Nonconformists. 2409. You stated that there were about 10 or 12 Nonconformist colleges; are you acquainted with their constitutions ? Generally ; not specifically. 2410. They avoid the machinery of tests as a rule, do they not ? Every student is examined very carefully by an examining board. 241 1. With reference to his belief, as well as his spiritual state ? With reference to both. No young man is received into our colleges without satisfactory evidence concerning both. I may say I think the authorities at Lheshunt would prefer that the students should be examined as to their belief oy an examining hoard, rather than that they should have to subscribe to the formulae of past generations, inasmuch as it is possible to ascertain satisfactorily the substance of a man's belief without binding him to the phraseology of former times. 2412. By such a course you avoid many of the scruples which arise from signature to tests ? Yes. 2413. Have you ever heard that preliminary examination is objected to as a hardship r J _ On the contrary, it is on all hands deemed essential, in all strictly theological institutions, that the opinions of a man desiring to enter the institution should be ascertained. 2414. Are all those 10 or 12 institutions strictly theological colleges? Une or two of the colleges (for instance, Regent's Park College, of which Dr. Angus is the president, and New College, of which Dr. Halley is the president, also admit lay students. 2415 At New College and Regent's Park College are the lay students ex- amined before admission ? " J 1 could not answer with sufficient authority upon that point. 2416. By SELECT COMMITTEE ON CNIVERSITY TESTS. 245 ■2416. By what machinery is the conformity of the teaching body of those Rev. H. Alton. colleges to your established standards of belief preserved ? , M - — r _ Generally there are provisions in the trust-deeds of the colleges, but in the * 4t arch 1871 . history of our colleges it has not always been found that orthodoxy was pre- served. 2417. There are some cases of deflection into Socinianism, are there not ? I am aware of only one. In the academy originated by Dr. Doddridge after- wards under Coward's Trust, Mr. Belsham became a tutor some years after Dr. Doddridge's death. That, I think, however, was simply through laxity of practice, and that was remedied by the appointment of an orthodox tutor, it being found altogether incongruous that Mr. Belsham should continue to be a tutor. I do not remember any other instance of the tutor of a college lapsing into heresy. 2418. The machinery, then, has simply been that the trustees or the teachers from time to time have introduced into their body other persons of the same mind as themselves? Yes, and we have a general belief that such freedom is the best preservative of orthodoxy. 2419. At all events, that that is the most effective machinery for preserving orthodoxy ? We think so. 2420. Under your trusts no persons of a different belief to your own are able to thrust themselves into your colleges ? Certainly not ; the administrators of the trust would of course feel bound to prevent the admission of any tutor, or even of any student who seriously departed from the belief of the founder. I mentioned Coward's Trust just now ; the words of the trust are, " That my said trustees, and those who shall succeed them, as is hereafter directed, do take care that the said students be well instructed in the true Gospel Doctrines, according as the same are explained in the Assembly's Catechism." There could scarcely be a stricter trust than that ; but Mr. Belsham became a tutor under that trust. 2421. If it should happen that a tutor, who had been admitted in full belief of his orthodoxy, was afterwards to show signs of having changed his opinions, you would have the means of getting rid of him ? The Education Board or the trustees would have the power at once to dismiss him. 2422. And no one in your body would think there was any hardship in such a proceeding ? It is difficult to answer that, because I think Dr. Davidson was dismissed from the college at Manchester, and many people did think it a hardship; I think, unreasonably. 2423. At all events, the dominant opinion of your body approves of that policy ? I should think so ; there are instinctive sympathies with a man persecuted for his opinions, which make it difficult to say that such is the general opinion. 2424. But the necessity of maintaining a pure standard of belief is recognised as an essential element in religious education by all your body ? Yes, in the education of the ministry. 2425. Do you yourself think that the religious education of laymen could be conducted by'persons widely differing in belief? That would depend on many accidental conditions. 1 do not see why it should not be so in an ordinary college or school. 2426. If they differed, for instance, so widely as & Roman Catholic and a Protestant? , ,.„ It is difficult to suppose such a conjunction of persons, and very difficult to forecast what would be the issue if they were to come together ; the difficulty would be on the part of the Roman Catholic, probably, who would be taking exceptions continually. 2427. And possibly the Protestant would take exceptions to matters which the Roman Catholic would look upon as of the highest importance ? (17.; h h 3 I am 246 MINUTES OF EVIDENCE TAKEN BEFORE THE Kev. H. AUon. I am not sure that the difficulty would be greater, for instance, than in the cap.' of i he conjunction of individuals belonging to the two or three great parties i 4 th March 187 1. ^ ^^ divide the Episcopal Church— say men believing in the doctrine of the Heal Presence in the same college with men who reject it altogether as erroneous. 242S. That, however lamentably wide a difference, would be trifling compared with the difference that would separate, say a disbeliever in the Nicene Creed from a believer in the Creed of Pope Pius? Yes ; the answer to your Lordship's question I think would depend on the purpose for which the institution existed, and the wants it sought to meet ; if the question refers to the national Universities, I can conceive that religious differ- ences would have very little practical effect upon the students. 2429. I was assuming that those colleges are places for religous education ; of course if they are not, there would be no difficulty l That is what I meant when I said it would depend upon the construction you put upon the institution itself. 2430. Do you conceive that two persons of totally different beliefs could conjoin together to teach another person? It would depend upon the individual teachers very largely ; if the men were fanaiics of course it would be impossible. 2431. Your general answer would be, that it would depend to a great extent upon whether the institution in question was designed for secular education or for leligious education r Yes ; if it were designed for religious education primarily, then the incompati- bility of leligious belief on the part of the tutors would be a very serious difficulty; if it were primarily for general education, I should not think so much of it. 2432. Lord Stanley of Alderley.} In the event of such a Bill as the present one passing, would there be, in your opinion, any probability of any one of the ten or twelve Nonconformist colleges transporting itself to either of the Universities, so as to enjoy the advantages of the general education there ? I do not think we could ever dispense with our distinctive theological seminaries. Many persons connected with our Nonconformist colleges would wish very much that the general education of the students was received from such an institution as the Loudon University, or from Oxford or Cambridge. I mean many would like to separate the general curriculum of arts from the theological curriculum ; we could never dispense with the theological curriculum. 2433. Lord Lyveden.] You have said that Cheshunt College is a college en- tirely for religious education r Yes. 2434. No students being admitted who intend to enter the lay professions ? None. 2435. Is subscription to the 15 articles compulsory upon the entrance of the students into the college? It is compulsory. 2436. Those articles may be designated as Calvinistic to some extent ? Very strongly Calvinistic. 2437. I find it stated in a declaration of the trustees and committee in 1822, that " The object of this institution is not to serve the interests of a party ; but to promote the extension of the Kingdom of Immanuel, by the publication of His glorious Gospel and the doctrines of His grace ; and the young men who are educated at, Cheshunt College are left entirely free in their choice of the deno- mination of Christians among whom they may prefer to exercise their ministry ;" is not that rather at variance with the requirement of subscription to the 15 articles r Possibly it is, taking the words simply by themselves, but their reference is solely to denominational distinctions ; while I think the articles are undesirably Calvinistic, I cannot conceive it possible that general excellence of character could be a sufficient qualification for admission to such an institution without some SELECT COMMITTEE ON UNIVERSITY TESTS. 247 some requirement of doctrinal belief; whether that should be a specific form of Rev. M. AIM. doctrinal belief is another question : but in addition to a general declaration of th M "^ lSll . purpose, there must be in a theological institution for the education of minis- ' ters some doctrinal requirements. 2438. The students who are selected by the trustees are generally well aware of the nature of those 15 articles to which they have to subscribe? I believe so. 2439. Therefore, it would be seldom the case that when they presented them- selves they would object to that subscription? We have had instances of hesitancy ; men who have been prepared to accept substantially the 15 articles have hesitated about certain expressions in them, and felt considerable difficulty with respoct to these. 2440. Are the trustees of the college, of whom, I think, you stated you were one, very much in favour uf that subscription ; do they think that tests are bene- ficial I " I think the tutors would be glad if this subscription were abolished, and that would be the case, I think, with some of the trustees. I, for one, personally would be glad to see the subscription abolished, and a general examination sub- stituted. 2441. Have the trustees any power of abolishing it? No, the articles are incorporated in the trust-deed. 2442. Has there never been any attempt to alter those articles ? None whatever. 2443. Upon the whole, your opinion is not favourable, generally speaking, to tests, for the purpose for which those tests are devised ? Not in this particular form. I think, as 1 said before, it is essential that \-oung men destined for the ministry, and who apply to the institutions that exist for the purpose of educating as ministers of a particular church, should give some evidence of doctrinal belief. 2444. Do you apply that solely to those persons who are educated for the ministry, or would you extend it to laymen ? I am not speaking of laymen at all; 1 am speaking exclusively of such institu- tions as this. 2445. Earl Stanhope.} I see by the rules of Cheshunt College this description of eligible candidates for admission, "Unmarried men, and not exceeding 28 years of age." Do you practically receive many pupils at so advanced an age as 28? . , Not many ; perhaps the minimum of age is 17 or 18, and the maximum is as the deed prescribes 28, but the majority of the men who enter would be about 20 or 21. 0446 Earl Beauchamp.] I understood you to say that Cheshunt College was not connected with any religious body; practically it is only connected with those who would accept the 15 articles? Precisely. 2447. Is there any religious body who take those 15 articles as the sole basis of their belief? . . I could not answer that question ; I should think not. 2448. The 15 articles are not necessarily connected with Lady Huntingdon's C ° nfno? know of any other religious body that has articles of faith exactly corre- sponding to these ; these are articles of the Church of England, with additions from the Assembly's catechism. 1AAQ Not merely additions, but alterations ? Posdbly, th^y are not the articles of belief of any religious body except of the Countess's own ministers. 2450. Are those 15 articles imposed on the ministers of Lady Huntingdon's connection ? * ye ( s ; 70 hh 4 2451. win 24 g MINUTES OF EVIDENCE TAKEN BEFORE THE Rev H Allon ^45 i Will you state what is the fundamental doctrine of Congregationalism ; *— is not it that each congregation is independent of another ? 14th March 1871. ,^ { ^^ con „|- e gation is competent to manage its own attairs, and no ' congregation permits the control of any external body. 2452. It is a social alliance for ecclesiastical purposes rather than a legislative alliance? Just so, a simple association of churches. ■245?,. What is the constitution of Cheshunt College ? There is a governing body of seven or eight trustees, who have exclusive power, but the deed directs that they may be assisted by a committee if they wish ir, and practically it has been found that that kind of exclusive government is not beneficial either to the college or to themselves, and for many years all the legislation of the college has been transacted by the trustees, assisted by a committee; there is no distinction between the two bodies in their action, but if any legal document has to be prepared or signed, the trustees must execute it. 2454. The trustees elect their own successors ? The trustees elect their own successors. 2455. In the event of a vacancy occurring, they elect a person to fill the vacancy ? Yes. 2456. And they elect persons of mature years, whose opinions, whether theo- logical or otherwise, already are formed and in conformity with the general tradi- tions of the college ? Necessarily, only such persons could sign the trust deed which the trustees are required to sign. 12457. You cannot conceive a governing body of a place of religion and learn- ing being elected merely on the ground of intellectual eminence? I could conceive of it, but I cannot conceive of it as being practicable in a theological institution. The trustees of our college are not elected on grounds of learning, but on grounds of general position and influence ; no such qualifica- tions as are necessary for tutors are needful in their case. 2458. Is the discipline left entirely in the hands of the principal of the college and. the tutors ? Not entirely ; there are monthly meetings of the college committee, and all serious cases of discipline come before the board of committee and trustees ; but the principal lias general control of the house. 2459. Have the tutors to sign the trust deed ? They have to sign the trust deed. 2460. So that, in fact, all those who administer the institution have to sign the 15 articles which were imposed by the Countess of Huntingdon, and her co-founders? Yes. 246 1 . I believe some time ago it was generally understood that the bene- fits of the college were only open to those who intended to enter the ministry in connection with Lady Huntingdon's connection? That question was mooted for very many years. The opinion of Sir Roundell Palmer upon the matter was obtained within the last 12 months, and he pro- nounced very strongly in favour of the Catholic construction of the deed which for the last 30 years the trustees themselves have always upheld. 2462. You, yourself, would go rather further, and abolish the 15 articles as a teit of admission, substituting a general examination ? Yes. 24C3. Would that general examination have reference merely to intellectual and moral qualifications, or also comprehend doctrinal belief? It would include doctrinal belief. 2464. On the ground that it is desirable that those who are to enter the ministry should have a distinct dogmatic belief? On SELECT COMMITTEE ON UNIVERSITY TESTS. 249 On the ground that the college was founded for a specific theological purpose. Rev. H. Alton. At least one-third of the expenses of the college are met by subscriptions, and the . ^r~ r R subscribers need to be satisfied as to the opinions of those who are to be educated 4 7 there. For example, I cannot conceive that any subscriber to the college at Cheshunt would he willing that a Unitarian should be educated there at hs expense. 2465. Still a portion of the emoluments of the college are derived from endowments ? Yes. 2466. Take the case of Downing, which was founded 50 years after Cheshunt, can you see any reason why Downing should be thrown open to Unitarians, and Cheshunt should not ? Simply because Downing is not an institution. for the education of ministers exclusively. 2467. It was founded as a place of religion and learning in connection with the Church of England r Those terms are much wider than the specific trusts of Cheshunt. 2468. Why should the requirements of a founder dating from the 19th century, in favour of the Church of England, be disregarded, while the wishes of a founder in the year 1768, in respect of Lady Huntingdon's connection are to be observed ? I am not prepared to answer the question. In the event of this Bill passing, it might follow that Downing would be a special case to be considered. 2469. Are you familiar with the Bill? I am only generally acquainted with it. 2470. Are you aware that there is no exception in the case of Downing or any other college ? I understand there is not. 2471. As I understand you, you yourself would not be hostile to some such provisions being inserted in the Bill? I could not answer such a question, because it would need a more minute acquaintance both with the constitution of Downing, and with the provisions of the Bill than 1 possess. 2472. Have you taken an active part in the agitation in favour of this Bill? Not an active part in the agitation in favour of it ; I have taken an interest in the Bill as a Nonconformist. 2473. In the case of Mr. Belsham, he was removed, and his place was filled by a more orthodox tutor ? I believe he resigned because he found it impossible to hold his position as a man who had gone from Arianism to advanced Socinianism. 2474. The fact of a gentleman, of Mr. Belsham's opinions, having obtained the position which he did in an orthodox college, was not held tc be any reason for relaxing the tests in force in the institution ? I believe not ; it was the force of public opinion, I think, that brought about Mr. Belsham's resignation. When he was appointed he was not so pronounced a Unitarian as he afterwards became ; he was at first an Arian, and then his divergence from the doctrines which were held by the founders of the college became greater and greater, 2475. Did I rightly understand you to say that the Congregationalists have inherited the College of Cheshunt ? , Mv meaning is this, that the members of the Countess of Huntingdon s con- nection have diminished rather than increased, and the Congregationalists are the only body who can consistently sustain the college. There is an article on baptism that would exclude Baptists; and the We.leyan Methodists would be excluded by the Calvinistic character of the Fifteen Art.cles ; so that practically the chjef supporters of the college are Congregationalists, simply because they alone are in a position to support it. 2476. And because the Congregationalists have no formula of their own on any of those points ? .. No formula that would hinder their supporting the college m any way. 17 j I I 2477. Have 250 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. II. AUon. 14th March 1871 24 1 1 • to have ine, but Have the Congresrationalists, as such, any distinctive formula whatever ? t is a difficult question to answer, because each Congregationalist Church being independent has its constitution determined by its own trust deed. 24-8 Is there anything but the decision of the authorities of the Wesleyan body that would prevent the Wesleyan community being united with the Con- greeationalist body.'' 1 think there is a foundation deed which determines the doctrines of the Wes- levan Connection, and that is, I think, opposed in doctrinal respects to such Calvinislic views as those declared by the Fifteen Articles at Cheshunt r 2479. The objection would arise from the Wesleyan side, and not from the Congregaiionalist side ? Quite so. 2480 \s far as the Congregationalist body are concerned, there would be no objection to receive a Roman Catholic congregation into union with the Congre- gationalist body ? .... No constitutional objection ; there would be the practical objection that those who differed materially from Roman Catholics would simply cease fellowship with them; the term Congregationalism applies not to doctn solely to ecclesiastical government. 2481. The Congregationalists have obtained the administration of Lady Huntingdon's College, at Cheshunt, in consequence of the absence of any positive opinions on the part of the body as such ? The Congregationalists have not obtained the administration of the college; I spoke of them as the chief supporters ; nearly all the trustees are, I think, members of the Countess of Huntingdon's connection; and it is simply an accident that Cheshunt has come to be supported by Congregationalists to the extent it is. 2482. In the event of any trustees signing the Fifteen Articles, and subse- quently ceasing to believe in them, is there any power of removal r The trust deed, I believe, provides power of removal : "That none of the said trustees to be so elected, nominated, and appointed as aforesaid, be a Pelagian, Arian, Socinian, Antinomian, or Arminian, in his or their judgment"; and then it is provided if any trustee " become insolvent through his own negligence, extravagance, or wilful misconduct, or shall become a Pelagian, Arian, Socinian, Antinomian, or Arminian, that then, and in such case, and from thenceforth, he or they, so becoming insolvent, or a Pelagian, Arian, Socinian, Antinomian, or Arminian as aforesaid, shall cease to be a trustee"; so that there is power for the cessation of trusteeship in the event of heresy. 2483. Lord Colchester.] Has any attempt ever been made to alter this trust deed through Parliamentary or other interference ? No attempt. 2484. Would those with whom you act object to - call in the assistance of the Legislature for the purpose of modifying any of the provisions of the trust deed under which your institution is governed ? Not the slightest, if any adequate end was to be obtained by calling in such ass'stance. 2485. You do not think the objections, which you say are felt in some cases, to subscription to the articles a sufficient reason for taking so strong a step ? No ; I should not see the desirability of taking such a step, unless all parties were agreed that a modification was advisable. 2486. If this Bill passed should you desire that your students should receive a preliminary education at Oxford and Cambridge? I should desire it, if practicable. 2487. Would you still desire it, notwithstanding that the colleges fell into the hands of parties whose religious belief very widely differed from your own ; for instance, into the hands of Roman Catholics, Unitarians, and Positivists ? It would make not the slightest difference, in my judgment, in respect of the curriculum to which 1 now refer. 2488. lou do not think the influences to which the young- men would be exposed SELECT COMMITTEE ON UNIVERSITY TESTS. 251 exposed would make them less .fit to undertake the work of the ministry for Hey. H. Alton. which they were destined ? ■ We think if a man could not withstand such influences he would be ill fitted Ht h March l8 71 ' to become a minister of religion. 2489. What is the average age of your students on entering ? The maximum age is 28 ; the great majority enter at the age of 20 or 21 for a five-years' course ; but if the general education were received elsewhere, and only the theological curriculum were to be received at Cheshunt, it would not be necessary that a man should enter so early. 2490. You would wish them to enter one of the Universities at the age of from 18 to 22, and come to you afterwards ? I tbink it would be the better for our theological colleges if the young men went, through a secular course elsewhere. 2491. You are probably aware that Dr. Arnold expressed the opinion that education, entirely divorced from teaching of a theological or religious character, had a great tendency to assume an anti-religious character ? I should not like to see education divorced from teaching of a religious character, but I think the importance of dogmatic theological teaching is exag- gerated. 249.'. As regards many subjects taught in the University, for instance, philo- sophy and even history, do you think that such subjects can be taught without the introduction of religions ideas, or anti-religious ideas ? I would not send a son for general education to an irreligious man, or a man who was avowedly a rejecter of Christianity, but I would not hesitate to send a son to a man whose Christian theological belief differed from my own. 2493. 1 understood you to say that your college was affiliated to the Univer- sity of London ? Yes. 2494. The lectures given by the professors would be attended by those who were members of University College? Yes, only by them; University College is distinct from the London University. The affiliation to which I refer is simply that the students of our college go to the Board of the London University to be examined for degrees. 2495. Have there not been one or two lecturers in University College, whose opinions came within the category you mention of being hostile to Christianity ? 1 believe so; and yet their teaching never affected, so far as I am aware, the beliefs of the students. 2496. Do you consider every college a national institution, if founded strictly for the purposes of the ministry, though founded by a private individual ? I am not competent to answer that question, so much depends on the consti- tution of the college. 2497. Do you see any objection, on the ground of national rights, to a college founded by a private person having a denominational character, in the midst of Universities open to the whole nation? None whatever, if people so prefer it. It was suggested to us some few years ag0j by persons in authority, whether we should like to have Nonconformist theological institutions in the Universities of Oxford and Cambridge. © 298 As regards the colleges which have been founded since the date of the Reformation as places of religion and learning, do you see any objection to the retention of their denominational character on account of their connexion with .the University ? , . . . t . . e , . None whatever, so long as they did not claim strictly national funds in con- nexion with their proper denominational position. 2499. Should you consider endowments left by a private person since the Reformation strictly national funds ? Not simply as such, any more than I should consider endowments left to Dissenting .Colleges national fund,. ^ ^ ^ ^ ^ (1 ' v oy2 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. H. Alio,,. -.-,00. What do you consider national funds? Pronertv appropriated by the nation for specific purposes and controlled by it. ■ 14O1 March 1871. " - Fr L . 2rol H a ve the colleges of Oxford and Cambridge received anything whatever from the nation in that sense ? It is a matter upon which I am scarcely competent to speak, from imperfect acquaintance with the constitution of the colleges. 2,302. Mould your general principle apply to Church of England colleges founded since the Reformation ? I would say, as in the case of Nonconformist colleges, that in every case where the college was founded distinctly for the Church of England it should be preserved to the Church of England. 2.503. An amendment of this Bill which did not go beyond that point you would not see any great objection to? No. 2504. Duke of Somerset.'] How many students have you in your college r About 30 ; the college is being enlarged, so as to make provision for 40 students. 2505 I understood you to say that one or two of the students had become Church of England clergymen ? Several of the students have become clergymen of the Church of England. 2506. Afterwards? Yes, and some have gone from the college direct. 2507. You do not consider that the college is necessarily separate from the Church of England ? I think it would be perfectly in accordance with the constitution of the college if every student became a minister of the Church of England. 2508. You mentioned the case of Dr. Davidson ; was he a tutor in a college of the same denomination as the college at Cheshunt? No ; Cheshunt College does not belong to any denomination ; but Dr. Davidson was a tutor in an Independent college at Manchester, and he pub- lished a book which was supposed to depart from the general views held by the supporters of the college, and he had to resign in consequence. 2509; Do you take much interest in this Bill ? I have not taken an active interest in it. I have taken a general interest in it, and I regard it with sympathy, for my own family connections have suffered from the existence of the present tests. My brother-in-law was at the head of his tripos in natural science, and was precluded from taking a professorship which he probably would have had. 2510. You are anxious that this Bill should pass? I should like to see it pass. 2,511. Chairman.] With reference to what you have said about national pro- perty, I understand your definition of national property to be that which is given for a particular purpose under particular trusts by the nation ? Yes. Property that Parliament has dealt with I should regard as national property ; that, for instance, which had been dealt with at the time of the Re- formation. 25 1 2. You regard the violent transfer which took place at that time from one set uf opinions to another as constituting for future time a title to Parliament to interfere again ? I should so regard it. 2,513. You do not hold the doctrine that property by reason of the length of time that has elapsed, has ceased to belong to those for whose benefit it was be- queathed, and belongs to the nation? Not simply for that reason, but in combination with other circumstances it might. Pariiament must have power to deal with all trust property for the commonweal. The Dissenters Chapel Act a few years ago secured to the Unitarians all chapels of which they had been in practical possession for 20 years. 2514. That SELECT COMMITTEE ON UNIVERSITY TESTS. 253 2514. That was in the nature of a Prescription A.ct? Rev - H - Alton. It was in the nature of a Prescription A.ct. The Charity Commissioners act ^ ^^ l87 , t on the assumption that the nation has the power to deal with trust property within certain limits. 2515. The Charity Commissioners act on the doctrine of ci-pres; you do not hold that the nation has an unlimited right to interfere with property left some time ago for the purposes of the Church of England? Certainly not. 2516. You would regard the Church of England and Dissenting bodies as standing precisely on the same footing in that respect ? Precisely on the same footing. The Witness is directed to withdraw. Ordered, That this Committee be adjourned to Friday next, at Twelve o'clock. (170 II 3 ( 255 ) Die Veneris, IT Martii, 1871. LORDS PRESENT Duke of Somerset. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Harrowby. Earl of Morley. Earl Beauchamp. Lord Colchester. Lord Rosebery. Lord Stanley op Alderley. Lord Lyveden. Lord Hoxtghtoni Lord Hartismere. The MARQUESS OF SALISBURY in the Chair. CHARLES REED, Esq., a Member of the House of Commons, attending by Permission of that House, is called in; and Examined, as follows: 251 7. Earl Beauchamp.'] YOU are Member for Finsbury, I think ? C. Reed,Esq., m.p. For Hackney. , J 17th March 1871. 2518. And you have taken considerable interest in the agitation in favour of . this Bill? I have taken considerable interest in this question. 251 9. In the year 1864, you were Deputy Chairman of a Committee of Depu- ties of the three denominations of Protestant Dissenters, from which a petition was presented to Parliament, were you not ? Yes. 2520. That petition, as you are aware, dealt with the question of the University of Oxford, and not with the University of Cambridge, nor with any of the colleges ? I am aware of that. 2521. What I want to ascertain from you is, what is the main objectwhich the various Nonconformist bodies have in pressing forward this Bill ; is it with reference to the Universities or to the colleges? It has reference to both. 2522. Will you state upon what grounds they press it forward? The-object is the removal of all religious tests, 2523. On the ground that all religious tests are in themselves an evil, or that they are unnecessary, looking to the position of the Universities and the colleges ? On the ground that they are unfair to the nation, considering the Universities to be national institutions. 2524. On what grounds do you consider the Universities to be national insti- tutions? The Universities themselves claim the position of being national Universities, and the public accord that position to them. 2525. In what sense do you use the word "national;" do you mean that they were endowed by the nation ? That they should be freely open to all classes of the community. 2526. Are you aware that the free opening of the University of Oxford dates only from the year 1854? Yes, I am aware of that. (17.) 1 1 4 2 5 2 7- And 256 MINUTES OF EVIDENCE TAKEN BEFORE THE „ ^ ncl t h a t prior to the year 1854, no person was admitted to matriculate C. Ree^Esq, m.p. ^ -^ -.^^ ^j^ he gigned the Thirty-nine Articles ? )7th March 1871. j am awa re of that. 2528. That system uas done away within that year? Yes. •^529. In the case of the University of Cambridge, no such subscription was required until the student had attained a Bachelor's or Master's degree? Not until he had attained a Bachelor's degree. •2530. Then you would say that, before the year 1854, the University of Oxford was not a national institution ? It was not in that sense. 2531. Then will you explain to us in what sense you consider the colleges, as distinct from the Universities, to be national institutions? Parliament has dealt with the colleges, with their regulations, and statutes, and endowments, and has made great alterations in them, and our desire is that Parliament should still deal with them in the interest of the nation. 2532. Your contention is, that when Parliament has once dealt with in- stitutions they have become national institutions ? I regard them as the avenues to a great national University or Universities. 2533. You are aware that that is not the case now. Formerly a person could not become a member of the University unless he was a member of a college or hall within that University. That state of things exists no longer ; a person may become a member of the University and obtain his degree without being a member of a college or hall ? I know that it is a great disadvantage to a certain class of the community not to have the opportunity of going to a college, and so gaining their rank in the University. 2534. But I wish to ascertain how it is, for instance, that a college which is of private foundation, though recognised by the law, is to be considered a national institution ? The history of the foundation of these colleges leads me to the conclusion that Parliament, having dealt with their regulations and funds, is entitled to deal with them ttill for the advantage of the nation. o -535- You are aware that Parliament in the year 1844 dolt with the Dis- senters' chapels, and passed an Act which materially affected the position of the trustees; in fact, the m hole position of those chapels and the endowments con- nected with them ? Yes ; it gave to Unitarians chapels which they had enjoyed for 25 years. 2536. Would that render the Dissenters' chapels which were affected by that measure national institutions ? I do not see the analogy of the two cases. 2537. Will you point out the distinction between them ? The question as to the Dissenters' chapels was a question affecting the articles of faith to be held by the ministers appointed to those pulpits. It was strictly a doctrinal question. It had nothing to do with an educational question. 253§- But I apprehend that these educational questions are strictly religious questions, are they not ? The test is put as a religious test. ~539\ You are aware that every college in the University of Oxford, and the Universities themselves, when Parliament has dealt with them, are defined to be places of religion and learning ? They are defined as being places of religion, morality, and learning, I think, at Cambridge. I am less familiar with Oxford than with Cambridge. 2540. Religion, at all events, stands first, as the primary object for which the Universities and the colleges exist ? Yes. 2541. Then the distinction which you point out between the case of the Dis- senters' SELECT COMMITTEE ON UNIVERSITY TESTS. 257 senters' chapels and the Universities and the colleges, will hardly hold good with C. Seed, Esq.,«.r. regard to the question ot religion ; if religion is the primary object for which the — Universities exist, and to promote which Parliament has interfered with the I7th Marcb l87 '" Universities, that would place them upon the same footing as Dissenters' chapels in r.he sense in which you have referred to them ? I think not. 2542. Can you explain why not ? The colleges were founded, as you are aware, in Roman Catholic times ? 2543. Do you mean to state that all the colleges in both Universities have been founded in Roman Catholic times ? No. I think at Cambridge, with the exception of three or four, they were founded in Roman Catholic times. 2544. Then you would not propose to interfere with the constitution of the colleges founded subsequently to Roman Catholic times? There is no proposal to interfere with specfic endowments for the strict purpose of the education of the clergy. ^545- But i° the case of a place of education founded since the Reformation as a place of religion, and learning, and of education, according to the principles of the Church of England, do you think it would be just to disturb that arrange- ment, and to throw the administration of that institution open to persons of any belief or of no belief? Our claim is, that all fellowships and tutorships open to laymen at the present time should be opened to Nonconformists? 2546. Quite irrespective of the intention of their founders that those insti- tutions should be in strict conformity with the Church of England? Yes ; I speak of all those which are open to laymen. 2547. Can you tell us why you would draw that distinction in the case, for instance, of Downing College, which was founded in the present century, and yet maintain the religious test?, as I assume you would maintain them, in strictly theological colleges for the education of the Nonconformist ministry ? The endowments of Nonconformist colleges are strictly for the purpose of training men for the Christian ministry, for ministerial work, and they are pre- cisely similar to those at Downing College for the training of clergymen for work in connection with the Church of England. 2548. Then why are provisions for maintaining a definite theological teaching in the Nonconformist colleges to be maintained when similar provisions would be set aside in the case of Church of England colleges founded since the Reforma- tion ? 'J 'here is no provision for maintaining that definite teaching in Nonconformist colleges, so far as laymen are concerned ; it is simply so far as students for the ministry are concerned. 2549. But the endowments of these Nonconformist colleges are strictly con- fined to Nonconformist objects? They are granted for and used by those who are desirous of being trained in theological studies for ministerial work. 2550. You are aware that the greater part of the clergy of the Church of England are educated at the Universities of Oxford and Cambridge ? I believe they are. 2551. And that, until recent times, many, if not most of the bishops, refused to ordain a person who had not obtained a degree at one of the Universities, unless under exceptional circumstances ? I have heard so. 2552 Has it occurred to you that the principal provision for the training of the clergy of the Church of England being found at the Universities and in their colleges, it is but fair and just that there should be some provision for the main- tenance' of the Church of England teaching there ? I am not aware of any necessity for it ; and looking at the institutions as national, J fail to see the justice of if. n^ K k 2.553. Returning 258 MINUTES OF EVIDENCE TAKEN BEFORE THE C. Rtcd, E^., m.p. --,",3- Returning for a moment to the question of endowments ; can you tel vT" " « ns an\" tiling about'the constitution of any Nonconformist college. 17th March 187 1. ^ -^ ^ xra ^ ar w j t ]j ,| ie namt . s f them. I am not quite sure that I am familiar with their precise constitution. 2554. You are not a trustee for any of them, are yon ? No ; I have a son at one of them, at iNew College. 2,555. Have you any acquaintance with the constitution of New College? I cannot say that I am very familiar with it. 255(1. Are ) 7 ° u a "'are that New College possesses endowments to the extent of 2,630 1. a year. Yes, I suppose so. 25 >7. What securities exist that these endowments should be administered in accordance with the desires of the donors ? They are given in the shape of scholarships to scholars as the result of merit in competitive examinations, such men having come to the college with the express design of preparing for the ministerial work ? '2558. Are they subjected to any test on entering ! None, that I am aware of. 255,). They are not subjected to any examination beyond a purely intellectual one ? They are subjected to a religious examination, no doubt, because the college of which I speak is connected with the Nonconformist body, called the Con- gregationalisfs. 2560. Who administer these funds ? A board of trustees, through a council. 2561. How are those trustees appointed? By subscribers, who have the charge of all the public property. 2562. But in the event of a vacancy occurring in the number of trustees of New College, how would it be filled up? I am not quite aware, but 1 should think by the subscribing body — by those who govern the institution. There may be differences in the trusts of the several colleges. In the case of the scholarships founded by Dr. Pye Smith, I believe a vacancy is filled by a vote of the subscribing body. 256,). That would be in reference to one particular scholarship. I was rather directing your attention to the general fund, which amounts to 2,600 I. odd? The fund came chiefly from endowments connected with Dr. Doddridge's College; a college which was formerly at Wymondley. 2 r ; 64. New College is a combination of three foundations, is it not? Yes. 2565. Highbury and Homerton were two of them, and what was the third ? Coward College, which was formerly at Wymondley. 2566. I apprehend that nobody would be appointed either a trustee or a member of the governing body of that college whose views and opinions were not in conformity with the tenor of the trust? I should think not ; but there is no test that I am aware of. 2567. And the trustees are generally appointed at an advanced period in life; they are men with their opinions formed, and of stable mind? No ; I think, usually, younger men are appointed trustees. 2568. But they are young men whose opinions are formed, and not in the condition which has been described to us by the expression " in a fluid state" ? Just so ; they are men who are known as having formed opinions of their own. 2569. You would not consider it a desirable arrangement, would you, that the governing body should be elected in consequence of intellectual distinction, or as the result of one examination ? Certainly not the governing body. 2570. You SELECT COMMITTEE ON UNIVERSITY TESTS. 259 2570. You think it would produce mischief? C. Reed, Esq., m,p. The governing body is elected by the body subscribing and maintaining the 17th ^r~. to institution. ' 7 2571. I meant the trustees? I should think not. ; I do not think they are ever chosen in that way. 2572. You are aware that the heads and fellows of the college at Oxford and Cambridge compose the governing body of those colleges r Yes. 2573- Does it appear to you to be reasonable that the government of institu- tions of such importance should be entrusted to gentlemen who are chosen purely by the result of an intellectual examination ? It does in such cases. 2574. Even although they would have to administer an institution which is founded for the education of persons in the principles of the Church of England, and mainly for the ministry thereof? Taking the definition of the Universities as being " places of religion, morality, and learning," I consider that the government should be open to all who, as the result of their own merit, have acquired a position in the University entitling them to such distinction. 2575. You will understand the position of parents who would object to send- ing their sons to a place of education which was in the hands of Unitarians r I should ; I should deplore it myself as a father. 257b. Do you think it reasonable that there should be some guarantee for the religious teaching to be given in the colleges ? That could only be done by a test, and I do not think any test would be of avail. 2577. Have you ever considered whether it would be possible to have such a declaration as is contained in the 1st of William and Mary, chapter 18, section 13? This is the declaration. The person taking it has to subscribe a profession of his Christian belief in these words : — " I, A. B., profess faith in God the Father, and in Jesus Christ His eternal Son the true God, and in the Holy Spirit, one God, blessed for evermore ; and do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine inspiration."' 2578. Such a declaration in that would afford no restriction whatever in the case of what are called the orthodox Dissenters, would it? That would satisfy me personally if any declaration were required, but it would be an injustice to others of the community who are equally entitled to share the advantages of the national Universities. 2579. I do not quite understand the point of view from which you start ; you sav " All persons are equally entitled to share the advantages of the national Universities :" all persons who are qualified are, no doubt, but there is no abstract right entitling a person to a fellowship merely as the result of intellectual distinction at the present timer The plea is now that Parliament should interfere and decide that question which has agitated the public mind, and remove a grievous injustice from a large portion of the community. 2580. Do you think that there is a greater injustice in excluding a person from a foundation who does not comply with the will of the founder, than there is in excluding a person from the advantages of purchasing an article in a jeweller's shop when he cannot provide the sum demanded from him by the tradesman? . . „ , TT . . . , i( ,. I think the question of the position of the Universities and the colleges is a question of larger considerations altogether as regards the nation, and demands 1o be dealt with upon a broader principle. 2*581 But 1 want to know what abstract right there is which entitles a person, as the result of examination, to become a member of the governing body of a place of religion and learning ? I am not aware of any abstract right. /j jo k. k 2 2582. I ask 260 MINUTES OF EVIDENCE TAKEN BEFORE THE C.Reeti,E*q. m.p. 25^2- I ask the question because you have used the expression that it would be an injustice to deny to persons such opportunites? 17th March 1871. j am acce pting the claim of the nationality of the institutions. 2583. Has that claim to the nationality of the institutions been urged by the representatives of the Universities, or by persons who are anxious for some such Bill as the present ? I have seen petitions from the Universities acknowledging that, and desiring that it should be admitted, and I know that that is the feeling at Cambridge of large body of men. 2584. You are aware that both at Oxford and Cambridge, opinions are very much divided upon the subject r Yes. 2.585. Then I understand yoii to say that you would object to any security for the religious character of the foundations ? I should, in the shape of a test. 2586. Will you indicate any other security which you think might be provided ? I should think every parent would choose a position for his son, having regard to the high probability of Christian influence and Christian companionship in his college. I did that in sending my son to Trinity College. I did not consider that in the college itself there would be any religious teaching of any value, but there were influences in connection with that college which seemed to me to make it very desirable that, as a Nonconformist, he should go there. 2587. Earl Stanhojie.] You are speaking of Trinity College, Cambridge? Yes. 2588. Earl Beauchamp^] But that state of feeling and of influence to which you refer has grown up under a system in which tests exist. If tests are swept away, can you indicate any other securities which would take their place : I understood you to say that you did not object to a security generally, but only to tests? I object to the tests; I very much desire to see Christian or religious influence maintained as much as possible. 2589. Would you object to the maintenance of the chapel service in the colleges ? I regret that it is compulsory ; but my son, though a Nonconformist, always valued the daily prayers. 2.590. My question was, would you object to the maintenance of the chapel service in the colleges? As a parent, I should desire that there should be the maintenance of prayers similar to those which a young man would have in his own fpmily. I object to the attendance being compulsory, though the Nonconformists almost all accept it. 2.59 1 • You are aware that at the present moment there is no obligation beyond the college statutes and ordinances to perform Divir.e service according to the Liturgy of the Church of England ? Yes; in Trinity College there is a great degree of liberality shown. 2592. And you are aware that the Bill now before the House of Lords destroys the prohibition of other services ? Yes. 2 593- Therefore you would have no guarantee whatever for the maintenance of the service of the Church of England, or of any other service in a college chapel ? No. 2 594- Do you consider that a satisfactory state of things ? I do, because the alternative is a compulsory regulation. 2 59.5- It is not compulsory for attendance, but for the performance of Divine service. I wish to bring before your mind the consideration that the question of compulsory M.P. SELECT COMMITTEE ON UNIVERSITY TESTS. 261 compulsoiy attendance at. Divine service is one thing, and the compulsory per- Gflw^Esq tormance of Divine service is another ? - — - Do you allude to attendance on Sunday ? 17t h March i8 7 , 2596. The question of Sunday or week-day does not affect my question ? If the attendance were voluntary, I should consider it an advantage that a service should be maintained. ° 2597* And you would consider it the reverse of an advantage if the chapel services were to cease ? I should very much regret that there should be no opportunity for young men to attend a service, but I object to its compulsory character ? 2598. Then if that state of things, that there should be no opportunity for young men to attend Divine service, grew up under this Bill, supposing it were to pass into law, you would regret it? 1 should regret it, but I see no help for it. 2.599- Would it be possible to provide that the service should be maintained? No compulsory enactment makes it a religious exercise on the part of the undergraduates ; I should think it would be quite possible, and most desirable, that the service should continue to be performed. I refer to the daily prayers. 2600. Does it appear to you to be an inconvenience that a large portion of the governing body should not be resident upon the spot ? I am not aware of any inconvenience. 2601. You think that it is not an inconvenience that non-residents should over-ride the opinion of the residents upon a question, with respect to the dis cipline cf the college ? I am not so well acquainted with the arrangements as to be able to answer that question. 2fi02. You are aware that this Bill is a combination of two measures which were presented to Parliament at different times? Yes. 2603. The one dealing with the Universities, and the other with the colleges? Yes. 2604. To which of these two Biils do you apprehend that the Nonconformist bodies would attach the greatest importance, that which touches (he Univer- sities and removes the tests from the University degrees, or that which deals with the colleges ? I think they regard them both as of equal importance ; they look at them as one measure ? 2605. Duke of Somerset-^ You wish, as I understand, that all tests should be done away with ? Yes. 2606. Then, am I to understand by that, that you would object to the professors of Divinity being maintained in the Universities for the purpose of teaching the Church of England doctrines ? No, 1 do not know that I should object to that for Divinity students. 2607. You would not object to that ? I see no objection to that. 2608. You would not object to these professors of Divinity being obtained if there is no other security by means of a test ? I do not wish to see any test applied to a candidate for any position of honour, emolument, or trust, in the Universities. 2609. So far as the Nonconformists are concerned, as they would not teach Divinity according to the doctrines of the Church of England, it would signify to them very little whether the professors of Divinity took a test or did not, would it? They only express an opinion as to the fellowships and tutorships in the colleges. (17.) k k 3 2610. That 262 MINUTES OF EVIDENCE TAKEN BEFORE THE C Reed Est m p 26 10. That would be all that the Nonconformists would care for ? '_L2 q '' ' ' ' That is all that they have ever asked. 17th March 1871. ,. , ,. c ,^. . ., 201 1. They would not ask anything respecting' the professors ot Divinity, as I understand ? They have not done so. 2612. Do you suppose that they would say that it was an injustice to them that any professor of Divinity should exist in the Universities, teaching the doctrines exclusively of the Church of England ? The doctrines of the Church of England are, in the main, identical with those of the Nonconformist bodies. 2613. I wanted to know whether you would object to the professors of Divi- nity being secured in some way or other to teach exclusively the doctrines of the Church of England ? I do not see what security can be taken. 2614. You do not think a test is any security ? None at all ; because bad men will drive through your test, while conscientious men will be driven away from the Universities. 201.5. But the Nonconformists take some security with regard to the persons who teach in their colleges, do they not ? No test is applied. They form an opinion as to the principles and views of the men they put over their colleges ; but there is no obligation in the shape of tests. 2616. And you think that that would be the best security even for professsors of Divinity ? I do indeed. 2617. Lord Lyveden.~\ I suppose you know, or have heard of, Cheshunt College ? Yes. 2618. Upon students entering there, they subscribe to 15 pretty severe articles of faith, do they not ? Yes ; that is a college connected with the Countess of Huntingdon's denomi- nation, and partakes very much of the Church of England character. 2659. Still they would come under the general denomination of Dissenters, would they not ? Some of the students are Nonconformists, and some are not ; the prayers of the Church of England are used daity, and many members of the Church of England either are, or have been, students in that college. 2620. But the college was originally founded as a separation from the Church of England. It was founded, 1 believe, by the Countess of Huntingdon. 2621. Then you would think, judging by the evidence you have given, that such a test as that was objectionable? Yes, it was an objection to me ; in placing my son in a college I considered that that was an objection, and therefore I sent him to New College, London. 2622. Your only objection to the test for professors of Divinity is that you do not think it at all binding; that it has never succeeded in excluding persons of little belief, and that it never will. It never will act as a test to keep out a man of no belief. 2623. But it would be a test to keep out men of different belief from the Church of England, you think ? Yes. 2624. For instance, I suppose you would not subscribe to the Thirty-nine Articles ? No. 2625. Lord Houghton.'] Do you think that the Dissenters generally would be content with this measure, supposing the portion of it which refers to that clause may it not r indeed, I think it is SELECT COMMITTEE ON UNIVERSITY TESTS. 263 Certainly not. . ultJtZ thi -ii k ^l-TI 1 !? r T i . re ,he abolitio » of that clause ? I think they will ; I think they desire very much to see a service maintained but they do not desire that it should be compulsory. maintained, 2927. Do you know Cheshunt College: Not so well as others, but 1 do know it ; I know the tutor. students?^ y ° U ^^ thG GffeCtS ° f SUCh teStS aS a ' e re( l uired there "P°» the Certainly not. 26-29. ^ ma .Y De considered almost as a Divinity eolleoe, I think so. I think there are very few lay students there' entirely a Divinity college. 2630. And, therefore, of a purely professional character? Quite professional. 2631. And totally different in its objects and bearings from the colleges in the Universities r ° Quite distinct. 2632. Earl of HarrowbyJ] I think you say that the Nonconformists would object to the reservation of the college chapel still for the use of the service of the Church of England ? I think the Nonconfoi mists sending sons to Cambridge would desire that there should be a voluntary service ; that is, " daily prayers." 2633. But I thought you said that they would wish for the abolition of the provision in the Act of Uniformity which secures that object? I would object to nothing but the compulsory nature of the attendance. 2634. Then they would not object to any provision that that service should continue in the chapels ? If it was a voluntary attendance on the part of the undergraduates, I think think they would desire that the service should be maintained. 2635. You would have no objection to a provision being taken that the service of the Church of England should go on and no other? I should desire very much, as a father, to have that service maintained, or to have a service maintained ; I think, considering the number of Nonconformists now in the colleges at Cambridge (1 do not know so much about Oxford), that the service might be altered with great advantage. There are many parts of it to which the Nonconformists object, though they accept it and constantly go to the chapel ; I believe they are most regular in their attendance. 2636. It has been stated to us that there is great security for the religious character of the management of Nonconformist colleges, in the choice exercised by the voluntary subscribers, who, having a definite religious purpose in view, have an interest in making a proper choice for the heads and tutors ? The Nonconformist colleges are strictly theological institutions, and therefore it is very important that they should exercise that conirol. 2637. Has it, not always been rather a boast of reformed Englishmen, that the distinction between the layman and the minister has not been kept up so strictly as in other churches, but that a layman is expected to understand his own religion, and to be able to give a reason for it ? But the lay student does not go through a theological training. 2638 Would you have him receive no theological instruction while at the Universities ? Not there ; lie is supposed to receive that before he goes to college. 2639. During the three years he is at college you would have him entirely devoid of any religious training? - (17.) k k 4 The 264 MINUTES OF EVIDENCE TAKEN BEFORE THE C. KtW, Esq., m.p. The lay students seldom live in the college ; they simply come to the lectures. The theological students reside in the house and have theological training. 171(1 March 1871. 204(1. The college is that '•' house" in which the student resides, and where you would expect that he should receive some religious training ? Yes, if the man is under training for the ministry. 2641. You would only apply theological training to those who are studying for Orders ? Yes. •2642. And you would leave all voung laymen without training in religion at all? That their parents must provide; they do not live in the house. 264,]. But they are living in the college ? They do not live at the college ; they live in the neighbourhood, and they take advantage of the college to attend the lectures there. 2644- I speak of the Universities of Cambridge or Oxford ? I beg your Lordship's pardon ; I was thinking of New College, London, and other similar institutions. 2645. I was saying that at Oxford and Cambridge the college represents the house you spoke of; you say, "in the house" they receive that religious train- ing; I say then you would not object to the college affording a religious training to young laymen ? I do not see how young laymen at Cambridge can have a religious training; I never heard of such religious training or teaching being given. 264!). Do they not attend lectures in Divinity ? They attend lectures on Paley's " Evidences of Christianity," I think, and on the Gospels; I do not call that a religious teaching or training, it is merely preparatory to examinations. 2647. But whether that is actually practised in particular colleges or not, vou would see no disadvantage, but the reverse, in a young man receiving some guidance in the way of religious training, should you ? I do not call that religious training; I should see no disadvantage in his attending such lectures. 2(348. Then anything that would keep up the character of a religious institu- tion to our Universities, without interfering «ith the individual conscience, you would consider to be rather an advantage than otherwise, would you not? I should consider a religious training an advantage; but I believe it is found more outside than inside the colleges. 2649. You believe that a total absence of any profession of belief in any religion would be an advantage to our Universities ? I do. 2650. Do you think it is an advantage in the foreign Universities, for instance, the German Universities, where it exists? I think it is a great advantage that there are no tests there. 26,51. You believe that it breeds a more religious body of men? 1 cannot answer that question ; I think that is just and fair that there should be an absence of tests as to religious belief. 2b"j2. Should you feel the same security if you were sending your son to a University where there was no profession of religious faith at all, and no security that in any house he occupied there would be any definite profession of religion as in one where that did exist ? My best answer is that I was educated in the London University, and I preferred that my son should go to Cambridge, because of the social position and the literary advantages and the religious influence which I hoped he might obtain there. 2653. Earl Beauchamp.} When you said you were at the London University, did you mean University College ? " It now SELECT COMMITTEE ON UNIVERSITY TESTS. 2 65 It was the London University when I was there; it is University College a W) E s ,,, 2654. Earl of Harrowby.) Considering that a great number and nerh a ™ the larger proportion of those who frequent the Urdve^itL^haTe hitherto S the advantage thereof, having a definite character to a certain degree mS upon their younger people ; do you consider it quite fair to destroy afi those advantages for the sake of the admission of a few ? I am not aware of the definite character of the religious teaching or training at the Universities, and I do not think anything ought to be required for the advantage of some which makes it impossible for others to enioy the same advantage. J J 2655. I quite agree as to the restrictions upon conscience, but the question is as to the teaching and governing body ; whether you are to have a teaching and governing body totally devoid of any profession of religious character ? I do not think you can have any evidence of religious character through the agency of any test. 2656 You think that it makes no difference to a man in teaching whether he has publicly professed a belief, or whether he has professed none ? I think you are in greater danger of having men who have no religion accepting your test ; and you are in the greatest danger of excluding men who wdl not take your test, and who would be most valuable to your institution. 2657. Supposing there were, for instance, a very excellent tutor, who was a Roman Catholic, should you wish to have him, whatever his personal excellence might be, as a teacher of your son in religion? I should not place my son in a college over which a Roman Catholic presided ; I should make that an element in my consideration in placing my son at a college. 2658. Supposing yon had sent your son to a college, and a Roman Catholic tutor were appointed there, your only remedy w ould be to take him away from the college, would it not ? It would depend upon what amount of influence and power the tutor had. I certainly should not choose it ; but men who have taken tests have become Roman Catholics, and still remained in the governing body. I think I am right in saying that men who have become Roman Catholics since They took the tests are still in the governing body at Cambridge. 2659. They are now excluded from a share in the teaching and governing of the University ; but if this Bill passed, they would be admitted, would they not, in no small numbers ? Yes ; no man would be excluded then by any tests, of course. 2660. Do you think that would be an advantage to the religious character of the University ? I am opposed to all religious tests. 2661. I know that ; but I am asking with regard to the general principle; 1 was rather trying to test the value of the tests by a practical result ; should you think it an advantage or otherwise, that men who have become Roman Catholics should at once be introduced into the governing body of the University ? I think it is necessary to abolish all tests. 2662. And you do not mind the consequences? No ; I must accept the consequences ; I do not fear them. 2663. But you would have no objection, as I undertand, to securing the character of the Church of England being still impressed upon the college chapels ? I did not mean to say that the teaching of the Church of England should be impressed upon the undergraduates through the teaching in the college chapels. I said that, as a father, I should desire to see a religious service to which the young men might go daily ; and I believe they would avail themselves of it, if the attendance was not compulsory. (17.) L l 2664. Would 17th March 1871. 266 MINUTES OF EVIDENCE TAKEN BEFORE THE 266j Would you have that service varying from time to time, according to the 17th March 1871. It woul(i be un der the direction of the governing body, ot course. 2665. The governing body might be largely Roman Catholics ? 1 do not anticipate any such result occurring. 2666 But it mio-ht occur; there are a considerable number of Roman Catholics already, and might they not get into possession of a particular college ? They might, certainly. 2667. Then you would have no objection to a Roman Catholic service being introduced into a college chapel ? 1 should, as a father, exercise my own judgment, and 1 should not send a son there ; but I cannot see how that can be avoided. 2668. It can be avoided by the present system, by which only one service is permitted in the college ch.ipels ?_ Yes ; but I mean alter the abolition of tests. 2660. Then you think that the principle of the abolition of tests is one so valuable in itself, that to it you would make any practical sacrifice ? I consider that it is a necessity. 2(170. Would you carry out that principle as applied to every career in life ? I am not aware of any tests elsewhere. 2671. Tests may be other than religious ; they may be intellectual ? I am speaking now of religious tests. 2672. Then you confine yourself to religious tests ? Yes. 2673. Would you relieve the Sovereign on the throne from the test of her being a Protestant ? I would rather not answer the question. 2674. Would you prevent hereafter the founding of colleges in the University having a more strictly denominational character ? No, I should take no means to prevent it. The Nonconformists do not desire to found colleges, but to avail themselves of the present ones, if possible, 2675. Supposing colleges have been already founded with a strictly denomina- tional character, you would prevent them from continuing in that character, but you would not prevent similar colleges from being founded in future ? No ; for myself, I do not desire to see denominational colleges, but I do not think there could be any interference with them, if such colleges were esta- blished. 2676. You would abolish the denominational character of those which have been founded with that purpose, but you would not prevent the founding of new ones with the same purpose ? No, I would not. 2677. Upon what ground do you draw that distinction between the past and the future ? May I ask what you mean by denominational colleges ? 2678. I mean those colleges or those foundations which have been given dis- tinctly for the maintenance of a Church of England training. I understand that you would neutralise them, if I may so call it ; but you would not prevent other members of the Church of England in the future from founding denominational colleges similar to those which are now proposed to be neutralised ? I was speaking of the Nonconformists. The proposal has been made that they should found colleges of their own ; I should not personally desire to see it, but 1 could see no objection to it if it was wished. 2679. You could see no objection to members of the Church of England founding denominational colleges, if they pleased? 1 can SELECT COMMITTEE ON UNIVERSITY TESTS. 267 I can see no objection, supposing it does not interfere with the general C. Reed, Esq., m.p. arangement of fairness which I desire to see in connection with the national , ,7— r „ Universities. J 7 th March 1871. 2680. But if there have been distinct foundations in the past for the purpose of promoting the interests of the Church of England as such, denominationally, you would have no scruple in depriving them of their distinctive character ? Do you refer to fhe endowments of Downing College? 2681. Yes, and of various other colleges ; there are several of them. There are a quantity of fellowships, a quantity of studentships, and a quantity of scholarships which have been founded with that view ? I have ?aid before that 1 desire to see all fellowships, scholarships, and tutor- ships which are open now to laymen, opened to Nonconformists. 2682. But would you hereafter forbid any college being founded which should provide endowments distinctly for members of the Church of England, or for clergymen ? No ; I do not know that there would be anything objectionable in that. 2683. If you give that liberty for the future, why do you think it necessary to act retrospectively with regard to the past, and destroy all such endowments as already existed of the same character ? 1 should still object to the religious tests. 2684. Whatever the name may be called, if you intend to provide for a particular denomination, you must make some security for effecting that object. Are there no subscriptions amongst the Nonconformists ? None that I am aware of. 268,5. Are there not endowments amongst ' the Independents, which require subscription to 34 out of the Thirty-nine Articles ? Not that I am aware of. 2686. Then they have been abolished recently ? In some trust deeds of chapels there may be something of that kind, but I am not aware of it in any colleges. 2687. Did not the whole question of Lady Hewley's endowment rest upon that principle ; was not it held that she intended to provide for a certain profession of faith, and that that ought to be maintained ? I am not fully acquainted with that controversy ; I remember that there were legal decisions with reference to Lady Hewley's charities, but it is many years ago, and I do not call them to mind exactly. 2688. Have you not in voluntary contributions a better security in one respect, than you have in endowments for the religious character of those who have the management of the institutions ? Voluntary contributions come from persons who are living, and have the direct oversight of the institution. 2689. You require more security where there are endowments than where there are not endowments, in that respect, do you not ? The voluntary subscribers being managers, are a sufficient guarantee for the objects of the institution being carried out. 2690. Has not the very strong feeling which has arisen amongst the Noncon- formist bodies against the endowments, very much arisen from what took place in that case with regard to Lady Hewley's endowments, in which they came rather to the conviction that endowments gave very little security for the quality of religious teaching ? T am not aware that that is the approximate cause of any action of theirs. 2691. I think it turned out, then, that the great majority of the Presby- terian endowments founded by Lady Hewley, had fallen into the hands of Unitarians ? I believe so. 2692. And upon that, I think, the argument was very much rested, that endow- ment led to indifference ? I am not aware of that. I am not in favour of endowments. (17.) L L 2 2693. Chairman.] 268 MINUTES OF EVIDENCE TAKEN BEFORE THE C. Reed, Esq., m.p. 2693. Chairman.] You are acquainted with Keble College, are you not i . ,7 T ,0-, No, I am not. 17th Murch 1871. 2694. You have heard of it ? I have. 2695. Would you propose to prohibit any preference for members of the Church of England in Keble College in the appointments to the tutorships there? I am not sufficiently aware of the constitution of Keble College to speak on that point. 2696. You are aware that it was founded entirely and very recently by the money of members of the Church of England ? I am. 2697. And for the purpose of giving a Church of England education ? Yes. 2698. Should you think it just to alienate it from those objects ? I think it is confined to men who are entering for theological training. 2699. No, it is generally for both clergy and laity, but it is to give a Church of England training; would you think it jnst to forbid that training, and to alienate the college from the purpose for which its donors subscribed their money ? 1 should think that a specific gift for a definite purpose should be retained. 2700. And if you would retain it in respect of an endowment last year, I suppose you would retain it in respect of an endowment given 10, 20, or 30 years ago ? I think the same principle would apply. 2701. The point, then, upon which you would insist in deciding as to the appli- cation of any endowment would be, that it should have been specifically assigned to the education of persons in the tenets either of the Church of England or of any other denomination; it is the specific assignment of the bequest to which you would look ? Yes, in modern times. 2702. How would you define "modern times" ? I can hardly draw a line; but I am looking now to the ancient foundations of the colleges of the Universities of Oxford and Cambridge with which Parlia- ment is proposing to deal. 2703. But they differ in antiquity to a very great degree; there are some which were founded before the Reformation •? Yes. 2704. With respect to those, you would have no doubt ? Just so. 270.5. But. there are several which have been founded at various periods since the Reformation ? Yes. 2706. Do you propose to appropriate all those to the purpose of an indis- criminate education ? I should limit it to those of recent date. 2707. What kind of definition would you give of "recent date," because that is an important matter for legislation ? Such as the one your Lordship has instanced, Keble College, if the constitu- tion of it is what I suppose. I am not familiar with its constitution. 2708. Would you respect nothing that was more than 12 months' old? No, I do not think that that would be a proper limit of " recent date." 2709. You are aware that in the Irish Church Act the limit taken was the date of the Restoration ? Yes. 2710. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 269 2710. Do you consider that to be a reasonable limit? C. Reed, Esq., m.p. No, I should not call that a recent date. 17th mTIT 8 2711. Do you think that it is just to take away from testators who bequeathed their money for the benefit of the Church of England, money that was bequeathed at so recent a date as that ? It is a difficult thing to draw a line, and to show what might be considered to be a " recent date " ; I am speaking now of modern times; I would respect any gifts for a specific purpose in modern times. '27 1 2. But in framing an Act of Parliament it is absolutely necessary to define a limit ? T am not able to draw that line. 2713. Do you wish to lay it down as a general principle, that whatever endow- ment is not of recent date, be its destination religious or otherwise, need not be respected by Parliament? 1 desire the abolition of religious tests in connection with University endow- ments. 2714. Do you desire the abolition of all religious endowments? I have made an exception in the case of modern gifts for specific purposes. 2715. Those that are of an undefined but recent date ? Yes. 2716. But, with that exception, do you desire the abolition of all religious endowments? I do not value religious endowments. 12717. But do you think it desirable that Parliament should confiscate them? I should not apply the term confiscation to the Act proposed by Parliament. 2718. Do you think it desirable that Parliament should take them from the people who have them now, and give them to other people who have not got them now ? ... I think it is desirable that Parliament should deal with them in the interests of the nation. 2719. And to the injury of the interests of the present holders? If that necessarily follows from Parliamentary action. 2720. But what I wished to ascertain was, whether this process of transfer- ence' or confiscation or expropriation, or whatever name you may give to it, ought to be applied to endowments of all kinds that are not of recent date, or only to those which have a religious purpose ? No ; the application would be to those connected with the colleges where religious tests are now applied. 2721 But do you think that the mere fact of an endowment being connected with a college takes away from it that character of sacred ness which would attach to other endowments which were not connected uith a college r I should regard its specific character in its application. 2722. But supposing you found an endowment for the purpose of sustaining a particular religion that was not connected with a college, would you allow that to survive for a longer period than you would an endowment that was con- "Tl^^rXt there would be any reason why Parliament should not deal with the one as with the other. 2723 In fact there is no objection to Parliament generally transferring to any person it thinks fit, the enjoyment of all endowments of a religious character if ^Z^JZTX'so in the national interests. The proposal is not to take away from one person to give to another, but to open the benefit to all. 2724 Do you not think that, for the warning of future testators, it would be desirable that Parliament should lay that principle down to prevent people throw- " I^nVScSf Parliament might probably lead to that result. (170 LL 3 2 ? 2 5- But O70 MINUTES OF EVIDENCE TAKEN BEFORE THE C. Reed, Esq.,M.p. o-or But you do not think that anymore sacredness ought to attach to 17th Mareh 1871. Nonconformist endowments than attaches to endowments connected with the Church of England? No, I think not. 2726. Parliament would have an equal right to dispose of them to whom, or for whom, it thought fit? Quite so. 2727. I think, in speaking of tests, yon made a special exception in favour of seminaries for the instruction of candidates for the ministry ? Yes. 2728. Should you not allow that exception to extend in any case to places where laymen were admitted, even though the main character of the institution was that, of a seminary ? I am not aware of any case where laymen are admitted. They are students in the college, but they simply attend lectures, they do not reside. 2729. But if there were a case at a college where both candidates for the ministry and others were educated, would you not think it reasonable that the teachers should be specially selected with a view to their orthodoxy, on the ground of their having to teach candidates for the ministry r I think it most desirable, indeed necessary, that they should be selected by the subscribing and governing body on account of their fitness for the work they have to do. 2730. Part of that fitness would be purity of theological doctrine, would it not? No doubt it would in a theological college. 2731. That fitness would not be vitiated by the fact that some persons who were not intended for the ministry attended their lectures f Not at all. 2732. Lord Stanley of Alder let/.] Do you not think that the question of the specific purpose and date, as applicable to bequests, is rather one for the law officers or courts of law, than for a representative assembly? I think not ; I think it is a question for Parliament. 2733. Are you not aware that the case decided by the Court of Chancery with regard to Lady Hewley's bequest is a standard case of justice in English law ? I am not sufficiently familiar with that case to speak about it. 2734. When that decision was given, it was always quoted as a credit to English law, was it not ? I am not aware of anything more than the fact of the decision. 2 735- By Parliament, I suppose you mean a representative assembly? I do. 2736. What is the reason for the inference that a representative assembly should have more right to dispose of property than the Sovereign, as in the case of Frederick the Great and the miller of Sans-Sonci ? I have always considered that Parliament is supreme. 2737. Does that supremacy over-ride right and wrong ? I am not sure that 1 can say that Parliament can do no wrong. 2738. Do you ever read the " Tablet " ? No, never. 2739. The "Tablet" has been lately maintaining the position with reference to recent events in the English Church, which it is not necessary perhaps to par- ticularise, that the Church of England is practically in communion with all Non- conformist bodies, except the Unitarians. Should you be disposed to admit the truth of that position. The Revision Committee, and what has been called the Westminster scandal, and other matters of that kind, were referred to ? I suppose a Unitarian would call himself a Christian. 2740. My question is, whether the Church of England is practically in com- munion with all other Nonconformist bodies, except the Unitarians ? I acknowledge 17th March 1871. SELECT COMMITTEE ON UNIVERSITY TESTS. 2/1 I acknowledge but one church myself, and that is the Church of Christ. In C Reed, Esq., m.p, that sense there is communion among all true Christians. 2741. Then what is the hardship of the position in which Nonconformists find themselves placed in regard to the Church of England, with reference to the Universities ? That they are subject to disadvantages which a member of the Church of England is not subject to. My own son could not take a fellowship. 2J42. Lord Colchester.'] With reference to what was asked as to private bene- factions, I wish to know whether you would agree with the opinion given by Mr. Samuel Morley with reference to the property of the Church of England. He was asked in a former Committee of this House, " With regard to another species of church property, namely, endowments for district churches, do you think them applicable to any other purpose than the support of the Established Church " ? His answer was this : "I have the strongest impression that an en- dowment formed by private beneficence ought to be held sacred ; money, for instance, put in trust by anyone for the purposes of the Church of England, I think should be held saered for such purposes." Should you adopt that opinion, or would you modify it ? Where there is a specific trust, I should hold it as sacred. 2743- You would admit that that would apply to any college founded specially for Church of England purposes? I should agree in the answer given to that question. 2744. Mr. Morley was further asked, "Does not your own church property, the property of the great dissenting body of England, depend upon the principle «f the sacredness of such endowments 1 " his answer was " Clearly so" ; should you admit that ? Whatever endowments we have depend upon that principle ; they are very few among dissenting bodies. 274,5, With reference to the phrase you have used several times, of a " national University," can you explain to the Committee exactly what view you take of the title of the nation, on the one hand, to the University, and, on the other hand, to the separate colleges ? T have always regarded the Universities as claiming to be national institu- tions. 2746. What sense do you put upon the words " national institution" ; do you mean an institution founded by the nation, or an institution which has absorbed the nation into itself? I mean an institution claiming to be freely open to all classes of the commu- nity. 2747. That is assuming the whole question, is it not ; I mean that the Univer- sity does not claim to be open to all classes of the community unless this Bill passes ? It is open with certain tests. 2748. It is open, except with certain restrictions ? Yes. 2749. Do you consider, then, the colleges to belong to the nation as a whole, or separately ; I mean, do you consider that the whole nation has a right to all the colleges, or that each member of the nation has a right to share in every single college? 1 think that Parliament is entitled to deal with the colleges in the interests of the nation. 2750. I asked upon what ground ; upon the ground of national endowment, or on what ground do you consider the colleges to be the property of the nation more than any other existing institutions ? The Universities are not available to the community at large, except through the colleges, to any extent. 275 1 . Except through membership of the colleges ? Yes. (17.) LL4 2 752. You C. Heed, Esq., M.r. 272 MINUTES OF EVIDENCE TAKEN BEFORE THE 2752. You do not mean through the endowments or offices of the colleges? Yes. ar ' 2753. Are you aware that no man need hold any college office, or share in the college endowments, in order to hold any office in the University, special cases apart ? Yes, I suppose so. 2754. Do you not consider that, supposing the University to be a national in- stitution, as a national institution it should reflect, to a certain degree, the wishes of different portions of the community ? It should reflect the wish of the community. 2755. You would consider that a large number of parents are favourable to au undenominational system of education, and that a large number of parents also are favourable to a system of denominational education, should you not? Yes. 2756. Supposing some arrangement was arrived at by which the University was partly denominational and partly undenominational, would it not be more truly national than if absolute ascendancy was given to either principle ? I "think it would reflect the wish of the nation if it were tree, with religious influence, rather than partly closed by religious tests. 2757. You consider the nation as a unit in the matter ? I think we must. 2758. Supposing that the small number of post-Reformation colleges remained as they are at present, would not each of the parties into which the nation is divided, the denominational and the undenominational parties, find its wishes gratified, and certainly not in a manner too unfavourable to the denominational party, in proportion to the relative numbers of the two parties? I do not think you could act upon that arrangement. 2759. What is the difficulty which you see ? Your Lordship suggested that all parties should be represented, as the nation is divided into denominations now. 2760. I say, would not the various wishes of the country be very fairly repre- sented, if a portion of the University was denominational and a portion unde- nominational ? I think not. 2761. Those who wished for an undenominational system would have their colleges open without tests, and those who wished for a denominational system would have tests at their colleges, would they not? I think a national University ought to be free of all denominationalism. 2762. You think a national University should represent an absolute ascendancy obtained by one party, if that be the more numerous party ? No; I think fairness requires that the University should be freely opened to all. 2763. Would it not, as a University, be freely opened to all under the system I have just proposed 1 I think the abolition of tests would make it so. 2764. Should you say that the University was uot freely opened to all, if any one could find admittance to some college or other ? The presence of tests prevents that admission. 2765. You mean to the particular colleges as they exist ? To all the colleges under the existing system. 2766. I ask whether the modification of the system which J have mentioned would not be in some ways a fuller representation of the feelings of a divided nation than any uniform system ? It might be, but I do not think it would be satisfactory to the people gene- rally, and certainly not to the Nonconformists. 2767. You think that nothing but the absolute ascendancy of their undeno- minational principle would be satisfactory to them, and that they would be unwilling to divide the Universities as I have suggested ? I do. SELECT COMMITTEE ON UNIVERSITY TESTS. ^73 I do. I think nothing but the absolute abolition of all religious tests will c.Reed Est. mp satisfy the bulk of the people. ° - ' q,> M - P * 2768. And therefore they would object as strongly to the post-Reformation — ' , 71 ' colleges remaining denominational as they do to the present system ? I find that feeling spreading very much amongst the working class, who are coming now to a knowledge of the advantages of education. 2769. Do you think that class is well informed as to the dates of the different endowments ? They are becoming much more familiar with them than they were. 2770. Do you think that they are largely aware that many endowments are of post-Reformation date ? I could not say they are largely aware of it. I think they are uninstructed in many points, but they take a deep interest in this question. 2771. Do you think they have more than vague general impressions derived from ephemeral literature about the constitution of the Universities ? No, I do not think I ought to say that they have ; but their children are already looking forward to the advantages of a University education. 2772. Would not a great many of them at present have great difficulty in obtaining a University education if we were entirely to abolish tests ? No doubt the expense would be a great difficulty, but many of the working men are wishing and endeavouring to get their sons, by means of scholarships, up to the University. 2773. You do not think that their difficulty or their wishes would be met as long as a single denominational college remained in the University r I think they would object to anything in the shape of religious tests. 2774. Then you would only make an exception in the case of foundations within the last few yeai's ? I should say, foundations of a recent date and of a specific character. 2775. Earl of Carnarvon.] You cannot give us any better definition of M recent date " than you have given ? No, I am not able to do so. 2776. You would count 10 years a recent date, I suppose ? Yes, I suppose that must be considered a recent date. 2777. Would you consider 20 to be a recent date? I think the noble Lords will form their own opinion as well as I could upon -that point. I think it is a mere matter of opinion. I cannot draw the line. 2778. Our object is to be satisfied with your opinion, because on this depends of course a good deal of the evidence which we have had the pleasure of hearing from you to-day. Should I understand, therefore, that whilst you would admit 10 years to be "a recent date," you would not admit 20 years to be so? No ; I think the specific character of the gift would govern the decision much more than the date ; but I think a specific gift within the date your Lordship mentions should be regarded as sacred. 2779. Within 20 years? Yes. 2780. Would you carry it back another 10 years, and say 30 ? I would rather not attempt to draw a line. 2781. But by recently, do you mean absolutely within this century ? I would rather not fix any"date ; I have not considered the question in that light. 2782. But you have considered that a great deal turns upon that question, surely ? Much more turns upon the specific character of the provision. 2783. If the character of the provision was essentially particular and specific, would you hold that that removed the date some 20 or 30 years further back ? 1 think the date makes a great difference in view of Parliamentary action. (17.) Mm 2784. Provided - 4 MINUTES OF EVIDENCE TAKEN BEFORE THE C. need, Esq., m.p. o - 8 4 provided that the intention of the founder was very clearly marked ? • m —7 I think it would govern Parliamentary action very fairly. 2-8 > But you would not be prepared to go beyond this century in your definition of modern times? . I would rather not draw a line myselt. It is a most difficult thing to do. 2-86 Lord Hartismere.] I daresay you aro aware that at Trinity College, Cambridge, undergraduates are allowed to withdraw from attendance at chapel ? Does your Lordship mean on bunclays f 2787. At all times ? I believe, on request, they are. 0-88 I suppose vou object to this system of withdrawing, on the principle that'it rather, as it were, tickets those who do withdraw from attending the It might no doubt have that effect ; but as far as Nonconformists are concerned, (I am speaking as a Nonconformist) the Nonconformists value these services, out they object to being required to attend. Very few ask for liberty of absence, I think. 2789. If some more easy mode of withdrawing from compulsory attendance at chapel were established, that is to say, that this ticketing was done away with, would you object to compulsory attendance ? I should object to any compulsory attendance upon a religious service ; my objection is that it is compulsory. The Witness withdrew. The Reverend WILLIAM HENRY BATESON, d.d., is called in; and Examined, as follows : Rev. 2790. Lord Houghtoni] You are the Master of St. John's College, Cam- W. H. Bateson, \) Y \r\ae > Yes.' 2791. How long have you held that post? Since 1857. 2792. Before that were you a fellow of the college ? Yes. 2793. How many years have you resided at the University? Since 183J. 2794. Can you state to the Committee the number of fellows in your college? Fifty-six. 2795. Do they hold their fellowships under different conditions? No, all the same ; there used to be a difference, but at the time of the Univer- sity Commission they were all put upon the same footing. 2796. What declaration does a fellow make ? He may be said to make three religious declarations ; one under the Act of Uniformity, that he will conform to the Liturgy of the Church of England; another, that he is a bond fide member of the Church of England, that is by a statute of the college; and the third, what we call the Protestant declaration, the declaration of the time of Queen Elizabeth and Edward the Sixth. 2797. Chairman.'] What is the effect of that last declaration? I believe it «as left by the Commission as a harmless thing, except with a view of excluding Roman Catholics, but it has had an effect very different from what was intended, inasmuch as there occurs this expression in it : " Scriptures aucto- ritatem hominumjudiciis prapositurum." There is the same declaration required at Trinity as at St. John's, and in both colleges I know of cases in which that test has created a difficulty which, I am perfectly certain, was not contemplated by those who left it in operation at the time of the revision of the statutes. 2798. Lord D.D. SELECT COMMITTEE ON UNIVERSITY TESTS. 275 2798. Lord Houghton.'] Has this conduct on the part of those fellows been Hev considered by some as over-scrupulous ? W. H. Bateson, It may be so ; but of that I cannot speak with confidence. i>.d. 2799. But thai circumstance shows that there is in the minds of good men no ^ th Maroh l8 7>- wish to evade what they consider a serious test, but rather a readiness to make conscientious sacrifices on the matter ? So far as I know, in Cambridge the existence of the test has rather operated to prevent persons taking fellowships, and to induce them to give them up after they have taken them, in consequence of their views altering and disagreeing with those particular tests. I have not heard of any instance of a man taking a fel- lowship upon whom there was the slightest imputation as regards his evading the strict efficacy of the test. • 2800. In your own college have you had instances in which persons have attained such University honours as might have entitled them to a fellowship, but who have been prevented from occupying that post by the tests which are now imposed ? Yes, there have been instances of it. 2801. Would you have any objection to state to the Committee your opinion as to the advisability of a change of the present law ? I see little advantage in the tests ; I do not speak of it as a question of strict right, but I think, as a matter of expediency and propriety, it would be advisable to do away with all the tests. 2802. Might I ask whether you have come to that conclusion from later experience, or whether you have always held that opinion; you need not answer the question unless you like ? For some time I was in hopes that we might have adhered to the arrangement that was made at the time of the Executive Commission ; but there has been so much discussion of these questions, and so much difficulty has arisen which could not be foreseen, that I have come strongly to the opinion that it is desirable to remove all the tests. At one time I did join in a petition to Parliament to retain the arrangement made by the Executive Commission, but what has happened since in the University, and in the country, has led me strongly to think that it is advisable to do away with the tests. 2803. Have you at all thought what consequences might follow from the withdrawal of them 1 The immediate consequences, I think, would not be considerable; I think we might go on for some time with very little change indeed; the ultimate conse- quences I dare say might be considerable ; of course it is difficult to foresee the Tesult, but I think it is not at all unlikely that some of the colleges might become denominational, and I should see no evil in that. 2804. First, as it affects the larger colleges, such as your own, do you think that the repeal of tests would act in the direction of increasing religious con- troversy ? I think not; I think it might allay many controversies which have been going on. 2805. Do you think that the repeal of the tests would diminish the general religious influences of college life ? No, I think not, 2~8"o6. Then, as regards the smaller colleges, do you believe that the effect . would tell there more than on the larger ones ? There is a greater probability that it would, in consequence of their smaller numbers of fellows. 2807. Do you imagine that, within any limit of time which we can contem- plate, any college would undergo such a change as to entirely lose its religious character, and become a secular body? No, I do not apprehend that. 2808. If such a consequence did follow, would it not rather be a consequence of a general charge of public opinion, which it would be in vain to resist, than a (j 7 ) ' m m 2 consequence 276 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. consequence of the abrogation of such tests as are now proposed to be done it'. H. Baleson, away with ? " D - I think that the Universities, judging from my own experience in Cambridge, 3-th March 1871. will always be very sensitive to the general opinions prevalent in the country. '_ ' There has been a strong dtsire, a desire which some persons perhaps might consider almost exaggerated, to increase the number of students in every college. There is a great competition, almost an unreasonable competition, as many persons would think, on the part of the colleges, to vie with one another in an. increase of numbers; and that shows a sensitiveness to public opinion, because their numbers will always depend upon what the sentiments of parents and guardians may be as regards sending young men to a particular college. Conse- quently I think that the governing bodies of colleges will never, to any appreciable extent, reject considerations of that character. 2S09. Earl Stanhope.} Among the Nonconformist members whom you have in your college, do you find any unwillingness to attend the services in the college chapel ? It is only quite recently that any different rule has been observed with regard to them, and therefore I could not speak of anything which has existed for any length of time. Up to quite recently we never made any distinction between a person who believed in the doctrines of the Church of England and one who did not. 2810. What is the different rule to which you refer? I think now, particularly alter the declaration of this Bill, we should attend to any wish that was expressed by any person to be exempted from attending chapel on the ground of religious scruples. 2811. If he expressed his wish not to attend in consequence of religious scruples, you would at once comply with his application ? I think so. 2812. Up to this time, have Nonconformists generally attended the college chapel ? Uniformly. There has been no difference of rule at all. 2813. In the event of tests being generally abrogated, have any special safe- guards for religious teaching occurred to you ? I think that the declaration that we have in the statutes of the colleges gene- rally as to election would be a valuable one. I do not anticipate that that will be altered by the passing of the Bill. 2814- Would you have the goodness to explain that a little more fully ? The electors make a declaration that they will elect, to the best of their judgment, the person most fitted to become a member of the college, as a place of religion, learning, and education ; those are the words, I think. I believe that declaration would always have a certain influence over the elections. 2815. But that would admit persons of any form of faith? Yes ; I see by the published Report of your Lordships' Committee of last Session, that Professor Rolleston thinks that that declaration would be affected by the general scope of the Bill. That would not be my view, as far as I under- stand it. 2816. Might there not be this danger, that although no Nonconformist body might obtain a majority, yet there might be several Nonconformist bodies among the fellows, and they might collectively show an indisposition to the teaching and the services of the Church of England ? Yes, it might be so ; but the Nonconformists, in the narrow sense of the word, rather like the services in the chapels than otherwise Your Lordship wilL observe that I am using the word " Nonconformist" in its narrow sense. 2817. You are aware that the Act of Uniformity, though it prohibits any other services in the college chapels besides the services of the Church of England* does not absolutely prescribe or enjoin those services ' Yes. 2S18. Should you see any objection to a legislative provision that those services should always be performed according to the rites of the Church of England r I should SELECT COMMITTEE ON UNIVERSITY TESTS. 27; I should think that would be an advantage ; to say the truth, that is the prin- cipal amendment that I should like to see made in the Bill. I took an active part in representing to Mr. Gladstone the wish of those who are opposed to tests in the University of Cambridge, and our application was limited to such a repeal only of the Act of Uniformity as would leave that, clause to which your Lordship refers in existence. 2819. But the question goes a little further; the clause in the Act of Unifor- mity prohibits any services except those of the Church of England ; should you see any objection to a legislative provision not only prohibiting any other service, but enacting that the service should take place in conformity with the rites of the Church of England "? None whatever; I should prefer that question to be settled by Act of Parlia- ment rather than left to rest upon the statutes of the colleges. 2820. You say that as a decided advocate of the abolition of these tests ? Yes; and I know that that is an opinion which is common among the friends of the Bill. 2821. We may therefore conclude that, us far as your opinion goes, if there were such a provision introduced into any Act of Parliament, it would not be unfavourably received, but the reverse? It would be favourably received by a great many whom I can speak for; I cannot speak for all. 2822. Who is the visitor of your college? The Bishop of Ely. 2823. Are the cases of his interference .frequent ? They used to be very frequent with regard to what were called the appropriated foundations, but I hardly know of more than one instance in which he has inter- fered upon a general question. 2824. Is the Bishop of Ely the visitor in right of his episcopate, or has he been specially elected visitor ? He was specially appointed by the foundress of the college. 2825. Therefore your visitor is always the Bishop of Ely for the time being? Yes. 2826. Has he cognizance of the affairs of the college by periodical reports, or does he only receive a knowledge of them when he is appealed to ? Only in special cases of appeal. General visitations were directed in the original statute appointing the visitor, but they have not taken place for a great number of years. 2827. Supposing the master and fellows of your college, or the majority of them, had a disposition to alter the statutes, could they do so without the authority and sanction of the visitor r Yes, they could ; there is a special provision for that in the statutes them- selves. 2828. Then what is the power of the visitor? The power of the visitor embraces the interpretation of doubts, the settle- ment of disputes, and the enforcement of a proper observance of the statutes, 2829. But he has no veto upon what the majority do ? No ; nor has he any power to regulate anything beyond what is in the statutes themselves. 2830. You could not, however, I apprehend, make any alteration in your statutes without a reference to the Queen in Council ? No ; nor without a meeting specially convened, and with a special majority. 2831. Have you had any change since the University Commission, in the statutes of your college r None. 2832. As far as you know, is any contemplated ? Not at present. (17.) m m 3 2833. Reverting Rev. W. H. Bateson, n.D. 17th March 1871. 278 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 2833. Reverting to a former point, did I rightly understand you to say that W. H. Baleson, attendance at chapel in your college is voluntary, and not compulsory ? d.d. No, it is not voluntary, it is compulsory within certain limits. That is to say, 17th March 1871. a certain number of attendances are expected. 2834. That is compulsory unless religious scruples are pleaded ? We have never dealt with that particular case yet, but we contemplate its being dealt with if this Bill passes. 2835. In the event of those religious scruples being pleaded, would it be the intention of the college to see that the person so pleading them should attend another place of worship according to his own persuasion, so as to guard against the danger of those scruples being merely pleaded from indolence and as a pre- text ? That would be my view. The government of our college rests with the master and seniors ; no particular rule has been made yet, but I should contem- plate what I believe has been the practice at Christ's College, where it is ascer- tained on a young man's coming to the college whether he belongs to a different denomination from the Church of England or not, and in that case the tutor enters into some arrangement that he should attend the services of the denomi- nation to which he belongs. 2836. If some such arrangements were made, you do not apprehend any in- jurious effects from the removal of tests at Cambridge ? No, I do not. 2837. Has there been much feeling excited on behalf of such gentlemen as Mr. Hartog, who appeared before us, who have been debarred from standing for fellowships on account of the tests ? There has been a great deal said about it ; not merely with regard to the case of Mr. Hartog, but we have had other senior wranglers in a similar position; some gentlemen from Scotland and one or two others, of whom Mr. Aldis was one, have been excluded from taking fellowships by the tests. 2838. And that has increased ? This has rather excited attention. 2839. Lord Lyveden.~] You stated, I think, that you thought the Noncon- formists did not object to, or perhaps approve of, the service of the Church of England being retained ? Yes. 2840. Under "Nonconformists do you include Roman Catholics and Jews ? No ; I believe I said that I used the word Nonconformist " in the narrow sense." I did not include them. 2841. The Roman Catholics, of course, would object to it? No doubt they would. I think there has been an indisposition on the part of Roman Catholics to come to the University at all. 2842. Do you permit them to absent themselves from chapel at St. John's ? No, we have never made a different rule. We had a Roman Catholic not long ago, who was allowed by his friends to attend the chapel. It appeared to me that they allowed it rather as a rule of discipline than as a rule of religious life. 2843. Then if he did not attend the service would he be subject to a punish- ment ; would be be compelled to attend ? Yes, no difficulty was made about it. 2844. His attendance at any place of religious service of his own persuasion would not justify his absenting himself from your service? No, that was the rule which was then prevalent. 2845. Does that apply also to Jews r Yes; we have never had an instance of a Jew for the last 30 years. 2846. You have not had a Jew in your college ? No. 2847. In what college was the Jew of whom the noble Earl just spoke? At Trinity College. 2848. You SELECT COMMITTEE ON UNIVERSITY TESTS. 279 2848 You do not know perhaps what happened with regard to his attendance Rev. at chapel r w. H. Bateson, I do not know in his case, but I know in the case of another Jew that he was _^fl excused on his application. 1?th March l8?1 2849. On his application accompanied by an explanation that he was of the ' Jewish persuasion ? Yes. 2850. Has the desire to abolish tests increased in the University of late vears .to your knowledge ? Yes. 2851. Very much ? Very, decidedly. 28,52. How is it, as far as you know, amongst other people not belonging to the University ; for instance, the parents of undergraduates coming up to your college, have they objected to the tests ? I have not heard of it. I could not speak upon that point at all, but T should think they must be affected by the general current of opinion. 2853. Your experience on that point is not large ? No, I could not speak with advantage upon that point. 2854. But in the University you think that the feeling against tests has increased ? Yes; I took an active part last December twelve months upon the subject, and we prepared a memorial to Mr. Gladstone, that was signed by one more than the half of the managing tutors of the whole of the colleges; there was just a majority. 2855. Was it signed mostly by young men, or by mature men ? The managing tutors are the most mature men that we have to do with. In my own college and in Trinity College a very large majority of the lecturers, that is, the assistant tutors, were in favour of it. There were two other memo- rials presented in the contrary sense ; one belonging to what might be called the irreconcilable party, who would not have any change at all ; that was signed by something short of 50, I think ; and another, which was signed by the medium party, who were willing to have some change, or indicated a willingness to have a change, provided there were certain safeguards. When we came to put these three sets of names together, we found that our set came to about 112 or 114, I think, and the others to about 119. I think there was a difference of only five or six between them. That would indicate the state of feeling better than any description I can give. 2856. Which was your party? I belonged to those who were for removing the tests. 2857. For having the Bill as it is? The question was not as to this particular Bill, but as to one very nearly like it. 2858. You have seen the Bill as it is before their Lordships? Yes. 2859. Does it satisfy you, as taking the proper steps for the object, or would your view go beyond it or fall within it ? I would do nothing with regard to this Bill, except introduce a clause to maintain the chapel services as they are. 2860. Duke of Somerset.] Would you go further, and admit to all fellow- ships ? A provision for that purpose is in the Bill, I think. 2861. Lord Lyveden.] The Bill does not touch fellowships limited to persons in Holy Orders ? That question does not apply in reality to admitting to fellowships. The rule of ordination is a rule which applies usually some years later than admission. (17.) m m 4 2862. Duke 280 MINUTES OF EVIDENCE TAKEN BEFORE THE w. JLBait'on 2S62. Duke of Somerset.] With regard to the teachers of Divinity, would you d.d. take any security from them ? ,- I do not think it is requisite to do so. I think no change is required there; it 17th .larch 1 71. de p ends rea i]y U p 0n the body of electors, I think, rather than upon anything else. 2863. You do not think that it is necessary to establish any safeguards with respect to them ? I should say not. 2864. Earl Beauchamp.] I wish to ask you a question with regard to the governing body of St. John's ; how is the governing body composed ? The master and the eight senior fellows who have resided the major part of he last term constitute the governing body. 2865. Are these senior fellows necessarily or probably in Holy Orders? A relaxation with regard to Holy Orders was introduced by the changes made at the time of the Executive Commission, and now we may have laymen, pro- vided that they have held certain offices, or are holding certain offices ; conse- quently there may in a short time be a few laymen amongst our seniors. 2866. Would you mention the offices, the holding of which qualifies, as an alternative with Holy Orders, for the position of seniority ? It is stated at the end of the Report of your Lordship's Committee. I made a return upon the subject last year. It is rather a complicated story ; but if the Report were here, I could give it you. They are lecturers, the tutors, and the senior bursar ; we have 17 or 18 lecturers ; and if a man were holding an office in the University that also would suffice. 2867. But still the larger proportion of the governing body of St. John's would be clerical even if the Bill passed ? Yes ; it must be clerical for some time to come. 2868. In all probability it would continue to be clerical ? I should think the majority would. 2869. Lord Colchester.] If I understand you rightly, you are not in favour of anything further than what is included in this Bill? I do not advocate anything further. 2870. And you would not wish to see the clerical fellowships done away with? I do not advocate it. 2871. Supposing they were done away with, the Church would lose whatever advantage she derives from being assured of a certain number of fellows being members of the Church of England. I think a change will come with regard to that ; but I do not advocate it. 2872. Therefore you do not look upon this at all as a final measure ; you think that a further agitation will necessarily arise as to other points ? Not necessarily, I think ; but we are promised, I believe, an investigation upon that special point. 2873. Therefore there would be no hope that the passing of this measure would remove whatever inconveniences result from agitations on religious questions ? So far as the point of clerical fellowships is concerned. I do think there will be agitation about that. 2874. Are the endowments of your college pretty much of one date, or of different dates ? Of all sorts of dates. 2875. Have you many decidedly post-Reformation endowments ? Yes, we have, and I might say that the Act of Parliament that was passed for the alteration of the University of Cambridge made no distinction with regard to recent foundations ; there was no limit of time prescribed. 2876. That was, I suppose, with reference to local and scholastic restrictions merely, was it not ? I think entire freedom was left to the college with the Commissioners, or to the Commissioners with the college, to make almost any change they pleased. 2877. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 281 „nrf«™ D ,° -° U DOt 8S >- any r d l fference in P ri "ciple between the two classes of Rev. endowments in a question of this sort? w. H.Bateson, I think it is question of expediency entirely. »•■>• irattCT 8 ? Y ° U d ° n0t C0 "' sicler that there is an y question of property in the 17th March 1871. No, I do not regard it as a question of property. 2879. Do you consider college endowments as belonging to the nation or as belonging to the college ? # I consider them as belonging to the college, but subject to Parliamentary re- vision. ■* 2880. Do you think it advisable that Pailiament should deal with private en- dowments founded after the existence of religious divisions in the country in the same way as it would with any decidedly public property ? I should not be jealous of any interference of Parliament ; I think Parliamen- tary interference is not to be deprecated. 2881. You think the more the Universities are brought under the control of the Legislature the better. I should not wish for any limit to be prescribed. 2882. You think that a system by which the State prescribes a uniform rule in matters of education is preferable to one by which the wishes of individual founders create a varied system? I should not recommend a State method of education. I should not recom- mend an interference with individual selection. 2883. To what class of cases do you refer? I presume your Lordship refers to some course of* study or particular method of instruction. _ 2884. You would be sorry to see Parliament interfere with methods of instruc- tion, but you would wish it entirely to regulate the whole application of money once given for any endowment ? . I do not think this question of tests at all turns upon the terms of particular endowments. 288^. Do you object to denominational endowments retaining their denomi- national character ? These tests are entirely the creation of Parliament ; they are not the creation at all of endowments. 2886. I am speaking of the colleges ; have not the founders often expressed their desire that the colleges should be in connection with the Church? Not that I am aware of. The post-Reformation colleges at Cambridge are three, Sidney, Emmanuel, and Downing. There is nothing in Sidney College, that I am aware of, which at all separates it from the rest of the colleges in regard to the terms of the endowment. As rogards Emmanuel College there was a strong wish, and I have no doubt it was the guiding wish of the founder that it should be a Puritan foundation. It has ceased to be that entirely for very many years, and has been perhaps as little Puritan as any college in either University. 28S7. But the founder, probably, would have been unwilling to see Roman Catholics in the governing body. Yes, no doubt he would. 2888. Then may I understand your view to be that you wish Parliament to remove every test "that Parliament had imposed, but you think that if any other restrictions exist, they might be more tenderly dealt with ? Yes, there would of course be a difference if you found a test, or something like a test, in a deed of* endowment. 2889. Chairman-] Have you any modern endowments at St. John's? Yes, we have several. 2890. Were they founded, do you imagine, with any reference to the fact that the college was then a place of Church of England education ? (17.) N n There 282 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. IK. H. Bateson, D.D. 17th March 1871. There is nothing specifically referring to that. The modern endowments are mostly nifts of former members of the college ; therefore so far as they come from former members, you might infer that they would have reference to what the college was in their o*m time. ■->8qi. I suppose it would be a departure from the intentions with which they made ihe foundation if the college were to become very hostile to the Church of England in point of religious belief? That might be an inference, no doubt. 2892. Should you be willing to see any exception made, in the case of modem endowments, in the operation of the Bill ? I should see no advantage in making any limitation of time. We had no limitation in the Cambridge University Act, which was of a very similar nature, and under which modern endowments were very freely dealt with. 2893. Is it your view that endowments once given to a college are at the dis- cretion of Parliament to deal with as it likes? I should say so. 2894. Do you think it is desirable that such a doctrine should be solemnly recorded for the warning of all future testators ? I have no fear of frightening testators ; what would alarm one class would encourage another. 2895. Do you mean that they are incapable of being frightened, or that you would rather that they were frightened ? I think they are incapable of being frightened. 2896. You think that, whatever Parliament might do, they would still leave their money for Parliament to deal with ? Yes, I think so. 2897. Have you had any cases in your own college of persons being unable to obtain fellowships by reason of their religious opinions. Yes, there have been two that I know of, and one was rather a remarkable case. It was the case of a man who had dissenting connections, but from the time he came to the college he was one of the most studious men. He dis- tinguished himself very much eventually ; and he always was a communicant, like a member of the Church of England, and notwithstanding he could not takethe test. 2898. Do you know to what part of it he objected? No, 1 do not. 2899. You referred to some effect which had not been anticipated, which resulted from the Protestant tests which you mentioned at the beginning of your examination ? Yes. 2900. What was that effect? It was a question of the inspiration of Scripture ; as to how far human reason may dial with the words of the Bible. 2901. You think that any test which affirmed the inspiration of Scripture would be liable to grate against scruples of that character f I feel satisfied that it would. With regard to a large class of persons who are now studying natural history, for instance, 1 think if you were to put the Bible as an authority which they must not impugn, it would violate all their notions of propriety. 2902. They would hold that any general affirmation of the inspiration of the Holy Scriptures bound them to particular forms of expression with reference to natural science. Yes ; I think the whole cosmogony of the Old Testament is in their minds of no authority. 2903. Do you think that in that distant future to which you referred, the large or the small colleges would become denominational ? The small would be more likely to become so than the large, I think. 2904. Do SELECT COMMITTEE ON UNIVERSITY TESTS. 283 2904. Do you not think that the large colleges would probably become in- Rev. differential r ' W.H.Bateson, I see no reason to apprehend special danger in their case. 1 should think count7at hrgeT ^ COmin ° n ^ f ° ,l0Wing thC « eml ~™ ° f — tS in the »7» March ,„, 2905. Do you not think that the presence, before the eyes of young men, of sharply conflicting relig.ous belief i„ those who are appointed to take care of them, has a tendency to make them reckless about all religious belief I am _not at all satisfied that it does; lam rather inclined to think that it might have another influence, namely, that of sharpening their views of truth and strictness of conduct. 2906. Then you think it wholesome for a young mind to be introduced to controversy < Yes, I do. 2907. Do you not think that considerable indifference among the young men of the Universities followed the sharp controversies of about 20 years ago, upon the subjects which were then at issue ? We have not experienced it at Cambridge ; I do not know how it may be elsewhere. J 2908. Lord Houghton.] Has there been in Cambridge, of late vears, an encouragement given to an increase of metaphysical study ? There has, by prizes. Our moral science tripos examination too is in a very active condition. 2909. I know, in my time, the study was almost entirely confined to Butler and Paley. It has now taken somewhat larger proportions, has it not ? It has assumed considerably larger proportions. The moral science tripos is a very active institution. 2910. Has the general tendency of that been, do you think, to disturb or to corroborate religious opinion ? I have not heard of any disturbance arising from that cause. 2911. You are not aware of any serious dangers to the mental constitu- tions of the students, which have arisen from these studies, as pursued at Cambridge ? I know several of the persons who take an active interest in these studies, and they are men of as religious lives as any that I know. There has certainly been no tendency to scepticism promoted by any such studies. 2912. May not the prominent study of mathematics have acted in some degree as a balance against the uncertainty of metaphysical science ? That has been a prevailing opinion in Cambridge. The Witness is directed to withdraw. The Reverend EDWARD ATKINSON, d.d., is called in ; and Examined, as follows : 2 9i 3- Chairman.] You are the Master of Clare College r Rev. Yes, lam. E. Atkinson, ».i>. 2914 You were Vice Chancellor, I think, of the University of Cambridge last year? I was, 2915. What power does the University, or the Vice Chancellor, possess of restraining heterodox teaching on the part of the professors ? I do not know that the Vice Chancellor possesses any. 2916. You have never heard of such a power ? Not as regards the ordinary professors. As regards the Divinity professors, (17.) N n 2 and 284 MINUTES OF EVIDENCE TAKEN BEFORE THE an d the Professors of Greek and Hebrew, the Vice Chancellor has the power of E. Atkinson, d.d. calling upon the professor to subscribe the articles whenever he shall see occasion ' to- do°so, or rather, I think, it, is to subscribe the three articles of the 36th 17th March 1871. Canon _ 'j !iave t ^ e statute in my pocket, but I forget, at the moment, the exact form of it. I know he has the power of calling upon the Divinity professors to subscribe some religious test, if he sees occasion, but with regard to other pro- fessors I do not know that he has any power. 2917. It would be under the Act of Uniformity, would it not ? No, it is under a special statute for these foundations. It may be under the Act of Uniformity also, but the particular power to which I refer is included in the special statutes of the foundations. Perhaps your Lordship would allow me to read the statute applicable to one case. With regard to the Hulsean pro- fessor, it is this : " It shall be competent to the Vice Chancellor, if at any time he shall see occasion to do so, to require the professor to subscribe to the three articles of the 36th Canon, in the form prescribed by the statutes of the University for candidates for degrees in Divinity ; and if, after three requisitions, the professor shall refuse so to subscribe, his professorship shall become ipso facto void." That is a statute which was made by the Commissioners under the recent University Commission for Mr. Hul&e's foundation, and a similar statute exists in other cases, I think. 2918. Is there a similar one with respect to the other Divinity professors? There is with regard to the Lady Margaret's professor. The three Regius Professorships of Divinity, Hebrew, and Greek are governed by common statutes, and the statute in question is one of these. With regard to the Norrisiau pro- fessor also, the same statute exists ; it applies only to the four professors of Divinity, and to the Professors of Greek and Hebrew, who are ex officio canons of Ely. 2919. Do you understand that that statute would be affected by the present Bill ? I should think not. 2920. But with respect to the other professors, there is no restraining power whatever? I do not know that there is any. 2921. With respect to the members of the Universities generally, is there any power of punishment for the expression of heterodox opinion ? I believe not. The only case in which I think there might be such a power would be with regard to preaching at St. Mary's before the University ; there is a statute in that case which requires that the preacher shall not impugn the doctrines of the Church of England, and that, being an offence against the statutes, might, I think, be investigated by the Vice Chancellor and the Sew viri. 3922. Is there any power in the Visitor of a college to restrain heterodox teaching on the part of tutors ? As far as I know there is not, but the Visitor's powers are large and undefined ; the Visitor in my own college has the power generally to reform and put right anything that he shall find amiss in the college, and 1 think it would depend upon the Visitor's interpretation, perhaps, whether he would interfere in a case of heterodox teaching. 2923. Is there any appeal from such action on the part of the Visitor ? No, except the Visitor has exceeded his power; then there would be, no doubt, a mandamus ; but if the Visitor has acted within the power which the statute gives him, there is no appeal. 2924. You are acquainted with the provisions of the Bill, are you not ? I am. 2925. What is your opinion with regard to its probable working in its present shape ? It appears to me that it will be most disastrous to the University and to the colleges in particular. It seems to me that it will in a great measure destroy, and render impossible, the very objects for which colleges were originally founded. 2926. What SELECT COMMITTER ON UNIVERSITY TESTS. 285 2926. What are those objects ? Rev The cultivation of religion and the pursuit of learning combined. E. Atkinson, d.d. 2927. In what way will it affect the cultivation of religion and learning ? Perhaps I should add the practice of religion al?o. It seems to me that it 1 7 t1» March 1 8 7 1 . will affect it in this way : gradually you will have fellows introduced (I think it must be so), who will be perfectly indifferent to religion, if not absolutely hostile to it. I think that as the Bill stands, it will lead first of all to controversies with regard to the maintenance of the service in the chapel, and I think that one may fear that it would lend to the discontinuance, in the fir>t place, of service in the chapei, and then gradually in course of time (of course this would take time, I do not think it would occur imme- diately) you would have most of the fellows, and the Master probably, indifferent to all these things. I think the tone of indifference to religion must necessarily become prevalent in the colleges and with regard even to morality I hardly know how a tutor would be justified in appealing to under- graduates en many points of morality, if they declared themselves to be infidels or to disregard Christianity, or the Bible altogether. I hardly see how you would be able to influence them. Of course you might use arbitrary power, and compel or expel them, but I think that a very mischievous way of governing. I think that it is something like what is dune in the military colleges, where you have no means of appealing to a sense of religion and to recognised principles not included in what is termed the code of honour. 2928. You think that now a tutor is justified in his conversation with an undergraduate in assuming that Christianity is true, which, under the altered condinons introduced by the Bill, he v ould not be justified in assuming? 1 think so. The way in which religious influence is at present most beneficially exercised is, I think, not so much by any instruction which is given, as by the private conversations and intercourse of the younger fellows and the officers of the college with the undergraduates. It has been so in my college to a very great extent, and the benefit done to the undergraduates in that way has been ex- tremely great. 2929. The introduction of a small number of fellows differing very widely in rebgious opinions from the others would have the effect, to a great extent, of banishing the subject of religion from the colleges, would it not? To seme extent it would. It is not Nonconformists that I should myself be afraid of, or persons zealous for religion in any form, but indifference and an absolute disbelief of Revelation. 2930. You think that the candidature of such persons is a serious danger? 1 do. 2931. Do you think that persons of that kind of feeling are on the increase among the undergraduates ? I think the undergraduates come up with unformed minds, and that they depend very much upon the sort of influences among which they are thrown. I think perhaps now more than in former times we have undergraduates who do not come up v ith definite religious opinions and with good religious instruction. These young men are very much at the mercy of the society in which they are thrown, and the influences under which they are bi ought. At present I think those influences are generally exercised for good, but 1 fear that it would not be so if the state of things which I apprehend under this Bill should come to pass. 2032 If there was a state of vehement controversy concerning the funda- mental doctrines of revealed religion, do you not think that it would generate, a good deal uould depend upon there being some one or more particular persons taking interest in the undergraduates to whom they might look up with respect as examples of a consistent religious life. Without that I think wch an effect might be produced ; but simply from controversy I should not th.nk they would be likely to grow indifferent. They must know, of course that in the world at large, the doctrines of religion, even the most fundamental ones, are controverted. 2cm If any school of unbelievers contrived to effect a lodgment in a college, (17.) N N 3 do 286 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. E. Atkinson, d.d. 17th March 1871. do you not think that their doctrines would have a certain amount of attraction for young men from their novelty and their boldness ? I think it must be so. 2934. And therefore they would have special facilities from the present character of college life, for proselytising r I think It would be so in my own college. 2949. What test have you at your college ? A fellow is required by the college statutes to declare himself a member of the Church of England, after his election to a fellowship, and by the Act of Uniformity he is required to subscribe in the Vice Chancellor's book a declaration that he will conform to the Liturgy of the Church of England. 2950. Lord Stanley of A/derley.~] It was lately stated at the London School Board, in the public discussions, that the Board was not Christian after the passing of this Bill in its present shape ; would not a similar statement be possible with tegard to the Universities ? I think it might be stated as regards the University, that it was not distinctively Christian as a corporation. 295!. On account of its prohibition of excluding anybody for not belonging to any particular church or denomination ? I think so ; but it would be a question how far the statutes which still recognise the Church of England as the religion of the University might be thought to qualify this conclusion so long as they remained unrepealed. 2952. There are certain subjects which are not allowed to be discussed in the debates at the Union. Are those subjects prohibited by any University regula- lations, or by the rules of the Union Club itself? They are only prohibited by the rules of the Union Club. 2952. Uo you think that this Bill would cause any change in the subjects debated there ? It might be so ; I may say with regard to the Union Club, that when subjects have been proposed for debate which have been thought objectionable, the Vice- Chancellor has in such cases sent for the president of the Union, and has remon- strated with him; I had to do it when I was Vice Chancellor, and there was a promise given that the subjects should be more formally considered by the Committee before they were sanctioned. I presume that the Vice Chancellor might continue to act in the same way, if he thought any subject proposed objectionable. 29,54. Lord Houghton.} If I am right, I believe that on that occasion imme- diate deference was shown to the opinion of the Vice Chancellor, and a promise made that such subjects should not again be introduced ? Yes, it was so; and, as far as I know, there has been 110 ground of complaint .since. 2955. Earl Stanhope.] What is the governing body of your colleger ■ The master and the whole of the fellows are the governing body. 2956'. How many fellows are there ? Eighteen. 2957. Who is the visitor ? t The. Chancellor of the University, agisted by two doctors of Divinity appointed (17.) n n 4 by 288 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. by the Senate. In the absence of the Chancellor the Vice Chancellor is con- E. Atkinson, d.d. gij ere( ] t exercise his visitorial power. 17th March 1871. 2958. Has that visitorial power in your time been ever or frequently exercised ? It was exercised three tinus while I was a fellow upon appeals from a portion of the fellows against acts of the late master ; one of these related to the adminis- tration of the college property, the other two to questions as to the forfeiture of a fellowship, and the propriety of declaring it. vacant; the master in one case having refused to do so, and in the other case having declared the fellowship vacant, against, the opinion of several of the fellows, who appealed in both cases a»ainst the master's decision to the Visitor. o 2959. It was not upon any question of doctrine ? It was rather of that character ; it was the case of a fellow who was elected to a professorship in St. Andrew's University in Scotland, and had subscribed a declaration of religious belief which professors in that University were required to subscribe. The question was, whether by that declaration he did not forfeit his fellowship, by ceasing to be a member of the Church of England. 2960. Probably, then, this declaration was in a Presbyterian sense, and as such was held to be inconsistent with the doctrines of the Church of England ? It was so held by the late master, but not by the fellows who appealed against his decision. The Visitor restored the fellow to his fellowship though no determination was gi\ en upon that particular point; the Visitor and his assessors ruling only that the master had no authority to declare the fellowship vacant. 2961. But supposing there were a wish on the part of the governing body of your college to alter the statutes, would the Visitor's consent be requisite r I do not think myself that it would be necessary ; we have no special statute upon the subject; it would be governed by the general clause in the'Cambridge University Act, which seems to give the College power to get the statutes altered, with the consent of the Queen in Council only ; no mention is made of the Visitor. 2962. Then what are the Visitor's powers ? The Visitor has po«er at any time he pleases to come to the college and to make inquiry as to how things are carried on, and to reform anything that is amiss there. He has power to do that not only when appealed to by members of the college, but at any time and without any such appeal if he thinks fit. 2963. Still he has no power to interfere with any proposed change in the statutes r As far as I know, he has not. I believe we should not think of asking his consent if we wished to alter one of the statutes. 2964. Has there been any change in the statutes since the University Com- mission ? Not in my own college. 296,5. In the event of the removal of the tests, should you think it very desirable that there should be a provision that by Act of Parliament there should be a religious service according to the rites of the Church of England in the college chapels day by day ? Yes, 1 should think it most desirable ; almost essential. 2966. Have you had Nonconforming members of your college ? We have had a few. 2967. Have you found any repugnance on their part to attend the college services ? Not to attend the week-day services. I may say that we have no general rule with regard to the exemption of any person from attendance at chapel ; but in the case of two Nonconformist members who entered not very long ago, their parents, at the lime of their entry, asked that they might be allowed to absent themselves from the Sunday services, and attend the chapels of their own denomination. The collene agreed to give that permission. Both the gentle- men in question are well-conducted and estimable men. They are perfectly regular in their attendance at the week-day services. 2968. Supposing the objection had been urged not by the parents or guar- dians of these young men, but by the young men themselves, on the ground of religious scruples, would you equally have yielded to the objection ? Not SELECT COMMITTEE ON UNIVERSITY TESTS. 289 Not without difficulty. I think we should have convinced ourselves that it Kmr. was a religious objection. E. Atkinson, p.d. 2969. If you had convinced yourselves that, the objection was valid, for »' th March l8? '• instance, if a young man had conformed to the Roman Catholic Church, should you equally have yielded ? I think we should not knowingly have admitted a young man who was a Roman Catholic, but if we had done so, of course it would be a question for the decision of a college meeting. We might request him to remove to some other college, or we might yield to his application ; I do not think we should like to compel him to attend the services of the Church of England. 2970. Have you had, practically, any cases before this where the objection to attend on religious grounds was urged not by a parent or guardian but by the young man himself? None. 2971. Therefore your answer is, of course, conjectural as to what the college might do in such a case ? It is only necessarily conjectural. 2972. Lord Lyveden7\ Have the religious tests which you are so anxious to maintain hitherto, excluded the religious indifference of which you are so much afraid? They have not. I may say, with reference to my own anxiety to maintain them, that in the present slate of opinion in the country, I do not wish to retain them absolute]} 7 . I think if you had a portion of the fellowships in every college open to persons who were not bound to take religious tests, the tests would be more effectual than they are at present ; there would be a sense of honour on the part of those who objected to them, which would prevent their taking them if they had the means of access to fellowships and emoluments without taking them. 2973. Then we are not to understand you as being decidedly opposed to the principle of the Bill which is now before the House of Lords ? Not in the present state of opinion in the country. 2974. Do you consider that the opinion of the country has been very much growing of late in a sense adverse to tests ? Yes, I do. 2975. And also in the University among the undergraduates ? I cannot well judge of this. 2976. When you stated that you considered that if there was no test to tell what religion a man was of, it would be difficult for a tutor to enforce doctrines of morality or to rebuke for immorality, is that opinion founded upon the notion that there is no foundation for morality without religion ? It is. 2977. You think that in consequence of the removal of religious tests, it would be impossible for any man to advise any young man to lead a moral life ? Not to advise any young man, because if you had a tutor who was known to be a churchman, or indeed a member of any religious body, parents who placed sons under his care would do so probably because they agreed with him generally in his religious views, and would of course state what they were themselves, and what their children were ; but I speak with reference to young men whom I suppose to belong to no religion and profess no religion. 2978. I think you have not stated any particular alterations you would suggest in this Bill in order to modify what you conceive to be the irreligious tendency of it ? I stated that I should desire to see the maintenance of the Church of England service in the chapels, the maintenance of the tests as regards the Heads, and a requirement that in every college there should be some tutor who was a church- man. 2970. Do you consider the attendance in chapel as a part of religious educa- tion, or merely as religious Observance ? , . , • • Both' ; I think generally that it is a religious observance, and also that it is a part of a religious education. (17 ) 2982. It 290 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 2982. Is it the habit in your college for tutors to comment or lecture upon E. A tkins on, d.d. ^ ne r eligious service the young men have attended ? 17th Mareh 1871. As far as I know it is not. 2981. Then it is rather a college institution for discipline than for religious education ? In lecturing upon the Greek Testament, I think there is an opportunity always afforded for bringing in instruction, botli with regard to the doctrines and the ritual of the Church of England. 2^82. Are the pupils ever invited to offer their observations upon the religious services of the day to the tutors ? I think not. 2983. Earl of HJorhy.] You attach very great importance, as I understand, to these tests in preventing infidel teaching, and you also say that it would in many cases almost abolish the obligation of residence^ Yes ; the entire abolition of tests would, in my opinion. 2984. Do you not think that the wishes of parents would have some effect upon the colleges, even if these tests were abolished ? No : I do not think they would have much effect. 2985. You think there would be no wish on the part of the tutors to keep up the number of undergraduates? There would be the wish undoubtedly, but each tut< r would only seek to give effect to it according to his own principles ; the wish would not. be strong enough to stifle these ; and besides, each tutor could only answer for himself, not for other fellows. A fellow of a college is always, to a certain extent, independent, and he would not be precluded from professing his opinions, or inculcating his opinions by any motive of that kind. 2986. Do you not attach considerable importance to the number of clerical fellowships there are? It is, as far as it goes, an important point. 2987. Would not that supply at least one or two tutors to every college at Cambridge ? It might do so if you could oblige the clerical fellows to reside, but there is no absolute obligation to reside, as far as I know. It varies in different colleges, but in my own college it is not practicable to compel them to reside. 2988. With regard to the present effect of tests, is not the feeling rather grow- ing up in the University of looking upon the Church of England as opposing, if I may so, through these tests, the merit of undergraduates who deserve to attain high positions which are closed to them by these tests? I have already said that. I do not object to opening up a portion of the fellow- ships to persons who do not take the tests ; I think that concession would quite obviate any feeling of the kind your Lordship refers to. 2989. You think there would be no feeling of the kind if a portion only of the fellowships was thrown open ? No doubt many persons would not be satisfied without an entire abolition of the tests, but I think the feeling would be, or at all events would have been some time ago, very much softened, or would perhaps have died away altogether, if such a concession had been made. 2990. Earl of Carnai von.} Do you attach any weight to a declaration which I think Sir Roundell Palmer proposed in the House of Commons to make obliga- tory upon all professors ; I do not know whether you remember the nature of the declaration ? I do remember it generally ; I do not attach much weight to it ; I can scarcely think that it would be effectual, and if it were effectual I think it might, in some respects, be mischievous. 2991. In what way would it be mischievous ? It would be considered that a professor had, as it were, his tongue tied, and was not at liberty to follow the truth wherever it led him. On the other hand, the way in which I would meet the difficulty would be hy removing all obliga- tion SELECT COMMITTEE ON UNIVERSITY TESTS. 291 tion to attend the lectures of any professor, and leaving it to the tutors to dis- r 6 t. courage attendance on lectures which were objectionable. ■& Atkinson, d.d. 2992. You would leave all professors, whether Divinity professors or others, 17th March 1871. still subject to the same obligations as at present exist, would you not ? " Divinity professors I would leave as at present; the other professors are merely subject to the obligation of declaring, when they are elected, that they will conform to the Liturgy of the Church of England ; they are under no further obligation or restriction. 2993. Lord Colchester.] Do you consider it at all practicable, as a safeguard against the operation of this Bill, to make any distinction, founded upon the dates of the college endowments ? I think that that is a principle which Parliament might well consider ; 1 think myself that the sense of injustice which seems to me natural when endowments of that sort are dealt with in violation of the wishes of the donors, must depend very much upon the date of the endowment, and the distinctness of the object for which the endowment was given. 2994. Do you not think that a distinction founded upon that difference might form a more definite and permanent principle than any other limitation of the object of the Bill, as being a principle more obviously intelligible perhaps to the public ? One great difficulty of doing full justice in this way seems to me to be this, that many of the founders who, if they had anticipated the possibility of any of their foundations being applied to any other purpose than one in connection with the Church of England, would have expressed themselves most strongly upon the subject, have really, never contemplating such a contingency, said nothing about it. 2995. But supposing the later colleges were exempted from the Bill with the endowments of late date in other colleges, which are very numerous, would not that rest upon a fair and definite principle, which, perhaps, would be admitted by those who would not admit anything else ? I should consider so myself, but I do not think it would be thought so by others. In my own college, I think, about half the endowments are since the commencement of the reign of Queen Elizabeth. 2996. Do you think it possible that there might be a wholesome and useful competition between the denominational and undenominational part of the Uni- versity, and that that might afford a valuable stimulus ? I should very much prefer having denominational colleges to throwing open all colleges in the way the Bill proposes. 2997. And then, I suppose, as you said in the other case, the test would be more binding and real than it is at present ? Yes. 2998. With regard to clerical fellowships, which you admitted might be some security, have you not any fear that the passing of this Bill may be a step to their total abolition t I have a serious fear of it. 2999. I suppose you think, when the principle of throwing the University open has been admitted, the clerical fellowships may be considered as condemned in many cases ? There has been strong feeling shown against them already. I quite think that the continuance of that restriction is very uncertain, even although sanctioned now. 3000. With regard to what you said as to the Union Club, was it usual to interfere with its discussions, except when it touched upon theological questions ? I think the question to which I referred was not a theological question ; it was rather a question connected with the discipline of the University. 3001. I suppose theological subjects are excluded from the debates at the Union? . . T As far as I know, theological subjects are not introduced at the Union, but 1 speak with a very imperfect knowledge. (!7) O O 2 3002 Have 292 MINUTES OF EVIDENCE TAKEN BEFORE THE j> tA _ 3002. Have you any fear that if there ceased to be one authorised religion at E. Atkinson, e.d. the University, those subjects might be brought under discussion ? , ~ T I think there would be a fear of that. 17th March 1871. — " 3003. Chairman^] Is there any other point you would desire to lay before the Committee ? I have nothing to add that, is of very great importance. I should like, however, to mention one matter simply with regard to college chapels. Some of the chapels have been built quite recently, and I should think the larger number of them date from modern times. My own college chapel is only about 100 years old, and was built entirely from voluntary contributions ; the whole fortune of one of our masters was left for the purpose; I think it would increase our feeling of hardship very much to have it applied to any other services than those of the Church of England. I may mention too that the whole of our present college buildings are subsequent to the reign of Charles I., and were erected principally from benefactions of members of the college and their friends. 3004. Have there been any colleges in Cambridge which have adopted the principle of a voluntary attendance at chapel ? I have not heard that there have been. 3005. Would your opinion be favourable to such a change ? It would not. 3006. You would think that that would have an injurious effect upon discipline and upon the attendance at the chapel ? I think there are many undergraduates who are really very glad to have a little compulsion exercised upon them. That was the case with myself. If no compulsion had been exercised upon me, I might have got into a way of neglecting chapel, but I feel very glad that there was that compulsion put upon me when I was an undergraduate, and I think that is the case with many. If it were left perfectly open to them as a voluntary matter, they would often neglect it, when they only require a little influence brought to bear upon them to induce them to attend regularly. Therefore, I should deprecate very strongly leaving the attend- ance at chapel perfectly open. 3007. Do you think that the feeling at the University is growing in favour of it ? I think many of the same persons who are in favour of the abolition of tests altogether would also wish to have the attendance at college chapel voluntary. 3008. Do you think that that feeling arises from the belief that the chapel would be equally well attended if the attendance were voluntary, or from an indifference to the subject of its attendance ? It would be very difficult for me to say. I scarcely can see how any person can think that the chapel would be so well attended, but I can conceive of per- sons thinking that attendance when compulsory was not desirable; that it was, in fact, perhaps not perfectly proper and reverential. I think that I have no right to attribute any other motives. 3009. You think the attendance at chapel would fall off very much if it were voluntary ? I have no doubt myself that it would. qo 1 0. Is there any other point you wish to refer to r I do not know that there is. The Witness is directed to withdraw. Adjourned to Tuesday next, at Tsvelve o'clock. SELECT COMMITTEE ON UNIVERSITY TESTS. 293 Die Martis, 21° Martii, 1871. LORDS PRESENT: Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon, Earl of Harrowby. Earl of Morley. Earl Beauchamp. Lord Colchester. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. Lord Hartismere. The MARQUESS OF SALISBURY in the Chair. Mr. HENRY STRANGE HUME, is called in ; and Examined, as follows: 3011. Chairman.'] Have you drawn up an analysis of the returns which Mr. H. S. H:i»ie, have been laid before this Committee ? I have. This (producing a Paper) is taken from the returns printed in the 2,st March l8 7 1 - Blue Book of last Session. ' 3012. It does not include the returns which have been laid before us since then? No. 3013. Will you hand it in? I will. (The same is delivered in. Vide Appendix.) The Witness is directed to withdraw. The Reverend BENJAMIN JOWETT, is called in ; and Examined, as follows : 3014. Earl of Morley.] I think you have seen the Bill which is now before Rev. B. Joviett. this House ? I have. 3015. Are you in favour of the entire abolition of tests from the Universities ? Yes. I am in favour of the entire abolition of tests. The Bill does not go to that length ; it excludes the Divinity Professors from its operation. 3016. And it leaves the heads of houses in the same condition as at present? Yes, nearly so ; because, with one or two exceptions, the headships of colleges are confined to clergymen. 3017. What do you consider to have been the effects of tests as they have been up to the present time enforced ? I think that they have not prevented very great divergencies of opinion from springing up; I do not think that if tests were abolished the differences of opinion would be greater than they are at present. 3018. In what spirit do you think that tests are, as a rule, taken ; are they taken as if they were a formal matter? I should not be willing to say that ; but they are taken in a very general (17.) 00 3 sense; 294 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. Jowett. sense ; in the most general sense possible, I think ; and yet, although there is this latitude in the mode in which tests are interpreted, they have the effect of ex- a 1st March 1871. c i uc ]ir)o- one-half of the nation from the Universities. While they admit every degree of divergence' of opinion which professes to be within the Church of England, they exclude anyone who professedly belongs to any other religious community. 3019. What effect do yon think the test has upon the opinion of the Uni- versity with regard to the Church of England ? I think that it has a very unfavourable effect, and that the-Church would be stionger without tests. 3020. You think that it causes the members of the University to look upon the Church of England as interposing a barrier to the promotion of merit r Yes, I think so. 3021. Do you think it has a bad effect, too, upon the religious tone of the University through its effect upon the Church of England ? I think that religion would be in a much more favourable position if it were entirely unprotected, if I may use such an expression. 3022. You would leave it to depend upon the general public opinion of the nation in a great measure, and also upon the general religious tone of the University ? I think that the only safeguards which are possible with reference to religion and religious opinion are, first of all, the general religious feeling of the com- munity, which is not likely to be greatly violated in the University — what society is, the University will be ; and, secondly, so far as we can hope to attain a higher tone, I think that must be the result of the personal influence of good and able men in the University. 301:3. You will be against any test whatever, however comprehensive, if I understand you rightly ? Yes, I am, because, however comprehensive tests may be, there are still persons who are excluded by them, and there is an ambiguity about their meaning. Supposing we require as a condition of becoming a teacher a declara- tion of the general faith of a Christian, still an ambiguity arises. There is a .difference of opinion amongst persons as to who are to be called Christians, and who are to be included. We are apt to speak of everybody as an infidel who does not agree with us, and we should have the old disputes revived. Is a Quaker, or is a Unitarian a Christian? Then, again, the Jew or free thinker would be excluded ; the Ultramontane admitted. Let me also put the case of particular scientific men who are not at all opposed to Christianity, but yet who might have a great objection to signing such a test, both on general grounds which would apply to signing any test whatever, and on particular grounds with reference to the sense in which the word " Christian" was employed. It is a very invidious thing to compel a conscientious man to say, " I am not aChristian, and 1 object to signing that test." I think you would find difficulties about a a comprehensive test. It goes upon the supposition that the Universities are divided into two great classes, one consisting of Christians and the other of infidels. That is not at all really the case. We shade off into one another, just as people do in society, by every degree of difference, and sometimes pass from one class to the other, and you would do harm if you introduced artificial distinctions which stereotyped us as Christians or non-Christians, just as you would if you introduced similar distinctions in society. 3024. You would attach no importance to the imposition of a kind of negative test? I think that it would have no positive effect in attaining the end for which it was intended, and that it would have some very bad effects. One effect, I think, which would obviously arise from its introduction, would be a great silence on the subject of religion, and upon all questions of opinion connected with it. An honourable person would say, " I have taken this test, and therefore the best thing I can do is to close my mouth. I will speak on history, I will speak on physical science, but about religion I will say nothing." I would submit that there cannot be a more unfavourable position for religious opinion than that of absolute silence and indifference to it. Anybody who takes any interest in such subjects SELECT COMMITTEE ON UNIVERSITY TESTS. 295 subjects knows that although there are difficulties about opinion and belief, they are nothing as compared with the difficulties which arise from indiffer- ence. 3025. And you do not anticipate that if these tests are abolished it will have any practical effect upon the religious teaching of the Universities ? No, I do not. 3026. Would you propose to abolish the tests even for Divinity professors? That is not included in this Bill ; but I should wish to abolish the tests even for Divinity professors. In the appointment of Divinity professors, I think the persons who appointed them would have a certain regard for public opinion, but the object in view is very ill-secured by tests. They appear to me to be useless and superfluous in the case of Divinity professors as well as other professors. 3027. You would leave them entirely free, would you? I should not bind a person by the obligation of a test. I should like to put before the Committee this consideration. Supposing you had one class of pro- fessors bound by tests ; for instance, supposing the Church of England Divinity professors were bound by tests and other Divinity professors were not bound by tests, which do you suppose would have the greater authority and weight; the persons who were free to speak what they thought or the persons who were obliged to speak within a certain limit? Of the latter a great suspicion would arise that they said not what they thought, but what they were compelled by the test to say. 3028. Would it not be difficult, however, to have Divinity professors without any distinctive Divinity which they were to teach ? I have not said that the Divinity professors should not have any distinctive character, but that the distinctive character should not be defined or enforced by tests. 3029. You would leave it to the effect of public opinion npon the pro- fessors ? I should leave it to the persons who appointed them. 3030. Do you consider that the clerical fellowships act in any manner as a safeguard to religious teaching in the University ? No, I think not at all. The clerical fellowships are open to great objections ; in the first place you are compelled to elect an inferior man, because he happens to be in orders/or because he expresses a willingness to take orders, and you reject superior men. That has a bad effect in many ways, hi the colleges you have thus two classes of persons; one who are elected for merit, and another who are only half elected for merit, that is to say, they are elected for merit, combined with the condition of going into orders ; and they have an equal vote at elections, and an equal voice in the education of the college. -Again, it is difficult, in any case, to get a good tutor in a college, and if you are obliged to add the further condition that you can only take a person in orders, the difficulty is greatly increased. With regard to the Church of Eng- land also, I think the clerical fellowships have the worst effect. Men constantly go into orders, or profess their willingness to go into orders, for the sake of obtaining a fellowship. I know instances of men who have done so, and of men who have stood for clerical fellowships, and not afterwards gone into orders because they did not get a clerical fellowship, I think that the effect of clerical fellowships is injurious, both upon the minds of the electors and upon the minds of the candidates ; and I also think that the injury to the Church is very great in another way, for no religious society is really benefited by holding an invidious position. 3031. You are aware that the clerical fellowships are not affected by the Bill before us now ? . , . , Yes, I am aware of that ; but I understood your Lordship s question to be, whether they had any good religious influence. My answer is, 1 think they have none at all. 9032 As to the chapel services, in the case of the abolition of tests, I under- ?YJ^ OO4 stand Rev. B, Jowett. 2 1st March 1871. 296 MINUTES OF EVIDENCE TAKEN BEFORE THE JRer. B. Joivelt. stand you to say that you do not consider that the religious education of t h aist March 1871. University will be affected? That is my opinion. 3033. Do you think that the maintenance of Divine Service in the chapels would be affected by it ? I think not; but I see no objection to maintaining that service by law while the Church of England remains established. We sometimes hear now of the Church of England being disestablished, but whilst the Church of England remains established, I see no objection to the maintenance of the chapel services by law. I should confine the requirement to Sundays, because I think that there is a great advantage in being able to alter or shorten the service on week days. 3034. This Act repeals a section of the Act of Uniformity, but that section of the Act of Uniformity has only a negative effect. It provides that no service except the service of the Church of England should be performed in the college chapels ? Yes. 3035. Would you have a more positive enactment than that, or would you simply not repeal that section of the Act of Uniformity ? I think it would be quite sufficient if you did not repeal that section. It is extremely unlikely that there would be no service in the college chapels, but I see no objection to putting in a positive enactment requiring a Church of England service, if that is desired. 3036. You know the fourth clause of this Bill, do you not ? Yes. 3037. Do you think that that would be likely to have a good effect upon the maintenance of religious instruction and worship ? It seems to me to depend upon the meaning of the words, " lawfully es- tablished." 303S. That relates to the statutes of the different colleges, I believe? As far as the statutes of the colleges are concerned, you may expect to find the services in the college chapels maintained in such a manner as they are likely to be maintained by a body of persons, the majority of whom for a long time to come will probably be members of the Church of England. I think you may very safely trust to them, but I believe your Lordship spoke also of enforcing the maintenance of religious worship by some general measure. 3039. I did. Do you anticipate that if tests are abolished you would get, especially in the smaller colleges, a society consisting of persons of so many different denominations that it would be impossible to keep up any kind of religious teaching or worship, their views being so conflicting that they could not agree upon any particular form ? No, I do not anticipate that; I think that difficulties of this sort would disappear in practice. 1 think that the case of a college is very much like that of persons meeting on a school board. Sensible people feel at once, under such circumstances, that what they have to do is not to enforce their own peculiar religious opinions, whatever they may be, but to do the best they can for the young persons who are brought under their care ; and I do not imagine, as I think I implied in a previous answer, that the divergence would be much greater if the Bill were passed than it is at present ; but even if it were, I should not expect that persons in authority would be attempting to enforce their own individual opinions irrespective of their duties to the younger persons who were placed under them. 3040. Do you think that the removal of all tests from the teachers of the dif- ferent collegt s who now give the religious instruction would cause alarm to any large portion of the public who now send their sons to Oxford and Cambridge ? It is very difficult to say what will and what will not cause alarm ; but I should imagine that they would find the colleges remaining in very much the same state as they were before, and consequently no alarm would be likely to be felt. I have not heard of anything of the kind. 3041. I should like to ask you one or two questions upon the working of the Oxford SELECT COMMITTEE ON UNIVERSITY TESTS. 297 Oxford studies, especially in connection with the Final Classical School. We have Rev. B. Jonttt. had a good deal of evidence as to the deleterious effect of that philosophical 2 istMarcii 18-1 teaching, and we have heard it called a one-sided teaching of philosophy. Do S ''* you consider that of late years the increase of philosophical teaching has produced a great looseness and laxness of belief? 1 do not think so. Charges of this sort are very easily made and are very difficult to rebut, but I would put the matter to one or two" tests. If anyone will read over the questions which are asked (and they are all printed) in the Oxford philosophical schools, I do not think he will find a trace of anything tending to infidelity or to any particular opinion. We know that there are persons who will speak of Locke as tending to infidelity. The same maybe said of Bacon and almost every philosopher, and it is possible that in that general sense the Oxford schools, like all philosophy, may tend, I will not say to infidelity, but to something opposed to the opinion of the person who makes the charge. In the same sense you might say that all physical science tends to materialism. In certain minds and in certain cases perhaps it does, but that is not a fair charge to bring against physical science. Let me offer another illustration : this is a charge now brought against the Oxford schools; but if you look back for 30 or 40 years, you will find that the papers had then a somewhat different, and as it appears to me a narrower, character. They were very much confined to Bishop Butler, and the connection of Bishop Butler with Aristotle, which is an imaginary thing, really. But what I was going to remark is that a number of the persons who went over to the Church of Rome were very largely trained in Bishop Butler. You see it in their writings ; but it would be very unfair to say that Butler tended to Popery upon that ground ; and I think that argument applies to the same kind of charge which is now made against the Oxford schools. If anyone will look carefully over the papers, as I have done, I think he will not find a trace of anything that can be said to tend to one view of religion more than another. It is impossible to say what the remote effects of any philosophy may be. Meta- physical philosophy is a considerable power in the world, and criticism, again, is a power in the world, and I cannot tell what effect reading books like Niebuhr, and Grote, or Mr. Mill's Logic may have had upon some minds. But it would be quite ridiculous, in any enlightened sj stern of education, to banish all these books on the ground that the principles contained in them might be applied in another sphere of study. You cannot convert Oxford into a seminary for Catholic priests in which all disturbing influences are kept out of the student's reach. And, as a fact, I do not think it is at all true that the state of Oxford is a state of scepticism or infidelity. As far as I have observed, it is very much like the rest of society in that respect. What you should compave Oxford with is, not the opinions of particular individuals or parties in the Church, but you should compare it with the newspapers, and with the tone of society, with the books which are in the hands of everybody. That is thefair comparison ; and, tried by that test, I believe you would find Oxford to have less tendency to scepticism and infidelity than the greater part of the world. 3042. Is it true that there is a great deal of German philosophy now taught at Oxford, if not directly, yet filtering through the studies in preparation for the Final Schools? German philosophy is such a general name that I hardly know how to reply to the question. There are all kinds of things which may be called German philosophy, having the most various tendencies I should be very sorry if there were not some knowledge of German philosophy at Oxford. There seems to be too little study of German, rather than too much, at Oxford. Very few persons read German books. I have no doubt that there has been an interest about German philosophy, and about Hegel in particular, just as there has been an interest about a great many other things; but it would be a great mistake to look upon the philosophy of Hegel as a mere infidel philosophy. He was or believed himself to be, a Conservative both m religion and politics. There are all sorts of persons, from the most extreme of orthodoxy to the most extreme of the opposite view, who have professed themselves disciples of Hegel. And it does not at all follow that because persons read Hegel they share all his opinions, even supposing him to be of a different character from what 1 am desorihinV Thev read the book as avaluable work on Logic, in lact. So 070 Pp again 298 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. Jowett. 2 1st March 1871. again with respect to Mr. Mill's Logic. Without expressing anything but the greatest respect for Mr. Mill, it would be ridiculous to suppose thai the persons who read about the syllogism, and the proposition, and the experimental methods in Mr. Mill's Lo^ic share all his opinions. The book has forced its way because it is the best and most available English treatise on Logic. 3043. Do yon think that if the study of the very highest branches of learning is encouraged at the University, it is impossible to exclude any particular class of authors from the attention of the students ? I think not. 3044. With regard to the present state of Oxford as compared with the past, I understand you to say that you do not consider that the spirit of scepticism has gained ground ? No ;1 should say that both extremes of opinion, the extravagances on both sides, have rather gone back in the last five or six years. 3045. To what do you attribute that going back ; to any special cause ? I do not think J could very well fix a cause for it. There are times when opinions make way, and there are other times when they do not ; perhaps the influence of some particular person may have something to do with it. 3046. Then I understand you to say, that if these tests are abolished, you do not anticipate any great increase of scepticism, because I imagine that these tests do not at all affect the teaching in the Final Schools, do they ? Not at all, J should think. 3047. And the safeguard you would propose, would be the maintenance of the chapel services as at present on the Sundays ; would you make any further pro- vision or safeguard for the teaching and religious education ? I have already said that I think the only real safeguard is, first, public opinion ; the level of religious opinion in society ; and secondly, the influence of good men. It appears to me that what can be done beyond that is comparatively trifling ; but I think it would be quite right to retain the chapel services. With respect to making provision for religious instruction, I think you will do more harm than good in attempting it. Let us consider the different plans which might be pro- posed for accomplishing that object. You might require, by Act of Parliament, that there should be a Divinity lecture in each college ; but I think you had much better leave that to the college itself. You can only enforce a minimum, and if you do that, you are most likely to minimise the amount of religious instruction, whereas, on the other hand, it is not likely that the colleges will neglect so important an influence as religion in education. 3048. I suppose the wishes of parents would have some effect upon the teach- ing given at colleges, because there would be a desire to keep up the numbers of the undergraduates ? Yes, and I hope there would be better motives than that also. 3049. Chairman.] 1 did not quite understand what view you took with respect to the Divinity professors ; are they to be of all religions, or only of one? I did not say that they were either to be of all religions or only of one, but what I said was, that I thought it was not desirable to impose tests on the Divinity professors. In a Church of Eugland University for Church of England students, no doubt the professor appointed would be a clergyman of the Church of England, but I do not think it is desirable to enforce that by any test to be imposed upon him. 3050. It is not the result, but the instrument, to which you object? Yes, it is the instrument. 3051 . I think you used the words, " Church of England University " ; do you recognise the University as being Church of England by right as well as by fact } No ; I think that while the Church of England was the Church of the whole nation, it was reasonable that the Universities should be Church of England, but now that the Church of England is only the Church of half the nation, I think it is very unreasonable that the rest of the nation should be excluded. Perhaps your SELECT COMMITTEE ON UNIVERSITY TESTS. 299 your Lordship will allow me to make a slight correction in the words I used Rer. B. Jowett. just now. I meant to say the Divinity professors for Church of England Students. 21st March 1871. 3052. If it is unreasonable that the Universities should be exclusively Church of England, it, would be equally unreasonable to suppose that the Divinity pro- fessors should be exclusively Church of England, would it not ? No. I do not think that the inference holds ; I think it is quite possible to have Divinity teachers for the Church of England students, and Divinity teachers for Dissenting students, and, perhaps, Divinity teachers for Roman Catholic students, in the University. 30.53. Then it does rather come to that, you would have Divinity teachers of as many religious bodies as there were pupils to attend them ? Yes. 3054. How would you propose that the persons appointing those Divinity professors should ascertain the nature of the doctrines that they were prepared to teach ? By the general repute of the persons who were appointed. 3055. Not by any questions asked of the persons themselves ? Not by any questions asked of the persons themselves. 305G. Nor by any promises taken from the persons themselves ? No. 3057. And when the persons were once appointed, I suppose you would not think it right that they should be liable to deprivation or supervision, if they taught differently from what was expected of them ? I should leave that to the different sects to arrange for themselves. 3058. You would have no objection to the sects, then, imposing a penal pro- hibition upon the Divinity professors ? There is a good deal of difficulty about subjects of this kind. I am not pre- pared to solve it. I would rather say generally, that while there are Divinity students of different religions there must be Divinity professors of different religions ; but I should leave to the different religious bodies both the mode of appointing them and the mode of removing them. 3059. Then in some way or other you would organise the different religious bodies for that purpose ? I do not think it would be necessary for the University to do that. I think that they would organise themselves. 3060. Then you contemplate the Divinity professors not being supported in any way out of any funds at the command of any University or college, or out of any endowment ? No; I think I have said nothing that would imply that. I imagine they would retain the endowments they have at present. 3061. Some one authorised by law must appoint to the endowments? In that case, with respect to the Church of England, I would leave them as they are at present ; the greater part are appointed by the Crown, and some by the Universities, or by bodies within the Universities. 3062. But if they are appointed by the University, and the University becomes what in theory, you hold it ought to be, the representative of a nation, which is equally divided into Church and no Church, the Divinity professors would not constantly remain members of the Church of England? For the next century, probably, the large majority will belong to the Church of England- so I do not think that that difficulty is really a practical one; and, as far as I can see, it would only apply at all to one of the professors. 3063. The Margaret professor ? . No, not the Margaret professor; the Margaret professor is elected by clergymen. 3664. He is onlv elected by Bachelors of Divinity, I think ? They must be clergymen. ^ ^ ^ ^ ^ \*7 •) 300 MINUTES OF EVIDENCE TAKEN BEFORE THE Kev. U. Joa-ett. 3065. Not under this Bill, I think. However, speaking generally, your view - — ■• would be that the nature of the doctrine taught by those Divinity professors 21st March 1871. should depend upon the predominance of opinion in the body which elected them ? This is a very difficult subject ; I will tell you as nearly as I can what I think. I think it would be much better if Divinity were altogether free, and if there were no such divisions of opinion as exist at present, if facts and opinions in theology could be examined like other facts and opinions. But in the present state of this country, I might say of the Christian world, that ap- pears to me to be impossible ; and, therefore, though I do not think it the very best thing, I should be willing that the Divinity professors should be appointed by the several bodies of Christians. 3066. But your view, looking to a higher ideal, would be that a man should examine theology as he would any experimental science, and teach his pupils such theories and views as might occur to him in consequence of that ex- amination ? I should object to the comparison with experimental science, because you must allow for a great difference in the nature of the subject-matter. 3067. But you would hold that there was no objection to a teacher of theology indulging any amount of individuality or eccentricity in the doctrines that he taught, any more than you would in the case of any other science, so that they were the result of a careful examination and a conscientious desire for truth? I should hold that there was the greatest objection to eccentricity in all cases. 3068. I will say departure from conventional and ordinary standards? It would depend upon how far it was a nearer approach to the truth or not, I think. 3069. I understand you, without accepting any standard of external truth on their behalf, to wish to give them the utmost latitude and freedom ? I think that the true principle would be to give them latitude and freedom; at the same time a man is very responsible for the conclusion he comes to, and for what he teaches. 3070. But I understood that that opinion of yours adapted itself to another opinion which you stated in your examination in chief, which was, that the authority of a teacher over those whom he was teaching depended almost entirely upon their belief in his perfect freedom in the utterance of the opinions which he held ? No, I do not think I said that or anything quite like ir. What I said was, that I thought, that anybody who was bound by a test would be at a very great disad- vantage in point of authority ; but I did not mean to say that mere freedom would give him weight or respect. Nobody values less than I do the mere power of saying what you please whether you are fit to say it or not. 3071. Your view is that, other things being equal, a person free from any pledge would have much greater weight than a person who was not free ? That I did mean to say; but that is quite a different thing. 3072. Would you not think that that must go a great deal further than the Universities, and apply to the clergy also ? I hesitate to answer these questions, because, though I am very glad to give my opinion, they are very difficult questions to answer off-hand, and I do not quite see, if 1 may be allowed to say so, how they bear upon the question about which 1 am examined. I do not mean any disrespect to the Committee; but the truth is that these questions are very difficult to answer off-hand without consideration. I would wish to say shortly, in answer to your Lordship's ques- tion, that I do think it would be desirable that tests should be abolished for the clergy as w ell as for the Universities. 3073. I have no wish to ask you any questions which may seem to you irrelevant ; but you will see that you and others are urging very great changes upon the ground of broad general views, and, of course, before those broad general views can form a ground for legislative action, it is necessary that we should ascertain how far, and in what direction, they will carry us ? Very well ; I will not object to 3 our Lordship asking what you think proper. 3074. I wish SELECT COMMITTEE ON UNIVERSITY TESTS. 301 3074. . I wish to ask you again with reference to the clergy •, I think on e of the Rev. B Jwtu clerical felfowshTT? ° Xf ° rd t0 ^^ ^ t0 ° k ** St, "°^ eSt ° bjeCti ° n W3S the Yes. 6 ° WS 1PS ' 21st March 1871- 3075- And one of the grounds on which you stated that objection was, that persons were induced to take orders for the sake of obtaining clerical fellowships who would not otherwise have taken orders ? Yes. 3076. Do you not think that that objection applies to any other system upon which the clergy are remunerated ? " It does. 3077. There must be many persons who take orders for the sake of livings who otherwise would not take orders ? It is a matter of degree, I think. What your Lordship says is quite true. I have very little doubt that that has the same bad effect. Many a man has taken orders because he has had a living waiting for him ; we must be all familiar with that fact ; and I think that that is an equally bad thing. 3078. You would not on that account refuse to accept the principle that they who minister at the Altar shall live by the Altar ? Certainly not. 3079. Do you not think that one of the remunerations of the clergy may fairly be derived from fellowships attached to colleges, supposing that the money corned from persons who %vish it to be so disposed of? The restriction of fellowships to clergymen presents a very direct temptation, to which I admit that livings may sometimes offer a parallel, but it has other evils besides. You appoint a man of inferior merit instead of a man of superior merit, because he is willing to go into orders, and that is an evil which does not apply to livings equally. 3080. Do you look upon clerical fellowships as an evil absolutely or compara- tively ; I mean, would you rather that a man having money to leave should not leave it to a college at all, or that he should leave it in the shape of a clerical fellowship r I would rather that he would not leave it to a college at all, than leave it hampered by any kind of restriction, clerical or otherwise distinct from the main purpose of the college. 3081. You do not think that the promoting of religious belief in any form is an end to which the machinery of colleges ought to be applied ? Not the promoting of particular religious belief. Religion is a very important element of education, and I do not wish to see it diminished in the colleges, but I do not think you are at all likely to be successful in promoting it by confining endowments to one particular form of religious opinion, or to the teach- ing of religion generally. 3082. Would you forbid by legislation the application of any funds to the teaching of religion generally in the Universities ? No, I should not, any more than I should wish to prevent by law property being left for other purposes to which it would be very undesirable that it should be left. 3083. Still you regard it as highly inexpedient that property should be left for the purpose of teaching religion in the University? Yes, I do ; but there are a great many other things which are inexpedient, which I should not wish to prohibit by law. 3084. Therefore you would not wish to prohibit in any way denominational colleges ? I do not think them desirable, but I should not wish to prohibit them. 3085. Not having prohibited them, would you, when they were founded, take their property and make them undenominational r No. (17.) "3 3086. At 302 MINUTES OF EVIDENCE TAKEN BEFORE THE Rer. B. Jowett. proce 2Ui March 1871. 3086. At what date in the future would you think it right to begin that )C£SS ? The time fixed by the Oxford University Commissioners for changing the destination of property was, I think, 50 years after the foundation. I should wish to follow the precedent which they have set. 3087. Then you would go upon the broad general principle that all property left l>y testators for public objects, whether religious or not, should be subject to be appropriated to such purposes as Parliament might think fit when the testator had been dead 50 years ? I am speaking of the question as a matter of general political principle ; at the same time it might be very undesirable to make any change by legislation in the destination of property. 3088. You would not, I mean, select religion, or amongst religions the religion of the Church of England particularly, as the special subject of that operation. You would apply the principle to all objects to which testators could leave their money ? Yes. 3089. And you would claim to deal as freely with Nonconformist endowments as with Church of England endowments ? Yes. 3090. Then your objection generally to all this machinery for producing religious teaching may be summarised thus, may it not, that you do not wish for religious teaching in the University ? No ; I wish that religious teaching should exist in the University, and that religious influences should exist there, but I think that you are not likely to obtain them in the best manner, or in the greatest degree, by tests, or by con- fining endowments to the encouragement of them. 3091. Did not I understand you to say that you objected to any money being applied to the teaching of religion in the University ? That is what I mean in the answer which I have just given. 3092. If I understand your doctrine rightly, it is that you wish that religion should be taught in the University, but that you do not wish that any provision for that purpose should be made ? Yes, that is what I meant to say, but I would put it in rather a different way. I wish that religious teaching should exist in the University; but 1 do not wish religious endowments to be appropriated to it simply. My reason for not wish- ing religious endowments to be appropriated to it is because J think that is the least likely way to encourage it, and the worst way of promoting it. 3093. You would prefer that it should be taught without paying any person to teach it? Not without any person being paid to teach it. That is not what I said. I said without any endowment being specially confined to it. 3094. Any payments which are made for the teaching of religion in the Uni- versity must come from living persons ? I presume your Lordship is speaking of the Divinity professors. 309,5. I speak of any teaching of religion in the University ? In order to prevent misunderstanding, I should wish to explain the state of matters which exists at present. There are the Divinity professors, on whose lectures candidates for orders are compelled to attend, and besides that, there are the tutors of the colleges in the University who teach Divinity. The first are already furnished with endowments, and I have said that I do not propose to touch those. With respect to the second, I think it is better that they should be paid out of the general tutorial fund of the college, as they are at present, than that any special endowment should be set apart for them. 3096. The result of that, of course, would be that they would be paid without reference to the kind of religious teaching which they might give? They would be paid with reference to what the governing body, chiefly con- sisting of members of the Church of England, thought to be their duty with reference to the undergraduates. 3097. How SELECT COMMITTEE ON" UNIVERSITY TESTS. 303 3097. How do you know that they would be chiefly members of the Church Bev. B. Jowett. of England 1 I think there is very little reason to suppose, in the present state of education, 218t March 1871. that Dissenters or persons of other opinions would form a majority either of the ' University or of any of the colleges. What we have to consider is, what will probably be the general state of the University. 3098. But still I understand yon, that desiring, as most of the parents in England do desire, that there should be religious influences in the University, you do not wish that any special arrangements involving pecuniary payments should be made for the teaching of any religious belief ? Not exactly so. I have said 1 think that it is desirable that special arrange- ments should be made ; but that they should be made by the colleges themselves, or by the University itself, and not maintained by the appropriation of any new endowments to them, and not enforced by Act of Parliament. 3099. Lord Stanley of Alder ley.] You said truly just now, that the charge against physical science of tending to materialism would be false ; could the same thing be said with regard to teachers who might twist the teaching of physical science when they were no longer held under restrictions by the University? Yes, I think so. The ground I have for giving you an answer to that question, is by taking the cases of universities or institutions where there are no tests. There are the London Institution, the Royal Institution, and other places, where professors are bound by no tests ; but I never heard of their going out of their way to attack either religion or the Church of England. 3100. Is not the difference between the University and the London Institution, that the one addresses grown men, and the other addresses persons in statu jpupilari ? 1 think I might answer that question by saying that the one addresses ladies, and the other does not. 3101. The conduct of some of the Oxford examiners has been incriminated before this Committee for examining in Hegel : would not the same objection apply to examiners in science, who should examine in Darwin and his school, instead of in the Bridgewater Treatises, which show the evidences of design ? I do not consider that it would be any crime if an examiner at Oxford had examined in Hegel, but 1 never heard of and know nothing about anybody examining in Hegel, nor do I find a trace of any such questions in any of those examination papers which I was looking over yesterday. 3102. Chairman.] Does that apply equally to the college examinations for fellowships ; is there any examination in German philosophy for them : Does your Lordship mean to ask whether no question is ever asked about German philosophy r 3103. I did not mean that, but is it not a general subject of examination ? No, not as a distinct subject ; not in the same sense, for instance, in which Greek philosophy is a subject of examination. 3104 Lord Stanley of Alderley."\ I think you admitted that you would wish denominational endowments or endowments, established for a specific purpose, by bequest or gift recently, to be exempted from the operation of this Act? There is no idea, I think, on the part of anybody, of including them. 3105. Chairman.] Keble College is within the Act ? _ . . , There is no idea of taking from such endowments their denominational character. 3106. Lord Stanley of Alderley.] The Smith's prize at Cambridge, for example was only founded 100 years ago ; do 3 ou admit that these endowments should be exempted from the operation of the Act, and that tney should be protected and maintained as applicable to the objects for which their testators or founders m twrsh t the I denominational colleges should be fully protected in their denomi- national purpose, but I do not think it is necessary to do that by alio wmg them to impose tests. I should not allow them to impose tests. I did not catch the meaning of your Lordship's question at first. I think the founders of denomi- national colleges, by the machinery of trustees, by placing them in the hands of (17^ p p 4 persons 304 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. Joixett. 2ifct March 1871. persons in whom they have confidence, can abundantly provide if they wish to do so, for maintaining their own opinions if that is a desirable thing ; but I should not allow them to do it by imposing tests. 3107. Does not a confusion of ideas as to right and wrong, and meum and tuum, do more harm to the undergraduates than the occasional sight of the supposed hardship of a Jew being excluded from a competition for Christian endow- ments I I do not consider that to alter the disposition of property by Act of Parlia- ment involves any confusion of ideas as to meum and tuum at all, provided sufficient reason is shown for it. 3108. Is not the apparent hardship of so being excluded lessened by the fact that it is opened to any Jews, Parsees, or others, to establish scholarships or to open colleges for their co-religionists in either Oxford or Cambridge? It may be so. 3109. Are you aware that attempts have been made, some with and others without success, by the Civil Government in British India to appropriate the foundations of other religions to Christian education ; will not such attempts be encouraged by the attempt to divert Christian endowments to those who are hostile to all religion ? That is a very wide question. 3110. Earl of Harrowby.\ I think you seemed to have no objection to securi- ties being taken for the continuance of a religious character in the teaching of a college in itself, but you objected to the particular mode of securing it by a test ? I object to the particular mode of securing it by a test. 3111. The mode of securing it which you would contemplate as a substitute is public opinion, is it not ? Yes. 3112.J Do you believe that public opinion, although it might act upon the whole body of a University, is sufficiently powerful in small communities con- sisting of half-a-dozen or a dozen people living habitually together, and whose acts are not very much submitted to public scrutiny ? I think that it would have considerable weight, and that it is the best security you can get. 3113. Would you have an objection to there being any requirement or any pointing out of the qualification to the electors which you expect them to regard in the elections to fellowships? That would mean, that they should elect to fellowships not purely according to merit, if I understand your Lordship rightly, but with reference to religion or to religious character. 3"4 before '' No. Chairman.] Have you any objection to inserting the word " literary " merit "? 3115. Earl of Harrowby.~\ You conceive that the election to the government of a college should depend entirely upon success at the age of 22 or 23 in the literary career which was pointed out for the education at a college ? Yes ; I think that that is the system which is least liable to abuse, and most likely to succeed in the long mn. You will get some persons who are not fit, or at all events who are not the best -persons you could have; not so good as you could have if you supposed some wise man who had a great knowledge of the world and of mankind selecting them, perhaps; but, upon the whole, you will get a much better governing body in that way than in any other; and I may mention that I can see the effects of that already at Oxford in the great improvement which has taken place in education, and the greater care and attention to the under- graduates, and the better teaching in the colleges, since the colleges have been thrown open. 3 n °\ For instance, supposing there are two persons, one professing anti- Christian views, and the other not, you see no objection in an elector saying, I prefer the one for the education of the youth who are put into my charge who Jias Christian views, to the one who has the reverse, although the one who has the reverse SELECT COMMITTEE ON UNIVERSITY TESTS. 305 reverse may have proved that he was a deeper Greek scholar than the other. Rev. B. Jowett. Should you see any objection to that element entering; into an elector's consider- ,; — r , atiou in the choice of a tutor for a college ? 8l8 t March 1 7 I should see great objection to that element entering into the elections to. fellowships, because, though I should wish the fellows of a college to be a Christian body, that opens the door to abuse. Let me observe two or three things about it. In the first place, young men are not so divided at the age of 22 or 23, that you can tell who is Christian and who is un-Christian amongst them. If you admit the consideration of requiring a person to be a Christian, it carries you much further than you intend. It brings into operation much stronger motives than the interest of Christianity, namely, party feeling as between High Church, Low Church, and Broad Church. You are constantly liable to have a man elected because he is a high churchman, if the majority of the electors are high churchmen, and because he is a low churchman if the majority are low churchmen. Merely social considerations, as well as party ones, may sometimes enter in. In that way you take away all confidence in the election. I do not deny that, upon the present system, you may occasionally get a man who is out of harmony with the place, but I think the evil of that is much less than the evil of the system which your Lordship suggests. 3117. How do you think a parent would look at it himself, in the choice of a tutor for his own son ; would he, of necessity, choose the best Greek scholar, or would he choose a man who was a good Greek scholar, and at the same time of good moral and religious character ? I think the tutors of colleges will generally be men in whose moral and religious character parents may have confidence. 3118. Is that secured merely by their literary qualities? It is secured by their literary qualities, and the influences of the place, and many things. I think that a parent generally will not, as far as my experience goes, enter nicely into the religious opinions of the tutor of a college, but he will choose the man who he thinks will be most careful and attentive about his son, and take the most pains with him. 3119. Would you abolish that clause in the statutes, which says that in an election the electors ought to take into consideration the man who is fittest, amongst other qualities, for the place, as a place of religion as well as of education ? No, I do not. wish to abolish that clause in the statutes, but I think in prac- tice it has been found that we have elected at Oxford almost uniformly, and with very slight exceptions, by merit. 3120. By merit proved in the schools ? By merit proved in the examination for the fellowship. 3121. I think the tendency of your mind would be against all religious endowments ; you would think that the religious teachers should depend upon the support of' the professors from time to time of the different religious creeds ; that would be the tendency of your line of thought, would it not t I think that the best way of supporting both religious teachers and all other- teachers, is to make them partly dependent on their pupils or congregations, and partly independent of them. 3122 You would feel that there would be a security where men were depen- dent upon the support of religious bodies from time to time for their religious character, which is not given where they have to be appointed to endowments < qi2-^ Supposing you had a number of teachers of divinity, or theology, or religion, or whatever it may be called, not supported by endowments, but simply supported from time to time by those persons who professed the different profes- sions of faith, would there not be a temptation among the subscribers to choose a man not simply from his literary qualifications but from his accordance with them in religious opinion, and from his general religious character ? Your Lordship means that, owing to those causes, a person would be appointed who would not be a suitable teacher in point of literary qualifications. 1 think there is that temptation. ( 17> ) Qd 3124. A person 306 MINUTES OF EVIDENCE TAKEN BEFORE -THE 31it March 1871. R«t. B. Jowett. 3124. A person who would not have the highest qualities of a literary teacher, but would have those which would be, perhaps, more important in the minds of the subscribers, namely, an agreement in religious opinion with themselves, or eminence of religious character ? Two things occur to me with reference to that. In the first place, I do not think it would be desirable for a professor of Divinity to be dependent entirely upon the subscriptions of some religious body; and, secondly, that the religious bodies would find it very important to chuose able men ; and that they would not think it a sufficient qualification for a Divinity professor that he was a religious man simply, because they would find that he had no influence, and did nothing with his pupils. 3125. Have there not been instances, in not very remote times certainly, where a man was removed from his fellowship though he was of the highest qualifications, because his opinions were not considered orthodox by those who managed the college. I refer particularly to Dr. Davidson ? Yes ; and I should think that the managers of the college acted very unwisely in removing Dr. Davidson. 3126. You think it was very unwise to remove a man whose religious opinions they did not think were safe and sound ? Yes, in that instance. 3127. You think it would have been better for them to have gone on encou- raging and supporting a man who was what they considered unsound in religion ? I think it would be better for any religious body to tolerate within their body a good deal of difference from their o^n views ; and so far as I could have any opinion about them from a slight knowledge, I think the Dissenting bodies- would gain very much by allowing the same toleration which appears to exist in the Church of England. 3128. Earl Stanhope.} I think I understand you to say that all those who intend to enter Holy Orders are expected to attend the lectures of a professor of Divinity ? Yes. 3 1 29. Does it not follow that there might be some strong reasons for retaining: the tests in the case of the Divinity professors, even if tests were abolished in other cases ; for might it not happen that a layman appointed to that professor- ship without a test might be found to lecture to these young men who were intended for Holy Orders in terms not conformable to the tenets of the Church of England r I am afraid I can only repeat what I have said before ; first, that 1 do not think denominational teaching the best mode of teaching religion ; but I regard it as a necessity, and looking at it as a necessity, I think you can obtain it quite sufficiently by the mode of appointment without further requiring tests. I do not propose that a layman should be appointed ; but even if a layman should be admitted to a Divinity Chair (and it is very desirable that laymen should be students of Divinity), the same thing would apply. I think you may obtain all the safe- guards which you require by the mode of appointment. 3130. How would you supersede the necessity of tests in the case of the Divinity professorships in this event, that a person who had been appointed, we will suppose, when he held tenets in strict conformity with the tenets of the Church of England, afterwards deviated in his teaching from those tenets. You can now, as I understand, ask those professors to take the lest a second time ; supposing there was no test, what measures would you adopt in the case supposed ? A Divinity professor is liable to the Church Discipline Act, just as any other Church clergyman is. 3131. But supposing a layman were appointed as a Divinity professor, and many laymen have been highly qualified to teach Divinity, what step would you take ? If you insist upon his being strictly a denominational teacher, you must make some provision to meet the case. 3132 That is the very point. You admit that in that case some provision must be made to meet the difficulty I have mentioned ? Yes; SELECT COMMITTEE ON UNIVERSITY TESTS. 307 Yes ; if you want to preserve denominational teaching, and do away with Rev. B. Jowett. tests, I think some provision must be made. Qlst March 1871. 3133. You stated in a former answer that you thought it would be very proper to provide by legislative enactment for the continuance of the service on Sundays in the college chapels, according to the rites of the Church of England, but that you did not think that the same provision should be made for week days? Yes ; I think it should not. 3134. I do not clearly understand your motive for making the distinction? My reason is, that I think the service is too long and ill suited for a daily service for general use in a school or college. Without wishing to make the service other than the service of the Church of England, I should give the same latitude in colleges that I think is now allowed in schools. I think there is some Act which allows a variation of the service on week days in schools. 3135. That is to say, you would not object to the legislative provision being extended to week-days, provided the whole service were not required, but with the provision that no prayers should be used hut those of the Church of England ? Yes. 3136. On that footing, then, you would not object to week-days being included in the same legislative provision as Sundays ? No. 3137. May I ask as to the chapel services at Balliol College; is attendance upon them considered compulsory or voluntary ? Voluntary. 31 38. In former years it was compulsory, was it not ? Yes. 3139. At what time was the change made? About three years ago. 3140. Have you found the results satisfactory ? Yes, I think so. 3-41. Earl of Harrowby.~] Is the service in English or in Latin ? It is in English, I think, at all the colleges now. Until lately, at Christ Church and Worcester it was a Latin service. 3142. Earl Stanhope.] Have you had instances of young men pleading religious scruples, and being unwilling to attend the service in the chapel on that ground r For a long time, for 10 years past, I think, Roman Catholics and Dissenters have been exempted from going to chapel. 3143. Whenever they have pleaded religious scruples? Whenever they have pleaded religious scruples. 3144. Have you taken any step to see that the young men attended the reli- gious service of their own persuasion, so as to guard against a scruple being pleaded merely as an excuse for indolence r It can hardly be pleaded merely as an excuse for indolence, because they are required to attend a roll call if they do not go to chapel. That is the way in which we have met that difficulty. 3145. You do not apprehend that these religious scruples have been pleaded as a mere excuse ? No, not at all ; I have no reason to think so in any single instance. 3146. Do you find that the numbers who attend, now that the attendance is voluntary, are much below the numbers who attended when it was compulsory by the rules of the college ? Yes, on week days the attendance is very small ; on Sundays there is a good attendance, and the young men have themselves introduced a musical service in the chapel. (17.) Q Q 2 3147- B ut 308 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. Joweit. 3M7- But though attendance is not compulsory, I suppose it would lead to remonstrance if a young man, without alleging religious scruples, habitually : ist March 1871. absented himself on week days or Sundays? It would not on week days. 3148. Would it on Sundays ? On Sundays we should wish to avoid making it a matter of discipline, or having penalties enforced with regard to it at all. It would never be mentioned publicly, but privately a young man might be spoken to about it. 3149. Have you many Roman Catholics at your college ? I think there is only one at present. 3150. I presume they are not expected to attend the Divinity lectures: No. 31,51. Have they any provision for religious teaching of their own ; I do not mean in the University, but within reach ? I cannot tell you with certainty, but I should think not, 3152. Earl of Harrowby.~\ Are they generally placed under the care of any specific person connected with their own faith when they come to the University ? They attend their own chapel ; they are not formally placed by the college under the care of anyone. 31.53. Earl Stanhope.] You have never found their presence interfere with the college discipline or order? Not in the least. 3154. Taking their whole number in the colleges at Oxford, is it at all con- siderable? The number of Roman Catholics is inconsiderable; the number of Noncon- formists is very considerable. 3155. And increasing ? It is increasing. 3156. You do not apprehend that any large admission of Nonconformists into the governing body of a college might lead to a slackness in religious teaching, or to such differences among themselves as to render religious teaching im- possible ? No, I do not; I think matters would remain in pretty much the same position as at present, where there is a good deal of difference of opinion, and persons holding different opinions give lectures in the same college. 3157. Lord Houglvton7\ During your residence at Oxford, have there not occurred several violent controversies within the circle of the Church of England ? Yes ; I am afraid that is very notorious ; we have always been in a state of unrest since I have been in Oxford, and I believe antiquarians tell us that we were so in the middle ages too. We have certainly had many controversies, which have a good deal affected the minds of the young men. There has been a good deal of action and reaction • for you cannot have a movement in one direction without creating another movement in the opposite direction. Ever since what is called the Tractarian movement, which begun in 1835, there have been disturbing influences ; the Hampden agitation, the Reform of the University, the changes in the examination statute, the growth of ritualism, and during the last six years, the movement for the abolition of tests ; and allowances should be made for these influences by those who would fairly judge the opinions of young men 3158. Has not what might be called a certain amount of sceptical tendency in the University been almost a necessary reaction from these controversies ? Yes, I think so. The tendency of one party, perhaps of all parties, is to exclude the other party as much as possible. There has been an attempt to divide the University, more, I think, than is the fact at all, into two parties ; and the old argument has been used, that if you are not High Church or Catholic, or whatever it is called, you must be in the other extreme. 3159. Have the tests which have hitherto existed in the University been of any effect in checking these differences of opinion ? I should think they have been of no effect whatever. 3160. Have SELECT COMMITTEE ON UNIVERSITY TESTS. 309 3160. Have the tests, the object of which was to preserve conformity to the R ev B Jomett Church of England, had any effect in checking the tendencies towards the ' — Church of Rome ? 21st March l8?li As far as I can judge, they have had none whatever. 3161. Therefore the existing tests have been no more effective in checking positive diversities of opinion from the Church of England than in checking negative tendencies ? Certainly not. All that the tests could expect to do would be negative, to produce a silence upon particular subjects. All that those who impose them could possibly expect of them would be that kind of check, but that is as nothing when you come across the influence of an eminent man acting in another direc- tion. What I mean to express is, that tests must always l>e purely negative, and that the greater influences which act upon the undergraduates are really positive, and that the tests do not touch them. 3162. Would not a test, the object of which was to secure conformity to the doctrines of the Church of England, act as an impediment to the introduction and sustenance of doctrines tending towards the Church of Rome? We might suppose so beforehand, but I do not think, judging from experience that this has been the case. During the last 30 years the doctrine of a great part of the Church of England has entirely changed, and the appearance of many of our churches has become like that Of a Roman Catholic Church. Judging from these general facts, I should say that tests have had no appreciable influence in checking the movement towards the Church of Rome. 3163. And having had no appreciable influence in checking the tendencies towards the Church of Rome, have they had any tendency on the other hand to check the development of freer forms of opinion ? No, I think not. 3164. You regard the tests, therefore, as comparatively ineffective on the positive as well as on the negative side? Yes, on both sides. 3165. Was not there in the Tractarian movement a resistance to the predomi- nant tests in the University, which led even some of the highest and best minds into a line of conduct which was hardly thought compatible with legitimate controversy ? Your Lordship refers to the casuistical explanations of the tests. Yes, I cer- tainly think so ; and that shows the great evil of tests. There are two ways of escaping from them. One is the casuistical way which, as your Lordship was saying, is justly to be reprobated ; and the other is the more general way of re- garding them without reference to their sense; not casuistically evading them, but taking them in the most general sense possible, or in no sense. Both seem to me to be bad. 3166. Has there been of late years any tendency to take these tests casuistically upon the negative side ? There has been a tendency to take them casuistically in one sense, but not in the same manner as before ; that is to say, they have been taken in a genera! sense in so far as they are supposed to be enforced by law, but not explained away in detail as they have been in such writings as the famous tract, No. 90. I think that both ways of escaping from them are almost equally objectionable, and show the great evil of tests. 3167. Has the tendency to metaphysical study considerably increased of late years at Oxford r Yes, I think it has. Si 68. Has it taken a different form from the study in former times ? Yes it has taken a wider form. There has been a good deal more reading upon the 2b c fhln Xre used to be. It has been ^™*£^££^ aroears to me to be one of the best ways of studying it. J he young men now s£dy the hStory of philosophy a good deal, whereas in old times we knew nothing (1 7 j Q Q 3 aD0Ut 310 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. Jomett. 2ist March 1871. about the 1 ktory of philosophy; and I think they read more books; there is considerable reading of Bacon and Locke, for instance. 316']. In your youth, was the examination rather in the books as text-books than in the matter of the science ? It was chiefly in the books as text-books, and was of a very narrow kind. The examination in philosophy was an examination mostly in the Ethics and Rhetoric of Aristotle, and in Butler's Analogy and Sermons, and we used to make the one play into the hands of the other, and interpret Butler by Aristotle, and Aristotle by Butler. 31 70. Yon think that the larger extension of metaphysical science in the sense of treating it less scholastically, and n;ore with application to modem literature and modern times, has been, upon the whole, beneficial? Yes, I have no doubt of that. 3171. To what extent has that gone ; have any gone so far as to admit the more modern books as text-books of examination, such as Mr. Mill's, and Mr. Herbert Spencer's, and Mr. Lecky's works? Yes, that is true of Mr. Mill's "Logic", but not I think of the other two books you mentioned. 3172. As far as you remember, you never recollect Mr. Herbert Spencer's books being used as text-books? No, I think that they cannot be regarded as text-books. Still they are not unknown at Oxford ; there are persons who ha\e read Mr. Herbert Spencer's books. 3173. You would therefore allow the question to be summed up in this sense: that the present metaphysical teaching at Oxford, taken in connection with the present tests, rather tended to make them more nugatory than before? Yes, I think that. The present study of philosophy at Oxford differs from the .study of 30 or 40 years ago chiefly in extending over a wide field. With respect to ancient philosophy itself, it includes the history of ancient philosophy; it includes Plato as well as Aristotle ; whereas, in my day, hardly any of us read Plato at all; and it includes, to some extent, the reading of modern philosophy, particularly of Bacon's " Novum Organon,"and of portions of Locke and Hume; of Mill's " Logic " and Sir William Hamilton. 3174. With reference to the question of clerical fellowships, do you not think that if the Church of England is to be maintained as an establishment at all, it is very important that no opportunities should be lost of supplying it, as far as you can, with a learned and intelligent ministry f Certainly. 3175. Would not the opening of all clerical fellowships, and the consequent diminution of clergymen among the fellows, tend to produce fewer ministers of high education for the Church ? No ; I think not. That might be the effect supposing you excluded clergymen from fellowships; but you must remember that all fellowships would remain open to them ; the only question is, whether they shall continue to be a sort of protected class, and have some of the endowments of the colleges reserved to them. 3176. But although these clerical fellows may be somewhat inferior in letters to the other fellows, are they not, in general, the men who will be looked upon as the most learned members of the Church ? No; I do not think so ; it may be so in particular cases ; I think that it is very likely that the fellows of colleges who are clergymen will be amongst the most learned clergymen, but not those particular fellows who are elected be- cause they are clergymen. I should be sorry for the Committee to suppose I wanted to diminish the number of clergymen in Oxford. What we want to avoid is having persons forced upon us as fellows and tutors, who are inferior men, because they are clergymen. 3177. You do not think that the effect of the literary education and pre- dominance of these clerical fellows would be of service to the Church of England ? No, I do not think you would be likely to get learned clergymen in that way. 3178. Lord SELECT COMMITTEE ON UNIVERSITY TESTS. 311 3178. Lord Lyveden.~] It appeared in the earlier part of your examination Rer. B. Joreett. that there was some little misunderstanding as to your views of the religious education which is necessary in the Universities; can you state to the Committee 21st March 1871. in one comprehensive answer, what your views are as to compulsory religious education in the University, and also from what funds it should be provided for? F First of all, I should say that I wish that there should be religious instruction in the University. 3179. Do you mean compulsory religious instruction ? I was coming to that ; I should not wish it to be compulsory on any person who objected to it upon conscientious grounds. I should wish that the ordinary regulations which are made about lectures, should apply to Divinity lectures. With respect to the other lectures, the regulations are not very severe ; the undergraduates in several colleges choose their own lectures, with a certain super- intendence on the part of their tutors. The rule at our own college is, that a person may go to any Divinity lecture that he pleases, but that in two out of three terms he is expected to attend some Divinity lecture ; I see no objection to that. With respect to the funds out of which the lectures should be paid (I am not speaking now of the Divinity professors, but of the college tutors), I think that they should be paid out of the same fund as the other lecturers are, that is at most colleges, out of the- payments of undergraduates for tuition. 3 1 80. Chairman.] But you would not wish that there should be any regula- tion as to the kind of religion to be taught ? If your Lordship means any regulation enforced by Act of Parliament, I should say no ; there should not be any regulation enforced by Act of Parliament as to the kind of religion to be taught. 3181. Would you have any regulation enforced by the University or by the colleges ? I should leave it to the colleges. 3i«2. Earl Cowper.] We have heard it stated here, that almost everyone who reads for high honours at Oxford, goes through the phase of having his religious opinions considerably shaken ; is this your experience ? I should say, from my own experience, that this is not the case ; of course, we know that when a young man goes from his home into the world, or even I may say, when he begins to read and understand the newspapers, he finds something- different from what he has been taught at home ; but I think that such a statement as your Lordship speaks of is entirely incorrect. 3183. And you do not think that, comparing such a man to a man of the same age, brought up in the same way, either at home or at college, there is more tendency in the Oxford teaching to cause a shaking of religious belief? I think not. 3184. At. any rate, even if there was, I do not suppose the question of tests would affect that one way or the other, would it ; the abolition of the tests would not make it either more or less likely that the religious opinions of a msn reading for honours should be shaken ? The statement, from which I wholly dissent, is made with reference to a state of things in which tests exist. 3185. And it would not be increased by tests being done away with? It would not be increased by tests being done away with. 3186. Is not your reason for objecting to clerical fellowships this, that they induce men to come forward and take orders who would not otherwise do so, those persons not being the fittest persons to fill them ? Yes, partly. 3187. That is one of your reasons ? Yes. 31 88. Do you see any way in which the emoluments attached to clerical fellowships can fairly be compared to the emoluments attached to livings in the church ? T L . . . /J7 \ Q Q 4 I think 312 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. Jmxeit. I think what the noble Chairman said was quite true, that any kind of endow- merit for a clergyman may in certain cases tend to induce persons lo take orders 21st March 1871. who would not otherwise do so. I should wish to diminish this as much as possible, and I think you can do away with the temptation in the cases of clerical fellowships to which there are other objections as well, which do not apply to livings, namely, that you take an inferior man, a man less fitted for educating others, who is elected in a very invidious manner, and holds by a different tenure, when you might have a superior man. 3189. Is there not also the difference, that there are distinct duties attached to a living which are not attached to the fellowships of colleges in many cases ? 1 think that tells both ways. There are duties attached to clerical fellowships. 3190. Are there always duties attached to them ? No, there are not always, but the being compelled to elect under a certain condition very much diminishes your power of appointing the fittest men to be tutors. 3191. You are taking the clerical fellowships held by tutors to which, of course, duties are attached, but still, in the case of tutors, the religious duties are inci- dental, whereas in the case of a living, the religious duties are of primary import- ance, and, therefore, there is no reason why a tutor should be a clergyman ? Just so. 3192. Earl of Carnarvon.] Is the Committee to understand from what you have just now slated that there has been no change in the religious feeling and tendency of ihe University within the last few years ? No ; I have not said that. I think there has been always a change going on. Many changes have taken place in the last 10 years. But I said that the extremes of opinion are probably less, just at present, than they were five or six years ago. 3iq3. I understood you to say that you could not detect, yourself, any marked increase of and tendency towards scepticism of recent years, as in any respect the result of the course of studies laid down under the present system ? Yes, decidedly so ; duiing the last 10 years I can see no increase of scepticism, nor any special effect produced in that direction by the examinations. 3194. Would you be prepared wholly to dissent from such an expression as this : " I think it is quite impossible for any man to throw himself into the sys- tem of education for the final classical school at Oxford at. the present time ; I mean not only to stud} r it ab extra, but really to throw himself into the system without having every belief in his mind loosened for the time" ? Entirely. 3195. I think you told us that the examination papers showed no very marked change in such a direction as has been indicated to us within the last 10 years ? Within the last 10 years, T think there has been none whatever. I wish to guard myself as to the period I refer to, because there has no doubt been a change, though it is not of that kind between the examination papers now and the examination papers 30 years ago. That is the change I have been describing just recently. But I fail altogether to detect any traces of questions having a sceptical or an infidel direction. 3196. Perhaps it would be better if I were to amend my question to the extent of asking whether you see any change in that direction since the altera- tion took place in the final school at Oxford about 15 or 16 years ago. Does vour answer apply equally to that ? Yes, my answer would be that there is a great change, but not a change in the direction of scepticism or infidelity; the change is, that there is a wider system of reading, and that many books have been introduced which were not read before, but I should deny altogether that they were of a sceptical tendency. 3197. You would deny, in fact, that though the books are changed there has been a change of opinion in the University ? No, it is difficult to say that; opinion is rather too wide a word to use. 3198. Will SELECT COMMITTEE ON UNIVERSITY TESTS. 313 3198. Will you be gojd enough to qualify it yourself; I merely want to get R ev . B. Jowett. your statement upon the point ? I think I can best answer the question by describing the state of the schools 21st March 1871. as it appeared to me when I was in the schools, and comparing it with what it is now, though I shall be partly repeating what 1 have said before. The books were much fewer and much narrower; the examination' was much more in the letter of the books, and it was more confined to ancient philosophy and to Butler. Since the change, I think that the system has become a good deal wider, the verse composition has been dropped in the final examination, and 1 do not think that the same minuteness is required with respect to the books; it is more an affair of thought and power of mind, and less of memory than it used to be ; in addition to that, there has been a much greater study of modern philosophy. 3199. But surely, as regards the. study of philosophy, a larger number of books are read, if not as absolutely necessary to the object in view, at all events as subsidiary to it, and as preliminary to any chance of success ? Yes, that is what I said. There has been a much greater study of modern philosophy, it is true, but I do not think that involves a sceptical tendency in the examination. I wish myself that the study of philosophy should be based chiefly upon ancient philosophy, but I think it is very desirable that modern books should be read in order to give life and meaning to the old books. 3200. As a matter of fact, it has introduced a class of books which were com- paratively unknown 15 or 16 years ago, has it not? Yes, one of those books is Plato, another is the Politics of Aristotle; and besides that, there have been modern books introduced. Mill's "Logic" and Bacon's " Novum Organon" go back rather further than that time, though not much. Betides that, there has been a good deal of reading of Locke, and there has been some reading of Hume and Bentham, and of Sir W. Hamilton and Mansel. Maine's Ancient Law, and Austin on Jurisprudence, are also familiar books to Oxford students of philosophy ; and there has been some interest on the part of one or two teachers about German philosophy; I mean about Hegel; but I fail to detect, any trace of that in the school papers. 3201. Is the Committee to understand that you fail to detect the influence in any degree of any of the modern German works, either upon the examinations for the schools, or upon the examinations in reference to fellowships 1 I should be sorry to say "yes" to that question without further explanation. I should hope, certainly, that there was some influence of German philosophy as well as of other elements of literature to be traced in the University of Oxford ; but I clo not find that any questions are asked out of the writings of German philosophers in the schools, with the single exception, i would add, of Kant's Logic, which is not really an exception. 3202. I think you have mentioned, in the course of your examination, the -non-resident fellowships ; do you approve of the general system by which a non- resident fellow draws his emolument from a college, and takes, in fact, prac- tically very little part in the teaching of the college ? No, not as it at present exists. I think that these fellowships have a use, and a very great use. They enable a man to get on in life ; but I should limit them to a tenure of six or seven years. 3203 I understood you also to say, in reference to a question which was asked you, that, the tests had no effect, as far as you knew, in restraining the d.ver- gence of opinion of the University; may I ask you on what that answer was founded ; was it on personal experience, or was it on abstract reasoning ? It was on personal 'experience, judging from the very great divergence of opinion that I have known to exist in the University. 3204. It would be limited, of course, to your own college r I have seen a great deal of persons in other colleges, as well as m my own. 320*. You think that your experience justifies you in saying that the tests have exercised no effect whatever upon restraining the divergence of religious ^rSTnot say that the tests have had no effect whatever, for I think that they have had a bad effect. n 7 \ R » 3206. I said 314 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B.Jowett. 3206. I said in restraining divergence of religious opinion? Yes. I think that divergence of opinion has not been lessened by them, and 21st March 1871. would not be increased if they were taken away. 3207. Should I be right in so far summarising that part of your evidence as to say that you would wish to see the existence of general religious influences in the University ? Yes, certainly. 30, j 208. But that you would wish that any teachers of religion, whether Divinity professors or otherwise, should be appointed by the several bodies whose opinions they might be held to represent ? Yes, generally ; that was what I said ; but I drew a distinction between what it would be immediately desirable to do, and what I thought would be desirable in the remote future. 3209. But, on the other hand, you would not be prepared, and you would not think it desirable, to see them paid by endowments? I should not. I should not propose to take away the endowments from the Divinity professors which they have at present, but I should not think it desirable to appropriate any new ones to them. 3210. Did you not state that you would limit the duration of an endowment for religious purposes to 50 years as the maximum ? No ; I did not say that. What I said was in answer to a question of the noble Chairman's, I think, who asked me what limit I would propose to put to the maintenance of endowments for the purposes to which the property was originally devoted. I said that I would take the limit, given by the University Commissioners, of 50 years, but I did not say, and I did not mean to say, that the religious endowments should only be maintained for 50 years, but that that was the time which I thought Parliament might fix, if expedient, for not objecting to interfere with the intention of the endowment. 321 1. That would be the period at which you would wish to set the hands of Parliament free to deal with endowments? Yes. 3212. In all other respects I understand that you would impose no restric- tion, either upon professors or upon heads of houses, or upon tutors ? Quite so. 3213. The only guarantee you would look to would be the guarantee of public opinion and their own sense of responsibility ? I would impose no tests. 32 j 4. When you say that you would impose no test, do you mean that you would take any other kind of guarantee short of a test ? I would take no test or declaration. 3215. Is there any guarantee for the teaching of any particular opinion which does not resolve itself into some form, either of declaration or of test? Yes ; I think there is ; I do not think the object a desirable one, but I think it is veiy easy to accomplish it without a test. For example, you may put any endowment in the hands of trustees ; take such an instance as the Simeon trustees, there is no test there, but vet, from generation to generation, they seem to go on appointing clergymen of a certain class of opinion. 3216. That, in your opinion, would be permissible? 1 think it would be permissible, but not desirable. 3217. You would of course, then, take no guarantee of any sort by legislation for maintaining any particular form of religion, even, say, the religion of the Church of England ? What I said was, I think, that I had no objection to the service of the Church of England being enforced by law in the chapels so long as the Church of England remains established. 3218. Having no objection to the use of the Church of England Service in the chapels, would your objections extend to a declaration of a negative character such as that which was proposed by Sir Roundell Palmer in the House of Commons, that «ELE€T COMMITTEE ON UNIVERSITY TESTS. 315 2 1st March 1871. that all persons in offices of trust as respects teaching should declare that they Rev. B. Jowett. would teach nothing in opposition to the doctrines and discipline of the Church of England ? Yes, I should object to that. That is a new test, and if enforced strictly, Tequires not only every tutor but every lecturer, either to teach the doctrines of the Churchy of England, or to teach nothing. Such a test is more stringent than the existing declaration of conformity, and would be imposed on some persons of whom the declaration of conformity is not. required. Other sects of Christians must in fairness receive a similar protection. And however stringent tests are made, you cannot touch the private tutors, who have a great part of ■the teaching in their hands. No one proposes to impose a test upon bachelors ; nor can you prevent anybody from coming down and settling at Oxford. If a man comes and settles here who is a man of force of character, and has the power of teaching, he may exercise great influence, possibly more than any one else in the place. That is another point of view in which tests are ineffectual, and which I think should be considered. 3219. I conclude from your last answer that had Dr. Newman held any office of trust in the University at the time when he left the Church of England you would not have been willing to see his removal from that office ; you would have preferred to leave it to the simple effect of public opinion, and to have allowed Hm to retain whatever power his own individual character and influence might have given him ? Yes, for good or for evil, whichever it might be. 3220. The influence of his character, it must always be borne in mind, would receive greater weight from the chair from which he pronounced his opinions ? That would depend upon the posiiion he was in. We have already separated off the Divinity professors, and if he were a college tutor it would depend upon the college, and upon the Vice Chancellor, whether they were willing to continue him or not. 3221. I think the general tendency of your evidence and the drift of your own opinion, as expressed to us, go to leaving him in the position which he occupied, no matter what it was ? Quite so. As far as it is an evil, I think it would be the lesser of two evils. 3222. Lord Colchester.] I wanted to understand exactly your answers as to the scientific professors who you said, though not hostile to Christianity, would object t? taking a test declaring their acceptance of the Christian faith ; with what view would they make that objection ? For a precise answer 1 must refer you to themselves ; but you would find, I think, that they would object on principle to any test, and they would object to the ambiguity of such a test as that. 3223. Even though it required no sort of declaration as to the sense in which they received the scientific allusions on the Bible? T do not think that would remove the difficulty. 3224. I think you said there would be no more difficulty in the case of a college composed of persons of different religious opinions than in the case of a school board ; did you not make that comparison ? Not exactly in that way; J. made some remarks as to the harmonious working of a college, using the school boards as an illustration. 3225. School boards are specially bound by the Act of Parliament passed last year not to teach any denominational formularies in their schools, are they not ? In so far the illustration would not hold. 3226. Because, I think, when it was proposed to do so, it created such a stir that the proposal had to be given up (if my memory is correct) in the progress of the Education Bill last year ; you think there would be no fear of dissensions occurring in a college, as to whether they should appoint a Divinity Professor or not, or whofihould be appointed, if the fellows belonged to different denominations? I'can only say that very great differences of opinion do exist at present in colleges, and that they do not appear to interfere with the fellows living harmoniously together, carrying on the eommon work of the college, and provid- ing for religious instruction. 07.) eb 2 3227. You 316 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. B. J»nett. 3>"27. You do not think that any possible extension of the differences, after this Bill was passed, would make any difference in that matter ? 21st Marcln87i. j ^ ^ t tliink there would be any extension of differences ; there is as much ' difference of opinion as there is likely to be. 3228. You would not Ik- inclined to make any difference between the post- Reformation Colleges and the older ones in their position towards the Church of England ? No, I should not. TI.e post-Reformation Colleges are not many, and thev arc not rich, and in some case it has been quite an accident, if you look to the intentions of their founders, whether they were Catholic or Protestant; but I do net lay much stress upon thai myself. I think that the State has the most entire right to use these endowments in the best way, for the purposes of higher educa- tion. 32:9. I think you stated that it would be unjust that the Church of England, which forms only about one-half of the nation, should possess the whole of the University ; do you think that, there would be any objection to retaining less ihan half the colleges for the Church of England, if there was a large portion, though not a majority, of the nation that desired that some such colleges might exist r I do not think there would be any injustice in it; hut I think it would be very undesirable, and that it would be absolutely impossible to carry out such a proposal in practice. It would be very undesirable, because one of the great advantages of opening the University, is the bringing different classes of persons together. Churchmen will, I hope, learn something from Dissenters, and Dis- senters will learn something from Churchmen, and so on. I may mention in illustration of this, what an eminent minister of the Church of Scotland said to me a day or two ago. He said that the relation in which the Dissenting bodies in Scotland stand to the Established Church, is far better than that which exists in England, and this, as he thought, arose from their all having been educated at the same Universities. That is a benefit which I want to secure ; but according to the plan now 7 proposed, instead of really opening the University to -Dissenters, I should have brought the Dissenters to the place called Oxford, where they might have a portion of the endowments, and be examined like other persons, and that would be all ; they would not enter into the spirit or society of the colleges ; they would still be educated in Wesleyan, Independent, or Presbyterian seminaries. 1 would point out further that the plan is impracticable, and could only be carried out by violence. There may be some colleges, in the first instance, which would be willing to be Church of England colleges, possibly, for a time; but they would, perhaps, find that the open colleges gained upon them, and then they would want to give up being Church of England. But there would be absolutely no colleges willing to become Nonconformist, or of any other religion, and they would be all agreed in refusing to make over half their endowments to the State for the support of other denominational colleges. 3230. Do you not think there would be a useful competition between the denominational and the undenominational bodies, each trying to make their own principle work the best. ? No, I do not think there would be any effect of that sort produced. 3231. With respect to the 19th clause of the Endowed School Bill of the year before last, I am not quite sure whether it would affect the University much or not; it was to this effect: it exempted from the opening of the governing bodies of endowed schools " any school which is maintained out of the endowment of any cathedra! or collegiate church, or forms part of the foundation of any cathe- dral or collegiate church ; or, secondly, any educational endowment, the scholars educated by which are, in the opiniou of the Commissioners (subject to appeal to Her Majesty in Council, as mentioned in this Act), required by the express terms of the original instrument of foundation, or of the statutes or regulations made by the founder, or under his authority, in his lifetime or within 50 years after his death (which terms have been observed down to the commencement of this Act), to learn or to be instructed according to the doctrines or formularies of any particular church, sect, or denomination ;" in that case, the restrictions upon the appointment of a governing body were retained ; I am not quite sure how SELECT COMMITTEE ON UNIVERSITY TESTS. 317 how a similar clause would affect Oxford ; I should be glad to have your opinion upon it? I presume your Lordship means to ask what effect would be produced by it. 3232. What would be the effect if we exempted from the operation of the Act those endowments with respect to which the founder or person, within 50 years after his death, had prescribed a connection with any religious body, which I presume would be the Church of England, at Oxford, and that condition had been adhered to down to the present time ; of course, it would not apply to an endow- ment previous to the Reformation ? It would have a very slight effect, I think. You would probably have a diffi- culty in making out, respecting some of the post-Reformation founders, that they wished the endowments to be attached to the Church of England. Five-sixths of the endowments at Oxford have come down from a time before the Reformation. 3233. You think it would be objectionable that the remaining one-sixth should be appropriated to the Church of England ? I think it would be objectionable, and there, are other difficulties about it as well. I think that it would not be worth doing from any point of view. The Witness is directed to withdraw. Re?. B. Jouielt. 21st March 1871. The Reverend ALEXANDER RALEIGH, d.d., is called in follows : and Examined, as 3234. Earl of Harrowby .] You have, I have no doubt, studied a good deal the question which is now before the Committee in regard to the future constitu- tion of our Universities ? I am-sorry to say I have not given much attention to that subject. I have taken an interest in the principle of the thing, but not having had much part or lot in the Universities until lately, I think a good many of us are not technically ready to give answers. 3235. What do you consider the principal evil of the system now existing in our Universities which it is desirable to remove f I do not know that I could condescend upon any evil as predominant. There are a good many. One certainly is that it divides social life in England in a very undesirable way, and makes us feel almost like two peoples ; not that we really feel so, but that there is a tendency that way. I think in no way is it desirable to keep up tests, unless they be of the most general kind ; in some form which would not touch the inward movement of individual opinion, which I think it is quite impossible to control. 3236. Do you consider it very much as a hardship that young Nonconformists of talent, who have gone through the Universities, should be deprived of the rewards of talent which are open to others of different shades of belief? Yes, assuredly I think so. 3237. Do you conceive that for that purpose it is of necessity requisite that every part of the teaching and governing machinery of the Universities should be without any restriction whatever as to religious character ? I think 1 should go a long way towards that conclusion. 3238. Will you take the case which was suggested not long ago of Doctor Newman, an eminent man, as everybody knows, exercising great influence and power, who, before he joined the Church of Rome, was a tutor in a distinguished college, and' he might have been a professor of Divinity; should you have felt that it was right in a place of religious education (for I suppose you consider that religion is still a part of the education of a young man, even at the Universities), for him to have been left in that position of authority, and with the opportunity of inculcating his opinions, in which he would have been left if there had been no means of removing him, or in fact of applying some test of opinion, whatever it might be ? . . It is a very wide question ; I am disposed to think that any injurious influ- ence that Doctor Newman might have exercised by the force of his presentation (17.) RH3 of Rev. A. Raleigh, d.d. 318 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. A. Raleigh., d.d. 21st March 1871. of his opinion?, associated with his high character, would have been almost as small in the Church of England, as it is now out of it. I suspect that Doctor Newman's influence springs very directly from his mind and writings. 3239. But would you have left him in the authoritative position which he might have occupied previously, acting under the sanction, you may say, of University or college authority? From my point of view, I should not. In our body Doctor David-son was not left in his position, and I think it was reasonable and right that he should be requested to retire ; but in a national institution it seems to be another question. We are a voluntary body sustaining cur colleges. 3240. Do you believe that any voluntary body could exist upon the principle that its governing and teaching power was entirely decided by examination at a certain period of life, without any power of removal on account, of any opinions which a person might possess. Do you believe that any body of subscribers would maintain an institution based on such principles, with the teachers and governors holding a fee-simple, as it were, in their teaching and governing power which could not be taken away from them ? I question very much whether any body of subscribers would. 3241. Is it right to impose upon an institution which we call national, but which has not been founded by national money, but founded almost entirely by individual bequests, a principle of action which would be so distasteful to the public feeling that no voluntary body would freely adopt it with an expectation of maintaining- its existencee ? It seems to me that it would be right to impose what may be desirable on it so long as it is in association with the Established Church in the public Universi- ties, and that it cannot plead rightly to have the same privileges as a voluntary body until itself becomes so. 3242. I am not putting it as a matter of privilege, but I ask, as a voluntary body would not be maintained on these principles because they would not be thought to be right and sound principles of education, is it right to impose upon a national institution piinciples which no voluntary body would adopt for its own government? I hardly apprehend what principles your Lordship refers to. 3243. I am testing the principle by the supposition that a voluntary body adopted the principles which we are now discussing. I think you agree that no voluntary body would adopt them, and that no voluntary body would exist on such principles ? Yes. 3244. The object in a national University is not to have a bad thing but.a good thing, not to have a thing which is distasteful to the public and goes against the public notions of what is fitting for its purpose; is not the appeal to what a voluntary body would do some test of what would be advantageous or right in what is called a national institution ? I think not. Of course all agree that it is desirable to have a. good thing, but in the definition of what is a good thing endless differences would immediately begin, and if there is to be a national institution which is to include various forms of goodness, then to give pre-eminent and peculiar privilege to one form of good- ness would seem to be an injustice. * 3245. Chairman.] Would you, therefore, banish them all to make them equal ? I should not like to banish them all, but it is exceedingly difficult to see, according to abstract principles (for which, however, 1 do not stickle in my own practical action ; I do the best possible under the circumstances), from a volun- tary point of view, bow you are to give state recognition of religion with perfect fairness in the Universities, any more than I hold it is done with perfect fairness iu Church matters. 3246. Would you allow me, if I so thought fit, to leave a clerical fellowship to any college, or would you forbid me ? I should certainly allow you to leave it. 3247. If my father left it, would you take it from the Church ? I could 2tst March 1871. SELECT COMMITTEE ON UNIVERSITY TESTS. 319 I could not venture to say at what time, or under what circumstances, the R ev , interposition should come ; but I am quite clear upon the general principle, that a. Raleigh, d.d. the State must always have the power to regulate property of all kinds. 3248. You do not see anything incongruous in the idea of money being left for a National University to sustain the tenets of a particular denomination? Namely, the Church of England ? 3249. Any denomination ? I apprehend that these endowments were left to the Church of England when it was more truly the Church of England than it is now, as to numbers, I mean, and therefore that the difference that history and the development of things generally have made, alters the case, and confers the power of interference. 3250. Even with the most modern endowments ? I think it is extremely undesirable to touch endowments lightly, but it seems to me that the general principle must be held. 3251. But are you in favour of banishing religious teaching altogether from a national University, on the ground of the impossibility of choosing fairly any particular sect with which to connect it ? I should hardly describe it as banishing religious teaching. I should think that a most lamentable issue to result ; but I do not fear the loss of religious in- fluence, nor need there be the loss of religious teaching, although I eould not condescend upon the best methods of securing it. 3252. Do you think if there were four teachers in a boarding school, one a Roman Catholic, another a member of the Church of England, another a Non- conformist, and another a Socinian, they could combine together to give religious teaching to the pupils in the school r Practically good men do combine much more easily than we are apt to suppose when we look at the thing theoretically. 3253. Earl of Harrow by.] Would you think it possible for them to combine in a boarding school in the same house under the same roof? I should think it very undesirable to try. 3254. Earl Cowper7\ Have you had any acquaintance with middle class schools ? Not very much. 3255. Have you never met with a school of thoroughly flourishing condition in which the directors were chosen quite irrespective of their religious per- suasion ? I think I have heard of them ; they are not very numerous. 3256. It is not within your own experience at all ? No. 3257. Chairman.] Then if you would not think that that was a desirable thing to institute, do you think it is a desirable tiling to legislate for ? I do not wish to have legislation for religion at all ; I think the less we legislate about it the better. ■m8 But if we first provide that the teachers of a college are to be those who may succeed in a particular literary examination and then further provide that there shall be no security whatever either for the.r religious opinions or qualifications, do you not think that we as much as in words provide that there shall be, at times at least, a most extreme divergence of religious opinion amongst 1 Lthink it is quite possible that the thing might arise, but I do not think it is likelv I think that it would follow the course of our experience in common life. There are possibilities of these things constantly existing around us, but they do not arise. ithin 50 years after his death, which had never been departed from, connecting it with the Church of England or any other religious body, you would object to such a college being exempted from anv general Act abolishing tests ? Very much would depend upon the circumstances. I do not feel that I could give any opinion one way or the other upon that question. 3286. Chairman.] I want to ask you with respect to the term " national insti- tution," for I see you lay a great deal of stress upon that phrase, what has caused the colleges to become national institutions ; we will take, for instance, Wor- cester College, which was founded at Oxford 1 50 years ago ; why is that a national institution ? It forms part of what we call the University system. 3287. Do you think then, that having come near the University system as it were, the taint of nationality is attached to it? The nation, through the Legislature, has always ruled these colleges verv much more directly and poweifully than it has ruled or even touched any of our volun- tary institutions. 328K. Then any private property with respect to which an Act of Parliament is passed becomes ipso facto national ? Everything is national so far as this, that everything must be subject to the power of law and must be made subservient to the common weal. 3289. Your view was, I think, that the word " national " meant more than that, because the effect of the application of that adjective to the Universities and colleges was to make them places where denominational education could not exist r Yes. 3290. Why was this college, founded out of private funds, subject to this par- ticular incapacity ? Then there arises the question, how far any one has a right to found a college or to institute any organised establishment with the view of conserving a rigid system of opinions ; and whether everything of that kind should not be left to the free action of succeeding times. 3291. That of course would apply to Cheshunt College? Yes, entirely so, and to our ch'apels. 3292. You do not think because Worcester College happened to be founded in Oxfordshire, instead of in Lincolnshire or Hertfordshire, that therefore it was liable in a special degree to this incapacity which attaches to the word " national " ? No. 3293. You think all your chapels are liable in the same way ? Quite so. 3294. Earl of Carnarvon.'] Do I rightly understand the general drift of your evidence to be, that you would be glad if you could see your way to it reasonably to have some guarantee for the maintenance more or less of religious teaching in the University ? As a matter of fact I should desire that very earnestly. 3295. And your objections, I think, would be rather to this guarantee assum- ing a denominational form than a generally religious one ? My objection would be more to the fact of its assuming anything that would give SELECT COMMITTEE ON UNIVERSITY TESTS. 323 give it the stamp of imposition and authority from without. I think it ought to I think the young men at be left to the free action of the students themselves, that time of life may, in a large measure, be trusted. 3296. Chairman.'] Would you have the students elect their tutors ? I meant as to their attendance at any particular place of worship. 3297. Earl of Carnarvon.] I was speaking rather of the provision of religious teacning in some form ; I was about to ask whether you would agree to any sort of guarantee being taken for such religious teaching being given as would be more or less common to most Christian forms of belief, or whether you would still object to that ? _ I should not object to that. That is what I should prefer, if that is to be recog- nised as part of the plan. I do not see why there might not be ample religious privilege and instruction at Oxford, just as at other places, without an express- enactment. 3298. How would you get it without any express enactment ; to what would you trust. ? I am quite sensible of the great difficulty of the case, but that is the ideal that I should set before my mind, that young men of that time of life should not be forced into religious exercises, but that they should be provided for them. 3299. Earl of Harrowby.] You mean that they should have the opportunities provided? Yes. 3300. Yes. Then comes the question how to provide the opportunity ? 3301. Earl of Carnarvon.] Do you see any hardship in those who exercise the government of the University, and who, after all, are responsible for the govern- ment of the young men, subscribing in some degree to an expression of religions faith in some uf the. largest and least controverted of the Christian doctrines ? Objecting in general to the principle of tests, of course I should be obliged to do so even in that case, simply because I think it does not accomplish the object. I think the object may be accomplished more effectually in another way upon the whole, and I think you are apt to have an insincerity and injury caused by that, means, perhaps, more than any benefit. 3302. Earl of Harrowby.] In what other way would you provide for it? 1 think we have no absolute security in providing font, except what arises out of the general state of society. 3303. For the purpose of teaching religion there must be teachers, and the teachers must be maintained. Who is to choose them ; who is to maintain them ; and, after they have been chosen and maintained, what check is there to be upon their future teaching: these are all questions which have to be solved? Yes, those are questions which seem to me to lie within the sphere of the per- sons who provide the religion. 3304. Who are they ? Those who care for it ; those who send their sons to be educated. 3305. You would allow persons to provide religious private tutors or teachers, as it were ? I should not like to give any very definite opinion upon that. 3306. You see that these are the difficulties of the case ? I am quite aware of the difficulties of the case. 3307. Merely rejecting one plan does not help you to the solution of the difficulty, the object being confessedly in itself desirable that young men at that time of life should have at least the opportunity of being taught religion if they are not compelled to be- taught it ? In rejecting a plan which, in my view, has never succeeded, and cannot suc- ceed, in accomplishing the end, but has produced an injury, I cast the question upon those whom it more nearly concerns. I think we may trust to them. I could not for a moment believe that the Church of England, in its present active state, would not find some way of providing amply for the religious teaching of her own sons. „ _, , (l 7 .j s s 2 330 S. Earl Rev. A, Raleigh, d.b. 21st March 1871. 324 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 3308. Earl of Carnarvon.'] Would not the existence of a Divinity professor, A. Raietgh, d.d. speaking with the authority of a chair in the University, be rather inconsistent ~ : „ with your point of view? Ye?, of course it would. With the extreme voluntary theory it would not consist, of course. We hold that religion is altogether free, and ought not to be endowed, anil ought not to be controlled by State machinery. 3309. Earl of Harrowby .~\ But have you no endowments amongst the Non- conformists for religious teaching in various ways? We have endowments, and we have an opinion amongst us that they are most undesirable for congregations. 1 say that, although I myself have the benefit of one. 1 think my friend, Dr. Stoughton, will confirm me in saying that we think the one tiling to which they are suitable is the support of our colleges for the payment of that kind of education, the need of which does not present itself so forcibly to the common mind, and which is therefore apt to be neglected. 3310. Unless you swept away all religious endowments, supposing that you had not some power of removal from tutorships, you would give a fee-simple interest in the power of teaching which no voluntary body would submit to ; therefore, as long as there are endowments, must there not be some control over the power of teaching connected with them ? Yes, undoubtedly. 331 1. Should you think it desirable, as a system, that young men, because they had attained a literary position at 22 or 23 years of age, should be entitled to become members of a governing or teaching body, perhaps not even being present at the place where the governing body was, but living in London or on the Con- tinent, and coming down every now and then to overrule the opinions of those actually engaged in teaching; would any voluntary body submit to that ; would they not think that it was totally incompatible with the due discharge of educa- tional functions ? Yes ; but no voluntary body has put itself under those circumstances. 3312. But you would not put this great national institution into an inferior position, into a position in which no voluntary body would think suitable for the purpose ; you would not foul the object merely for the purpose of calling it national? No; but in so far as the teaching of religion or Divinity might be concerned, if it is to have the privileges of the voluntary system, it ought to enter into the voluntary condition. 3313. But you are of opinion that young men at that time uf life are not such perfect beings that they do not require assistance and religious guidance, or religious instruction, do you ? I think they eminently require it. 3314. And that the laymen require a knowledge of the grounds of their religious belief as much as the clerical body ? Quite as much. 3315. For that purpose some means must be provided; an object is not attained without means? Assuredly. 3316. I was trying to extract from you in the most friendly way, because it was really with a view to guidance, what were the means !>y which you would provide in this Bill the opportunities and facilities for the religious teaching of the young laymen who are sent up to the University, or to those who are hereafter to fill clerical positions. I do not see that you give us assistance or guidance in that? I am so little acquainted with the actual circumstances, that I am quite afraid of seeming to venture an opinion which lies beyond my knowledge and sphere ; that is the reason of my hesitation. In general, I mi^ht say I do not think there need be very much change as regards the religious service. The chapels, it seems to me, might go on just as they do now, and I do not apprehend that any introduction of Nonconformist students would much alter that. 3317. Chairman.'] SELECT COMMITTEE ON UNIVERSITY TESTS. 325 33^7- Chairman.'] The fear is, not the introduction of Nonconformist students Rev. but of unbelieving teachers ? A. Raleigh, d ». Yes, so I understand. _ 21st March 1871. 3318. Earl of Harrowby.) What we fear is, unbelieving or Roman Catholic teaching; I mean doclrines that differ so widely that they cannot very well be taught from the same chair ? A complete separation of the religious from the secular, and the leaving of the religious teaching entirely to voluntary action, would practically solve the ques- tion, but of course I see that that is a" thing quite in the distance. The question is, what is the best thing to do for the present circumstances. 3319. Lord Colchester.'] With reference to an expression you used just now, are you aware that no student is excluded from the Universities or colleges on account of his religious belief at present ? Yes, I am quite aware of that. 3320. And that he is not excluded from any endow, nent for the use of under- graduates? One of my own nephews entered Balliol the other day with distinction. [The Witness is directed to withdraw. The Reverend JOHN STOUGHTON, d.d., is called in; and Examined, as follows : 3321. Chairman.] The Committee are anxious to hear from you what your Rev. views are with reference to the precautions which it is right to take in educa- J - Stoughton, d.d. tional establishments for the maintenance of purity of doctrine? " That, of course, is a very wide question. I can tell your Lordships what Non- conformists do in connection with their colleges, for the purpose of guarding against theological error in those institutions. 3322. Perhaps you will kindly do so. If I were to go into detail I should detain your Lordships n very long time , but I may observe generally that we have several colleges; there are six or seven in England, and there are colleges also in Scotland and in Wales; but I will confine myself to the English colleges. All these colleges of ours have trust deeds, and in those trust deeds there are specifications of the truths which are to be taught. Some of them are more precise; others of them are more wide and general. No subscription is required, either from a professor or from a student; but every student who is admitted to our collegiate institutions is required to be a member of a Congregational church, and to come with the recommendation of his pastor. The whole government of these bodies is vested in a committee or council. That committee or council is chosen by constituents. The constituents consist of those who ate the subscribers to these institutions. These institutions are supported partly by endowments, as you have bean already informed, consisting of bequests made by individuals many years ago. 3323. How many years ago ? There are several different trusts. I have been connected with one of them now for several years, which I suppose is the chief we have in connection with our educational institutions ; it is called " Coward's Trust." 3324. Of what date is that ? It is a trust which was established by a rich merchant of London in the early part of the last century. He was an intimate friend of Dr. Doddridge, and he appointed trustees and left a considerable amount of property to be employed by them for educational and other purposes. 3325. What kind of fund docs that property now yield annually? The trustees have never been accustomed to publish the amount of their revenues ; they differ from year to year, and are reported to the Ecclesiastical Commissioners. According to the terms of the will, only a portion is devoted ~ (17.) s s 3 10 Si st March 1871. 326 MINUTES OF EVIDENCE TAKEN BEFORE THE lic ," to educational purposes, not more than about 500/. a year; but we have also J. Sto ughtmi, d.d. djscivticmai . y powerS) au d W e do add somewhat to the amount which the donor specified should be devoted to educational purposes. 3326. I suppose the trust is kept alive by co-optation, that is to say, by the clecrion of new trustees on the part of the surviving trustees? The trust is constituted in this way : it was formed by the will of the founder. The four first trustees were Dr. Watts, Dr. Guyse, Mr.'Neal, the author of the " History of the Puritans," and another Mr. Neal. i have forgotten, exactly, whether that is the name of the last at this moment; he was a lay gentleman in Loudon. That trust has been perpetuated since by the trustees appointing their successors. The four trustees at the present moment are the Reverend Mr. Binney, die Reverend Mr. Harrison, myself, and a lay trustee, Mr. Wright. 3.327. Have the opinions of the trustees varied very considerably, or at all, from that of the original founder? According to the terms of his will, the doctrines of the Confession of the West- minster Assembly are the doctrines which were specified to be taught, but. no subscription is required either from students or from professors. 3328. Or from trustees? Nor from trustees either; but it is the business of the trustees to see that the terms of the will are carried out. 3329'. Earl of Harrowby .] That is the business of the Court of Chancery? The trustees have always conscientiously endeavoured to promote the ohject which the founder had in view ; ue are subject of course to the control of the Court of Chancery, if there is any occasion for that Court to interfere. 3330. Chairman.] In the exercise of your duties as trustee, you would think it quite right to see that the tutors of any college with which you were connected tauuht the doctrines of the. Catechism, would you not ? Of course we should give rather a liberal interpretation to the will, with regard to all the minutiae of the Westminster Confession ; but, substantially, what is understood by Evangelical religion has been maintained in the trust from the beginning, and is s-tiil. We should interfere if a tutor were to teach what Ave considered to be diametrically opposed to the spirit of the Westminster Con- fession ; by which I mean what is generally denominated by the words Evan- gelical religion. 3331. If you found that lie was teaching either Roman Catholic or Soe.nian doctrines you would interfere ? Certainly. 3332. You would think that there was no breach of the liberty of the subject, or of any principle of equality involved, in your doing so ? No ; but regarding the matter from our point of view, we look upon our trust as being in a perfectly different position from a college at Oxford and Cambridge. 3333. Will you compare this Coward's Trust with Worcester College at Oxford, which was founded at the same time, and show me in what way the revenues of Coward's Trust differ from those of Worcester College ? There is a ve;y great difference between the two cases. We are simply connected with voluntary churches; our ministers are educated for voluntary churches ; the whole affair of Coward's Trust has been voluntary from beginning to end, whereas Worcester College forms part of a national University ; it comes under its wing ; it has advantages in the way of prestige and social position, and so on, arising from that connection. 3334. You think that anything that touches the national University comes under the yoke at once ? I think it must. 3335. Lord Houghton.] It pays something for its grandeur? Yes. My reading of the history of England is this: if you have a Church Establishment, \ou cannot carry out ecclesiastical discipline. Ecclesiastical dis- cipline and voluntaryism go together. If you have an Establishment with the advantages of an Establishment, and I admit with regard to wealth and position that there are many advantages in an Establishment, that necessarily prevents your SELECT COMMITTEE ON UNIVERSITY TESTS. 327 your exercising- discipline. It was so under the Commonwealth, when Presby- Rer. tenanism and Independency were prevalent. /. Stougteon, d.d. i ^-Chairman.} The question is, whether Parliament has a moral right to aistM^T^,. deal with Worcester College in a manner in which it has not a moral right to — deal with Coward's Trust r & 1 admit that difference between a moral and a constitutional right. Of course Parliament has a constitutional right ; how far it has a moral right is quite another question. 1 do not say anything about that. 3337. Parliament has a constitutional right to cut off our heads ? In a certain sense. 3338. But it is supposed generally to be restrained by certain moral rules • do you think that, within those moral rules, it has a right to take away the endowments of Worcester College any more than the endowments of Coward's Trust from the maintenance of the doctrines which the founder intended to sustain when he left this endowment ? In the case of Worcester College I am not exactly aware at this moment what the statutes and what ihe nature of the endowments may be ; but I think that being identified with the Episcopal Church, the endowments of that college ought to be held to be for purposes connected with the Episcopal Church. .3339- Of course you would extend that to all foundations of which it might in fairness and justice be said that the founder intended that they should be* in con- nection with the doctrines of the Episcopal Church ? That is, of course, a large question, and 1 should feel a difficulty, without any qualification, in committing myself to a general principle upon that subject. 3340. I do not suppose that your principle, whatever it was, would be affected by the amount of money involved ? No. 3341. Earl of Harroztty.] Nor by the religious tenets that were taught by means of the endowments ? No, certainly not; of course it is a complicated question, as your Lordship is perfectly well aware. Looking back upon the history of England, and seeing how endowments have been dealt with, it might be said that a moral injustice was done when the endowments which had been given for Roman Catholic pur- poses were applied to Protestant purposes. There was a vast amount of money left for masses, and that money is not spent now for masses. Morally, I think that alienation of it was wrong; constitutionally, I suppose it was right, and people must submit to that. 3342. Chairman^] You do not think that because that act of violence was once committed, that it has consecrated the spirit of confiscation for all time ? No. 3343. Going from that principle of law, are you of opinion that it is desirable that provision should be made for the religious teaching of such undergraduates as choose to avail themselves of it. Certainly, I should say so in a University ; but then that may be done without any specific test. 3344. Can it be done without applying either the principle of tests or the principle of selection ? I apprehend that the principle of selection must be adopted. 3345. Then there must be somebody to select: Yes. 3346 How are you to set at that person who is to select ? The question would arise, do you refer to the teaching in colleges which have distinct endowments of their own, or to teaching in the chairs of professors connected with the University in general ? 3347. I would set aside the teaching in the chairs of professors; let us restrict ourselves to the coUeges ; you say you would accept the principle of selection for the purpose of the maintenance of the purity of belief in teachers ; who should select those teachers ? In our case the trustees select. (]7.j s s 4 3348- Th e 328 MINUTES OF EVIDENCE TAKEN BEFORE THE Rev. 3348- The colleges at Oxford and Cambridge having been unfortunate enough J. Stoughton, d.d. tQ acce pt a deed of incorporation, do not possess trustees ; what is to be done in " T their case ? 2 m March 16 71. j dQ nof knoWj j am Slu . e> 3349. You think that by that act of folly they liave put themselves out of the pale? I think, if people put themselves in that position, they must get out of it as they can. We, as Nonconformists, would not think of putting ourselves in that position. We would not give up the theological government of our colleges to anybody. 3350. Earl of Harrowby.] You would not give up the government of your colleges because it would produce a bad resub ; is not that so ? We, as Evangelical Nonconformists, attach immense importance to theological truth, and therefore we are very anxious to have safeguards. 3351. Is it not very natural that Evangelical Churchmen also should feel anxious in the same manner that you do yourselves, and that they should not be satisfied with the removal of all those securities which you yourselves think requisite ? If I may be allowed to say so, the question is, What is the most effectual safe- euard i we sav that tests are not effectual. 3352. What is the safeguard you would give us in exchange ; admitting that the object is a desirable one, you say that tests are a bad means of attaining the end ; what would you give us in exchange for them ? I see a great difficulty in doing anything in connection with the Establishment to secure it, but I see no difficulty in attaining the end in connection with our voluntaryism. 3353. Your remedy would be the abolition of all endowments, would it ? No, certainly not. 3354. Then how would you get the advantage of the voluntary system where there are endowments which are not depending upon the annual feelings and wishes of subscribers ? When I speak of endowments, I speak of voluntary endowments. Voluntary endowments and national endowments are distinct things. We value voluntary endowments in connection with our colleges; we could not get on without them. 3355- We have a great number of voluntary endowments too ; do you propose to sweep away all our voluntary endowments ? No, certainly not ; I for one would never think of such a thing. 3356. You have a security for your religious teaching by means of a set of trustees who represent the common opinion of the body ? Yes. 3357. You are going to take away, or you wish to take away, from us the secu- rity we have, whether it is a good one or a bad one, in the test ? Yes ; we wish to see tests removed. 3358. What secui'ity do you suggest instead ? There I see a difficulty inconneciion with the Establishment. The way in which we consider we can secure that object is this ; the constituencies of our colleges are composed of men who profess religion, who feel an interest in religion, who are thoroughly decided about it. They elect the governing bodies of our colleges : the governing bodies of cur colleges are all religious men, and are men whose heart and soul is in the cause of religion. They look out for persons who sympathise with them, and so, by a sort of esprit de corps, we secure our object. 3359- Would you have any objection to our electors being guided and governed, in their choice of teachers of religion, by religious considerations, as yours are ? Certainly not ; I should think it would be very desirable. 3360. Then SELECT COMMITTEE ON UNIVERSITY TESTS. 329 3360. Then you would not wish to remove from the statutes of our colleges l* ev ' the instruction that in the election to fellowships the interests of religion should J ' Siou S hton > D - D> be considered ? I should not, certainly, for one. 21 st March l8 7 '- 3361. That is one way of arriving at the same resulf. Instead of imposing a test upon the person who is elected, instruction is given to those who are the electors as to the objects that they are to keep in view. Would there be any- thing very objectionable iu that mode of proceeding, which is, in fact, very nearly equivalent to the proceeding of the trustees of the Coward's endowments ? The cases are not quite parallel, upon the ground which I have already pointed out. The whole nation claims an interest in your Universities, or rather our Universities, for they belong to the nation. But the whole nation claims no interest whatever in Coward College, or in any other college we have. 3362. Are you prepared, then, to meet the contingency of Roman Catholics or Socinians teaching in positions of authority in our colleges ? I confess there is very great difficulty in that matter. 3363. What security would you provide; ours may be. an imperfect security, but as far as it goes it is in the right direction ? I do not know what can be suggested. 3364. You are not surprised that we should be arrested by the difficulty for a moment, and think it of some importance ? Certainly not ; but I think there is a fear prevalent just now of heterodox opinions, which is not well founded. I think there is an alarm at the present day with regard to the spread of Popery on the one hand, and of Pantheism upon the other, in the Universities, which is unfounded. 3365. Lord Stanley of AlderleyJ] After this Bill has passed, and many Non- conformists have gone to the Universities, will you not be as much interested as the members of the Church of England are in keeping out free-thinking and infidel teaching ? I apprehend that if the Universities were thrown open, and a very large number of Nonconformists went to them, in course of time we should have theological halls of our own formed, and we should secure teaching in accordance with our own views. 3366. I did not refer to that. I asked whether you would not wish to prevent the teaching of free-thinking doctrines? Yes, I should be very anxious indeed to prevent it. The question is how is it to be prevented ? 3367. So that you are interested equally with members of the Church of England in finding a safeguard ? So far as you have anything in connection with your colleges like our trust deeds, you must look to them, I suppose, as we do, and endeavour to carry them out. 3368. Earl of Harrowby.~] But Parliament is threatening to interfere with our trust deeds ; that is the difficulty ? I see the difficulty that your Lordship has put. 3360. Chairman^] Parliament wants to insert in our trust deeds a provision that we shall not have tests, and we say if you object to the principle of tests, we should like to know how we are to provide the safeguards which, in common with all Nonconformists, we regard as of the utmost importance for the purity of the teaching that is given to our young men ? In point of fact, we look to our public opinion as the great safeguard, and you must do the same. ■mo Earl of Harrowby.] How could public opinion be brought to bear upon little college cliques, especially if some of the fellows were not residing at the college, but living away from it, and taking no interest habitually in the teaching which was carried on there ? . . I apprehend that public opinion must influence them ; everybody is influenced by^public opinion. Tt ^ y Rev. J. Stoughton, 21st March 1871. 2 1st March 1871. 332 MINUTES OF EVIDENCE TAKEN BEFORE THE llev. ject, and my impression, from what I have gathered in conversation with them, Stonghton, d.d. an( j f rom mv own observation, is, that the passing of this Bill, so far from damag- ing the interests of religion, will, in the long run, tend to promote them. 3391. Have you contemplated what the effect would be that would be pro- duced in the minds of the Nonconformists who will attend the University, either under the present circumstances or under the circumstances which would be developed by this Bill, as apart from those training for the ministry ? There are several Nonconformists at Cambridge, and there are many at Oxford. I have not the pleasure of being much acquainted with those who are at Oxford. I know some of those who are or have been at Cambridge, and they speak highly of the religious atmosphere which exists there : they themselves also are pro- ducing, I believe, a moral and religious influence which is beneficial. 3392. Do you think that ihere would be aay difference in the effect produced upon their minds when they attended the University as a considerable body, instead of, as now, attending it as a very small minority? No, I apprehend not ; I should rather hope that the more numerous they were the more beneficial would be the influence received and given. 3393- Lord Colchester.] Will you explain exactly the sense in which you used the terms which you often referred to, of " voluntary endowments" and " national endowments," and how you would apply either of these terms to the endowment of the University or the colleges. I did not understand the distinction you drew between them ? There are, I suppose, some of the endowments of the University which must be considered as national endowments, inasmuch as the State has endowed the Episcopal Church of England with them. The endowments having, in the first instance, been left for other purposes, must now be considered as national endow- ments, and not as voluntary endowments, on the part of the original donors, because they are appropriated to another purpose altogether than that for which the donors bestowed them. 3394- What would you say as to post-Reformation endowments ? Those endowments which have been acquired from bequests since the Reforma- tion I should put in a different category. 3395. Should you object to such endowments being retained by the Church of England, whether that ceased to be the Establisbed Church or not, while the others were what you would call nationalised ? Upon such a question it might be presumptuous, perhaps, in me to express any opinion, as it would be only my individual opinion, and my individual opinion would not carry any weight with it. 3396. Do you see any objection on the ground of justice, if the Church of England includes about half the nation, that it should retain rather less than half the endowments of the University ? My general view with regard to endowments is, that they should be appro- priated to the objects for which they were intended by those who instituted them. 3397- You are aware that, to a great extent, the endowments of the Univer- sities, and still more of the colleges, were not established out of money derived from public sources ? I am aware of that. 3398. You have stated that, in the case of voluntary endowments, securities might be taken which could not be taken in the case of national endowments; would you apply that to the post-Reformation colleges, or the post-Reformation endowments, formed by individuals who wished that those endowments should be devoted, as the usual phrase is, for the support, of religion and learning ? I have always been accustomed to look at the endowments made since the Reformation, that is to say, the endowments strictly of the Episcopal Church, as being in a very different position from the endowments which have been dealt with by Parliament, and which are now applied to purposes for which they were not originally intended. 3399. Might it not. fairly be contended that the University was the more truly national, if each of the parties into which the nation was divided were repre- sented SELECT COMMITTEE ON UNIVERSITY TESTS. 333 sented in it, the undenominational party having some of the endowments, and Rev. the denominational party having others ? J- Stoughton, d.d. Yes ; if I understand your Lordship's question aright, it would seem to me to ~ T be fair that there should be some representation of the denominational party, and 2 m March l8 7 '" some of the undenominational party. ' 3400. In fact, the absolute ascendancy of tlie undenominational principle would render the Universities less truly national than what I suggested, would it not, because it would not represent the feelings of both sections of the nation ; should you deny that that might be fairly contended ? I think it might. 3401. Earl of Harroijoby.] I think we clearly see that you would look with regret at anything which really banished religious teaching from our Univer- sities f Unquestionably I should. 3462. You are not one of those who would insist upon our Universities being made places of merely secular instruction ? No, 1 should not; but I must say, as I said before, the means are another question altogether. 3403. Chairman.] We only differ as to the instrument, not as to the end ? Yes, precisely. 3404. Earl of Harrowby.] Do you not believe that the voice of the country last year, with regard to elementary education, pronounced very loudly in favour of religious teaching not being separated and set apart from secular teaching. That is, of course, going into another subject, and there are great diversities of opinion, as your Lordship is aware, amongst Nonconformists upon that question. 340,5. Having regard to the elections to the School Boards, and to the general tone prevalent throughout the country with regard to that subject, you would infer, would you not, that the general desire was that whatever the religious teaching was, it should not be set aside and eliminated from'the common teaching of our schools? I should say, generally, that Nonconformists are exceedingly anxious for a religious element in education. The only difference between them is this : that some think the religious element had better be introduced apart from the secular element, while others think that it should be connected with it. 3406. Some think that they can catch the pupils in separate nets afterwards ; others think that the nets will not be wide enough to catch them all ? Yes. 3407. Chairman.'] Did I understand your view to be that all tests were objectionable, or only those tests which tended unduly to narrow the area of selection ? I would rather say that tests of all kinds seemed to me to be useless; they do not accomplish their object. Men have all kinds of ways of getting out of them. It does not seem to be possible to catch men by tests. 3408. Because people's consciences are too elastic? I do not know that I should say that, because men may be conscientious not- withstanding they do things which I should not deem to be right. I should not like to judge another man, and to say that he has not a conscience because he does what I should not like to do. 3409. You think that the state of things in the Universities shows that several people have done things which you would not like to do 1 Certainly. The Witness is directed to withdraw. Ordered, That this Committee be adjourned sine die. (170 TT 3 ( 334 ) [ 335 J APPENDIX. (17.) T T 4 [ 336 ] LIST OF APPENDIX. Appendix A. Paper handed in by Mr. Hartog, 3 March 1871 : page. List of some of the Persons who have taken Honours within the last few Years, who have been excluded from Fellowships by objecting to the Tests ..... 337 Appendix B. Paper handed in by the Rev. Henry Allon, 14 March 1871 : Deed of Trust of the College at Cheshnut ........ 338 Appendix C. University Tests Bill : — Declaration transmitted to the Prime Minister in February 1870 - 349 Petition presented to the House of Commons on the 23rd May 1870 .... 351 Petition of the Chancellor, Masters, and Scholars of the University of Oxford to the House of Commons, dated 2 June 1863 - - - - - . - . . - 353 Appendix D. New College, October Term, 1870 .......... 360 Appendix E. Paper handed in by Mr. Hume : Analysis of Appendix to Report of the Lords Select Committee on Universities Tests Bill, 1870, as regards Fellowships and College Officers - ..... 361 [ 337 ] APPENDIX, Appendix A. PAPER handed in by Mr. Hartog, 3 March 1871. Appendix A. LIST of some of the Persons who have taken Honours within the last few Years, who have been excluded from Fellowships by objecting to the Tests. 1860 1861 1863 1866 1869 1871 1868 1869 1870 1865 1868 1869 Mathematics : Stirling (Trinity) Aldis, W. S. (Trinity ) Aldis, J. A. (Trinity) Aldis, T. S; (Trinity) Toller (Christ's) Hartog (Trinity) Hopkinson (Trinity) - Spence (Pembroke) - Classics : Wilkins (St. John's) - ifceed (Trinity) - Tarring (Trinity) Warr (Trinity) - Davis (Christ's) Natural Science Goodman (St. Peter's) Moral Science: Armitage (Trinity) - Law: Fitzgerald (Christ's) - Senior. Senior. Fifth. Second. Seventh. Senior. Senior. Third. Fifth. Thirteenth. Fourteenth. Third. Twelfth. Senior. Second. Second. (17.) Uu 338 APPENDIX TO REPORT FROM THE Appendix B. PAPER handed in by the Rev. Henry Alton, 14 March 1871. COPY DEED OF TRUST OF THE COLLEGE AT CHESHUNT. Appendix B. This Indenture made the First day of February, in the Thirty-third year of the reign . of our Sovereign Lord George the Third by the Grace of God, of Great Britain, France, and Ireland King, Defender of the Faith, &c, and in the year of our Lord One thousand Seven hundred and Ninety-three, between Thomas Long Sheen, of the parish of St. Andrew, Holborn, in the county of Middlesex, brazier, of the one part, and James Oldham Oldham, of the said parish of St. Andrew, Holborn, Esquire, Mathias Peter Dupont, of Aldersgate-street s in the City of London, innholder, Thomas Weatherill, of Coldbath- square, in the parish of St. James, Clerk enwell, in the said county of Middlesex, gentle- man, William Hodgson, of Lothbury, in the said City of London, merchant, William Langston, of Gutter-lane, in the said City of London, wholesale haberdasher, Henry Batley, of Se ward-street, in the parish of St. Luke, in the said county of Middlesex, druggist, William Astle, of Portpool-lane, in the said parish of St. Andrew, Holborn, leather seller, and John Lloyd, now or late of Reading, in the county of Berks, Esquire, of the other part. Whereas the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and divers other persons, did, sometime on or about the Seventeenth day of October, in the year of our Lord One thousand Seven hundred and Eighty-seven (at the request, and under the patronage of the late truly pious and Right Honourable Selina, Countess Dowager of Huntingdon), form themselves into a society called the Apostolic Society, and did open and set on foot a subscription in order to raise a stock or fund, for the founding and establishing a College or Seminary for the education and instruction of truly pious and well disposed young men whom the Lord should call to the work of the ministry of the Gospel of Christ, and for the future and permanent support thereof after the decease of the said Countess of Huntingdon. And whereas the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and others, did continue to collect and receive donations, and sub- scriptions from pious, benevolent, and charitably disposed persons towards the establishment, support, and maintenance of the said intended College or Seminary until the month of February, One thousand Seven hundred and Ninety-two, when the whole of their stock so collected and received, amounted to the sum of One thousand pounds. And the said James Oldham Oldham, as well at the particular request of the said late Countess of Huntingdon, as by the unanimous desire and request of the said other persons, was ap- pointed the treasurer of the said society. And whereas the said James Oldham Oldham, at the request, and with the consent and approbation of the said Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, did purchase of and from the Rev. Herbert Mayo, Doctor in Divinity, and Anne Shaw, widow, the messuage, tenement, or dwelling-house, with the appur- tenances, and the several closes, fields, or parcels of land thereunto belonging, situate at Cheshunt, in the county of Hertford, and hereinafter more particularly mentioned and described, at or for the price or sum of Nine hundred and Fifty pounds, and the same by indenture of bargain and sale of four parts enrolled in the High Court of Chancery, bearing date the Twenty-ninth day of February, One thousand Seven hundred and Ninety- two, and made or mentioned to be made between the said Herbert Mayo of the first part, the said Anne Shaw of the second part, the said James Oldham Oldham of the third part, and the said Thomas Long Sheen of the fourth part, were duly conveyed to the said Thomas Long Sheen, his heirs and assigns, in trust nevertheless for the said James Oldham Oldham, his heirs and assigns for ever. And whereas the said sum of Nine hundred and Fifty pounds, so paid by the said James Oldham Oldham, for the purchase of the said SELECT COMMITTEE ON UNIVERSITY TESTS. 3*59 said messuage, tenement or dwelling-house, closes or parcels of land and hereditaments Appendix 3, as aforesaid, was the proper money of the said society, which he the said James — — - Oldham Oldham doth hereby acknowledge. And whereas the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, "William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, are desirous of having the said messuage, tenement, or dwelling-house, closes or parcels of land and hereditaments conveyed to them upon the trusts and for the intents and purposes hereinafter mentioned. And whereas the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, have continued, and do still continue, to collect and receive the subscriptions and donations of benevolent and charitably disposed persons towards the establishment, maintenance and support of the said College or Seminary, and their stock or fund now amounts in the whole to the sum of Five hundred pounds, which they the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, do agree to stand possessed of and interested in, and to pay, apply, and dispose thereof in and upon the trusts and for the intents and purposes hereinafter mentioned. Now this Indenture witnesseth, That for and in consideration of. the sum of Five shillings of lawful money of Great Britain to the said Thomas Long Sheen in hand well and truly paid by the said James Oldham Oldham, Matthias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, at or before the sealing and delivery of these presents, the receipt whereof he the said Thomas Long Sheen doth hereby acknowledge. He the said Thomas Long Sheen (at the request and by the direction and appointment of the said James Oldham Oldham, testified by his being made a party to and sealing and delivering of these presents) hath granted, bargained, sold, aliened and confirmed, and by these presents doth grant, bargain, sell, alien, and confirm unto the said James Oldham Oldham, Matthias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, their heirs and assigns, all that°niessuage, tenement, or dwelling-house, situate, standing and being in Cheshunt aforesaid, at a certain place there, called Cheshunt Church Gate, fronting towards the west on Church-street, abutting north and north-east on the Green Dragon Inn, and the yard belonging thereto, the property of Mr. Brett, now in the tenure of J. Buskin, and south on land belonging to John Delamere, Esquire. And all that close of pasture-ground adjoining thereto at the north-west corner thereof, containing by estimation three acres or thereabouts, abutting north on the said Green Dragon-yard, and on land belonging to Elizabeth Henshaw, widow, in the tenure of Auberry, south-east on the New River, and west on land of the said John Delamere, the south wing of which said dwelling-house, with the coach-house, stabling, and out-buildings, were erected by John Gwilt Esquire, deceased, and the other part of which said dwelling-house, with the said close of o-round, were purchased by the said John Gwilt of Philip Bulling, of Cheshunt aforesaid? peruke maker, and the same were duly conveyed to him, his heirs and assigns, bv indentures of lease and release, bearing date respectively the Second and ihird days ot June, One thousand Seven hundred and Forty-two, and which said close of ground was afterwards converted by the said John Gwilt. into a garden and orchard, and has been since occupied as such with the said messuage. And also all that field, close, or parcel of meadow or pasture land, formerly a garden or nursery, with the barn and stable standing at the south-east corner thereof, situate in Cheshunt aforesaid, containing by estimation seven acres, more or less, now or lately called the. Six-acres FieM, or River or Bridee Field, abutting east on land heretofore in the possession of Robert Duck, but now belonging to Richard Wright, and in the tenure of Henry F ant, south on a lane called Watef-lane, leading from Turner's Hill to Cheshunt Church, west and I north-west on the said New River, by which it is divided from the said garden and orchard, and north on the said land of the said Elizabeth Henshaw, which said last-mentioned field lor close of arable land (whereon a messuage or tenement, shop and forge, occupied by William Cordell farrier, and the said barn and stable formerly stood but which said messuage shop, andfoie were Xrwards pulled down by the said John Gwilt) were purchased by him the stkf jX Gwul of Timothy Davisf Eleanor his wife and William Tate, and the same were dulvclnveyed to him," his heirs and assigns, by indentures of lease and release bearWdate ^respectively the Twenty-seventh and Twenty-eighth days of April, One ^SdS?yerffie/and Fifty-seven, which said messuage, tenement, or dwelling- thousand beven nunur bar ^ ail]ed an d sold with the out-buildings, garden, and house, intended to be nereDy Dargdimju Seminarv for the education and appurtenances, are now occupied as and foi a Cogjp^^J^ and ^ instruction *J^^^J^"ji&,%H£&* and stable" thereon, were said last-mentioned field close ™ P a ™ ei ° ia ™> h f b t . now in the occupation of late in the <^^^^ cA ^±S^ t ^Zl College or Seminary, "together ^T^ZJ^^^^Les, br^stable^coach^es, c^ourt-yards, waieie, wam-wu.™, , x " " w Wsoever to the said messuage, tenement or easements ^^«^' ^^ ? 5^ r ^TlSd. hereditament*: and premises dwelling-house, %™ A f>J™ h ™ d ' $£ JJ^wS a ll fixtures and things belonging or in hereby bargained aud jsokl Tog ^^ ^ the reversion and reversions, remainder anywise appertaining or ^nexed there to a gaid hereditaments and and remainders, yearly and other rents^smies, ana P premises, 340 APPENDIX TO REPORT PROM THE Appendix B. premises, and every part and parcel thereof. And all the estate, right, title, interest, use, trust, possession, property, profit, claim, and demand whatsoever, both at law and in equity, of him the said Thomas Long Sheen, of, in, to, or out of the said hereditaments and premises hereby bargained and sold, or any part or parcel thereof. And also all deeds, evidences, and writings touching or concerning the said messuage, tenement, or dwelling-house, garden, and orchard, close or parcel of land, and all and singular other the premises hereby bargained and sold, or any part or parcel thereof solely. And true attested copies of all such other deeds, evidences and writings as relate to the title of the said premises, or any part thereof, jointly with any other hereditaments which are now in the custody or power of the said Thomas Long Sheen, or which he can or may get or procure without suit at law or in equity. To have and to hold the said messuage, tenement, or dwelling-house, garden, and orchard, close or parcel of land, and all and singular the hereditaments and premises hereinbefore mentioned and intended to be hereby bargained and sold, and every part and parcel thereof with the appurtenances thereto belonging, unto the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, "William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, their heirs and assigns, to the only proper use and behoof of the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, their heirs and assigns for ever. Yet nevertheless upon the several trusts and confidences, and to and for the several intents and purposes, and under and subject to the several limitations, conditions, pro- visoes, and agreements hereinafter limited, expressed, contained, and declared, of and concerning the same (that is to say), upon trust that they the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, and the survivors and survivor of them, and the heirs and assigns of such survivor ; and all future Trustees to be appointed in the manner hereinafter mentioned, do and shall for ever hereafter permit and suffer the said messuage, tenement, or dwelling-house, garden, orchard, hereditaments, and premises, to be used and occupied as and for a College or Seminary for the education and instruction of truly pious young men, whom the Lord shall please to call, and who may be desirous of devoting themselves to the work of the Ministry of the Gospel of Jesus Christ, at home or abroad, and to be duly qualified with sufficient learning and instructions suitable and proper for such an important office, according to the plan, and subject to the rules, regu- lations, and restrictions already established, or hereafter to be made and established for that purpose. And the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, do hereby severally and respectively agree and declare that they, and the survivor or survivors of them, and the executors, administrators, and assigns of such sur- vivor, and all future Trustees to be appointed in the manner hereinafter mentioned, shall and will, now and at all times hereafter, stand possessed of and interested in the said stock or principal sum of Five hundred pounds, so collected and received by them as donations and subscriptions from divers benevolent and charitably disposed persons, and of all other sum or sums of money hereafter to be collected and received by them or any of them as legacies, donations, and subscriptions as aforesaid. And also of the interest, dividends, and annual produce thereof, in trust for, and shall and will pay, apply, and dispose of the interest, dividends, and annual produce thereof, or all or any part of the principal thereof, as occasion shall require, and as they the said Trustees, and the sur- vivors and survivor of them, and all future Trustees to be appointed in the manner here- inafter mentioned, or the major part of them for the time being, shall in their discretion think proper in and towards the establishing, maintaining, supporting, and perpetuating the said College or Seminary according to the plan, and subject to such rules, regulations, and restrictions as are hereinafter more particularly mentioned and referred unto for ever hereafter, or so long as the laws and Statutes of this Realm shall tolerate or permit the same. And also for and towards the maintenance, finding, providing, and keeping of one or more sufficient and qualified person or persons to be president or presidents, tutor or tutors of the said College or Seminary, who shall be employed in teaching and instruct- ing all and every the young men who shall be admitted into the said College or Seminary in all useful learning and knowledge, agreeably to the rules and orders already established, or hereafter to be established by the said Trustees, or the major part of them for the time being for that purpose. And also upon this further trust, intent, and purpose that they the said Trustees for the time being, or the major part of them, shall and may from time to time, when and immediately after any sum or sums of money shall be collected and re- ceived by them, or come to their hands as rent, interest, dividends, or produce of property vested in them for the purposes aforesaid, or as legacies, donations or subscriptions for and towards the support and maintenance of the said College or Seminary, and until the same shall be wanted to be paid and applied towards the support and maintenance thereof, according to the trusts thereof in these presents contained, to place and invest all and every the said sum and sums of money which shall be so received by them, or come to their hands as aforesaid, in the public funds, or in the purchase of Parliamentary Stocks, or upon Government Securities, at interest in the names of such four of the said Trustees as shall be from time to time nominated for that purpose by the majority of all the said Trustees for the time being. And it is hereby declared, That such four Trustees in whose names such stocks, funds, and securities shall be placed, shall, immediately after the transfer of such stocks, funds, and securities, give a declaration under their hands to the SELECT COMMITTEE ON UNIVERSITY TESTS. 341 "™ ,? th f l VUS \ ees ', b 7 T^- h they Sha11 acknowl edge that all sums then placed or after- Appendix B. I™ „ Jt ^ C i^ ^r names were so placed in trust for the Apostolic Society. P — if S.P «Sl fn 7 T irt l ier d ' ClarC u d ' That When and as often as Jt sha11 Wpen that two rfJS A-lllh ^ T 1*1, wh . ose na ™s the said stocks, funds, or securities shall be for ?n4 nf tL 'i^ ^i reSlgn ' ? r be rem0ved from bein g a Trust <* of the premises T™Z> £ causes hereinafter ment 10 ned, Then and in such case that such of the said Irusteesas shall survive, and also such of the said Trustees as shall resign orbe removed from ^he said Society shall transfer all and singular the stocks, funds, and securities standing an their names into the Names of the two old Trustees who shall be surviving, and shall not have resigned or been removed, and into the Names of the two others of the said Irustees who shall be so nominated for that purpose by a majority of all the said Trustees. And it is hereby declared and agreed by and between the said parties to these presents, That it shall and may be lawful to and for the said four Irustees tor the time being, at the request and by the direction of a majority of all the said Irustees for the time being, and they are hereby required so to do, from time to .time, to call in all or any part of the principal money so to be invested or placed out, and again to invest, transpose, and place out the same or any part or parts thereof at interest upon any such like new or other funds, stocks, or securities. And that the interest, dividends, and profits which shall at any time or times arise or be produced from such stocks,. funds, and securities, shall, from time to time be paid and applied, together, with the whole or any part of the said principal money, if necessary, towards ^he maintaining, supporting, and perpetuating the said College or Seminary, according to the plan hereinbefore mentioned, and the original intention of the said institution. And it is hereby further declared and agreed by and between the said parties to these presents, in conformity to the intention of the said late Countess of Huntingdon, and in order to provide for the government and regulation of the said College, that they the said Trustees, and all future Trustees to be appointed in the manner hereinafter mentioned, do and shall, from time to time, as often as there shall be occasion, elect, nominate, and appoint, by a majority of voices, one or more sufficient and qualified person or persons to be president .or presidents, tutor or tutors, of the said College or Seminary, to teach and instruct the young men who shall be admitted as students into the said College or Seminary as afore- -6aid, agreeable to the rules and orders already established, or hereafter to be established, hj the said Trustees, or the major part of them for the time being, for that purpose. And •that it shall and may be lawful for the said Trustees, and for all future Trustees of the Apostolic Society, upon the election of any president or tutor of the said College to call in to their assistance one or more of the principal ministers serving in the connection of the late Countess of Huntingdon, or any other minister or ministers, whom the said Trustees for the time being shall think proper, for the purpose of examining into the learning, abilities, and other qualifications of such person or persons as shall offer themselves to itecome presidents or tutors of the said College, and that the said Trustees for the time being shall, after such examination as aforesaid, and after consulting the said minister or ministers respecting the several qualifications of the persons so offering themselves to become presidents or tutors of the said College, proceed to the election of a president or tutor by a majority of voices of the whole number of Trustees for the time being, and no person or persons shall be appointed the president or presidents, tutor or tutors of the said College or Seminary as aforesaid, unless immediately before such election, nomina- tion, and appointment, he shall solemnly declare, in the presence of the said Trustees, or the major part of them for the time being, his entire abhorrence and renunciation of all Pelagian, Arian, Socinian, Antinomian, and Arminian doctrines and principles. And -also shall, previously to his or their appointment, assent to, profess, and embrace, ex anim.6, •and sign, and subscribe the doctrines comprised in the Fifteen Articles, or Confession of Faith, contained in the Schedule hereunder written. And upon this further trust, intent, and purpose, that they the said Trustees and all future Trustees to be appointed in the manner hereinafter mentioned, shall yearly, from time to time, and at all times hereafter, -satisfy, pay, and allow unto the president or presidents, tutor or tutors, and all other officers which the said Trustees, or the major part of them for the time being, shall think proper to appoint of the said College or Seminary for the time being, such salary and sums of money, and -to be paid at such days, times, and places, as shall be concluded and agreed upon by the said Trustees, or the major part of them for the time being, by and out of the said stock or prin- cipal sum of Five hundred pounds, or the interest or dividends thereof, and the legacies, donations, annual rents, and subscription, from time to time, to be collected and received by them and which shall come to their hands for the uses, intents, and purposes aforesaid. And in case any president or presidents, tutor or tutors, so to be elected, nominated and -appointed as aforesaid shall teach, preach, or propagate any Pelagian, Arian, Socinian, Antinomian, or Arminian doctrines in the said College or Seminary, or any doctrines con- trary to those comprised or contained in the said Fifteen Articles or Confession of Faith, ,or shall prove immoral in his or their conduct, or be negligent or inattentive to his or then- duty as a president or presidents, tutor or tutors of the said College or Seminary, or shall rejector refuse to comply with the rules and orders thereof, already made or hereafter to be made for the government and regulation of the said College, or shal at any time or in anywise act or behave and demean himself or themselves so as to incur the displeasure and disapprobation of the said Trustees, or the major part of them for the tune benig That then and in such case, and so often it shall and may be awful to and for the said Trustees jmd their successors, Trustees in the premises, or the major part of them for the / -I y \ u u 3 time 342 APPENDIX TO ItEPOKT FROM THE Appendix B. time being, to dismiss, deprive, remove, and expel such president or presidents, tutor ' or tutors from the said College or Seminary. Axd further, that the said Trustee, and all future Trustees to be appointed in the manner hereinafter mentioned, when and as often as the said College or Seminary shall become vacant, destitute, void, and without a presi- dent or presidents, tutor or tutors, either by removal, departure, death, or by any other ways or means whatsoever, shall and may, with all convenient speed elect, nominate, and appoint in manner aforesaid one or more other sufficient and proper person or persons to be president or presidents, tutor or tutors of the said College or Seminary in the room and stead of him or them so removed, departed, or deceased, as aforesaid. And upon this further trust that they the said Trustees, and all future Trustees to be appointed in the manner hereinafter mentioned shall and will, from time to time, and at all times here- after elect by a majority of voices such a number as is hereinafter mentioned of pious, Godlyyoungmentobestudentsin the said College or Seminary in mannerhereinafter men- tioned, who give some evident reason to believe they have experienced a saving work of Grace upon their hearts, and are made willing to give up themselves to the Lord Jesus Christ to serve in the Ministry of the Gospel either at home or abroad, and either in the late Countess of Huntingdon's connexion or otherwise, as they shall afterwards think proper. And that such young men shall be boarded and lodged in the said College or Seminary, and shall continue four years at the most, or two years at the least in the said College after they shall be admitted as students as hereinafter mentioned, and before they shall be sent out as ministers to supply any place of worship not in the vicinity of the said College, except they or any of them shall be adjudged by the said Trustees, or the major part of them for the time being, to be sufficiently qualified to be sent out before that time. And, That there shall always be kept in the said College or Seminary as great a number of pious Godly young men as the fund and finances of the said Trustees for the time being, or their successors' Trustees in the premises, will support and maintain, if so great a number properly qualified, in the judgment of the said Trustees, shall apply to be ad- mitted therein. And upon this further trust, that they the said Trustees, and all future Trustees to be appointed in the manner hereinafter mentioned, shall and will, from time to time, and at all times hereafter, elect, by a majority of voices, such a number of young men as they in their discretion shall think proper to be admitted and received into the said College or Seminary as probationers for the space of three calendar months. And previous to such election the said Trustees shall or may call to their assistance one or more of the principal minister or ministers serving in the connexion of the late Countess of Huntingdon, or any other minister or ministers whom the said Trustees for the time being shall think proper, for the purpose of examining into the pious and gracious dispositions, learning, abilities, and other qualifications of such young men. And that, as soon as con- veniently may be after the expiration of the said three months time of trial or probation shall be expired, the said Trustees, or the major part of them for the time being, with the assistance of the chief president of the said College or Seminary for the time being, or any one or more of the principal minister or ministers of and serving in the late Countess of Hunt- ingdon's connection, or any other minister or ministers whom the said Trustees for the time being shall think proper, shall examine such young men as to their having experienced a saving work of grace upon their hearts, and their motives for entering into, and their abilities for the work of the Ministry of the Gospel, and as to all such other proper and necessary points, matters, and things as they shall in their judgment think requisite and expedient to examine into. And if, after such examination as aforesaid, the said Trustees, or the major part of them for the time being, shall be of opinion that such probationers, or any of them, are properly qualified to be admitted as students into the said College or Seminary, they shall and may thereupon admit such of the probationers as shall be so qualified to be students in the said College or Seminary, according to the plan and inten- tion of this institution. But such probationer or probationers, after his or their examina- tion, and before he or they shall be finally entered and admitted as a student or students into the said College or Seminary, shall, in the presence of the said president or presidents, tutor or tutors, and the rest of the probationers and students of the said College or Seminary, freely, without mental reservation, and without compulsion, or any sinister or worldly selfish view, solemnly, jointly and severally declare that they do believe, confess, and subscribe from their hearts, as essential parts of the Christian Faith, the doctrines contained in the said Fifteen Articles. And it is hereby further declared, That the said student or students, when and as he or they shall have finished his or their studies, according to the time and plan allowed and prescribed by this institution, and in case he or they shall then have attained the age of twenty-one years at least shall be ordained by two or more of the principal ministers serving in the connexion of the said late Countess of Huntingdon, or such other ministers as the said Trustees, or the majority of them for the time being shall appoint, if such student or students shall request and desire the same, such student or students having previously obtained a testimonial or certificate under the hands of the chief president of the said College or Seminary for the time being, and the said Trustees, or the major part of them for the time being, not only of the sufficiency of his learning and abilities, but also of his good behaviour and moral conduct during his residence in the said College or Semi- nary, and immediately before such ordination in the said late Countess of Huntingdon's connexion, such student or students shall again sign and subscribe the said Fifteen Articles or Confession of Faith. But if such student or students shall rather choose or prefer to be ordained and serve in the Established Church or other Churches of Christ, it shall and SELECT COMMITTEE ON UNIVERSITY TESTS. 343 and may be > lawful for him or them, and he or they shall be at full and free liberty so to A m, e ndi, R do m case there shall be an opening or openings in Providence for his or their admission A ™J!^ B ' T?'^ A? D ™ cas * «*?, Probationer or probationers, student or students so to be admitted into the said College or Seminary as aforesaid, shall, after such his or their Zlt 1 ' mG ! r r ° ne °v ? *? 18 ° r , tl ? eir reli S ious Principles, and shall profess, teach, preach, or propagate any Pelagian, Anan, Socinian, Antinomian, or Arminian doctrines or any other doctrines contrary to those comprised and contained in the said Fifteen Articles or Confession of Faith, or shall prove immoral in his or their conduct, or shall neglect and obstinately refuse to comply with the rules and orders of the said College or beminary lhat then and in such case, and so often it shall and may be lawful to and for the said Irustees, or the major part of them for the time being, to dismiss, expel, and remove such probationer or probationers, student or students, from the said College or feemmary And that the said Trustees, or the major part of them for the time being, shall, at their first monthly meeting in every year, nominate and appoint two of the said li-ustees as inspectors or visitors of the said College or Seminary, who shall go to the said College or Seminary twice or oftener in every year, either with or without a minister, as they shall think proper, and inspect and superintend the affairs and concerns thereof, and examine and see that the same is managed and carried on according to the orioinal plan, foundation, and _ intention of the said institution. And as the present Trustees generously give up their time and trouble in managing, superintending and carrying on the design of this institution without any salary, fee, or reward for the same, it is there- fore hereby declared, That no future or succeeding Trustee or Trustees, who shall at any time hereafter be appointed a Trustee or Trustees of the said College and Seminary, shall, on any pretence whatsoever, be allowed any salary or other sum of money under the name of expenses or otherwise howsoever. And Further, That it shall and may be lawful to and for the said Trustees and all future Trustees of the said Apostolic Society, or the major part of them for the time being, at all times for ever hereafter to make all such rules, orders, and regulations as shall from time to time be thought requisite and necessary for the internal government and regulation of the said College or Seminary, and the pre- sidents, tutors, secretaries, probationers, and students thereof, and for the general govern- ment and regulation of the said institution. Provided alwats, That such rules, orders, and regulations so to be made as aforesaid, shall be agreeable to and consistent with the several covenants, clauses, provisoes, conditions, and agreements in these presents con- tained. But in case any rules, orders, and regulations shall at any time or times hereafter be made by the said Trustees or the major part of them for the time being, which shall be inconsistent with or contrary to all or any of the covenants, clauses, provisoes, conditions, and agreements herein contained, or the original plan and intention of the said institution, Then such rules, orders, and regulations shall be absolutely null and void, and of no force or effect whatsoever. And also That they the said Trustees, or the major part of them for the time being, shall, and may from time to time and at all times hereafter, when and as often as they shall think it necessary, elect, nominate, and appoint a secretary of the said society, and all such other officers as they shall think proper and requisite for the better managing and carrying on the affairs and concerns of the said society. And it is hereby further declared and agreed, That the secretary of the said society for the time being shall always give or send six days previous notice in writing to each and every of the said Trustees for the time being, of every special meeting of the said Trustees which shall be held for transacting the business and concerns of the said society. And the said secretary for the time being shall always mention ar. 1 set forth in his said summons or notice to the said Trustees the hour and place at which such special meeting shall be held, and also the particular business which is intended to be transacted and done at such special meeting. And no other business shall ever be transacted and done at any special meeting of the said Trustees for the time being, but such as shall be mentioned and set forth in the said summons or notice, except motions or propositions to be taken into consideration at a subsequent meeting. And if any special meeting or meetings shall at any time or times hereafter be held without such notice to each of the said Trustees for the time being as aforesaid, all the business and concerns relative to the said society, which shall be trans- acted and done at such meeting or meetings, shall be absolutely null and void to all intents and purposes whatsoever. And further, it is hereby declared and agreed, That if at any special meeting of the said Trustees for the time being there shall happen to be an equal number of voices for and against any particular business relative to the said society, then and in every such case the oldest Trustee, in point of years, who shall be present at such meetings, shall have the casting vote, in order to prevent all unnecessary delays in the business and concerns of the said society. And also, upon this further trust, That when and as often as the said Trustees or their successors' Trustees in the premises, shall be reduced by death or otherwise, as is hereinafter mentioned, to the number of five, that then, and in such case and so often the said five surviving Trustees, or the major part of them for the time being, shall with all convenient speed elect, nomi- nate and appoint two other proper and suitable persons to be Trustees in the place and stead of the three Trustees then dead, or by the terms of this deed disqualified and ren- dered incapable of acting in the trusts hereof, that there may be the full number of seven Trustees, which was the number originally designed and fixed upon by the said late Countess of Huntingdon, and the several persons who first formed the said society to execute the trusts aforesaid, so that none of the said Trustees tobe so elected, nominated, and appointed as aforesaid, be a Pelagian, Arian, Socinian, Antinomian, or Arminian, in (I7 ) u u 4 his 344 APPENDIX TO REPORT PROM THE AnDendix "R ^ s 01 tnen " judgment. And, That when and so often as any new Trustees shall be ' elected, nominated, or appointed as aforesaid, they shall, previous to such their election, fully and cordially assent to and subscribe the said Fifteen Articles or Confession of Faith. And that when and so often as such new Trustees shall be elected, and shall have subscribed the said Fifteen Articles as aforesaid, the surviving and continuing Trustees shall from time to time by good and sufficient conveyances and assurances in the law, convey and assure the said messuage, tenement, or dwelling-house, garden, orchard, close,- or parcel of land, hereditaments, and all and singular other the premises hereby bargained and sold or mentioned and intended so to be, and every part and parcel thereof with the appurtenances unto the said surviving and continuing Trustees and the said new Trustees, their heirs and assigns, to the use and behoof of them the said new Trustees, and the said five surviving and continuing Trustees and their heirs and assigns, upon such and the same trusts and for such and the same uses, intents, and purposes as are by these presents men- tioned, expressed, and declared of and concerning the same, and to or for no other use, trust, intent, or purpose whatsoever. And further, It is hereby agreed and declared, That if any of the said Trustees, parties hereto, or any future Trustee or Trustees to be appointed in manner aforesaid, in whose name the said trust-monies or any part thereof shall be invested jointly with others, shall happen to leave the kingdom, and go- to reside abroad for more than twelve calendar months, or shall remove his or their residence" to some part of Great Britain, at such a distance from London as to render it inconvenient for such Trustee or Trustees so going abroad, or removing his residence as aforesaid, to act in the execution of the trusts hereof, that then and in such case he or they shall and will (before his or their going abroad, or removing his or their residence as aforesaid) at the request of the Trustees of the said College and premises for the time being, or the major part of them who shall continue to reside in or near London, immediately join with the other Trustees in whose names the said trust-monies shall then happen to be invested, in transferring the said trust-monies into the names of such four Trustees as the said Trustees of the said College and premises for the time being, or the major part of them, shall nominate and appoint, or shall and will immediately execute a proper letter of attorney for that purpose. Provided always, and it is hereby declared and agreed by and be- tween the said parties, That if any of the said Trustees of the said College and premises,- or any future Trustee or Trustees to be appointed in manner aforesaid, shall leave the kingdom of Great Britain, and go to reside in parts beyond the seas for more than twelve calendar months together, or shall, in the judgment of the major part of the said Trustees for the time being, become insolvent through his own negligence, extravagance, or wilful misconduct, or shall become a Pelagian, Arian, Socinian, Antinomian, or Arminian, that then and in such case, and from thenceforth, he or they so residing abroad, or be- coming insolvent, or a Pelagian, Arian, Socinian, Antinomian, or Arminian as aforesaid, shall cease to be a Trustee or Trustees, or to have or exercise any vote in the election or nomination of any president or presidents, tutor or tutors of the said College or Seminary, and of any person or persons to be a Trustee or Trustees in the premises, and also in the direction, management, or ordering of any other matter whatsoever relative to the said College or Seminary, or the president or presidents, tutor or tutors, or the proba-- tioner or probationers, student or students, or the secretary thereof, in anywise, anything hereinbefore contained to the contrary thereof notwithstanding. And further, That if any of the said Trustees, or any future Trustee or Trustees to be appointed in manner aforesaid, shall be expelled or discharged from or become incapable of acting in all or any of the trusts herein contained, for or by reason of his or their going to reside abroad for more than twelve months, or for becoming insolvent, or a Pelagian, Arian, Socinian, Anti-^ nomian, or Arminian as aforesaid, such Trustee or Trustees so expelled, discharged, or be- coming incapable of acting as aforesaid, shall and will, at the request of the other continuing Trustees, or the major part of them for the time being, immediately release, convey, and assign over all his or their estate and interest of and in the said College, hereditaments, and premises, with the appurtenances, and every part and parcel thereof, and also shall and will assign and transfer the said trust-monies standing in his name (if any), or execute a proper letter of attorney for that purpose to such person or persons, and in such manner as the said continuing Trustees for the time being shall direct or appoint upon such and the same trusts as are in these presents mentioned and expressed concerning the same. And for the better and more effectually compelling and enforcing the performance of all or any of the trusts in these presents contained, It is hereby further mutually agreed by and between the said parties, that they the said Trustees, parties hereto, shall and will, at or immediately after the execution of these presents, and all further Trustee and Trustees to be appointed in manner aforesaid, shall immediately after their appointment, severally execute bonds to all the other Trustees for the time being, in the penal sum of One thousand pounds for the due and faithful performance of the several trusts, covenants, provisoes, conditions, and agreements in these presents contained, according to the true intent and meaning hereof, and of the said institution. Provided also, and it is hereby further declared and agreed by and between the said parties to these presents, That the said Trustees, and their successors' Trustees, in the premises for the time being, or any of them, their or any of their heirs, executors or administrators, shall not be charged or chargeable with, or accountable for any more monies than they shall respectively receive, or shall come to their respective hands by virtue of the trusts aforesaid, nor with or for any loss which shall happen of such trust-monies, or any part thereof, so as the same shall happen without their wilful neglect or default, nor shall SELECT COMMITTEE ON UNIVERSITY TESTS, 345 shall they he answerable any one of them for the other or others of them, or for the acts, Appendix B. receipts, disbursements, or defaults of the other of them, but each of them for his own acts, receipts, disbursements, and defaults only. Provided further, and it is hereby also declared and agreed, That it shall and may be lawful to and for the said Trustees, or the major part _ of them for the time being, from time to time and at all times hereafter, to dismiss, deprive, remove and expel any president or presidents, tutor or tutors, proba- tioner or probationers, student or students, or secretary of the said College or Seminary whenever they shall think fit and proper so to do, as it is the true intent and meaning of these presents and of the said parties hereto, that the said Trustees, or the major part of them for the time being, shall always for ever hereafter have and possess the sole supreme authority, control and direction over the said College or Seminary, and all the affairs and concerns thereof. And also over the president or presidents, tutor or tutors, student or students, or secretary thereof, anything herein contained to the contrary in anywise notwithstanding. Provided moreover, and it is hereby also declared and agreed, That it shall and may be lawful to and for the said Trustees, or the major part of them for the time being, if they shall so think proper, at any time hereafter by and out of the said trust fund, or by and out of the legacies, donations and subscriptions which shall be received by or come to his or their hand or hands for and towards the maintenance and support of the said College or Seminary, to erect and build, upon some convenient part of the said hereditaments and premises hereinbefore mentioned and intended to be hereby bargained and sold as aforesaid, a chapel, to be set apart and used for the exercise of religious worship for the greater convenience of the said president or presidents, tutor or tutors, and students of the said College or Seminary, which said chapel or meeting house, when the same shall be so erected and built as aforesaid, shall be considered as an appurtenant of and belonging to the said College or Seminary, and shall be vested in the said Trustees for the time being and their successors upon such and the same trusts, and to and for the same uses, intents and purposes, and under and upon the limitations, conditions, provisoes and agreements as are hereinbefore mentioned and declared of and concerning the said College or Seminary. Provided lastly, and it is hereby further covenanted and declared, by and between the said parties to these presents, that if at any time or times hereafter the said Trustees for the time being, or their successors' Trustees in the premises shall be rendered and become incapable of carrying on, maintaining and supporting the said College or Seminary for want of a sufficient fund, or in default of subscriptions, legacies, or donations io the support thereof, or from popular commotions, insurrections, pei-secutions, or by any prohibitory or penal laws and statutes of this realm, that then, and in any or either cf the cases aforesaid, it shall and may be lawful to and for the said Trustees, or the major part of them for the time being, or their successors, to dismiss the president or presidents, tutor or tutors, of the said College or Seminary, and the probationers, students, and secretary thereof, and to set and let the said messuage, tenement, or dwelling-house, garden, orchard, close or parcel of land and premises herein- before mentioned to some person or persons as tenant or tenants at will at rack rent, and shall and may in their discretion pay, apply and dispose of the rents, issues and profits thereof either in the private tuition of one or more student or students for the work of the ministry of the Gospel according to the original plan of the said institution, or other- wise to lay out and invest the same in the public Stocks or Funds, there to accumulate till, by fresh subscriptions, donations or legacies, together with the said accumulated money in the Funds, they shall be again enabled to carry on, support and maintain the said College or Seminary, according to the original plan and design of the said institution, and under and subject to the several trusts hereinbefore particularly mentioned and declared of and concerning the same. And the said Thomas Long Sheen doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said James Oldham Oldham, Mathias Peter Dupont, Thomas Weatherill, William Hodson, William Langston, Henry Batley, William Astle, and John Lloyd, their heirs and assigns, that he the said Thomas Long Sheen, hath not at any time heretofore made, done, or committed, or wittingly or willingly suffered any act, deed, matter, or thing whatsoever whereby or by reason or means whereof the said messuage, tenement, or dwelling-house, garden, orchard, close, or parcel of land, hereditaments and premises, or any part or parcel thereof, are, is, can, shall, or may be affected, charged, impeached, or incumbered, in title, charge, estate, or otherwise howsoever. In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. (17.) Xx Appendix B. 346 APPENDIX TO REPORT FROM THE THE SCHEDULE, or Articles of Faith, referred to by the aforegoing Deed. I. Of God. That there is but one living and true God, everlasting, without body, parts, or passions; of infinite power, wisdom, and goodness ; the Maker and Preserver of all things, both visible and invisible. And in unity of the Godhead there are three persons, of one sub- stance, power, and eternity, the Father, the Son, and the Holy Ghost. II. Of the Scriptures. That it pleased God, at sundry times and in divers manners, to declare His will, and that the same should be committed unto writing ; which is therefore called the Holy Scripture, which containeth all things necessary to salvation. The authority whereof doth not depend upon the testimony of man, but wholly God, its Author ; and our assur- ance of the infallible truth thereof is from the inward work of the Holy Ghost, bearing witness, with the Word, in our hearts. III. Of Creation. It pleased God, for the manifestation of His glory, in the beginning, to create the world and all things therein ; and having made man, male and female, after His own image, endued with knowledge, righteousness, and true holiness : He gave them a command not to eat of the tree of knowledge of good and evil, with a power to fulfil it, yet under a possibility of transgressing, being left to the liberty of their own will, which was subject unto change. IV. Of the Fall of Man from Original Righteousness. Our first parents sinned in eating the forbidden fruit ; whereby they fell from their original righteousness, and became wholly defiled in all the faculties and parts of soul and body. And being the root of all mankind, the guilt of this sin was imputed, and the same corrupted nature conveyed, to all their posterity descending from them by ordinary generation. V. Of Original Sin. Original sin standeth not in the following of Adam, as the Pelagians do vainly talk ; but it is the fault and corruption of the nature of every man, that naturally is engendered of the offspring of Adam ; whereby man is as far as possible, gone from original righteous- ness, and is of his own nature inclined to evil, so that the flesh lusteth always contrary to the spirit; and therefore, in every person born into this world, it deserveth God's wrath and damnation. And this infection of nature doth remain, yea, in them that are regene- rated, yet without dominion ; and although there is no condemnation to them that are in Christ Jesus, yet sin in them is evil, as much as in others, and as such receives Divine fatherly chastisement YI. Of Predestination and Election. Although the whole world is thus become guilty before God, it hath pleased Him to predestinate some unto everlasting life. Predestination, therefore, to life, is the ever- lasting purpose of God whereby (before the foundations of the world were laid) He hath constantly decreed by His counsel, secret to us, to deliver from curse and damnation those whom He hath chosen in Christ out of mankind, and bring them by Christ to everlasting salvation, as vessels made to honour. Wherefore they which are endued with so excellent a benefit of God, are called according to God's purpose, by His Spirit working in due season : they, through grace, obey the call ; they are justified freely ; they are made sons of God by adoption ; they bear the image of Christ ; they walk religiously in good works ; and at length, by God's mercy, they attain to everlasting felicity. VII. Of Christ the Mediator. It pleased God, in His eternal purpose, to choose and ordain the Lord Jesus, His only begotten Son, to be the Mediator between God and man, the Prophet, Priest, and King, the Head and Saviour of His Church; unto whom He did, from all eternity, give a people SELECT COMMITTEE ON UNIVERSITY TESTS. 347 people to be His seed, and to be by Him in time redeemed, called, justified, sanctified, Appendix B. and glorified. He therefore, being very and. eternal God, of one substance and equal with the Father, did, when the fulness of time was come, take upon Him man's nature, yet without sin, being conceived by the power of the Holy Ghost in the womb of the Virgin Alary; so that two whole, perfect, and distinct natures, the Godhead and the manhood, were inseparably joined together in one person, without conversion or confusion ; -w hich person is very God and very man, yet one Christ, the only Mediator between God and man. This office of a Mediator and Surety He did most willingly undertake ; which, that He might discharge, He was made under the law, and did perfectly fulfil it by an obedience unto death ; by which perfect obedience and sacrifice of Himself on the cross, which He, through the Eternal Spirit, once offered up unto God, He hath fully satisfied Divine justice, and purchased, not only reconciliation, but an everlasting inheritance in the Kingdom of Heaven for all those whom the Father had given Him. To all of whom He doth, in His own time, and in His own way, certainly and effectually apply His purchased redemption ; making intercession for them ; and revealing unto them, through the Word and by His Spirit, the mysteries of Salvation ; effectually enabling them to believe unto obedience ; and governing their hearts by the same Word and Spirit ; and overcoming all their enemies by His almighty power. VIII. Of the Holy Ghost. The Holy Ghost is the third person in the adorable Godhead ; distinct from the Father and the Son, yet of one substance, glory, and majesty with them, very and eternal God; whose office in the Church is manifold. It is He who illuminates the understanding to discern spiritual things, and guides us into all truths ; so that, without His teaching, we shall never be effectually convinced of sir;, nor be brought to the saving knowledge of God in Christ. And His teaching, whether it be by certain means which he ordinarily makes use of, or without means, is attended with an evidence peculiar and proper to itself, therefore styled the demonstration of the Spirit and of power. By which Divine power He not only enlightens the understanding, but gives a new turn or bias to the will and affections, moving and acting upon our hearts, and by His secret, energetic influence effecting those things which we could never attain or accomplish by our own strength. Nor is His guidance less necessary in our lives and in all our actions. Without His assistance we know not what to pray for, or how to pray aright. He confirms us in all grace ; and He is the author of all holiness. It is He that assures us of our personal interest in Christ, and that sheds abroad the love of God in our hearts. He seals believers unto the day of redemption, and is Himself the earnest of their future inheritance. He administers comfort to us in our temporal and spiritual distresses, by applying to our minds seasonable promises of God in Christ Jesus, which are yea and amen ; and by receiving the things of Christ and showing them unto us. Thus He encourageth and refresheth us with a sense of the favour of God ; fills us with joy unspeakable and full of glory ; and is to abide with the Church for ever. IX. Of Free Will. The condition of man after the fall of Adam is such, that he cannot turn or prepare himself by his own natural strength and good works to faith and calling upon God ; wherefore, we have no power to do good works pleasant and acceptable to God, without the grace of God by Christ preventing us, that we may bave a good will, and working with us when we have that good will . X. Of Justification. We are accounted righteous before God only for the merit of our Lord and Saviour Jesus Christ, by faith, and not for our own works or deservings. Wherefore that we are justified by faith alone is a most wholesome doctrine, and very full of comfort. And this is done by pardoning our sins, and by accounting our persons as righteous by imputing the obedience and satisfaction of Christ unto us, which is received and rested upon by faith ; which faith we have not of ourselves, but it is the gift of God. XL Of Sanctification and good Works. They who are effectually called and regenerated, having a new heart and a new spirit created in them, are further sanctified, really and personally, through the virtue of Christ's death and resurrection, by His Word and Spirit dwelling in them ; the dominion of the whole body of sin is destroyed, and the several lusts thereof are more weakened and mortified, and they more and more quickened and strengthened in all saving graces to the practice of true holiness ; without which no man shall see the Lord. Works, which are the fruits of faith, and follow after justification, though they cannot put away our sins nor endure the severity of God's judgment, yet are pleasing and acceptable to God in Christ, and spring out necessarily of a true and lively faith ; insomuch that by them a lively faith mav be as evidently known, as a tree discerned by the fruit. (17.) x x 2 Appendix B. 348 APPENDIX TO REPORT FROM THE XII. Of Works before Justification. Works done before the grace of Christ, and the inspiration of His Spirit, are not pleasant to God ; for as much as they spring not of faith in the Lord Jesus Christ ; neither do they make men meet to receive grace ; yea, rather, for that they are not done as God hath willed and commanded them to be done, we doubt not but they have the nature of sin. XIII. Of the Church. The Catholic or universal Church, which is invisible, consists of the whole number of the elect that have been, are, or shall be gathered into one, under Christ the head thereof, and is the spouse, the body, the fulness of Him that fillefh all in all. The visible^ church consists of all those throughout the world who profess the true religion, together with their children. To which visible church Christ hath given the ministry and ordinances of the Gospel, for the gathering and perfecting of the saints in this life, to the end of the world; and doth by His own presence and Spirit, according to His promise, make them effectual thereunto. There is no other head of the church but the Lord Jesus Christ ; nor can the Pope of ."Rome, in any sense, be head thereof, but is that Antichrist, that man of sin, and son of perdition, that exalteth himself in the church against Christ, and all that is called God. XIV. Of Baptism. Baptism is a sacrament of the Xew Testament ordained by Jesus Christ, not only for the solemn admission of the party baptised into the visible church, but also to be unto him a sign and seal of the covenant of grace, to be continued in the church until the end of the world ; which is rightly administered by pouring or sprinkling water upon the person, in the name of the Father, Son, and Holy Ghost. This sacrament ought to be administered but once to any person ; and we also hold, that infants may, and ought to be baptised, in virtue of one or both believing parents ; because the spiritual privilege of a right unto, and a participation of the initial seal of the covenant, was granted by God to the infant seed of Abraham ; which grant must remain firm for ever, without the Lord's own express revoking or abrogation of it ; which can never be proved from Scripture that He has done. Again, they that have the thing signified, have a right to the sign of it ; but Children are capable of the grace signified in Baptism. And some of them (we trust) are partakers of it ; namely, such as die in their infancy ; therefore they may and ought to be baptised. For these and other reasons, we believe and maintain the lawful- ness and expediency of infant baptism. XV. Of the Lord's Supper. The Supper of the Lord is not only a sign of the love that Christians ought to have among themselves one to another, but rather it is a sacrament of the body and blood of Christ, and of our redemption thereby, called the Lord's Supper, to be observed in His church to the end of the world for the perpetual remembrance of the sacrifice of Himself in His death; the sealing of all benefits thereof to true believers ; their spiritual nourish- ment and growth in him ; their further engagement in, and to all duties which they owe unto Him ; and to be a bond and pledge of their communion with Him and with each other as members of His mystical body. Insomuch that, to such as rightly and with faith receive the same, the bread which we break is a partaking of .the body of Christ, and likewise the cup of blessing is a partaking of the blood of Christ ; though in substance and nature they still remain bread and wine as they were before. Those, therefore, that are void of faith, though they do carnally and visibly eat the bread and drink the wine of this sacrament of the body and blood of Christ, yet they are in no wise partakers of Christ ; but rather to their condemnation do eat and drink the sign or sacrament of so great a blessing. Executed by all parties, and duly attested. Enrolled in Chancery, the 3rd day of July 1793. SELECT COMMITTEE ON UNIVERSITY TESTS. ,349 Appendix C. Appendix C. UNIVERSITY TESTS BILL. The following Declaration was signed, and a copy of it transmitted to the Prime Minister, in February last: — Oxford, February 1870. We, the undersigned, resident Graduates of the University of Oxford, earnestly deprecate any Legislative Enactments which shall tend to separate Education from Religion or fail to secure a Christian education for the youth of this country, in the Universities of Oxford and Cambridge. o And we deprecate in particular any new enactments which shall destroy or impair that connection of the Colleges in the said Universities with the Church of England, in respect of their teaching, government, and common worship, which recent Acts of Parlia- ment have distinctly recognised and enforced. Plumtre, F. C. d.d. Master of University College. Scott, R. d.o. Master of Balliol, Ireland Professor of Divinity. Member of the Hebdo- madal Council. Marsham, R. B. d.c.l. Warden of Merton. Lightfoot, J. P. d.d. Rector of Exeter. Hawkins, K. d.d. Provost of Oriel, bite Ireland Professor. Jackson, W. d.d. Provost of Queen's. Sewell, J. E. d.d. "Warden of New College, and Member of the Hebdomadal Council. Leighton, F. K. d.d. Warden of All Souls, Member of the Hebdomadal Council. Bulley, F. d.d. President of Magdalen, and Member of the Hebdomadal Council. Norris, J. d.d. President of Corpus. Wynter, P. d.d. President of St. John's, and Member of the Hebdomadal Council. Williams, C. d.d. Principal of Jesus College. Symons, B. P. d d. Warden of Wadham. Evans, E. m.a. Master of Pembroke. Cotton, R. L. d.d. Provost of Worcester. Michell, R. d d. Principal of Magdalen Hall, Public Orator, and Member of the Heb- domadal Council. Cornish, H. H. d.d. Principal of New Inn Hall. Salter, W. C, m.a. Principal of St. Alban Hall, late Fellow of Balliol. Chase, D. P. m.a. Principal of St. Mary Hall, Fellow and late Tutor of Oriel. Smith, R. P. d.d. Canon of Ch. Ch. Regius Professor of Divinity. Clerke, C. C. d.d. Canon of Ch. Ch. Archdeacon of Oxford. Pusey, E. B. d.d. Canon of Ch. Ch. Regius Professor of Hebrew, and Member of the Hebdomadal Council. Jelf, R. W. d.d. Canon of Ch. Ch. late Fellow and Tutor of Oriel, and late Principal of King's College, London. Ogilvie, C. A. d.d. Canon of Ch. Ch. Regius Professor of Pastoral Theology. Heurtley, C. A. d.d. Canon of Ch. Ch. Margaret Professor of Divinity, and Member of the Hebdomadal Council. Bright, W. d.d. Canon of Ch. Ch. Regius Professor of Ecclesiastical History. Stubbs, W. m.a. Fellow of Oriel Regius Professor of Modern History. Palmer, E. m.a. Tutor and late Fellow of Balliol, since Corpus Professor of Latin. Burrows, M. m.a. All Souls, Chichele Professor of Modern History, and Public Examiner. Wall, H. m.a. Fellow of Balliol, Professor of Logic. Phillips, J. m.a. Magdalen, Professor of Geology. Williams, M. m.a. University, Boden, Professor of Sanskrit. Gandell, R. m.a. Classical Tutor, Magdalen Hall, Laudian Professor of Arabic. Price, Bonamy, m.a. Worcester, Professor of Political Economy [first clause of the Declaration]. Bosworth, J. d.d. Ch. Ch. Professor of Anglo-Saxon. Westwood, J. O. m.a. Magdalen, Hope Professor of Zoology. Liddon, H. P. m.a. Student of Ch. Ch. Canon of St. Paul's, and Member of the Heb- domadal Council. Rowden, E. W. d.c.l. late Fellow of New College, Registrar of the University. (17.) * * x 3 350 APPENDIX TO REPORT FROM THE Appendix C. Main, R. m.a. Radcliffe Observer. Wisher, J. d.d. Fellow of Magdalen. Short, T. b.d. Fellow and late Tutor of Trinity. Creswell, R. b.d. late Fellow and Tutor of Worcester. Bayne, J. Vere, m.a. Senior Student and Censor of Ch. Ch. Faussett, R. m.a. Senior Student and late Mathematical Lecturer of Oh. Ch. Woollcombe, E. C. m.a. Fellow and late Tutor of Balliol. Turner, E. T. m.a. Fellow and Tutor of Brasenose, and Member of the Hebdomadal Council. Medd, P. G. m.a. Fellow, Tutor, and Dean of University. Ince, \V. m.a. Fellow, Sub-Rector, Tutor, and Catechist of Exeter, and Member of the Hebdomadal Council. King, J. R. }]..?. late Fellow and Tutor of Merton, Classical Lecturer in Oriel College, Classical Moderator. Griffiths, J. m.a. late Fellow and Tutor of Wadham, Keeper of the Archives, and Member of the Hebdomadal Council. Edwardes, S. m.a, Fellow of Merlon, late Mathematical Lecturer. Coxe, H. O. m.a. Corpus, Bodley's Librarian. Wingfield, C. L. m.a. Fellow and Tutor of All Souls, Senior Proctor. Rigaud, J. b.d. Fellow and Dean of Divinity, Magdalen. Gilbertson, L. b.d. Fellow and Vice- Principal of Jesus. Talbot, E. S. m.a. Senior Student and Tutor of Ch. Ch. Fremantle, S, J. b.a. Senior Student and Tutor of Ch. Ch. Dodgson, C. L. m.a. Student and Mathematical Lecturer of Ch. Ch. Sheppard, T. H. b.d. Fellow and Dean of Exeter. West, C. F. C. b.d. Fellow and Vice-President of St. John's. Hill, R. H. d.c.l. Magdalen, Head Master of Magdalen College School. Pace, T. D. m.a. Fellow, Senior Dean, and Historical Lecturer, Pembroke. Adams, Coker, m.a. Fellow and Dean of New Colleg-e. Wordsworth, J. m.a. Fellow and Tutor of Brasenose. Deane, H. b.d. Fellow and Tutor of St. John'->. Livingstone, R. G. m.a. Fellow and Tutor of Pembroke. Baker, W. m.a. Fellow and Tutor of St. John's. Wood, C. J. m.a. late Fellow and Tutor of Brasenose. Hammond, C. E. m.a. Fellow and Tutor of Exeter. Barton, A. T. m.a. Fellow and Tutor of Pembroke. Briscoe, W. K. B. m.a. Fellow and Tutor of Jesus. Dallm/T. F. m.a. Fellow and Tutor of Queen's. Jenkins, J. D. b.d. Fellow and Dean of Jesus. Shand, T. H. R. m.a. Fellow and Mathematical Lecturer, Brasenose. Moberly, R. C. b.a. Senior Student and Tutor of Ch. Ch. Sargent, J. Y. m.a. Tutor and late Fellow of Magdalen, Classical Moderator. Lee, L.J. m.a. Fellow and Sub-' 1 * arden of New College. Dukes, E. R. m.a. late Student and Tutor of Ch. Ch. Ogle, O. m.a. late Fellow and Tutor of Line >ln. Williams, R. E. m.a. Fellow and Assistant Tutor of Jesus. Ogle, H. C. m.a. Fellow and Junior Dean of Arts, Magdalen, Classical Moderator. Burgon, J. W. m.a. Fellow of Oriel, and Vicar of St. Mary-the- Virgin's. Ward, G. S. m.a. Mathematical Tutor, Magdalen Hall. Cha'sley, R. H. m.a. St. Mary Hall, Mathematical Lecturer. Jones, W. Eccles, m.a. Fellow and Lecturer of Jesus. Warren, S. L. m.a. Fellow, Dean and Divinity Lecturer of Wadham. Rennison, T. m.a. Fellow and Precentor of Queen'c, late Mathematical Lecturer. Jackson, C. N. b.a. Assistant Tutor, Magdalen Hall. Griffith, J. m.a. Fellow and Assistant Tutor of Jesus. Chamberlain, T. m.a. Senior Student of Ch. Ch. Benson, R. M. m.a. Senior Student of Ch. Ch. Freeling, G.N. m.a. Fellow of Merton. Henderson, J. E. m.a. Fellow of Mag-daLn. Bellamy, J. b.d. Fellow of St. John's. Wilkins, H. M. m.a. Fellow of Merton. Brainier, H. R. m.a. Fellow of Magdalen, and Public Examiner. Walton, H. B. m.a. late Fellow of Merton. Heaton, C. W. b.d. Fellow of Jesus. Gamier, T. P. m.a. Fellow of All Souls, and Pro-Proctor. Metcalfe, F. b.d. Fellow of Lincoln. Grav, J. 15. b.d. Fellow of St. John's. Jones, W. W. b.d. Fellow of St. John's. Wilson, R. S. m.a. Fellow and Dean of Brasenose. West, W. b.d. Fellow of Lincoln. Knox, E. A. m. a. Fellow of Merton. Laverty, W. H. b.a. Fellow and Lecturer of Queen's. Copleston, R. b.a. Fellow and Lecturer of St. John's. Javne, F. J. b.a. Fellow and Lecturer of Jesus. Watson, J. m.a. late Fellow of Brasenose. Jackson, W. m.a. late Fellow of Worcester, Curator of the Taylor Institution. Eld, J. H. b.d. Fellow of St. John's. Nutt, .1. W. m.a. Fellow of All Souls, Sub-Librarian of Bodley's Library, and Pro- Proctor. Linton, H. m.a. late Fellow of Magdalen, Rector of St; Peter-le-Bailey. SELECT COMMITTEE ON UNIVERSITY TESTS. 351 Dodd, J. m.a. late Fellow of Queen's Golightly, C. P. m.A: Oriel. Appendix C. Hathaway, E. P. m.a. Queen's, Rector of St. Ebbe's Macray, W D. m.a Chaplain of Magdalen, Assistant Librarian of Bodley's Library. Haokman A. m.a. Precentor of Ch. Ch. Sub-Librarian of Bodley's Library ? Dale, J. A. m.a. Balliol, late Public Examiner. Smith, S. B. b.a. Mathematical Lecturer, St. Alban Hall. Yule, H. W. b.a. Wadham, Assistant Lecturer at St. John's Pusey, P. E. m.a. Ch. Ch. Wilson, F. m.a. Magdalen Hall. Stainer, J. m.a. Magdalen. Smith, R. W. m.a. Jesus. Morfill, W. R. m.a. Oriel, late Scholar of Oriel. Deedes, C. m.a. Chaplain of Ch. Ch. Whitmarsh, E. D. m.a. St. John's. Hope, Sackett, m.a. Chaplain of Queen's. Tuck well, L. S. m.a. Magdalen. Rumsey, J. m.a. Pembroke. Ranken, C. E. m.a. Wadham. Hogarth, E. L. m.a. Brasenose. Harrison, W. W. m.a. Brasenose. Acock, E. M. m. a.' Magdalen. Priest, W. J. b.a. St. Alban Hall. Since added. Chapman, E. m.a. Mt-rton, Lecturer in Physical Science at Merton and Jesu*. 138 Stocks, J . E. m.a. Chaplain of Ch. Ch. The following Petition, with the Signatures annexed, was presented 23 May 1870. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled : The Humble Petition of the Undersigned non-resident Members of the University of Oxford, formerly resident and holding office in the University or their respective Colleges, showeth : That a Bill has been introduced into your Honourable House, intituled " A Bill to " alter the Law respecting Religious Tests in the Universities of Oxford, Cambridge, " and Durham, and in the Halls and Colleges of those Universities respectively." That in the judgment of your Petitioners the Provisions of the Bill tend to separate Education from Religion in those Universities, and in their several Halls and Colleges ; and that they are calculated more particularly to destroy, or seriously impair, that con- nexion of the Colleges and Halls in Oxford and Cambridge with the Church of England, in respect of their teaching, government, and common worship, which has been hitherto recognised by Parliament, and which even recent Acts of the Legislature have been intended to uphold and secure. That your Petitioners therefore earnestly pray your Honourable House that the Bill may not be permitted to pass into a Law. And your Petitioners will ever pray, &c H. L. Mansel, d.d. Ch. Ch. Dean of St Paul's, late Kegius Prof, of Eccles. Hist., Fellow and Tutor of St. John's. E. M. Goulbum, d.d. Dean of Norwich, late Fellow and Tutor of Merton. W. Weldon Champneys, m.a. Dean of Lichfield, late Fellow and Bursar of B.N. C. William Kay, d.d. late Fellow and Tutor of Lincoln. H. G. Merriman, d.d. late Fellow and Tutor of New College. John Sedgwick, d.d. late Fellow and Vice-President of Magdalen, and Examiner in the Schools. W. G. Henderson, d.cl. late Fellow of Magdalen and Proctor. (17.) xx4 352 APPEXD1X TO REPORT FROM THE Appendix C. •*• ^- Bloxam, d.d. late Fellow and Vice-President of Magdalen. Sidney W. Cornish, d.d. late Fellow and Sub-Dean of Exeter College. 10 Arthur \V. Haddan, b.d. late Fellow and Tutor of Trinity, and Public Examiner. G. F. De Teissier, b.d. late Fellow and Tutor of C.C.C. and Moderator. H. A. Woodgate, b.d. late Fellow and Tutor of St. John's, and Public Examiner. Osborne Gordon, b.d. late Student and Censor of Ch. Ch. Francis A. Faber, b.d. late Fellow and Tutor of Magdalen. Martin J. Green, b.d. late Fellow of Lincoln and Proctor. W. W. Woollcombe, b.d. late Fellow and Subrector of Exeter. Henry Harris, b.d. late Fellow and Tutor of Magdalen. William Dyke, b.d. late Fellow and Tutor of Jesus College. Jacob hey, b.d. late Student and Censor of Ch. Ch. 20 E. H. Hansell, b.d. lute Fellow and Tutor of Magdalen and Public Examiner. Alfred B. Clough, b.d. late Fellow and Tutor of Jpsus College. L. A. Shaipe, b.d. late Fellow and Tutor of St. John's, John Ley, b.d., late Fellow and Subrector of Exeter. F. Parsons, b.d. late Fellow and Tutor and Vice-Piesident of Magdalen. J. F. Crouch, b.d. late Fellow and Bursar of C.C.C. and Proctor. Thomas Pearse, b.d. late Fellow and Vice-President of Magdalen. W. Arundell Eouverie, b.d. late Fellow of Merton and Proctor. J. J3. Harrison, b.d. late Fellow and Vice-President of Magdalen. C. M. Skottowe, b.d. late Fellow and Lecturer of Jesus College. 30 J. D. Jenkins, b.d. Fellow and late Dean of Jesus College. W. J. Butler, b.d., late Fellow of Magdalen and Proctor. Henry Ellison, m.a. late Fellow and Bursar of University. William I'edley, m.a. late Fellow and Tutor of University and Public Examiner. W. Basil Jones, m.a. Archdeacon of York, late Fellow and Tutor of University and Moderator, Examiner in School of Theology. John Walts, m.a. (ate Fellow and Tutor of University. Allan B. Webb, m.a. late Fellow and Assistant Tutor of University. J. M. Chapman, x.a. late Fellow and Tutor of Balliol. James G. Lonsdale, m.a. late Fellow and Tutor of Balliol and Moderator. M. F. F. Osborn, m.a. late Fellow of Merton. 40 G. Rooke, m.a. late Fellow and Tutor of Merton. J. T. H. Du Boulay, m.a. late Fellow and Tutor of Exeter. George Dawson, m.a. late Fellow and Dean of Exeter. Frederick Fanshawe, m.a. late Fellow and Tutor of Exeter. James P. Tweed, m.a. late Tutor and Fellow of Exeter. Charles Daman, m.a. late Fellow and Tutor of Oriel and Public Examiner. Charles Page Eden, m.a. late Fellow and Tutor of Oriel. Clement Creswell, m.a. late Fellow and Tutor of Oriel. Henry E. Tweed, m.a. late Fellow and Tutor of Oriel. R. S. Falcon, m.a. late Fellow and Tutor of Queen's. -50 H. G. Madan. m.a. Fellow of Queen's, Public Examiner. H. H. Wood, m.a. late Fellow and Tutor of Queen's. \Y. E. C. Austin-Gout lay, m.a. late Fellow and Tutor of New College and Moderator. Charles Awdry, m.a. late Fellow of New College. Henry Deane, m.a. late Fellow of New College. Gilbert W. Heathcote, m.a. late Fellow of New College. Godfrey B. Lee, m a. Warden of Winchester, late Fellow and Bursar of New Colleg'e. Edward Miller, m.a. late Fellow and Tutor of New College. H. B. Williams, m.a. late Fellow and Tutor of New College. G. G. Perry, m a. late Fellow and Tutor of Lincoln. 00 George Fereman, m.a. Ch. Ch. late Tutor of All Souls and Proctor. A. F. Stopford, m.a. late Fellow of All Souls and Senior Proctor. R. F. Hessey, m.a. late Fellow and Tutor of Magdalen, John Walker Knight, m.a. late Fellow and Vice-President of Magdalen. James T. B. Landon, m.«. late Fellow of Magdalen and Public Examiner. Chsries Miller, m.a. Jate Fellow of Magdalen and Public Examiner. Francis Ashpital, m.a. B.N.C. late Public Examiner and Moderator. John A. Ash worth, m.a. late Fellow and Tutor of B.N.C. and Public Examiner. T. T. Bazely, m.a. late Fellow and Tutor of B.N.C. and Public Examiner. Robert Blackburn, m.a. late Fellow and Divinity Lecturer of B.N.C. Master in the Schools. 70 William E. Buckley, m.a. late Fellow and Tutor of B.N.C. and Public Examiner. H. B. W. Churton, m.a. late Fellow and Hebrew Lecturer of B.N.C. SELECT COMMITTEE ON UNIVERSITY TESTS. 353 James Gurbett, m.a. Archdeacon of Chichester, late Fellow and Tutor of B.N.C. and Appendix C. Public Examiner. Richard Latham, m.a. late Fellow and Bursar of B.N.C. Frederick Menzies, m.a. lute Fellow and Vice-Principal of B.N.C. and Hebrew and Divinity Lecturer. William Pulling, m.a. late Fellow and Tutor of B.N.C. Joseph Walker, m.a. late Fellow and Tutor of B.N.C. J. W. Richards, m.a. late Fellow and Tutor of C.C.C. William H. Whitworth, m.a. late Fellow and Tutor of C.C.C. Edward Hill, m.a. late Student and Lecturer of Cb. Ch. and Public Examiner. 80 F. H. Joyce, m.a. late Student and Tutor of Ch. Ch. George Marshall, m.a. late Student and Censor of Ch. Ch. and Public Examiner. T. P. Rogers, m.a. late Student and Tutor of Ch.Ch. J. Williams, m.a. late Student and Censor of Ch. Ch. and Public Examiner. Thomas Williams, m.a. late Fellow and Lecturer of Jesus College. Thomas Brancker, m.a. late Fellow and Tutor of Wadham, Master of the Schools. Edward Cockey, m.a. late Fellow and Tutor of Wadham and Public Examiner. Joseph Walker, m.a. late Fellow and Divinity Lecturer of Wadham. E. C. Adams, m.a. Fellow and late Divinity Lecturer of Worcester, Master in the Schools. William Andrew, m.a. late Fellow and Tutor of Worcester and Public Examiner. 90 B. C. Caffin, m.a. late Fellow and Tutor of Worcester and Master of Schools. W. Chambers, m.a. late Fellow and Tutor of Worcester and Senior Proctor. R. Muckleston, m.a. late Fellow and Tutor of Worcester, Public Examiner, and Mode- rator. C. H. Tomlinson, m.a. late Fellow and Tutor of Worcester. The following names of Persons wishing to subscribe to the above Petition came too late to be added to it. Thomas Shadforth, m.a. Fellow and Tutor of University. Edmund Hobhouse, d.d. late Bishop of Nelson, late Fellow and Subwarden of Merton, and Principal of the Postmasters. E. Capel Cure, m.a. late Fellow and Tutor of Merton. E. A. Dayman, b.d. late Fellow and Tutor of Exeter and Public Examiner. William Wilson, b d. late Fellow and Dean of Queen's and Proctor, Canon of Win- chester. J. B. Mozley, b.d. late Fellow of Magdalen and Bampton Lecturer, Canon of Worcester. 100 John Shuldham, m.a. late Student and Tutor of Ch. Ch. and Public Examiner. Thomas E. Morris, m.a. late Student and Tutor of Ch. Ch. F. Meyrick, m.a. late Fellow and Tutor of Trinity College, Public Examiner and Proctor. J. S. Cattlow, m.a. Fellow and Tutor of St. John's. PETITION of the Chancellor, Masters, and Scholars of the University of Oxford. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled: The humble Petition of the Chancellor, Masters, and Scholars of the University of Oxford T ^! W vnur Petitioners have learned with pain that a Bm has been introduced into your Honourable House. 7- Zu * „ u^ll™ «r Tutor of anv College, Hall, or House of learning shall be required or enjoined to make ^S^t^l^S^^^X^^ Liturgy of the ChJch of England contained In the Act of Uniformity ; That the removal of the only test now by law required of Tutors and Fellows of Colleges generally would rende admissible to collegiate government and instruction persons of divergent religious creeds, or of no religious creed whatever; (17.) Y Y That 354 APPENDIX TO REPORT FROM THE That the Universities are seminaries of the Church of England, and owe their greatness chiefly to their connexion with the Church ; and that the Church could not safely entrust her future Clergy to persons who had given no security for their soundness in the faith ; That the relations between Fellows of Colleges are very intimate, and that the harmony and confidence now subsisting must be destroyed by differences on the most important of all subjects ; and that open antagonism in the religious belief of their Teachers and Governors must have a tendency to lead Students to regard religious truth as a matter of indifference ; Your Petitioners therefore implore your Honourable House not to pass into a law a Bill of which the effects would, in their opinion, be injurious to the highest interests of the University, the Country, and the Church. And your Petitioners will ever pray, &c. Given at our House of Convocation, this second day of June, in the year of our Lord God, 1863. We, Non-resident Members of Convocation of the University of Oxford, desire to express our concurrence in the prayer of the above Petition. (Signed) C. T. Cantuar, d.d. Ch. Ch. W. Ebok, d.d. Queen's R. Dcblin, d.d. Oriel Carnarvon, d.c.l. Cli. Ch. Harhowby, m.a. Ch. Ch. ILCHESTER, M.A. Ch. Ch. Selkirk, m.a Ch. Ch. H. Exeter, d.d. Magdalen A. T. Cicestr. d.d. Braseno.se T. V. St. Asaph, d.d. Ch. Ch. S. Oxon, d.d. Oriel J. Lincoln, d.d. Pembroke S. Carlisle, d.d. All Souls Redesdat.e, m.a. New College Chtjrston, m.a. Oriel Abbot, C. H. P. m.a. Ch. Ch. Abdy, Albert, C. m.a. Worcester Acock, E. M. m.a. Magdalen Adair, A. W. m.a. Ch. Ch. „ Alex. m.a. Oriel Adams, D. m.a. Ch Ch. „ Hiehard L. it a. Ch. Ch. ,, Henry C. m.a. Magdalen „ C. C. m.a. Merton „ Simon T. m. k. New College „ D. C. O. m.a. St. John's Addams,J. d.c.l. St. John's Addinuton, H. m.a Lincoln „ H. J. m.a. Merton Addison, W. G. m.a. Magdalen Hall Ady, Wm. B. m.a. Exeter Airey, Wm. m.a. Queen's „ J. P. M.A. Queen's Aitken, James, m.a. Exeter Aikcnliead, D. ma. University Aldi-idge, J. m.a. Ch. Ch. Alexai der, Wm. m.a. Brasenose „ D.L. M.A. St. Mary Hall Alinaton, Alan M. m.a. Worcester Allen, W. H. m.a. New Inn Hsill „ Edward, M.A. Oriel „ W. S. m.a. WaJham „ H. M.A. Worcester Andrew, Samuel, m.a. Lincoln „ William, m.a. Worcester Andrews, S. m.a. Ch. Ch. „ William, b.d. Exeter Anson, F. m.a. All Souls Ansti", M. M.A. Exeter App'eton, John H. m.a. Pembroke Armies, M. m.a. Merton -Arkell, John, ma. Pembroke Armitage, E. m.a. Magdalen Armstrong, C. E. m.a. Worcester Arnott, S. B. M.A. St. John's Ai rowsmith, Robert, m.a. Oriel Ashpitel, F. m.a. Brasenose Ashton, Ellis, B d. Brhsenoso Ash well, Seymour, m.a. Ch. Ch. Ashworth, J. A. m.a. Hrasenose Astbury, C. J. m.a. Bras nose Astley, Charles T. m.a. Jesus Atkinson, R. m.a. St. Edmund Hall J. A. M.A. Exeter „ MilcF, m.a. Lincoln „ Richard, m.a. St. John's Auriol, Edw. m.a. Ch. Ch. Austen-Leigh, J. E. m a. Exeter Austin, W. E. C. m.a. New College „ John, S. m.a. Trinity Awdry, W. H. m.a. Exeter „ Charles, b.c.l. New College „ J. W. m.a. Oriel Back, John, m.a. Trinity Bacon, Hugh. m.a. Trinity Bagot, II. C. m.a. All Souls „ Lewis, F. m.a. All Souls ,, F. o.c.l. All Souls Baines, J. m.a. St. John's Baird, Wm. m.a. Lincoln Baker, R. m.a. Magdalen Hall „ Sla.le, m.a. University Ball, J. b.d. St. John's Balston, T. m.a. Brasenose „ Charles, b.d. Corpus Bankes, Fred. b.d. Magdalen Hall Banner, Thomas B. m.a. Brasenose Barber, John, m.a. Worcester Kaichard, F. m.a. Ch. Ch. Barff, Alfred, m.a. Pembroke Barker, T. F. m.a. Brasenose „ T. C. m.a. Ch. Ch. ,, Arthur A. B D. Masjualen „ Thos. R. m.a. Merton „ F.M.R. m.a. Oriel ,, Thos. m.a. Queen's ,, Alfred G. m.a. Irinity „ Charles R. m.a. Wadham Barlow. E. iV. m.a. Exeter B T ew College Radcliffe, J. W. m.a. Lincoln Ralph, J. R. K. m.a Queen's Bamsav, J. H. m.a. Ch. Ch. Randall, R. W. m.a. Ch. Ch. „ Jas. L. m.a. New College „ James, m.a. Trinity Randolph, E. J. m.a CU. Ch. „ Herb. m.a. Ch. Ch. , J. H. m.a. Ch. Ch. „ L. C. m.a. Ch. Ch. „ Thos. m.a. Ch. Ch. ,, Wm. C. m.a. Trinity Ranken, Chas. m.a. Ch. Ch. „ Chas. E. m.a. Wadham Rann, R. E. m.a. Queen's Ravensbaw, T. F. T. m.a. Oriel Rawdon, J. H. m.a. Brasenose Rawlins, John, m.a. St. John's „ T. S. F. m.a. Worcester Reay, T. O. m.a. Exeter Redfern, W. T. m.a. Magdalen Hall Redifer, A. m.a. St. Mary Hall Reibey, J. H. m.a. Trinity Remington, R. m.a. Pembroke Renaud, George, m.a. Corpus „ William, m.a. Exeter Rennett, H. P. m.a. Worcester Rew, Chas. B.D. St. John's Rhoades, E. J. m.a. Pembroke Rhodes, H. J. m.a. Corpus Rice, R. J. H. m.a. Exeter „ J. M. b.d. Magdalen „ C. H. m.a. St. John's Rich, John, m.a. Ch. Ch. Richards, H. W. P. m.a. Ch. Ch. „ Edw. T. m.a. Corpus „ J. W. m.a. Corpus „ W. U. m.a. Exeter „ George, d.d. Pembroke Richardson, H. H. m.a. St. Mary Hall Richmond, W. A. m.a. Lincoln Ftickards, Samuel, m.a. Oriel Ricketts, M. H. m.a. Exetc-r Riddell, J. C. B. m.a. All Souls „ James, m.a. Balliol Ridding, G. m.a. Exeter „ C. H. m.a. Magdalen Ridgwav, Jas. M.A. Lincoln Ridley, W. H. m.a. Ch. Ch. Risley, Robert W. m.a. Exeter „ John H. e.c.l. New College „ W. C. m.a. New College Robbing, John, m.a. Ch. Ch. and N.I.H. Roberton, J. L. m.a. Magdalen Hall Roberts, H. m.a. Ch. Ch. „ R. L. m.a. St. John's Robertson, D. m.a. Cli. Ch. „ Wm. d.c.l. Magdalen „ J. E. P. d.c.l. Magdalen Hall Robeson, H. m.a. Balliol Robin, P. R. m.a. Brasenose Robins, J. W. m.a. St. John's Robinson, H. m.a. Alban Hall „ J. E. m.a. Ch. Ch. „ Francis, m.a. Corpus ,, W. S. m.a. Exeter „ A. E. m.a. New College „ John, m.a. Oriel „ Charles J. m.a. Queen's „ R. B. m.a. Queen's Robson, E. H. m.a. Worcester Rogers, John, m.a. Brasenose ,, E. m.a. Ch. Ch. „ T. P. m.a. Ch. Ch. Rolt, John, m.a. University Rookin, Hen. m.a. Queen's Roper, T. H. m.a. St. John's Ross, J. L- m.a. Oriel Rothwell, R. R. m.a. Brasenose Routh, John W. m.a. Magilalen Rowden, Edw. m.a. New College „ Robert, m.a. Wadham Rowland, C. B. m.a. Si. John's Rowley, R. m.a. Ch. Ch. Royds, Edw. m.a. Brasenose Rusbridger, J. m.a Wadham Russell, S. H. b.d. St. John's „ Thos. m.a. St. John's Rust, George, m.a. Pembroke Rutter, E. m.a. Magdalen Hall Ryde, J. G. m.a. St. John's Ryder, G. R. m.a. Ch. Ch, Ryley, Edward, m.a. Trinity Sage, W. H. m.a. Trinity St. Aubyn, St. A. M. M.A, Ch. Ch. St. Ledger, E. F. m.a. Queen's Sale, C. J. m,a. Lincoln „ Thomas, d,d. Magdalen „ T. W. m.a. Wadham Salmon, H. T. m,a, Exeter Salt, Thomas, m.a. Balliol Salwey, Henry, m.a. Ch Ch. Sanders, W. S. m.a. Exeter Sandford, H. R. P. m.a, Magdalen Hall Sandham, H. M. m.a. St, John's Sandilands, R, S. B. m.a. Ch. Ch. Sandys-Lumsdaine, Edwin, m.a, St. John's Sankey, W. T. m.a. Exeter „ P. M. m.a. Corpus „ Richard, m.a. Corpus Saulez, E. C. P. m.a. St. Mary Hall Saunders, H. C. m.a. Ch. Ch. „ A. C. m.a. Pembroke Savage, W. m.a. Queen's Savory, Edm. m.a. Oriel Sayer, J. m.a. Trinity Scholey, W. S. m.a. St. John's Scholneld, H. D. d.m. Brasenose „ P. m.a. University Sclater-Booth, G. m.a. Balliol Scott, G. H. C. m.a. Exeter „ Wm. m.a. Queen's „ F. C. m.a. St. John's „ J. H. m.a. Wadham Scratton, W. M.A. Ch. Ch. Scrivener, A. m.a. Worcester Sedgwick, J. d.d. Magdalen Sellwood, J. B. m.a. St. John's Sergeant, Edm. W. m.a. Balliol Severne, J. E. M.A. Brasenose Sewell, Wm. M.A. New College Seymer, H. K. d.c.l. All Souls Seymour, H. F. M.A. All Souls „ R. m.a. Ch. Ch. „ Chas. F- m.a. University Shadwell, A. T. W. m.a. Balliol Shakespear, W. A. m.a. Exeter Shand, Geo. m.a. Queen's Sbann, Tho. m.a. University Shapter, H. D. m.a. Worcester Sharpe, L. A. n d. St. John's „ Marm. L. M.A.Worcester Shaw, G. F. E. m.a. New Inn Hall „ J. B. M A. New Inn Hall Sheffield, C. m.a. Ch. Ch. Shepherd, Francis B. m.a. Oriel Sheppard, Jas. H. m.a. Queen's „ John G. d.c.l. Wadham Sliipton, J. N. d d. Balliol Shirley, E. P. m.a. Magdalen Shirrer^ Samuel B. m.a. Wadham Shuldham, John, m.a. Cb. Ch. „ N- Lemuel, m.a. Magdalen Sliute, Henry, m.a. Oriel ,, H. m.a. Pembroke „ G. B. H. m.a. Wadham Sibthorp, H. \V. m.a. Exeter Sikes, T. Burr, m.a. St. John's Sillifunt, C. W. m.a. St. John's Silvester, Fred, m.a St. John's Simcoe, H. A. m.a. Wadham Simmons, Thos. F. m.a. Worcester Simpson, Thos. B. m.a. Lincoln Skelehley, A. E. d.d. Magdalen Hall Skey, F. C. m.a. Worcester Skrine, H. m.a. Wadham „ H. D. m.a. Wadham Sladen, E. H. M. m.a. Balliol Slatter, John, m a. Lincoln „ William, m.a. Lincoln Slessor, J. H. m.a. University Slight, H. S. b.d. Corpus Slocock, O. Edm. M a. Pembroke Smallwood, E. B. m.a. Worcester Smart, New. R. m.a. Cb. Ch. Smith, Isaac G. m.a. Brasenose „ Jeremiah, F. m.a. Brasenose „ King, m.a. Brasenose „ George, m.a. Exeter „ Albert, m.a. Lincoln „ Robert F. m.a. Lincoln „ William, m.a. Lincoln „ Harris, d.d. Magdalen „ John, m.a. Magdalen Hall „ Villiers C. m. a. New College „ G. S. F. m.a. Queen's „ Henry, m.a. Queen's „ Thos. H. m.a. Queen's ,, Wm. Joseph, m.a. Queen's „ Fred. m.a. St. John's „ Edgar G. m.a. Wadham „ A. E. C. m.a. Worcester „ Edm. J. m.a. Worcester Smyth, Christ, m.a. Trinity „ Wm. m.a. Wadham Smythe, P. M. m.a. Ch. Cb. Sneyd, Walter, m.a. Ch. Ch. Somerset, G. R. H. d.c.l. All Souls Southby, R. W. m.a. Wadham Spencer, C. V. m.a. Ch. Ch. „ Isaac, m.a. St. Mary Hall Sperling, H. G. W. m.a. Oriel Stafford, J. C. b.d. Magdalen Stallard, J. O. m.a. Lincoln Stanhope, B. L. S. m.a. All Souls „ W. T. W. S. m.a. Ch. Ch. Staniforth, T. m.a. Ch. Ch. Stanley, Edw. M. m.a. Worcester Stanton, W. D. m.a. Exeter „ J. J. m.a. St. John's Stapleton, E. H. m.a. Ch. Ch. Stapylton, W. C. m.a. Merton Starkey, A. B. C. b.d. St. John's Stebbing, T. R. R. m.a. Worcester Steele, George, m.a. Worcester Stephens, C. m.a. Balliol „ R. R. b.c.l. New College Stephenson, J. H. m.a. Queen's „ Glanville, m.a. Wadham Stevens, J. C. M. m.a. Ch. Ch. Stewart, M. J. m.a. Ch. Ch. „ J. A. S. m.a. Ch. Ch. Stobart, H. m.a. Queen's Storker, C. W. d.d. ^t. John's Stone, Wm. m.a. Brasenose Stopford, Fred. M. m.a. Ch. Ch. Stott, G. m.a. Worcester Stowell, Thos. A. m.a. Queen's Strange, W. A. d.d. Pembroke Strangways, H. F. m.a. Wadham Streatfeild, N. W. m.a. Ch. Ch. - Streeten, E. C. m.a. Queen's Strong, W. A. m.a. Cn. Ch. „ T. A. m.a. Exeter Stroud, John, m.a. Merton Stubbs, Wm. m.a. Trinity Sturton, Jacob, m.a. Trinity Style, C. M. b.d. St. John's Sulivan, H. W. m.a. Balliol Sumner, C. m.a. Balliol „ G. Hen. m.a. Balliol „ John M. m.a. Balliol Sutton, R. S, M.A. Exeter „ Robert, m.a. Exeter „ F- H. m.a. Magdalen „ W. II. m.a. St. John's Swabey, M. C. M. d.c.l. Ch. Ch. Swuinson, O. L. m.a. Brasenose „ C. L. b.d. St. John's Swayne, J. m.a. Magdalen Hall „ R. G. m.a. Wadham Sydenham, J. G. m.a. Exeter Symonds, H. m.a. Magdalen Hall Talbot J. G. m.a. Ch. Ch. Talman, F. H. d.c.l. Magdalen Hall Tainplin, G. F. m.a. St. John's Tancock, 0. J. d.c.l. Wadham Tanner, James, m.a. Pembroke Tate, Fran. m.a. University Tatham, G. E. m.a. Merton Taylor, Henry, m.a. Mngdalen Hall „ R. A. m.a. Magdalen Hall „ John, m a. Pembroke „ Chas. J. m.a. St. John's „ H. A. m.a. St. John's Teale, T. P. b.m. Brasenose Temple, Hen. m.a. Brasenose „ Wm. Hen. m.a. Trinity Ten-Broeke, A. J. m.a. Magd. Hall Terry, Chas. m.a. Exeter „ Francis, m.a. Exeter Thackeray, F. St. John, m.a. Lincoln, Thackwell, W. H. m.a. Biasenose ,, Stephen, m.a. Pembroke Theobald, James, m.a. Trinity Thicknesse, F. H. m.a. Brasenose- Thoma«, R. G. m.a. Ch. Ch. „ Thos. m.a. Jesus „ E. m.a. Magdalen Hall „ T. K. m.a. St. John's „ David, m.a. Worcester Thompson, H. Bart. m.a. Oriel „ George, m.a. Oriel ,, Hen. John, m.a. Queen's Thomson, John, m.a. Exeter Thorne, Joseph, m.a. Exeter Thornton, S. m.a. Queen's „ R. d.d. St. John's Thornycroft, J. m.a. Brasenose Thorpe, H. m.a. St. John's Thursby-Pelham, A. a.m. University Tidswell, Rich. T. m.a. Worcester Timbrill, John, d.d. Worcester Todd, Ediv.H. m.a. Worcester Tomes, Robert, m.a. Magdalen Hall Tomlins, Richard, m.a. Ch. Ch. Tompson, J. E. m.a. Ch. Ch. Topham, J. m.a. Worcester Topping, G. L. m.a. Brasenose Townsend, C. H. m.a. Lincoln Tragett, T. H. m.a. Corpus ,- Treffry, E. J. m.a. Lincoln Trevelyan, E. 0. m.a. Corpus ,, W. P. m.a. Worcester Trevennen,T. J. m.a. Magdalen Hall „ W. J. m.a. Trinity Trevor, E. m.a. Magdalen Hall Trimmer, A. A. m.a. St. John's Trinder, Dan. m.a. Exeter Tringham, W. m.a. St. John's Tripp, H. m.a. Worcester Tristram, H. B. m.a. Lincoln „ Thomas H. d.c.l. Lincoln Trye, J. R. m.a. Jesus „ Henry N. m.a. Pembroke Tucker, John, b.d. Corpus Tudor, T. 0. m.a. Exeter Tudway, Hen. m.a. Trinity Tugwell, G. m.a. Oriel SELECT COMMITTEE ON UNIVERSITY TESTS. 359 Tull, Alb. Rich. m.a. Exeter Tunnard, J. m.a. Exeter Tupholme, B.S. jr. A. Magdalen Hall Turner, Wm. H. b.d. Corpus „ Thos. R. m.a. Queen's A. m.a. St. John's ,, Geo. F. m.a. Trinity Tweed, Robert, m .a. Exeter Twemlow, T. F. m.a. Ch. Ch. Tyler, G. G. m.a. Ch. Ch. Underwood, C. E. m.a. Balliol „ Richard, m.a. St. John's Unwin, E. W. m.a. Pembroke Utterton, J. S. m.a. Oriel Valentine, W. m.a. Worcester Vander9tegen, W. H. m.a. Brase- nose Vaughan, A, C. C. m.a. Worcester Vaux, W. S. W. m.a. Balliol Vawdrey, D. m.a. Brasenose Veck, H. A. m.a. Magdalen Hall Vernon, W. H. m.a. Magdalen Hall Veysie, Dan. b.d. Ch. Ch. Villar, J. G. m.a. Worcester Vincent, Fred. m.a. Brasenose „ Richard, m.a. Brasenose „ Wm. M.A.Ch.Ch. Tores, Thos. m.a. Wadham Waddington, G. G. M.A. New College Walford, J. H. N. m.a. Ch. Ch. Walker, Sam. II. m.a. Balliol „ Joseph, m.a. Brasenose „ Joseph, m.a. Brasenose „ Fred. J. m.a. Exeter „ Rich. Z. m.a. Magdalen „ H. A. M.A. Oriel „ T. A. m.a. St. John's „ James, m.a. Trinity „ John R. m.a. University „ Robert H. m.a. Wadham Wallace, C. H. M.A.Pembroke Waller, Edm. m.a. Brasenose „ Ernest A. m.a. Trinity Walsh, Digby, m.a. Balliol „ J. H. A. m.a. Balliol Walters, C. m.a. Magdalen Hall „ Chas. m.a. Merton Warburton, Mark, b.d. Queen's Ward.WiA. P. m.a. Oriel „ E. J. m.a. Trinity Waneford J. H. m.a. Worcester Warner, Rich. Edw. M.A.Exeter „ D. F. b.d. Magdalen Hall „ Charles, m.a. Worcester Warren, B. P. m.a. Exeter „ F. K. m.a. Oriel Warry, G. Deedes, M.A.Trinity Wasoy, J. S. m.a. Trinity Waters, E. T. m.a. Worcester Watkin, J. W. d.c.l. St. Edmund Hall Watkins,M. G. M.A.Exeter „ H. G. m.a. Worcester Watson, George, m.a. Trinity Watts, R. Rowley, m.a. University Wauchope, D. m.a. Wadham Webb, Perceval, m.a. All Souls „ R. James, m.a. Lincoln Webster, Mont. m.a. Lincoln Weigall, E. M. m.a. Pembroke Welby, W. H. E. m.a. Corpus Welldon, J. I. d.c.l. St. John's West, R. T. m.a. Ch. Ch. „ W. E. S. m.a. Ch. Ch. „ Henry, m.a. Exeter „ Geo. m.a. Magdalen Hall Westoby, A. m.a. St. Edmund Hall Wetherell, W. b.c.l. New College Wharton, J. m.a. Queen's ,, Joseph C. M.i. Worcester Wheeler, (i. D. m.a. Wadham „ T. L. M.A. Worcester Whitaker, John A. m.a. St. John's White, A. L. m.a. Balliol „ John T. m.a. Corpus „ F. G. m.a. Lincoln „ John, m.a. Lincoln „ Robert M. d.d. Magdalen „ Glyd, m.a. Oriel „ F. L. G. m.a. Worcester Whitehead, T. m.a. Exeter „ William, m.a. Worcester Whitelock, R. m.a. Lincoln Whitfield, G. T. m.a. St. John's Whitlock, G. S. m.a. Brasenose ,, J. A. m.a. Brasenose Whittingham, S. d.d. Corpus Whorwood, T. H. d.d. Magdalen Wickens, James, m.a. Ch. Ch. Wickham, E. D. m a. Balliol „ Latham, m.a. Ch. Ch. „ Fred. P. m.a. New College „ H. J. m.a. New College Wigan, W. L. m.a. Ch. Ch. „ A. M.A. St. John's Wightwick, H. m.a. Pembroke Wilberforce, W. F. m.a. University Wild, Marshall, m.a. Queen's Wilder, II. B. m.a. Balliol Wilgress, G. F. m.a. Exeter Wilkins, Arthur D. m.a. New College Wilkinson. T. H. m.a. Brasenose „ W. G. m.a. Worcester Willett, C. S. m.a. Oriel Williams, A. J. m.a. Ch. Ch. „ John, m.a. Ch. Ch. ,, Edw. T. m.a. Exeter „ John, b.d. Jesus „ Owen LI. m.a. Jesus „ Thomas, m.a. Jesus „ T. N. m.a. Merton „ Henry B. m.a. New College „ C. Th. m.a. Pembroke „ George G. m.a. Trinity „ Isaac, b.d. Trinity „ Thomas J. m.a. University Willis, Charles F. m.a. Corpus Willoughby, Edward C. m.a. Oriel Wills, T. A. M.A. St. John's Willson, W. W. M.A. St. John's Wilson, Robert S. m.a. Brasenose „ W. O. P. m.a. Balliol „ A. C. m.a. Ch. Ch. „ John, e.d. Corpus „ R. F. m.a. Oriel „ William, d.d. Queen's „ William, d.d. Wadham Witubush, Samuel, m.a. Brasenose Windle, W. M.A Magdalen Hall Wingfield, E. b.c.l. New Cullege „ Harry, L. m.a. New College Winter, G. R. m.a. Brasenose Wintle, B. W. m.a. St. John's Wise, W. J. M.A. St. John's „ John, m.a. Wadham Wither, W. H. W. B. b.c.l. New Coll. Witts, E. F. m.a. Magdalen Hall Wix, B. H. E. m.a. New Inn Hall „ E. m.a. Trinity Wodehouse, E. FI. m.a. Ch. Ch. „ P. C. m.a. Exeter ,, W. m.a, Merton Wollocombe, J. B. m.a. Trinity Wood, Chas. Jas. m.a. Brasenose „ Robert F. m.a. Brasenose „ J. R. m.a. Ch. Ch. „ J. Ryle, m.a. Ch. Ch. „ William, m.a. Trinity Woodgate, H. A. b.d. St. John's Woodhouse, T. m.a. St. John's Woods, W. L. m.a. St. John's „ Geo. Hen. m.a. Wadham Woollam, J. m.a. St. John's Woollcombe, W. W. b.d. Exeter „ W. W. m.a. Exeter Woolmer, C. E. S. m.a. Exeter Woolwaid, A. G. m.a. Magdalen Wordsworth, C. D c.L. Ch. Ch. Workman, W. K. m.a. Worcester Worsley, J. II. m.a. Magdalen Wright, Henry, m.a. Balliol „ Harry, m.a. Magdalen Hall „ Aug. R. B. m.a. Queen's „ Wm. m.a. St. John's ,, R. B. m.a. Worcester Wrottesley, Edw. John, m.a. Univ. Wyatt, C. F. m.a. Ch. Ch. „ Henry H. m.a. Queen's Wykeham, Fienncs, W. S. T. M a. New College Wyld, W. T. m.a. Ch. Ch. Wylie, Geo. m.a. Queen's „ William J. m.a. Trinity Wynne, Charles J. m.a. Jesus Wynter, J. C. m.a. St. John's Yard, Thos. m.a. Exeter Yarde-Buller, J. B. m.a. St. Mary Hall Yonge, J. B. m.a. Balliol „ Duke, m.a. Exeter Young, F. m.a. Balliol ,, Henry T. m.a. Balliol „ N. Barton, m.a. New College „ W. E. A. m.a. Worcester (17.) z z 3 360 APPENDIX TO REPORT FROM THE Appendix D. Appendix D. NEW COLLEGE.— October Term, 1870. Attendance at Number required to Date. Chapel. Roll Call. Attend. October ... Saturday 15 44 Monday 17 38 4 Tuesday 18 27 13 58 Wednesday 19 38 11 Thursday 20 36 9 Friday 21 34 12 Saturday 22 32 14 Monday 24 26 17 Tuesday 25 31 10 57 Wednesday 26 31 13 Thursday 27 29 14 Friday 28 24 18 -, Saturday 29 26 18 Monday 30 30 15 November ... Tuesday 1 17 20 » 57 Wednesday 2 27 14 Thursday 3 27 10 , Friday 4 27 16 Saturday 5 29 14 Monday 7 27 14 > 57 Tuesday 8 28 13 Wednesday 9 27 17 Thursday 1 26 19 Friday 1 1 21 13 Saturday 12 26 19 Monday 14 28 17 > 57 Tuesday 15 22 11 Wednesday 16 30 18 Thursday 17 28 15 J Friday 18 25 20 Saturday 19 27 15 Monday 21 30 12 Tuesday 22 31 11 57 Wednesday 23 27 14 Thursday 24 30 14 Friday 25 25 9 Saturday 26 28 13 Monday 28 32 11 44 Tuesday 29 23 9 ( 1 3 having already Wednesday 30 17 14 kept 30 mornings.) December - Thursday 1 20 4 . Friday 2 21 9 Saturday 3 20 7 Monday 5 25 5 31 Tuesday 6 13 3 (26 having kept 30 Wednesday 7 17 7 mornings.) Thursday 8 12 2 . Average Attendance : 1. At daily Morning Service (about h) - - - - . . . 26 in <52 2. At daily Roll Call - - - - 12 in 52 3. At Holy Communion (every alternate Sunday at 8 a. m.) - - from 15 to 20 Every undergraduate resident in. college is required to attend either chapel or roll-call on at least 30 week days in the term of eijrht weeks, and to attend service in chapel at 10.30. a.m. on Sunday, At this service a sermon is preached on alternate Sundays. unless specially excused. SELECT COMMITTEE ON UNIVERSITY TESTS. 361 Appendix E. PAPER handed in by Mr. Hume. ANALYSIS of Appendix to Report of the Lords Select Committee on Universities Tests Bill, 1870, as regards Fellowships and College Officers. college. OXFO RD : University ------ Balliol Merton ...... Exeter ------- Oriel Queen's ------ New Lincoln ------ All Souls (Hansard LXXX, p. 203, no return in Appendix). Magdalen ------ Brasenose ------ Corpus Cbristi - - - - Christ Church (Hansard LXXX. p. 203, the Return in the Appendix is obscure). Trinity St. John's Number of Fellows. Jesus - Wadham Pembroke Worceater CAMBRIDGE: St. Peter's - - - - Clare - - - - - Pembroke - - - - Cains - - - - - Trinity Hall - - - - Corpus Christi - - - King's Queen's - - - - St. Catharine's - - - Jesus - - - - - Christ's - St. John's - - - - Magdalen - - - ■ Trinity (no Return in Appendix) Emmanuel - - - - Sidney - Downing - 13 11 24 15 17 19 40 10 30 30 15 20 28 12 27 Old Fellows • 4 New Fellows 13 14 10 16 14 18 13 32 13 12 52 13 9 16 15 56 5 60 12 Number of Fellows holding College Offices. 6 or 7 6 8 9 4 9 8 or 9 3 None, because no Und ergraduates. 10 7 6 2 Old Fellows - 10 New Fellows. 4 7 Old Fellows - 2 New Fellows - 8 5 9 6 Number of Fellows who must be in or proceed to Holy Orders. 4 4 12 All ; or hold office 5 9 8 must proceed to 20 6 6 19 4 15 Old Fellows - Two-thirds New Fellows. 9 5 Two thirds Whether Clerical Head and Fellows now necessarily are a Majority. 3 3 5 6 5 4 10 4 3 7 8 6 3 Allmustproceed to or 4 3 7 6 5 10 must proceed to 17 All ; or hold office 3 2 . All ; or hold office 7 4 All Half 4 1 no. no. no. no. no. yes. no. yes. no. yes. no. no. yes. no. yes. yes. no. yes. yes. no. no. no. no. no. yes. no. yea. no. no. yes. no. yes. no. no. yes. no. Oxford (19 Colleges) - Cambridge (17 Colleges) General Result. Colleges having Clerical majority - Colleges not having Clerical majority Colleges having Clerical majority - Colleges not having Clerical majority 8 - 11 5 - 12 (17.) z z 4 Brought from the Lords, 19 May 1871. SECOND E P O E T FROM THE SELECT COMMITTEE OF THE HOUSE OF LORDS ON UNIVERSITY TESTS; WITH THE PKOCEEDINGS OF THE COMMITTEE. Session 1871. Ordered, by The House of Commons, to be Printed, 19 May 1871. 237- REPORT p. iii PROCEEDINGS OF THE COMMITTEE - - - - - p. v ( iii ) SECOND REPORT. BY THE SELECT COMMITTEE appointed to inquire into the best Mode of providing proper Safeguards for the Maintenance of Religious Instruc- tion and Worship, and for the Religious Character of the Education given in the Universities and the Colleges and Halls thereof, in any measure for enabling Persons not now eligible to hold offices therein. ORDERED TO REPORT, That the Committee have inquired into the matters referred to them, and having considered the Evidence already reported, have agreed to the following Resolutions, and have directed the same to be reported to your Lordships : 1. That no Test be required to enable any person to take any degree, other than Divinity degrees; or to hold any University office, other than Divinity Professorships. 2. That no Test be required to enable any person to hold a fellowship. 3. That Tutors, Assistant Tutors, Deans, Censors, and Lecturers in Divinity, be required to make the following declaration : — I, A. B., solemnly declare that, while holding the office of I will not teach any opinion opposed to the teaching and Divine authority of the Holy Scriptures of the Old and New Testament." 4. That Heads of Colleges be excepted from the operation of the Bill. 5. That each College shall be required to provide religious teaching for members of the Church of England in statu pupillari belonging to the College. 6. That no person shall be compelled to attend any lectures to which his father or guardian shall object, or that shall be contrary to the tenets of any religious denomination to which that person shall belong. 7. That the maintenance of existing chapel services shall be obligatory; discretion to abridge them being left with the Head of the College. 8. That no change shall be made in the qualifications required for Headships and Fellowships by statutes and ordinances, except by authority of Parliament. 9. That no Fellow, unless he shall have become and continued to be a Tutor, Lecturer, or Dean of his College, shall be one of the Governing Body of such College until he shall have been an M.A. or B.C.L. of the University for three years. (78.) a 2 ( iv ) ORDER OF REFERENCE. Die Lunce, 13 u Februarii, 1871. Universities of Oxford, Cambridge, and Durham. Moved, That a Select Committee be appointed to inquire into the best mode of pro- viding proper safeguards for the maintenance of religious instruction and worship, and for the religious character of the education given in the said Universities and the Colleges and Halls thereof, in any measure for enabling persons not now eligible to hold offices therein. Agreed to (The Marquess of Salisbury) : The Committee to be named To- morrow. Die Martis, 14° Februarii, 1871. University Tests. Select Committee on : The Lords following were named of the Committee to inquire into the best mode of providing proper safeguards for the maintenance of religious instruction and worship, and for the religious character of the education given in the Universities and the Colleges thereof, in any measure for enabling persons not now eligible to hold offices therein : The Committee to meet on Friday next at Three o'clock, and to appoint their own Chairman : Lord Archbishop of York. Lord President. Duke of Somerset. Duke of Marlborough. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl of Morley. Earl Beauchamp. Earl of Kimberley. Lord Bishop of Gloucester Bristol. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. Lord Hartismere. and Die Veneris, 17° Februarii, 1871. The evidence taken before the Select Committee from time to time to be printed for the use of the Members of this House ; but no copies thereof to be delivered, except to Members of the Committee, until further order. { v ) LORDS PRESENT, AND MINUTES OF PROCEEDINGS AT EACH SITTING OF THE COMMITTEE. Die Veneris, 17" Februarii, 1871. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Lyveden. LORDS PRESENT Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Powis. Earl of Harrowby. Order of Reference read. It is proposed that the Marquess of Salisbury should take the Chair. The same is agreed to, and the Marquess of Salisbury takes the Chair accordingly. The course of Proceeding is considered. Ordered, That the Committee be adjourned to Tuesday next, Twelve o'clock. Die Martis, 21° Februarii, 1871. LORDS PRESENT : Duke of Somerset. Marquess of Salisbury. Earl Stanhope. Earl of Harrowby. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Lyveden. Lord Houghton. The Marquess of Salisbury in the Chair. Order of adjournment read. Order of the House of Friday last " That the Evidence taken before the Select Com- mittee from time to time be printed for the use of the Members of this House, but no copies thereof be delivered except to Members of the Committee until further order " read. The Proceedings of the Committee on Friday last are read. The following "Witness is called in, and examined (vide the Evidence) : the Very Rev. Robert Scott, d.d., Dean of Rochester. Ordered, That the Committee be adjourned till Friday next, Twelve o'clock. (78.) a 3 VI PROCEEDINGS OF SELECT COMMITTEE Die Veneris, 24° Februarii, 1871. LORDS PRESENT Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Harrowby. Earl of Morley. Earl Beauchamp. Earl of Kimberley. The Marquess of Salisbury in the Chair Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Lyveden. Lord Houghton. Lord Hartismere. Order of adjournment read. The Proceedings of the Committee on Tuesday last are read. The following Witnesses are called in, and examined (vide the Evidence) : the Rev. H. W. Cookson, D.D., Master of St. Peter's College, Cambridge; Professor George Gabriel Stokes, F. R. S. ; Charles Appleton, Esq. Ordered, That the Committee be adjourned to Tuesday next, Twelve o'clock. Die Martis, 28° Februarii, 1871. LORDS PRESENT: Duke of Somerset. JMarquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Harrowby. Earl of Morley. Earl of Kimberley. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Lyveden. Lord Houghton. The Marquess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Friday last are read. The following Witnesses are called in, and examined (vide the Evidence) : the Rev. Henry Parry Liddon, Canon of St. Paul's ; the Very Rev. Henry Longueville Mansell, D. D., Dean of St. Paul's. Ordered, That the Committee be adjourned to Friday next, Twelve o'clock. Die Veneris, 3° Martii, 18/1. LORDS PRESENT: Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl of Morley. Earl of Kimberley. Lord Colchester. Lord Rosebery. Lord Lyveden. Lord Houghton. Lord Hartismere. The Marquess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Tuesday last are read. The following Witnesses are called in, and examined (vide the Evidence) : viz the Rev. William Hepnorth Thompson, d.d., Master of Trinity College, Cambridge ; Charles Neate, Esq. ; Numa Edward Hartog, Esq. Ordered, That the Committee be adjourned to Tuesday next, Twelve o'clock. ON .UNIVERSITY TESTS. Die Martis, 7° Martii, 1871. vu Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope, Earl of Carnarvon. Earl Beauchamp. LORDS PRESENT : Earl of Kimberley. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. The Marquess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Friday last are read Ordered, That the Committee be adjourned till Friday next, Twelve o'clock. Die Veneris, 10° Martii, 1871. LORDS PRESENT: Duke of Somerset. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Morley. Earl Beauchamp. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. The Marquess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Tuesday last are read. P The J?r° Win 7 g Wi t nesse « are called in, and examined (vide the Evidence) : viz. Rev William Ince ; Rev. William Magan Campion, d.d. ; and Rev. Edward Charles Woolcombe. Ordered, That the Committee be adjourned to Tuesday next, Twelve o'clock. Die Martis, 14° Martii,l87l. LORDS PRESENT : Duke of Somerset. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Morley. Earl Beauchamp. Earl of Kimberley. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Hartismere. The Marquess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Friday last are read. The following Witnesses are called in, and examined (vide the Evidence) : viz. Thomas Warnker, Esquire, LL.D. ; the Rev. Francis Knyvett Leighton, d.d., Warden of All Souls College, Oxford; Rev. Henry Allon, Independent Minister. Ordered, That the Committee be adjourned to Friday next, Twelve o'clock. (78.) a4 VU1 PKOCEEDINGS OF SELECT COMMITTEE Die Veneris, 17° Martii, 1871. LOKDS PRESENT : Duke of Somerset. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Harrowby. Earl of Morley. Earl Beauchamp. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. Lord Hartismere. The Marquess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Tuesday last are read. The following Witnesses are called in, and examined {vide the Evidence) : viz. Charles Reed, Esquire, a Member of the House of Commons; the Rev. William Henry Bateson, D.D., Master of St. John's College, Cambridge ; the Rev. Edward Atkinson, D.D., Master of Clare College, Cambridge. Ordered, That the Committee be adjourned to Tuesday next, Twelve o'clock. Die Martis, 21° Martii, 1871. LORDS PRESENT : Earl Beauchamp. Lord Colchester. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. Lord Hartismere. Duke of Somerset. Marquess of Salisbury. Earl Cow per. Earl Stanhope. Earl of Carnarvon. Earl of Harrowby. Earl of Morley. The Marauess of Salisbury in the Chair. Order of adjournment read. The Proceedings of the Committee on Friday last are read. The following Witnesses are called in, and examined {vide the Evidence): viz. Mr. Henry Strange Hvme ; the Rev. Benjamin Jowett, D.D., Master of Balliol College, Oxford; the Rev. Alexander Raleigh, r>.D. ; the Rev. John Stoughton, D.D. Ordered, That the Lord in the Chair do obtain leave for the Committee to report from time to time to the House, and, upon such leave being given, do report the Evidence taken before the Committee, together with an Appendix thereto. Ordered, That the Committee be adjourned to Tuesday the 25th of April, One oclock. r Die Martis, 25° Aprilis, 1871. LORDS PRESENT: Duke of Somerset. Duke of Marlborough. Marquess of Salisbury. Earl Cowper. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl of Morley. Earl Beauchamp. Earl of Kimberley. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Stanley of Alderley. Lord Lyveden. Lord Houghton. Lord Hartismere. The Marquess of Salisbury in the Chair. Order of adjournment read. Order ON UNIVERSITY TESTS. IS Order of the House of the 23rd March last, giving leave to the Committee to report from time to time to the House, read. The Proceedings of the Committee on the 21st of March last are read. The following Resolution is proposed by the Earl of Kimberl«y, viz. :— " That the Committee have examined witnesses on the questions referred to them, and that they have received no evidence which induces them to recommend that the Bill now before the House should be altered by the substitution of new legislative safeguards of religious instruction and worship in the Universities for the tests which it is proposed to remove." Objected to. On Question, That the same be agreed to Content. Duke of Somerset. Earl Cowper. Earl of Morley. Earl of Kimberley. Lord Rosebery. Lord Lyveden. Lord Houghton. Not Content Duke of Marlborough. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Hartismere. The following Resolutions are then proposed by the Chairman : « I That no test be required to enable any person to take any degree, other than Divinity degrees; or to hold any University office, other than Divinity Professorships. " 2. That no test be required to enable any person to hold a fellowship. " 3. That Tutors, Assistant Tutors, Deans, Censors, and Lecturers in Divinity, be required to make the following declaration :— » I, A. B„ solemnly declare that, while holding the office of — -, I will not teach any opinion opposed to the teaching and Divine authority of the Holy Scrip- tures of the Old and New Testament, or to the Divinity of our Lord and Saviour Jesus Christ." « 4. That Heads of Colleges be excepted from the operation of the Bill. « 5 That each College shall be required to provide adequate religious teaching for members of the Church of England in statu pupillari belonging to the College. « 6. That no person shall be compelled to attend any lectures to which his father or guardian shall object. = « 7 That the maintenance of chapel services shall be obligatory ; discretion to abridge them being left with the Head of the College. «8 That no change be maHe in the statutory qualifications required for Headships and Fellowships, except by authority of Parliament. teaching given to members thereof. The 1st and 2nd Resolutions are read, and agreed to. The 3rd Resolution is read. mi . .a. f„ii™; m portion of the third Resolution be It is moved by the Chairman, That the ^Ignng P c °™ s % nd Lecturer s in Divinity agreed to, viz. : « That Tutors, Assistant Tutors, D^ns ^ ^ s0 , d lare that while K requir'ed to make >the following dedjwhon -I, f\ n t' n opposed to the teaching and holding the office of —-, I will n0 ^ffldLdTew Testament." Divine authority of the Holy Scriptures of the Old ana new Objected (78.) b PROCEEDINGS OF SELECT COMMITTEE Objected to. On Question, That the same be agreed to : Not Content. Duke of Somerset. Earl Cowper. Earl of Morley. Earl of Kimberley. Lord Rosebery. Lord Lyveden. Content. Duke of Marlborough. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Hartismere. It is then moved by the Chairman, That the remaining portion of the third Resolution, viz. — " Or to the Divinity of our Lord and Saviour Jesus Christ," be agreed to ; objected to, and the following Resolution proposed by the Earl of Harrowby, viz. — " That it is not desirable in a general declaration of this nature to place any one doctrine of Chris- tianity, however important, under the special protection of such declaration." On Question, That the words proposed to be omitted, stand part of the third Resolu- tion : Content. Marquess of Salisbury. Earl of Carnarvon. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Hartismere. Not Content. Duke of Somerset. Duke of Marlborough. Earl Cowper. Earl Stanhope. Earl of Powis. Earl of Harrowby. Earl of Morley. Earl of Kimberley. Lord Rosebery. Lord Lyveden The Earl of Harrowby's Resolution is then moved, and objected to. On Question, That the same be agreed to: Content. Not Content. Duke of Marlborough. Duke of Somerset. £arl Stanhope Marquess of Salisbury. Larl of Harrow by. Earl Cowper. Earl of Carnarvon, Earl of Powis. Earl of Morley. Earl Beauchamp. Earl of Kimberley. LordBishop of Gloucester and Bristol. Lord Colchester. Lord Rosebery. Lord Lyveden. Lord Hartismere. Ob]e 1 c?ed t t!;: EeSOlUti0n " *** ,ea<1: -° n Q uestion > T ^ the same be agreed to: Content. Duke of Marlborough. Marquess of Salisbury. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Hartismere. Not Content. Duke of Somerset. Earl Cowper. Earl of Morley. Earl of Kimberley. Lord Rosebery. Lord Lyveden. The 5th Resolution is read, and Amendments are made therein. ON UNIVERSITY TESTS. Xi On Question, That the same be agreed to, as amended. Objected to : Not Content. Duke of Somerset. Earl Cowper. Earl of Morley. Earl of Kimberley. Lord Rosebery. Lord Lyveden. Content. Duke of Marlborough. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Harrowby. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Hartismere. The 6 th Resolution is read. It is moved by the Chairman, That the same be agreed to. Objected to ; and it is moved by the Earl Stanhope, to add the following words at the end of the Resolution : " or that shall be contrary to the tenets of any religious denomi- nation to which that person shall belong." On Question, That the said words be added : Not Content. Earl Cowper. Earl of Powis. Earl Beauchamp. Earl of Kimberley. Lord Rosebery. Content. Duke of Somerset. Duke of Marlborough. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Morley. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Lyveden. Lord Hartismere. It is then moved by the Chairman, That the said Resolution, as amended, be agreed to. On Question : Content. Not Content. Earl Cowper. Earl of Kimberley. Lord Rosebery. Duke of Somerset. Duke of Marlborough. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl of Morley. Earl Beauchamp - Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Lyveden. Lord Hartesmere. The 7th Resolution is read, and agreed to. The 8 th Resolution is read, and Amendments are made therein. The said Resolution, as amended, is agreed to. The 9th Resolution is read, and amended ; and is as follows :— « That no Fellow, unless he shall have become and continued to be a Tutor Lecturer or Dean of his College, shall be one of the governing body of such College until he shall hive teen an MA. or of theTJniversity fo* five years, and shall have been elected into it by the then existing governing body." It is then moved by the Earl of Powis to leave out " five," and insert " three " :- Objected to. (78.) On zu PROCEEDINGS OP SELECT COMMITTEE On Question, That the word " five " stand part of the Resolution : Content. Duke of Somerset. Duke of Marlborough. Marquess of Salisbury. Earl Cowper. Earl of Carnarvon. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Stanley of Alderley. The numbers being equal, it is resolved in the Negative. It is then moved by the Chairman, That the first portion of the 9th Resolution, ending at the word " years," be agreed to. The same is agreed to. It is then moved by the Chairman, That the remaining portion of the said Resolution be agreed to. Not Content. Earl Stanhope. Earl of Powis. Earl of Morley. Earl of Kimberley. Lord Colchester. Lord Rosebery. Lord Lyveden. Lord Hartismere. Objected to. On Question : Content. Marquess of Salisbury. Earl of Carnarvon. Lord Bishop of Gloucester and Bristol. Lord Stanley of Alderley. Lord Hartismere. Not Content. Duke of Somerset. Duke of Marlborough. Earl Cowper. Earl Stanhope. Earl of Powis. Earl of Morley. Earl Beauchamp. Earl of Kimberley. Lord Colchester. Lord Rosebery. Lord Lyveden. The 10th Resolution is read, and Negatived. The Resolutions, as amended, are again read. It is moved by the Chairman, That the same be agreed to, and reported to the House. Objected to. On Question. Content. Duke of Marlborough. Marquess of Salisbury. Earl Stanhope. Earl of Carnarvon. Earl of Powis. Earl Beauchamp. Lord Bishop of Gloucester and Bristol. Lord Colchester. Lord Stanley of Alderley. Lord Hartismere. The Draft of a Report having been prepared, the same is read, and is agreed to. — ( Vide the Report.) Ordered, That the Lord in the Chair do make the said Report to the House. Not Content. Duke of Somerset. Earl Cowper. Earl of Morley. Earl of Kimberley. Lord Rosebery. Lord Lyveden. 10 CO to o a. c* <« ij &"" o «5 g 5 m .a o Sja M, „ o CO § • o a 09 •*. O 1 a> o B 00 5 a ►d « t-H o o ft < o o ft b M g 2 i— i O 3 H ts «9 O "3 5 O < *< 10 O S H i-} H H tn « a K! S3 Q SB O O B H ci en S CO O ft ft CO O » O w w 5S a o b to -i > CO M 00 INDEX TO REPORTS PROM THE SELECT COMMITTEE OF THE HOUSE OF LORDS ON UNIVERSITY TESTS. Sessions 1870 and 1871. Ordered, by The House of Commons, to be Printed, 19 May 1871. 237*-I. ANALYSIS OF INDEX. Alphabetical and Classified LIST of the Principal Headings in the following INDEX, with the Pages at which they will be found. PAGE Abolition or Relaxation op Tests : 1. Advocacy of Abolition absolutely - - 1 2. Advocacy of Relaxation rather than Aboli- tion ----..-2 3. Declaration, or Negative Test, recommended by Sir Ruundell Palmer ... 3 4. Question of Partial Abolition as regards Fellowships - .0 5. Feeling of Residents and Non-residents of Oxford and Cambridge, respectively - 4 6. Resolutions of the Committee 4 Anti- Religious Teaching - 5 Conscience Clause - - 18 Dissenters or Nonconformists, 3 . . -21 Final Classical School { Oxford j - - - 30 Heresy - ---.«.*■ Infidelity and Scepticism - - . . . „. Baptist College, Regent's Park .... g Chapel Services : 1. Concurrence of Evidence as to the Import- ance of maintaining the Church of England Service in the College Chapels, and as to the Expediency of a positive Enactment on the subject - - . . - 1 1 2. Suggested Appointment of a Chaplain Fellow by each College ] 2 3. Question of Shortening the Services - u 4. Practice as to Attendance at Chapel: Question of voluntary or compulsory Attendance - - . . . -12 5. Doubt as to any Grievance under the Bill ; limited Value attached to the Chapel Services - - - - . -13 6. Conclusions of the Committee - - - 13 Balliol College -----. Q Clare College " ,g Church of England --... - ir Abolition or Relaxation of Tests j Chapel Services - - . . . . -11 Denominational and Undenominational Colleges - 20 Divinity Professors 2 . Endowments * Fellowships ------ 2 g Heads of Colleges - . . . . * PAGE Church of England — continued. Religious Teaching- ... . ^q Roman Catholics - « - - - - 55 Tutors ----- _.(jj Vice Chancellor - - - - - - (,'3 Clerical Fellowships : 1. Present Proportion of Clerical Fellowships 16 2. Effect of the Sill as regards these Fellow- ships ; expected Agitation on the subject - 16 3. Question of maintaining a certain Proportion of Clerical Fellowships - - - -16 4. Objections to the present System of Election of Clerical Fellows - - - - 1 7 Merton College ------- a \ Colleges - ------- i 7 Conscience Clause - - - - - - -18 Declaration {Negative Test) - - . . 2 o Denominational and Undenominational Colleges : 1. Approval of some Colleges being Denomina- tional and some Undenominational - - 2 1 2. Objections to a System of Denominational and Undenominational Colleges - - 21 3. Probability of some Colleges becoming De- nominational in the Absence of Tests - 21 Dissenters, Sfc, 3 - - - - . -22 Endowments - - - - - . - 2<> Dissenters or Nonconformists : 1. Extent of Hardship in the Exclusion of Dissenters by Reason of the Tests - - 22 2. Benefits anticipated from a numerous Ac- cession of Dissenters to the Universities - 22 3. Conflicting Evidence as to the Effect of an Admixture of Nonconformists and Church- men in the Governing Bodies of Colleges- 22 4. Objections not so much against an Accession of Christian Dissenters, as of Infidels and Sceptics, by an Abolition of Tests - 22 5. Increasing Number of Dissenters at the Universities - - - - . -23 6. Representations generally in Favour if the free Admission of Dissenters - - - 23 7. Particulars in connection with Noncon- formist Colleges - - - . - 2 q ANALYSIS OF INDEX. iii Dissenters or Nonconformists — continued. Abolition of Tests - - - Baptist College, Regents Park - - - Baptists ------- Chapel Services - - - - - • < Cheshunt College Coward! s Trust ------ Davidson, Dr. - - - - - Denominational and Undenominational Colleges Morality ------- New College (Congregationalists) Religious Teaching - - - - - Small Colleges Tutors ------- Unitarians • PAGE l - 9 - 9 - u - 15 - ao - 20 - 21 - 4i - 4 2 - 49 - 57 - 6i - 62 Divinity Professors 24 HuUean Professorship 33 Norrisinn Professorship 4 2 Regius Professor of Divinity - - - - 49 Endowments : 1. Conclusions adverse to Parliamentary In- terference, especially as regards post-Re- formation Endowments - - - 25 2. Views of Nonconformist Representatives - 25 3. Defence of Parliamentary Interference as regaids Endowments generally .- - 2 5 4. Better Security of College Endowments or Property by a Removal of Tests - 5. Suggested re-distribution of Endowments out of Oxford - - - - , " 6., Exceptions taken generally to Religious Endowments - - - - - Fello wships — continued . Oriel College - - - - Religious Teaching • - Roman Catholics Senior Wranglers Statutes of Colleges - Trinity College (Cambridge) Tutors - - - - - University Reform Act of 185 4 - Final Classical School (Oxford) - Heads of Colleges : PAGE - 43 - 49 • 54 - 57 - 57 - 60 - 61 - 63 - 30 Denominational and Undenominational Colleges Downing College Durham University - Exeter College ------ Fellowships • - - Keble College ------ Morley, Samuel, m.p. - - - - National Institutions - - - - Religious Teaching - - - - Fellowships : a6 26 26 21 24 24 26 aG 36 41 41 49 1. Clerical Fellowships - 2. Non-resident Fellowships : Objections to which open ------ 3 Suggestions relative to the Tenure, fyc, of Non-resident and Sinecure Fellowships - 4 Effect of the Bill as to the Election of Fellows : Suggestions on this subject 5. Extent of Exclusion from Fellowships by Reason of Tests - 6 Suggestions for dividing Fellowships into two Classes, and for exempting one Cta from Tests - 7 Statistics relative to Fellowships at Oxford and Cambridge respectively - 6. Resolutions of the Committee - Abolition or Relaxation of Tests - - " Chapel Services, 2 - " Church of England - - " _ Colleges - - " %£&£& "Indenomi.ational Colleges - Dissenters or Nonconformists - Heads of Colleges - " Litigation - 27 28 28 28 29 30 30 1 l 2 i5 17 18 21 21 32 40 1. Concurrence of Evidence to the Effect that Headships of Colleges should be excepted from the Bill 32 2. Dissent from the foregoing View - - 3 2 3. Suggestions as to the Mode of Appointment of Heads of Colleges - - - - 3 2 4. Number of Heads of Colleges now in Holy Orders 3 2 5. Conclusion of the Committee in Favour of a Continuance of Tests for Heads tf Colleges 3 2 Heresy - Infidelity and Scepticism - Anti-Religious Teaching Final Classical School (Oxford) Heresy - - Moral Philosophy - - - - 33 National Institutions - Endowments - Parents -------- Public Opinion ------ Post-Reformation Colleges - - - - Denominational and Undenominational Colleges Downing College - Durham University - - - - - Private Tutors Professors - Abolition of Tests Act of Uniformity Anti-Religious Teaching Divinity Professors Fellowships Heads of Colleges Heresy - Hulsean Professor Modern History Moral Philosophy Norrisian Professor - Religious Teaching - Public Opinion Religious Teaching ? 34 6 30 33 41 41 25 43 47 46 21 24 24 47 47 1 5 b' 1. Extent and Character of the Religious Teaching now given in the Universities and Colleges 2. Divergence of Religious Opinion under the System of Tests - - - - - 3. Less Divergence of Religious Opinion at Cambridge than at Oxford - - - 4. Requirement of oilier Religious Safeguards . than are provided iu the Bill !37 —I. IV ANALYSIS OF INDEX. PAGE Religious Teaching — -continued. 5. Evil Effects apprehended on the Score of Religious Teaching if Tests be abolished- 51 6. Dissent from the foregoing Conclusion - 52 7. Ohjections generally to compulsory Religious Regulations - - - - - 52 8. Safeguard recommended by the Committee 53 Abolition or Relaxation of Tests 1 Chapel Services - - - - - - 1 1 Church of England - - - - - - 1 5 Colleges - - - - - - - -17 Denominational and Undenominational Colleges - 2 1 Dissenters or Nonconformists - - -21 Divinity Professors - ----- 24 Education Act -------24 Fellowships - - - - - - -26 Heads of Colleges - - - - - -31 -Heresy 33 Parents ----- » - - 43 Preamble of the Bill - - - - - 46 Private Tutors -------47 Professors -------47 Public Opinion ------.47 Roman Catholics ------ 54 Secular Education ------ ^7 Small Colleges ------.57 Statutes of Colleges • - - - - -57 Theology 59 Tutors -------- 61 Undergraduates ------ 62 Visitors of Colleges ------ 63 Roman Catholics ... . ^ Small Colleges --------55 PAGE Statutes of Colleges ------- 57 Colleges - - - - - - - *7 Commission - - - - - - -18 Trinity College (Cambridge) • - - - - 60 Tutors : 1 . Present Regulations as to the Appointment and Control of College Tutors - Gt 2. Nature of the Influence of Tutors in regard to the Religious Opinions of the Under- graduates - - - - - -61 3. Clause suggested by Professor Rolleston relative to the Election of Tutors - - 6 1 4. Suggestions generally relative to the Ap- pointment of Tutors, and the Question of a Test Ci Abolition or Removal of Tests 1 Church of England - - - - - -15 Fellowships - - - - - - -26 Heresy 33 Litigation --------40 Private Tutors ------ 47 Religious Teaching ------ 43 Undergraduates - - - - - - -62 Abolition or Relaxation of Tests - - - 1 Anti- Religious Teaching ----- 6 Conscience Clause - - - - - -18 Parents ---.----43 Private Tutors -------47 Religious Teaching - - - - - - 49 ' Tutors 61 Visitors of Colleges -------63 Statutes of Colleges ------ 57 L i ] N D E X. [N.B. — In this Index the Figures following the Names of the Witnesses refer to the Session of 1870 or 1871, and to the numbers of the Questions; those following App. (1870), and App. (1871), to the Pages in the Appendices ; and the Numerals following Second Rep. (1871), to the Final Report of the Committee.] A. ABOLITION or Relaxation of Tests: 1. Advocacy of Abolition absolutely. 2. Advocacy of Relaxation rather than Abolition. 3. Declaration, or Negative Test, recommended by Sir Roundell Palmer. 4. Question of Partial Abolition as regards Fellowships. 5. Feeling of Residents and Non-residents of Oxford and Cambridge respec- tively. 6. Resolutions of the Committee. 1. Advocacy of Abolition absolutely: Witness approves of the abolition of tests, but objects to the Government Bill as being founded, or as liable to be interpreted, in an anti-denominational spirit, Rolleston (1870) 1191-1194. 1275-1278. 1324-1326 Decided approval of an abolition of tests, the evil of the present Bill being that the permissive principle is not extended to the election of fellows, ib. 1260-1263. Witness advocates the entire abolition of university tests, AppleUn (1871) 483 et seq. Very little value or importance attached to the test by those who subscribe to it, ib. 532-541. 544-547 Disapproval of the tests as temptations to insincerity, ib. 566, 567. 569. Opinion adverse to any test upon fellows or tutors; absence of any test for the latter at Cambridge, Thompson (1871) 976-980 Conclusion as to the inexpediency generally of tests, though in the case of Divinity professorships a test may be desirable, ib. 1081- io 9 o Satisfaction expressed with the Bill in its present shape, ib. 1122, 1123. Approval of the Bill so far as it repeals the tests as the condition of any lay degree or lay professorship at Oxford, Neate (1871) 1140 Reasons for also agreeing with the Bill so far as it repeals the provisions of the Act of Uniformity requiring subscription, ib. 1140, Tendency of tests to produce dishonesty, whilst all men who are unconscientious are not affected by them Hartog (1871) 1241. 1263-1268 Opinion that an abolition of tests would be a benefit to Cambridge University as enabling it to have a better choice of men to fill the high offices, ib. 1241. Conviction that the system of tests is both a failure and a mischief, Angus {1%-ji) 1400 Argument that tests favour bigotry on the one hand and unbelief on the other, ib. 1400. 1404, 1405. Witness is strongly in favour of the removal of university tests, Roundell (1871) 1414- l4l6 iDecided "feeling among the supporters of the Bill that there can be no conces- sion of the principle of abolition, ib. 1 497" '499 further statement that witness would nrefer to forego the Bill for the present rather than sanction any abandonment of its principle, or consent to the adoption of a modified test; similar feeling of the supporters of the Bill generally, ib. 1566-157°- Objection to any security in the shape of a test for the religious character of the eoverning body or of the instruction in the colleges at Oxford and Cambridge, although witness freatly desires to see religious influence maintained as much as possible, Reed ( 1 87 1 ) 2572-2588. 2605 et seq. ^ T A Conclusion 237—L ABOLITION. Reports, 1870, 1871 — continued. Abolition or Relaxation of Tests— continued. 1. Advucacy of Abolition absolutely— continued. Conclusion as to the expediency of doing away with tests, more especially in view of the agitation on the subject, Bateson (1871) 2801, 2802. Approval of an entire abolition of tests, the present Bill not going far enough, Jowett (1871) 3014-3016 — Belief that religion would be in a more favourable position if not "protected" by tests, and that a negative test would produce very bad effects, ib. 30^1 -3025 Objection to a test by scientific men not hostile to Christianity, ib. 3023. 3222, 3223. Ambiguity and difficulty in connection with any test however comprehensive, any attempted line of distinction between Christian and non-Christian being very undesirable, Jowett (1871) 3023. 3222, 3223 Keiteraiion of the conclusion thai there should be neither a test nor a declaration, either for the protection of religion, or of the Chinch of England, ib. 3207-3221. Expediency of any test being of the most general kind, and of as little restriction as possible in regard to the religious teaching; witness in fact inclines much to a total abolition of tests, Raleigh (1871) 3235-3237 Conclusion adverse to the present system of tests at the universities ; inability, however, of witness to suggest any efficient substitute for the maintenance of religious education, Houghton (1871) 3343 et seq. Belief that the Bill will eventually tend to promote the interests of religion, ib. 3390. 2. Advocacy of Relaxation rather than Abolition: Examination in approval of a relaxation of the present tests, as by the substitution of a declaration of Christianity, Chase (1870) 317-322. 347 et seq. Greater efficacy anticipated by limiting the test as proposed by witness, ib. 301-368. 409-41 1 Inex- pediency of abolishing tests, th.ugh not always successful in effecting the object for which instituted, ib. 392-395. In consequence of the change of opinion within and without the University of Cam- bridge on the question of tests, witness has modified his views on the subject, and now considers that some change is expedient in the diiection of the Bill, Lightfoot (1870) 838-840. 889-899. 922-925. 1071-1090 Admission as to the danger attend- ing the changes proposed by the Bill, there being, however, danger in attempting to maintain the present state of things, ib. 889-899. 922-930. 969 Wise concession by giving to Nonconformists and others free of access to honours and emoluments, ib. 890-894. Further approval, on the ground of expediency, of the principle of abolition, with the exception of headships of colleges, Lightfoot (1870) 1037-1044 Conclusion further that the evils now produced by the exclusive effect of tests are greater than those which may result from the Bill, ib. 1071-1090. 1133-1143. 1167, 1 1 68 Minimum of uni- veisity tests now required at Cambridge, so that any alteration must be in the shape of abolition, rathvf than relaxation, ib. 1127-1132 Irritation by keeping the question of tests open ; approval therefore, of much concession for a settlement of the question, ib. 1 167, 1 168. Statement in approval of a scheme, which has beon accepted by a considerable number of the Cambiidge residents, whereby religious tests should not be relaxed in the case of a head of a college, a tutor, a dean, a chaplain, or a lecturer on theology, but should be dispensed with otherwise, Stokes (1871) 343-352. 360. 391-395. 427-437 Feeling of witness that some change is inevitable, though he disapproves of the alteration proposed by the BP1, ib. 343. 448-450 Probable permanence of the proposed regulation for continuing the tests in the case of tutors and others, ib. 385-395. Opinion that fur political reasons some modification of the existing tests at Oxford i* desirable, Liddon (1871) 64.5-647. 779-781 Admission as to there being some abuse in the taking of te-ts by individuals; this should not cause a total abolition of tests, ib. 737, 738. 812 Different feelings by which different classes at the universities are actuated in desiring an abolition or modification of tests, ib. 789-792 Less objection likely to be made to the tests proposed by witness than to the present tests, ib. 800-802. 805-807 Contemplated modification of tests, so that all reasonable objections may be met, whilst security is retained for the religious character of the teaching, ib. 818, 819. Approval of a relaxation of the present tests at Oxford, as by the adoption of the test at Cambridge, in lieu of subscription to the Thirty-nine Articles, Lice (1871) 1730-1736. 1796-180:. i8og-i8n. 1814, 1815 Approval of the university degrees, other than those in divinity, being opened as proposed in the Bill, ib. 1796-1801. 1812, 1813. Explanation in connection with several amendments proposed by witness to be made in the Bill, concurrently with a relaxation of tests, Campion (1870) 1847 et seq. Witness is opposed to the whole principle of the Bill, but submits sundry amend- ments which, if adopted, will deprive it of much of its pernicious character, Waraher (1871) 2091 et seq. Further statement that the object of the modifications proposed by witness is to render the Bill less objectionable by bringing the enacting clauses into conformity to the. preamble; question hereon as to the probability of the House of Commons ABOLITION. Reports, 1870, 1871— continued. Abolition on Relaxation of Tests— continued. 2. Advocacy of Relaxation rather than Abolition— continued. Commons agreeing to such modifications, JFaraAer 2134-2138. 2176-2181 Approval ot the test being a declaration of membership of the Church of England, ib. 2187-2189. Admission that in the present state of opinion on the subjectoftests.it is not desirable 10 maintain them absolutely in all cases, Atkinson (1871) 2972-2975. 3. Declaration, or Negative Test, recommended by Sir Roundell Palmer : Objection to the declaration or negative test proposed by Sir Roundell Palmer, Lightfoot (1870) 987-989— — Reference to the declaration or clause proposed by Sir Roundeil Palmer, as free from two of the chief objections curremly urged against tests; words of this clause, Rolleston (1870) 1208, 1209. I2;}8 Operation of a similar de- claration in the Scotch universities, il>. 1208 Several objections to which this declara- tion is open, though free from some of the objections to the present tests, ib. 1208. 1210, 1211. 1214 Illustration of the practical difficulty in working the Scotch clause at Oxford, ib. 1214. 1304. Doubt as to any advantage of the proposed clause, to the effect that no person in his public capacity, shall say or do anything impugning the Christian faith or the authority of the Scriptures, Scott (1871) 65-68. Suggestion that lay teachers and lecturers in colleges be required to make the declara- tion proposed by Sir Roundell Palmer, Liddon 662-664 Advantage of a safeguard in the shape of a declaration by lecturers, that they will not teach anything contrary to the Church of England, ib. 765-768. Opinion in the case of membership of convocation, and of the M. A. degree, the tests may be abandoned, and a declaration substituted to the effect that the declarant will not use his influence to the detriment of the Church of England, Mansel, (1871) 833-835. 867. 901-905 Approval of a Parliamemary declaration, as proposed by Sir Roundell Palmer, in the case of professors generally, other than Divinity professors, ib. 842-844. 869-901. Exception taken to the view that professors of philosophy or history at the univ. rsities should be required to declare that they would abstain from anti-Christian teaching, Angus (1871) 1364-1371. 1393-1397- Proposal as regards professors, that the test be in the form of a declaration, that they would teach nothing contrary to the Christian faith, Lice (1871) 1755. 1797. 1799. 1817-1827 Evidence in approval of the declaration propo*ed by Sir Roundell Palmer for professors generally, Waraker (1871) 2115. 2140-2163 Efficiency of a declara- tion exeluding men of honour from offices, unless they can conscientiously concur in the terms of the declaration; illustration on this point, ib. 2112-2114. 2190-2194. Approval of the test proposed by Sir Roundell Palmer as better than no test at all, Leighton (1871) 2329-2346 Objection to the declaration proposed by Sir Roundell Palmer in the case of all professors, Atkinson (1871) 2990, 2991. Stringency of the test proposed by Sir Roundell Palmer, Jowett (1&71) 3218. 4. Question of Partial Abolition as regards Fellowships : Suaaestions as already made bv witness more than a year ago, that a proportion of the endowments of the university might he applied to the creation of a und for university fellowships, for which merely an examination, without any test, should be required, Chase (1870 s ) Q1-Q4 317-319 Explanation that it is pan of witness s proposal that uni- versity fellows, not taking tests, should be eligible for college fellowships if they would subscribe to the test, ib. T27. 137 Probable discontent of fellows, who through not taking tests, would be ineligible for college tutorships, ib. 128-130. Dissent from the view that the proposed university fellowships would have an anti- theological character, in contrast with the college fellowships Chase ( ,1870) 135-139- 2 7-208 Belief that under witness's scheme tents would be taken with more sincerity and responsibility, ib. 198-200 Contemplated appropruuon of about one-half the co lege endowments for the creation of university fellowships, ,01-203— Doubt as to any widespread dissatisfaction existing through the proposed university fellows not being eligible for tutorships, ?5. 309-312. 340, 341. Exception taken to the proposal for exempting some felowsh.ps from tests witness re^ardin™ fellowships as offices of trust and responsibility, Perowne (1870) 483-486 g [nK from the plan of university fellowships proposed by MTchC "J «6— Approval if it be practicable, of the plan for establishmg certain ^e^tJoutSu proved no ^™™»J^*^ to ^%Z* p^tT^fe^ -»«•* « ihe university, ib. 603-607. Concurrence ^37— I. ABOLITION. Eeports, 1870, 1871— continued. Jbolition or Relaxation of Tests— continued. 4. Question of Partial Abolition as regards Fellowships— continued. Concurrence in the view, that in Trinity and other colleges, the reasonable demands of Nonconformists would be met by admitting them to fellowships, short of those involv- ing trusts, Lightfoot (1870) 1055-1062. Contemplated relaxation of tests in the case of fellowships to which emoluments with- out duties are attached, Stokes (1871) 343. 34 6 - 4 2 7-430 Proposed division of fellow- ships into two classes, tests being dispensed with in the case of sinicure or non-resident fellows, Mansel\ 1871) 856-864. 871 Suggested relaxation by opening two-fifths of the fellowships to persons not members of the Church of England, Cookson (1871) 268- 273. 277-282. Evidence in favour of a distinction between sinecure or non-resident fellowships and teaching fellowships, the test being less important in the former case, Ince (1871) 1605. 1677. 1737-1740. 1803-1813 Proposal that no test be required from a person taking a fellowship as a prize, and that a test be imposed only on appointment to tutorships, Campion (1871) 1853-1861. 1885. 1890. 1928-1932 — —Reason for abandoning, in the case of piize fellowships, any test requiring the profession of religious belief, ib. 1885, 1886. 1890-1892. 1895. Suggested distinction between resident and non resident, fellows, with a view to ex- empting the latter from tests, Leighton (1871) 2274. 2324. 2336-2338. 2351 Proposed limitation of the number of fellowships to be thrown open in any college to one-third of the whole number, Atkinson (1871) 2942-2948. 2972. 2988, 2989. 5. Feeling of Residents and Non-residents of Oxford and Cambridge respectively. Reference to a certain petition in 1863, against the removal of tests, signed by a large number of non-residents of Oxford, including, amongst others, the present Archbishop of York and the present Bishop of Oxford, Chase (1870) 239-249. Belief that at Oxford it is still a minority which is in favour of the abolition of tests, Liddon (1871) 797-799 Grounds for the conclusion that a majority of the residents and non-residenis of Oxford University are not favourable to the Bill ; petitions hereon submitted, Mansel (1871) 880-885- 538. Analysis of the residents petition from Oxford in favour of the present Bill, showing a large majority of the resident fellows and tutors in support of the abolition of tests, Roundell (1871) 1476, 1477 Majority of college tutors and lecturers at Oxford in favour of the Bill, ib. 1477 There are only six colleges in which a majority have not signed the petition, ib. Three heads of houses signed the petition, ib. 1500. About equal division of the residents of Oxford upon the question of tests, Woollcombe (1871) 2059 Less dissatisfaction at Oxford with the Bill, if the safeguards ad- vocated by witness be adopted, Leighton (1871) 2352-2356. Decided majority of the residents at Cambridge opposed to the Bill, Perowne (1870) 557- 670-672 Influential minority at Cambridge in favour of a relaxation of tests, ib. 557) 558 Feeling at Cambridge as to the. probable passing of some such Bill as the present, it being considered by many that the Bill could not be worse, ib. 778-783. Impression that the majority of the University of Cambridge are against the Bill, but there has been much change of opinion on the subject, Lightfoot (187 o) 101 1—1015. 112 3 Increasing feeling at Cambridge, especially at Trinity, in favour of the abolition of tests, Campion (1871) 1942-1944 Explanation in connection with the increase of feeling at Cambiidge in favour of removing the tests, Waraker (1871) 2197. Decided increase of the feeling at Cambridge in favour of abolishing tests; particulars hereon, Bateson (1871) 2850-2857. Declaration, dated Oxford, February 1870, by resident 'graduates, earnestly depre- cating any legislative enactments, having the effect of separating education from religion, or of impaiiing the connection of the colleges with the Church of England, App. (1871) 349. 35°- Petition presented to the House of Commons in May 1870, from non-resident members of the University of Oxford, against the Bill introduced in 1870, such members having been resident and held office, App. (1871) 351-353. Petition of the Chancellor, Masters, and Scholars of the University of Oxford, against the Bill ; a'so, of the non-resident members of Convocation, App. (1871) 353-359- 6. Resolutions of the Committee: Resolution that no test be required to enable any person to take any degree other than Divinity degrees, or to hold any university office other than Divinity professorships, Second Rep. (1871) iii. Also, that no test be required for fellowships, ib. Resolution ABO ALL Reports, 1870, 1871— continued. Abolition or Relaxation of Tests— continued. 6. Resolutions of the Committee — continued. Resolution also that tutors, assistant tutors, deans, censors, and lecturers in divinity, be required to declare that they will not teach any opinion oppost-d to the teaching and' Divine authority of the Holy Scriptures of the Old and New Testament, Second Ren. (1871) Hi. 1 See also the Headings generally throughout the Index. Act of Uniformity. Reference to section 8 of the Act of Uniformity as requiring all professors and readers in the universities to make a declaration of conformity to the Liturgy of the Church of England, Waraker (1871) 2171—2175. Agitation. Limited extent to which the question of the aboliiion of tests has led to any injurious discussions at Oxford, Chase (1870) 140-142 Approval of much concession in order to get rid of the irritation by keeping the question open, Lightj'oot (1870) 838- 840.889-899.1071-1090.1167,1168. Apprehended agitation on the part both of resident and non-resident fellows of Can. bridge in the event of optional tests, Thompson (18J1) 993-1000. m 11-11 16 Growing spirit of liberal intolerance in the University of Cambridge, the continuance of tests tending to foster such spirit, ib. 1005-1007 Detrimental agitation expected at Cambridge upon the question of alteration of the college statutes, as a consequence of the passing of the Bill, Waraker (1871) 2117, 2118 — Effect of the agitation for the removal of tests in increasing the sentiment in favour of abolition, ib. 2197 Reference to the public feeling on the question as rendering abolition expedient, Bateson (1871) 2801, 2802. See also Public Opinion. Aldis, W. S. Opinion of Mr. Aldis, who was senior wrangler in 1861, in favour of the abolition of tests, whilst he attaches great importance to religious teaching, Uartog (1871) 1244, 1245. 1247. Alton, the Rev. Henry. (Analysis of his Evidence — Session 1871.) — Is a Congregalion- alist; was educated at Cheshunt College, 2375-2378 Origination of the college in 1768 by the Countess of Huntingdon, who sustained it until her death, but left no en- dowment for it, 2379-2381. 2400,2401 Constitution of the college adveited to as having been approved by the. Countess, the college not being legally or formally con- nected with any religious body, 2382, 2383 Circumstance of some of the students having become clergymen of the Church of England, 2383. 2505-2507. Particulars relative to the origin and the Calvanistic character of the fifteen articles embodied in the college trust, and required to be signed by the student and tutors, 2383- 239 1 (A pp. 346-348) Difficulties felt in subscribing to the articles; conclusion that it is very desirable to dispense with the articles as a test of admission to the college, and to substitute a general examination, including doctrinal belief, 2386, 2387. 2390, 2391. 2406, 2407. 2433-2450. 2459-2465. 2483-2485. Theological character of the college; different subjects taught, 2392-2396. 2404, 2405 Maintenance of the college partly by subscriptions, there being also endowments amounting to about 700 I. or 800 I, a year, 2397. 2400, 2401— —Practice as to the ad- mission of students; searching examination on entrance, with reference to spiritual fitness for the ministry, 2398, 2399. 2402, 2403. Statement as to their being about ten or twelve Nonconformist colleges, the students beino- carefully examined on admission, and tests not being required, 2407. 2409-2415 "Circumstance of Cheshunt not having been regarded till lately as a strictly Non- conformist college, 2407, 2408 Explanation relative to the teaching body of the Nonconformist colleges, and the means taken to get rid of tutors who have relapsed Irom orthodoxy, 2416-2424. 2473, 2474, Serious difficulty apprehended in carrying out religious education in any institution Cambridge, 2432. Statement as to the Congregationalists having no such formula as prevents their subscribing to the articles of Che,hunt College, whilst the Bapusis and Wesleyan Metno- dists "Excluded by the articles, 2451, M6«. 2475-248.— Information relattve to the constitution of the governing body of Cheshunt ; power o removal of trustees in cert,, m cases 2453-2459. 2482 —Catholic character of the college which does not belong- to any denomination, though the Congregationalists are ,ts chief supporters, 2461. 2475- 2481 2507, 2508— Greater reason for Downing College be.ng thrown open to Unita- rians than for Cheshunt being bo opened, 2464-2471. Desire of witness that the Bill before the Committee should pass, thougn he has not taken any active part in its support, 2472.2509,2510 Approval of a Penary 237 — I. A 3 ALL ANT Reports, 1870, 1871 — continued. Allon, The Rev. Henri/. (Analysis of his Evidence — Session 1871) — continued. education of Nonconformist students sit Oxford and Cambridge, in the event of the passing of the Bill, 2486-2495 Examination to the effect that Church of England colleges founded by private endowments since the Reformation cannot justly be dealt with as natioiuil property, irrespectively of the Church, 2496-2503. 2511-2516. Angus, The Rev. Joseph, D.D. (Analysis of his Evidence — Session 1871.) — Is head of Regent's Park College, 1296 Correction of a statement by Mr. Perowne that the lay students in the college are subjected 10 tests prior to admission, 1297-1300 Expla- nation as to the ministerial students in the college being required to state in writing their views of leligious truth, no actual teat being signed by them, 1300-1303 Denomi- national character of the college and of the religious instruction, so far as ministerial students are com erned, but not as regards the lay students, 1303-1305. 1321, 1322. 1328, 13^9. Selection of ihe religious teachers of the college with reference to their religious opinions, 1306-1308 Conclusion that it would be very unwise and mischievous to submit the students of the college to a test, 1309, 1310 Opinion that it would be no hardship if at Oxford and Cambridge classes in Butler and the New Testament were provided for the students, 1 31 1—131 3 Rtcognition of ihe principle of a conscience clause, 1313, 1314. Statement as to witness having experienced no difficulty in teaching a common Christianity to students of different religious bodies; difficulty in the case of Uniiarians, 1315-1319 Opinion that there would be no hardship in requiring men appointed as religious teachers to teach Christianity, 1320. 1362, 1363 Conclusion as to the absence of any hardship in applying to the doctrinal teaching of students bequests specially made for the purpose, 1323-1327. Latitude allowed at Regent's Park College as to the places of worship atttnded by the students, 1329-1331 Great value attached to the religious teaching of students in colleges generally, as compared with an exclusive system of secular leachmo - , 1332-1338 Primary importance of earnest Christian teachers, this being a desideratum which cannot be secured by tests, 1336, 1337. 1371. 1400-1405 Feeling among the people in favour of religious education, 1338 Advantage anticipated to Dissenting students by the removal of university tests, notwithstanding the influence of the study of philo- sophy to which they might be subject at the universities, 1340-1350. Practical grievance to Dissenters in being excluded from fellowships, more especially during the interval before they cm practice in their professions, 1343. 1351. 1372-1375 Admission that there appears to be no injustice in retaining the clerical fellowships founded for the use of ibe Protestant Church since the Act of Uniformity, 1351 Statement as to there being no test for the governing body of witness's college, 1352- J 355 Requirement, in the case of some Baptist societies, that the electors of the governing body shall have made a religious profession, 1356-1358. Approval in the case of denominational bequests of the governing body being elected by persons desirous of carrying out the denominational object, 1359,1360 Exception taken to ibe view that professors of philosophy or history at the universities should be re- required to declare that they would abstain from anti-Christian teaching, 1364-1371. 1393— '397 Opinion that there is no good reason for distinguishing between colleges founded before the Reformation and colleges since that date, so far as common or national education is concerned, 1376-1385. Expediency of all the colleges bein^ open to students of all denominations, instead of there being any denominational colleges, 1384-1392. 1400 Reference to Unitarians as including thems. Ives in the body of professing Christians, 1398, 1399 Conviction that the system of tests is both a f.ilure and » mischief, 1400 Argument that tests favour bigotry on the one hand and unbelief on the other, 1400. 1404, I405. Further statement that the main thing wanted is a succession of Christian and earnest teachers, and that these cannot be secured by any form of test, 1400—1404. Very successful operation of the system of lay students at Regent's Park College, 1406 Care taken at the college to supplement the philosophical studies with other teaching calculated to guard against the influence of the positive philosophy required in the London University examinations, 1406-1408 Explanation in regard to the non- recognition of the religious element at the University of London, 1409-1411. Anti- Religious Teaching. Opportunity of the professors in other subjects than theology for strengthening or weakening the student's belief in Christianity; witness is not awa°e of any abuse at Cambridge in this respect, Perowne (1870) 444-450 111 effect anti- cipated from the removal of the restraint upon anti-scriptural leaching by professors of geologv, &c, ib. 650, 651 Minority of residents at Cambridge in favour of a power of removal for ami-Christian teaching, Lightfoot (1870) 946, 947 Reliance to be placed upon the honour of individual professors or tutors in regard to anti-religious teaching, Rolleston (1870) 1210-1216. 1237-1240. 1250-1254. 1336. Possibility ANT APP Reports, 1870, 1871 — continued. e Anti-Religious Teaching — continued. Possibility, under the Bill, of anti-religious teaching in a college, without the under- graduates being able to escape from it, Stokes (1871) 361-369— — Value of tests as a check upon persons holding opinions adverse to the Christian religion, ib. 402-404. 409, 410. 424-406 Way in which irreligious teaching in any college would be more feasible under the Bill than at present, ib. 438-447. Conclusion that it is improbable in the extreme iha', under the Bill, the majority of the governing body of any college at Oxford would sanction anti-religious teaching, or teach- ing opposed to that of the Church of England, Appleton (1871) 532 ; Roundell (187 l) 1441, 1442.1470-1475 Objection to any attempted secur.iy by Act of Parliament against anti-Christian teaching by ihe Divinity professors or teachers, Roundell { 1871) 1462-1464. Expectation that college tutors and professors holding sceptical opinions would be more ready 10 propound ihem if no longer under the restraint of a test, Ince (1871) 1685, 1686. 1702-1706 Increased value of tests by reason of the greater tendency to the teaching of sceptical opinions in recent years, ^.'1702-1705 Reference to the ques- tion at issue as one between Christian and non-Christian teaching, witness being satisfied so long as the former is maintained, Woollcombe (1871) 2087-2089. Conclusion that university professors mil bou id by tests would not go out of their way to attack either religion or the Church of England, Jowett (1871) 3099, 3100. See also Conscience Clause. Dissenters or Nonconformists, 3. Final Classical School (Oxford). Heresy. Infidelity and Scepticism. Apostles Creed. Suggestion thai the Apostles Creed might, be the test in force in Oxford University, Chase (1870) 355. Appleton, Charles. (Analysis of his Evidence-Session 1871). -Is a Fellow of St. John's College Oxford, 482 Advocates the entire abolition of university texts, 483 et seq. Considers .hat an unconditional abolition of tests would make very little difference at Oxford as regards the systematic undermining of belief, 488-490 — 1 he tests really touch only a very small proportion of the young men who go to Oxford, namely, those who study philosophy and history for the final classical school, 490. 57°-573- ™5- Effect of the education for the final classical school in causing a loosening and recon- struction of belief, the tests interfering with the process of reconstruction, 49.0-492- 5H Information relative to the extent and character of the study of philosophy by young men who read for honours in the final classical school ; paiticulars as to the works of Geiman and other writers used, 490 et seq. Care taken by tutors not to teach anything contrary to the Christian religion, nor to inculcate their views in the shape of religious doubts and difficulties, 5*5-5.29- .542-5+4 —Belief that an entire abolition of tests would have no effect in causing m creased oenei m^ conscience clause on the subfect, %?IT^^£^&** :ol.ege g cha P els, and the services therein, as regards religious influence, fj^ men at Oxford really affected by the appli- [Second Examination.] bma » ™^° ber stat ement as to the tests intervening at cation or the abolition ot tests, 15/*— -*™ ^^ reconstruction of belief, 0— a most inopportune moment in pieve . s imjance of religious education and reli- geveral safeguaids already existing iu. gloug 237—I. APP ATT Reports, 1870, 1871 — continued. Appleton, Charles. (Analysis of his Evidence— Session 1871)— continued. aious education and religious influences, 1572 Further safeguard in course of lime, by a laroe accession of Roman Catholics and Piotestant Dissenters; way in which the pre- se nee of these would be a safeguard both religiously and theologically, 1572 et seq. Several advantages by a large accession of Dissenters, 1573-157 6 T Less tendenc y anions Dissenters to Unitarianism than among members of the Church of England, 1575 Doubt as to Roman Catholics going largely to Oxford, tests being abolished ; im- probability of their being allowed to go by their authorities, 1577, 1578. 1590, 1591 Approval of the introduction of Unitarians into Oxford, witness considering them to be a very religious and intelligent body of Christians, 1579. Dissent from the view that agitation and controversy would be the result of the infu- sion of Roman Catholics and Dissenters into the university, 1580, 1581 Advantage anticipated on the score of dehniteness in the Christian doctrine, by the presence of opposing Christian bodies, 1581-1589 Preference of Dissenters for Cambridge as compared with Oxford, 159a, 1593 Obstacles to any increase of the time for study in reference to the final school at Oxford ; agitation at Oxford for break ing up the school, 1594-1596 Discouragement by Roman Catholics in Germany of the mixture of Roman Catholics and Protestants at the same universities, 1597-1600. Aristotle. Decided appioval of the study of Aristotle, Liddon (1871 ) 816. Atkinson, The Rev. Edward, D.D. (Analysis of his Evidence — Session 1871.) — Master of Clare College; was Vice Chancellor of the University of Cambridge in 1870; 2913, 2914 Is not aware of any power in the Vice Chancellor to restrain heterodox teaching on the puit of the ordinary professors, though he has such power as regards the divinity professors and the professors of Greek and Hebrew, 2915-2920 Believes that there is no power of punishment of the members of the university generally, the visitors how- ever having large and undefined powers, 2921-2923. Opinion that the Bill befoie the Committee will be most disastrous in its effect, more especially as regards the colleges, 2924-2927 Expectation that under the Bill, fel- lows will be gradually introduced who will be perfectly indifferent to religion, if not absolutely hostile to it, 2927 Apprehension that religious influence being no longer 8' cured, it would be very difficult to enforce doctiines of morality, 2927, 2928. 2976, 2977- Very injurious effect upon the religious views of the undergraduates by the introduc- tion of fellows differing widely in religious opinions, or without any religious creed, 2929-2934 Mischief apprehended, not from Nonconformists, but from sceptics and infidels, 2929, 2930— — Probability of parents not allowing their sons to go into residence at Cambridge, if all religious security were withdrawn, 2935-2937. 2983— 2985- Sptci.d importance attached to the maintenance of the Chuich of England service in the chapels, 2938. 2965. 2978-2982. 3003 Expediency of the tests being retained as regaids the heads of colleges, it being very desirable that these should be members of the Chuich of England, 2939-2941. 2978 Suggested limitation of the members of fel- lowships to be thrown open in any college to one-third of the whole number, 2942- 2948. 2972. 2988, 2989 Advantage under the Bill, if there were in every college at hast one college tutor who is a churchman, 2942. 2978. 2987. Importance of a certain proportion of clerical fellowships, 2947, 2948. 2986, 2987 Question whether uider the Bill the universities would any longer be Christian as incor- porations, 2950, 2951 Nature of the questions discussed at the Union Club of Cam- bridge University, and of the check exercised by the Vice Chancellor; probable mischief on this score if the Bill be passed, 2952-2954. 3000-3002. Explanation as to the governing body of Clare College, and the powers of the visitor; belief that his consent would not be asked as to alteration of the college statutes, 2955- 2964 Relaxation permitted as to the attendence of Nonconformists or others at Clare Chapel, 2966-2971 Admission that in the present state of opinion on the subject of tests, it is not desirable to maintain them absolutely in all cases, 2972-2975. Objection to the declaration proposed hy Sir Roundell Palmer in the case of all pro- fessors, 2990, 2991 Suggested removal of the obligation to alteud the lectures of any professor, if not subject to tests, 2991 Contemplated continuance of the present test for Divinity professors, 2992 Approval of a Distinction with reference to the dates of the college endowments, it being preferable that some colleges should be denominational rather than they should all be thrown open, 2993-2997. Expected agitation relative to clerical fellowships after the passing of the Bill, 2998, 2 999 Hardship if the chapel of Clare College were applied to any other services than those of the Church of England, 3003 Grounds for objecting to the attendance at chapel being voluntary, 3004-3009. Attendance at Lectures. See Conscience Clause. Balliol BA L BAT Reports, 1870, 187 1 — continued. B. Balliol College. Practice in Balliol College in regard to a catechetic lecture and certain other lectures, independently of control by the college meeting, Scott (1871) 37-39 Permanent non-residence of one of the fellows of Balliol, another being temporarily non-resident, ib. 63, 64 Less difference to be caused in Balliol ColWe than in other colleges at Oxford by the removal of tests, ib. 159, 160. Satisfactory operation of tests at Balliol ; instance of this in the admission of a .Presbyterian as a fellow and tutor of the college, Woollcombe (1871) 1979-1981. 2071- 2074 Less diversity of religious opinion at Balliol than if there were no tests, ib. 1982-1988 Great falling off in the daily attendance at Balliol Chapel services since it has not been compulsory; objection to an abolition of the week day chapel, ib. 2010- 2022. 2054-2058. 2068 Important modification of the fellowships of Balliol, it having been at one time entirely a clerical college, ib. 2085. Substitution of voluntary for compulsory attendance at Balliol Chapel, the attendance being very small en week days; approval of the change of practice, Jowett (1871) 3137-3148. Baptist College, Regents Park. Conclusion as to a certain test being required in the case of each student at the Baptist College, Regent's Park, JPerowne( 1870) 551, 552 This college is not exclusively theological, there being three classes of students, including lay students, ib. 551. Correction of a statement by Mr. Perowne that the lay students in the college are subjected to tests prior to admission, Angus (1871) 1297-1300 Explanation as to the ministerial students in the college being required to state in writing their views of religious truth, no actual test being signed by them, ib. 1300-1303 Denominational character of the college and of the religious instruction, so far as ministerial students are concerned, but not as regards the lay students, ib. 1303-1305. 1321, 1322. 1328, 1329 Selection of the religious teachers of the college with reference to their religious opinions, ib. 1306-1308. Conclusion that it would be very unwise and mischievous to submit the students of the college to a test, Angus (1871) 1309, 1310 Latitude allowed at the college as to the places of worship attended by students, ib. 1329-1331 Statement as to there being no test for the governing body of the college, ib. 1352-1355. Very successful operation of the system of lay students at the college, Angus (1871) 1406— — Care taken at the college to supplement the philosophical studies with other teaching calculated to guard against the influence of the positive philosophy required in the London University examinations, ib. 1406-1408. Baptists. Requirement in the case of some Baptist societies that the electors of the govern- ing body shall have made a religious profession, Angus (1871). 1356-1358- — -Strong objection to the foundation of a Baptist College at either university, ib. 1387. See also Dissenters or Nonconformists. Bateson, The Rev. William Henry, D.D. (Analysis of his Evidence — Session 1871.)— Long experience of witness, as a resident at Cambridge ; since 1857 he has been master of St. John's College, 2790-2793 Total of fifty-six fellows of the college, all the fellowships being now held under the same conditions, 2794, 2795 Three different declarations made by the fellows ; difficulty caused by one of these affirming the inspiration of the Scriptures, 2796-2798. 2899-2902 Operation of the tests at Cambridge in preventing persons from holding fellowships; instances of this, 2798-2800. 2837, 2838. Conclusion as to the expediency of doing away with tests, more especially in view of the agitation on the subject. 2801, 2802 Probability of some of the smaller colleges becoming denominational, if tests be abolished ; witness would see no evil in this, 2803. 2806 2003 Opinion that the repeal of tests would tend to allay controversies, and would not diminish religious influences, 2804-2807. 2904 Tendency of the governing bodies of the colleges to reflect the general opinions prevalent in the country, 2808. 2904. Practice as to the attendance of Nonconformists at the chapel service in St. John's, no 2 86i Importance ot a specr. , . . . . - service shall be maintained in the college chapels ; this is the chief safeguard desired by witness, 2816-2821. 2833-2836. 2858, 2859 Nature of the powers of «he v.s.tor of - ■ ■ -i-- •-*—*• he has no control over alteration of the the feeling at Cambridge in favour of abolishing tests; parucuiare ne.eo.., *o u-,o o/ -- Approval of the present system as regards clerical fellowships, the agitation will probably 237—I. ° io BAT CAM Reports, 1870, 1871 — continued. Bateson, The Rev. William Henry, D.D. (Analysis of his Evidence — Sess. 1871 ) — continued. take place on this question, 2860,2861. 2869-2873 Opinion that a test is not required as regards teachers of Divinity, 2862, 2863 Proportion of clerical fellows in the governing b -dy of St. John's ; relaxation of ihe requirement as to Holy Orders, 2864-2868. Conclusions adverse to the proposition that a distinct treatment should be observed dwards post-Reformation endowments, and that they should be exempted from Parlia- mentary interference, 2874-289(1 Circumstance of the tests being the creation of Parliament and not of endowments, 2884, 2885 Impression that the religious belief of young men is strengthened rather than weakened by religious controversy in the govern- ing body, 2905-2907 Absence of any disturbance of religious opinion at Cambridge by reason o( the increase of metaphysical study; countervailing effect of mathematical study, 2908-2912. Bible, The. Great improbability of the Bible ceasing to be a book in which examinations will take place at Cambridge, Lighlfoot (1870) 983-986. Board of Theological Studies ( Cambridge). Absence of security under the Bill in regard to the appointment of the Board of Theological Studies, Perowne (1870) 631, 632 ln- ability of witness to make any suggestion as to the election of the Board of Theological Studies ; injurious effect of the Bill hereon further adverted to, ib. 709. 784-788. Absolute power of the Senate as to the constitution of the Board of Theolo°ical Studies, Cookson (1871) 317, 318. Books. Practice at Oxford as to the selection of the books to be used in different exami- nations, Chase (1870) 403-408 Evidence relative to the books used in the final classical school at Oxford, and the effect of the studies as regards religious belief, Appleton (1871) 490 et teg.; Ince (1871) 1695-1701. 1786-1795; Woollcombe (1871) 1 98y-i995- 2075-2085; Jowett (1871) 3041-3046. 3192-3201. Explanation on the subject of religious study at Cambridge, and the books used ; there is nothing analogous to the Oxford Divinity school, Thompson (1871) 1029-1035 Statement as to the choice of books at Cambridge resting with the examiner, and as to the particular books used by students in the moral science examinations, ib. 1036-1045. See also Final Classical School ( Oxford). Butler's Works. Discouragement of Bishop Butler's works at Oxford in recent years, Cha°e (1870) 187-190. 376-380. C. Cambridge (University and Colleges). See the Headings generally throughout the Index. Campion, The Rev. William Magan, D.D. (Analysis of his Evidence — Session 1871.) — Is a Member of Queen's College, Cambridge, 1828 Effect of the Bill seriously to affect the religious teaching and observance in the colleges, 1829-1832 Dissent fiom the statement that there is practically no religious teaching in the colleges; practice in the case of Queen's College adverted to hereon, 1833-1844 Total of fourteen fellowships attached to Queen's College, there being but four resident fellows, and only two of these engaged in college tuition, 1834-1836. 1871-1873 Conditions as to the tenure of fellowships, 1846. Explanation in connection with several amendments proposed by witness to be made in the Bill, concurrently with a relaxation of tests, 1847 et seq.- Suggestion as re- gards professorships, that Divinity professorships be expressly exempted in the interpre- tation clause, 1847-1852 Proposal that no test be required from a person taking a fellowship as a prize, and that a test be imposed only on the appointment to tutorships, 1853-1861. 1885-1890. 1928-1932. Objection to the colleges having powers to irake changes in regard to clerical fellow- ships, &c. without the authority of a Parliamentary Commission, 1862-1867 Appre- hended discord in small colleges upon the question of religious teaching if the Bill be parsed in its piesent shape, 1868. 1963, 1964 Difficulty as to the exercise of the power of the visitor for preventing anti-Christian teaching, 1869, 1870. Consideration of the system of clerical fellowships; disadvantage of a positive require- ment that, a certain proportion of the fellows must be in Holy Orders, 1874-1884 Opinion that all fellowships regarded as mere prizes of success should be limited in tenme, 1876 Reason for abandoning, in the case of prize fellowships, any test requir- ing profession of religious belief, 1885, 1886. 1890-1892. 1895 Practice of witness's college to select for fellowships from the university examinations, 1887-1890 Expe- diency of retaining a test for the heads of colleges, 1896. Difficulty of a general enactment distinguishing between pre-Reformation and post- Keformation endowments with reference to tests; each college should decide for itself, 1897- CAM CHA 11 Reports, 1870, 1871— continued. Campion, The Rev. William Magan, D.D. (Analysis of his Evidence— Sess. 1871)— conf- 1897-1910 Opinion that it would be better if the Bill were passed in a permissive form, and if a Parliamentary Commission were appointed to reform the statutes of each college, m connection with the governing bodies, 1909, 1910 Respects in which the college tutors exercise much more influence than the private tutors, especially in small colleges, 1911-1916. Importance attached to regular attendance at chapel, as distinct from compulsory attendance; beneficial influence produced, 1917-1927. 1933—19^ 1. 1959-1962 Prac- tice at Queen's College- as to enforcing attendance, if young men habitually stay sway, 1921-1927.1933-1941. Increasing feeling at Cambridge, especially at Trinity, in favour of the abolition of tests, 1942-1944 Opinion adverse to any test in the case of professors, except Divinity professors, 1945-1949. 1953-1958 Inexpediency of religious controversy being brought before students on first coming to the university, 1950-1952. Approval of the Bill as regards the universities, whilst some safeguards is required for maintaining the domestic character of the colleges, 1965-1967 Further reference to the terms of the Bill as admitting of correction on certain minor points, 1968-1975. Censors. Systom of tutors or censors in the case of the students at Oxford not affiliated to any college, Chase (1870) 132-134. Chapel Services: 1. Concurrence of Evidence as to the Importance of maintaining the Church of England Service in the College Chapels, and as to the Expediency of a positive Enactment on the Subject. 2. Suggested Appointment of a Chaplain Fellow hy each College. 3. Question of Shortening the Services. 4. Practice as to Attendance at Chapel; Question of Voluntary or Compul- sory Attendance. 5. Doubt as to any Grievance under the Bill ; limited Value attached to the Chapel Services. 6. Conclusion of the Committee. 1. Concurrence of Evidence as to the Importance of maintaining the Church of England Service in the College Chapels, and as to the Expediency of a positive Enactment on the Subject : Great improvement if the clause in the Act of Uniformity were retained, which pro- vides for the maintenance of the chapel services, Chase (1870) 162-164; Perowne (1870) 764. 774-776 Strong objection to the proposed removal of the present security for ' the maintenance of the Church of England service in the college chapels, Perowne (1870) 617-619. Great improvement of security for the maintenance of the Church of England service in the existing college chapels, 'Lightfont (1870) 849-852. 860, 861. 1070 Expecta- tion that in every college there will be no lack of Church of England members for upholding the chapel services, ib. 936, 937 Additional safeguard by reserving the chapels for the Church of England service, ib. 1 170-1 172. Power of the college meeting to overrule the master with respect to the chapel and the college service, Scott (1871) 22-25 Power of the visitor to interfere as regards the chape), the visitor bein^, however, appointed by the college meeting, ib. 23-30 Expediency of providing that the chapels shall be secured for the Church of England service exclusively, ib. 163, 164. Recommended omission from the Bill of the clause repealing section 13 of the Act of Uniformity with reference to the form of chapel worship, Cookson (1871) 204-208. 300- 302 Possibility of a complete change, being made in the college services, unless some safeguard be provided ; suggestions on this subject, Stores (1871) 375-380. Conclusions as to the religious value of the service in the college chapels, it being very prov.s.i'as to the service of the Church of England being celebrated in the college chapels, Mansell (1871) 889-894. Statement as to the maintenance of the Church of England services in the college chanels bein- sufficiently provided for by the Act of Uniformity ami by the co lege ordi- nances, Rouldell (1871) 1442-1453. 1558-1.O65 Non-objecfon to a special provision for the maintenance of the chapel services, ib. l 4 54 —Further explanation on the question of the maintenance of the chapel service, this being one of the safeguards approved by witness, ib. 1 55°-! 553- 1557" 1565- Valuable influence of the chapel services, Ince (1871) 1631, 1633— Conditions subject to which the college authorities might d.scontinue the service in the cnapel, ib. 237-I. B 2 lb33 ~ 12 CHAPEL SERVICES. Reports, 1870, 1871 — continued. Chapel Services— continued. 1. Concurrence of Evidence as to the Church of England Service, ^c— continued. 1633-1640 Opinion that the continuance of the Churcli of England service in the c o'llege chapels should be imperative, and should not be left to the discretion of the exislingbody of fellows for the time being, Ince()8yi) 1710-1713. 1750-1754.1796. 1816. Great importance attached to the maintenance of the Church of England service exclu- sively in the college chapels ; there should be an express provision in the Bill to this effect, Woollcombe (1871) 2007-2009. 2034-2037. 2061-2066. 2068 Proposal for retaining the section of the Act of Uniformity which provides fur the sole and exclusive maintenance of the worship of the Church of England in the college chapels, Waraker (1871)2095-2099 Advantage of a positive enactment in the Bill to the foregoing effect. Waraker. 2100-2103; Atkinson (1871) 2665. Safeguard by an express enactment maintaining the Church of England services in the college chapels, Leighton (1871) 2275-2277. 2355, 2356 — -Belief that the chapel service exercises a greater and more wholesome influence than is generally supposed, ib. 2275. Importance of a specific declaration by Parliament that the Church of England service shall be maintained in the college chapels; this is the chief safeguard desired by witness, Bateson (1871) 2816-2821, "2831-2836. 2858, 2859- Special importance attached to the maintenance of the Church of England service in the chapels, Atkinson (1871) 2938. 2965. 2978-2982. 3003. Non-objection to a positive enactment for the maintenance of the chapel services so long as the Church of England remains established ; this should apply only to Sundays, Jowett (1871) 3032-3038.3047.3217 Approval of provision for chapel service on week days if power be given for shortening the service, ib. 3133-3136. 2. Suggested Appointment of a Chaplain Fellow by each College : Proposal that every college be required to appoint a chaplain fellow, so that religious teaching may be secured if tests be abolished, Neate (1871) 1155. i 22 3- 3. Question of Shortening the Services : Expediency of a shortened form of service, Chase {i$jo) 162-164 Suggestions as to the authority for shortening the services, care being required that innovation should not be allowed, ib. 164-176 Belief as to its being open to the governing body of a college to alter or abbreviate the chapel service, Perowne(\8'ju) 710-716 Expediency of the governing body of each college being entrusted with the duty of shortening the chapel tervtces, Lightfoot (1871) 1069. 1077-1081 Advantage in being able to shorten or alter the service on week days, Jouett (1871) 3033. 3134. 4. Practice as to Attendance at Chapel ; Question of Voluntary or Compulsory Attendance : Absence of difficulty at Cambridge as regards the attendance of students at chapel, Perowne (1870) 666 Advantage, on the whole, of attendance at chapel being compulsory, Lightfoot (1870) 980. 1008-1110 Varying practice in the Oxford colleges as to attendance at chapel ; preference for the system of voluntary attendance, Rolleston (1870) 1243-1249. Opinion that the attendance at the chapel service should be voluntary, Scott (1871) 165. 187 Much greater laxity of chapel discipline at Oxford than in former years; different practice of different colleges as to attendance at chapel, Liddon (1871) 689- 694. 786, 787 The Sunday attendance is insisted on much more strongly than the week-day attendance, ib. 693, 694 Practice at Balliol College and New College of requiring chapel attendance or the alternative of a roll-call, ib. 689, 690 Willingness evinced by Protestant Dissenters at Cambridge to attend chapel, Hartog (1871) 1243. 1246. Importance attached to regular attendance at chapel, as distinct from compulsory attendance; beneficial influence produced, Campion (1871) 1917-1927. 1933-1941. 1959-1962 Objection to the clause em powering young men to abstain from attending the public worship of any sect to which they do not belong; less objection if a certain modification be introduced into the clause, Waraker (1871) 2127, 2128. 2201-2203 Expediency of its being left to the colleges to permit exception from attendance at worship, as at present, ib. 2\2j. Disapproval of compulsory attendance at the chapel service in the colleges, although it is exceedingly desirable that a daily service should be continued, Reed (1871) 2589- 2599. 2625, 2626, 2632-2635. 2786-2789 Attendance generally of Nonconformists at the chapel services at Cambridge, though objecting to many parts of it ; suggested alteration of the service, ib. 2589, 2590. 2632-2635. 2663-2668. 2778 Grounds for objecting to the attendance at chapel being voluntary, Atkinson (1871) 3004-3009. Statement showing the attendance at ^ew College Chapel and at roll-call, during; October term, 1870, (App. 1871) 360. 5. Doubt CHA C H A 13 Reports, 1870, 1871 — continued. Chapel Services — continued. 5. Doubt as to any Grievance under the Bill ; limited Value attached to the Chapel Services: Improbability of any grievance arising as regards the chapel services through all denominations having free access to the governing body, Rolleston (1870) 1265-1270 Limited value attached to the college chapels, and the services therein, as regards reli- gious influence, Appleton (1871) 637-644. 6. Conclusion of the Committee : Resolution of the Committee that the maintenance of existing chapel services shall be obligatory, discretion to abridge them being left with the head of the college, Second Rep. (1871) iii. See also Balliol College. Clare College. Chase, The Rev. D. P. (Analyses of his Evidence— Session 1870.)— Is Principal of Saint Mary Hall, Oxford ; is a fellow of Oriel College, and has hart some years' experience as tutor of Oriel, 1-3 Considers that the University Tests Bill would have very little effect upon the University of Oxford, as distinct from the colleges, and that the possibility of a majority in convocation hostile to the Church is a very distant event, 4-12. Explanation on the subject of the university examination in Divinity, with reference to the possible effect of the abolition of tests, 13-18 Character of the examination in moral philosophy for honours, and of the books used, 19-28 Lectures of Mr. Ruskm adverted to as having included references to dogmatic questions in large numbers, 29-33. 384-386. Little, if any, evil effect apprehended from the admission of Christian Dissenters as fellows of colleges, 34, 35 Great difficulty and evil apprehended if the governing body of any college were to consist partly of persons professedly opposed to all dogmatic or religious teaching: prospect of an increased admission of such persons if there were no testT 34-45 Nature of the powers of the university or of convocation for dealmg with heresy, 46-51. Power of the heads of colleges as to the appointment of the c ° lle g e / ut °r s '„ < ;i I r £^ conditions being prescribed by the university statutes 52-63— Considerable fac.ht.es of the tutors foi ? acting upon the religious opinions ot the undergraduates 64-69 Means of tie imiversUv and of the heads of colleges for exercsmg a restriction upon 5Je"u S to°rs* clures, ^—Disharmony and dissension hke y -to .arise in any college if the fellows were divided into two parties on the question of Chiistianity 74 78 Practice £ Tthe election of fellows af Oriel not to take the rehgious belief into cons.dera- tion but 10 elect with direct reference to intellectual qualifications, 79-90. college government, 93~9 6 - . c of teste, uo-ne bjplanauon thai it I. p. t »' "'"^ p i( h wollld 5ubs c,ibe fellow,, not taking teste, should be e ,g, e£ col egefe l.owsi ■!». * !i!£4°S o"f L^Sl^ TtoS&ZT**** not .dilated to an, eo,,e g e, 13 2_1 34- „ n ;vP«-<»itv fellowships would have an auti- Dissent from the view that the propo ed w™"*™ ^^^ ,04-208— theological character, m c ,°» trast t ._ nf IL abolition of tests has led to any mjur.ous Smitfd extent to winch the ft^ at fo ,. e , gn umversities opinions, 143- J 49— f- " where they have no tests, 15'= 5* ; Profe8BorBh ip 9 at Oxford would not be Impression that the four F^-pal^ n y J ^J» M £j feBBOr of Exe ge S is and the affected by the Bill, 151. *f -r?. ^ ps Ions calling themselves Christians, except h^U^W^^^J^Stency obtaining the chape services, Quinisms and Unitarians, i 3- 101 , ^ i, ifio-ifij. Suggestions as to the autho- S^and evening, but in a shortene ^^^.^^ should not be allowed, ritv for shortening the services, care Dein D 1 164-176. B3 Expediency 237— L 14 CHASE. Reports, 1870, 1871 — continued. Chase, the Rev. D. P. (Analysis of his Evidence— Session 1870)— continued. Expediency of a certain proportion of the fellows of each college being in Holy Orders ; one-third would probably suffice, 177, 178 Increased influence of heads of colleges through beuitf in Holy Orders, 179-183 Difficulty of drawing a distinct line between the theological and the secular education in the universities, 184-186 Circumstance of Bui ler "having fallen very much into disuse in (he examinations, 187-1 go Conflict of opinion by the fellows of a college comprising Dissenters and persons who are not Christians, 191-194. Doubt as to the advantage of the present non-resident fellows being made to reside, , 95 _ 197 Belief that under witness's scheme the t j st would be taken with more sincerity and responsibility, 198-200 Contemplated appropriation of about one-half the college endowments for the creation of university fellowships, 201-203 Distinctive training V the university and of the colleges, the Bill not recognising the difference between the two, 210-214. 292. Average age at which young men come to Oxford ; special importance of the teaching at this age not being opposed to religion, 215-221 Considerable influence of the religious Instruction given through lectures and in the colleges, 222-225 Further reference to the system of non-resident fellows, as much requiring amendment, 226-230 Conclusion that the Bill provides no effective safeguard for the maintenance of religious teaching in the university, 231. Objection especially to that part of the Bill which affects the colleges, as distinct from the university, 232-236. 292 Comparatively little religious influence exercised by the university upon the undergraduates, 237, 238. 294-298 Reference to a certain peiiiion in 1863 against the removal of tests, signed by a large uumber of non-residents, including, amongst others, the present Archbishop of York and the present Bishop of Oxford, 239-249 Further statement on the question ot there being no immediate danger of a change of opinion on the part of convocation, 250-254. Considi ration of the effect of the University Reform Act of 1854, as regards non- resident fellowships, these involving little, if any, duty towards the colleges, 255-263. 301 Effect of the Bill in neutralising the obligation to elect fellows with reference to " religion," as well as " education and learning," 264-266 Anangement at Oriel College for maintaining a certain number of clerical fellowships, 267-269 Effect of the legislation of 1854 m causing the clerical fellowships in some colleges to be held by yourger men, 270-273. Prospect of an increase in the college revenues divisible among the non-resident fellows, 274-279 Tendency of the Bill to make the theological students more sectional and narrow, 280—285 Expeciation that Free Thinkers and others, who have little scruple in subscribing to the present tests, would prefer to go in for university fellowships not involving any test, 286-291 Decreasing necessity for, and influence of, private tutors, since the system of combined lectures of tutors of colleges, 294-298. Statement as to the Bill not affecting in any way the question of non-resident fellows, 2 99> 30°- 3M> 315 Sufficiency generally of the safeguard in the Bill relative to the election to the office of Divinity Professor, 302, 303 Reference to the Slade Pro- fessorship (held by Mr. Ruskin) as one not affected in any way by the Bill, 304-306 Estimate of between one-third and one-half as the proportion of clerical fellowships, 307, 308— — Doubt as to any widespiead dissatisfaction existing through the proposed uni- versity fellows not being eligible for tutorships, 309-312. 340, 341 Effect of the tests in impeding undogmatical teaching, 316. Examination in approval of a relaxation of the present test, as by t!.e substitution of a declaration of Christianity, 317-322. 347 et seq. Circumstance of the existence of tests at Oxford not having presented serious divergence of opinion within the Christian body, as in the case of the Tractarum movement, 323-339. 344-346 Statement that public opinion is not sufficiently informed on the matter at issue, 342, 343. 395. Object of the opponents of the Bill to keep out the enemies of dogmatic teaching, rather than to exclude Dissenters ; question hereon as to the efficacy of tests for this purpose, 352-368 Suggestion that the Apost'es' Creed might be adopted as a test, 355 Greater efficacy anticipated by limiting the test as proposed by witness, 361-368. 409-411— — Further statement as to the opportunities of tutors for influencing the reli- gious opinions of the students, 369-375 Discouragement of Bishop Butler's works in recent years, 376-380. Circumstance of no objection having been made to a Presbyierian as Regius Professor of Civil Law, and as examiner in the law schools, 381, 382 Inexpediency of abolishing tests, though not always successful in effecting the object for which instituted, 392-395 Approval of a settlement of the question on the same principle as the' popular education question has been settled in reference to religion, 396-398 Absence of analogy between English and foreign universities as regards the religious question, 399- 402 CHA C H U 15 Reports, 1870, 1871— continued. Chase, The Rev. D. P. (Analysis of his Evidence — Session 1870) — continued. 402 Practice at Oxford as to the selection of the books to be used in different examina- tions, 403-408. Question considered ;is to the efficacy of tests for the exclusion from fellowships and from convocation of persons who have joined the Church of Rome, 412-414 Respect in which the question of non-residence is indirectly affected by the existence of tests, 415-418 Explanation as to the government of many of the larger colleges having been confined to a small body of fellows previously to the" legislation of 1854; 4 J 9> 4 20 - Cheshunt College. Origination of Cheshunt College in 1768 by the Countess of Huntingdon, who sustained it until her death, but left no endowment for it, Alton (1871) 2379-2381. 2400, 2401 Constitution of the college adverted to as having been approved by the Countess, the college net being legally or formally connected with any religious body, ib. 2382, 2383 Particulars lelative to the origin and the Calvinistic character of the fifteen articles embodied in the college trusi, and required to be signed by the students and tutors, ib. 2383-2391 Circumstance of some of the students having become clergymen of the Church of England, ib. 2383. 2505-2507 Theological character of ihe college; different subjects taught, ib. 2382-2396. 2404, 2405. Difficulties felt in subscribing to the articles; conclusion that it is very desirable to dispense with the articles as a test of admission to the college, and to substitute a general examination, including doctrinal belief, Ailon (1871) 2386, 2387. 2390,2391. 2406,2407. 2433-2450. 2459-2465. 2483-2485 Maintenance of the college by subscriptions, there being also endowments amounting to about 700 I. or 800 I. a year, ib. 2397. 2400, 2401 Practice as to the admission of students; searching examination on entrance, with reference 10 spiritual fitness for the ministry, ib. 2398, 2399. 2402,2403. Circumstance of Cheshunt College not having been regarded till lately as strictly a Nonconformist college, Alton (1871) 2407, 2408 — -Statement as to the Congrega- tionalists having no such formula as prevents their subscribing to the articles of the college, whilst the Baptists and Wesleyan Methodists are excluded by the articles, ib. 2451^ 2452. 2475-2481—; — Information relative to the constitution of the governing body of Cheshunt; power of removal of trustees in certain cases, ib. 2453-2459. 2482 -Catholic character of the college, which does not belong to any denomination, though the Congregationalists are its chief supporters, ib. 2461. 2475-2481. 2507, 2508. Inportant distinction between the objects of Cheshunt College and of colleges in the universities; objection, however, to the exclusive articles in force in the former college, Reed {i8j 1) 2617-2620. 2627-2631. Copy cf deed of trust of the College of Cheshunt, App. (1871) 33^-345 Articles of faith referred to by the deed, ib. 346-348. Christ Church {Oxford). Statement as to their being four sets of Divinity lectures at Christ Church, Liddon (1871) 680 Several Roman Catholics and Nonconformists at Christ Church at different times, their attendance at Divinity lectures and at chapel -being excused, ib. 686-688. 788. Christianity. Question whether under the Bill the universities would any longer be Christian as incorporations, Athhison (1871) 2950,2951. See. also Religious Teaching. Church of England. Expectation that not merely fellowships at Cambridge but tutorships ' and the office of dean would pass out of the hands of members of the Church of England if tests were dispensed with, JPerawne (1870) 658, 659-— Apprehension that the influ- ence, of the Church of England at Cambridge would be greatly weakened by the Bill, and would be powerless to prevent irreligious teaching, ib. 826-831. Proposition that in all colleges a majority of the fellows, such as three-fifths should be members of the Church of England, the other two-fifths of the fellowships to be open wXuVtests Cookson (1871) 208-214. 222-226. 268-273. 235, 236. 277-282. 306, 307 _ ApprehinBiS lest under the Bill the majority of the fellows in some colleges would not be members cf the Church of England, ib. 247-250. Tendency of the tests to excite in some minds a feeling of hostility to the Church of Witness center,,.. *.. the restrictions upon ^^» j^iET being the Church of England only comes in secondarily, ib. 1510. 15»3- ^16 Hre P° n «^ 237 —I. i6 C H U CLE Reports, 1870, 1871 — continued. Church of England — continued. ance of the Church of England at the universities, so long as it is the Estabiished Church, irrespectively of tests, Rouudell (1871) 1557. Admission as to the tendency of tests to cause irritation in those who do not attach any importance to them, and to induce antagonism to religion and to the Church, Ince (1871) 1706-1709. 3746-1749. 1757, 1758 Expediency of providing that those in charge of the teaching and discipline should be members of the Church of England, Waraker (1871) 2107-2111 Unfavourable effect of the tests as regards the Church of England, Jouelt (1871) 3019, 3020 If witness were a Churchman he would he an earnest advocate for the opening of the universities, Stoughton (1871) 3387. Resolution of the Committee that each coliege should be required to provide religious teaching fur members of the Church of England in static pupillari belomnno - to the college, Second Rep. (1871) iii. See also Abolition or Relaxation of Tests. Chapel Services. Denominational and Undenominational Colleges. Divinity Professors. Endowments. Fel- lowships. Heads of Colleges. Religious Teaching. Roman Catholics. Tutors. Vice Chancellor. Church of Rome. Opinion that tests at Oxford have had no appreciable influence in check- ing the movement towards the Church of Rome, Jowett (1871) 3162. See also Roman Catholics. Clare College (Cambridge). Explanation as to the governing body of Clare College, and the powers of the visitor; belief that his consent would not be asked as to alteration of the college statutes, Atkinson (1871) 2955-2964 Relaxation permitted as to the attendance of Nonconformists or others at Clare College chapel, ib. 2966-2971 Hardship if the chapel were applied to any other services "than those of the Church of England, ib. 3003. Classical Tripos {Cambridge). Possibility of the religious element being introduced in the classical tripos studies, Perowne (1870) 519-521. Clerical Fellowships.- 1. Present Proportion of Clerical Fellowships. 1. Effect of the Bill as regards these Fellowships; expected Agitation on the Subject. 3. Question of maintaining a certain Proportion of Clerical Fellowships. 4. Objections to the present System of Election of Clerical Fellows. 1. Present Proportion of Clerical Felloioships : Estimate of between one-third and one-half as the proportion of clerical fellowships at Uxioid, Chase (1870) 307, 308 Varying proportion of clerical fellowships in the dif- ferent colleges at Cambridge, these being liable to reduction at any time by an alteration ot the college statutes, Perowne (1870) 594-600. Return showing for each college in Oxford and Cambridge the number of fellows required to take orders or to proceed to Divinity degrees, App. (1870) 124-133. List of the number of fellows of each college who must be in or must proceed to Holy Orders, App . (1871) 361 Return showing the colleges which have, and those which nave not, a clerical majority, ib. 2. Effect of the Bill as regards these Fellowships ; expected Agitation on the Sub- ject : Importance attached to the clause in the Bill on the subject of the existence of clerical fellowships Perowne (1870) 748-752 Doubt as to the Bill necessarily leadin- to an abol.tion of clerical fellowships, Lightfoot (1870) 1090-1094 Expected continuance in any case of clerical fellowships on account of the demand for clerical heads of schools, &c, Rolleston (1870) 1299, 1300. 1327-1329. Expected discontinuance of the clencal fellowships as a result of the abolition of tests, Acott (1871) 152 1,53-— Expediency of at once setting the question of tests, and of dealing separately and subsequently with clerical fellowships and other questions, Roundell (i8 7 i) 15,8-1524— - Approval of the present system as regards clerical feU i°8fif 'S'fin nto ^''r' °" W,n ^ P1 ' 0bab,y take P' ace 0n this ^ Iesli0 "> BaLa* (1871) 2860, at I ; T?ni 9 "^/- 3 ~7 V P N Cted Q a g' tat,on relatlve t0 cle ^al fellowships alter the passing ot the Bill, Atkinson (1871) 2998, 2999. l b 3. Question of maintaining a certain Proportion of Clerical Fellowships ■ any decided limitation i/the Sberol *1 rfel? el & ifc^^Vto*? 1 ° f meTttTr 1 - the ?ySt6m 0i ' deiical *Ilowships; disad^antg o a 7 2s ti?e /equlrZ S74-I884 " F ' POrt '° n ° f ' he f6ll0WS mUSt be in Hol/Orders/^-o^i) Strong CLE COL 17 Reports, 1870, 1871 — continued. Clerical Fello wships— continued. 3. Question of maintaining a certain Proportion of Clerical Fellowships — continued. Strong objection to the Bill on the score of clerical fellowships ; importance of main- taining a certain proportion of these as the only security for Church of England tutor- ships, Woollcombe (1871) 200a, 2003. 2040-2042 Concurrence in the view as 10 the importance of a certain proportion of clerical fellowships, Atkinson (1871) 2947, 2948. 2986, 2987. 4. Objections to the present System of Election of Clerical Fellows : Witness is strongly opposed to the clerical restrictions upon fellowships, as frequently necessitating the choice of men of inferior intellectual qualifications, and, therefore, of an inferior class generally, Eoundell (1871) 1412-1428 Grounds of objection to clerical fellowships further adverted to ib. 1492-1494 Considerable change required as regards clerical fellowships, ib. 1522. Instance of competition for a clerical fellowship when a person of very high attain- ments was elected, Woollcombe (1873) 2004 Smaller competition for clerical fellow- ships, so that the verm " close" fellowships is being applied to them, ib. 2005, 200b. Very jrrave objections to which the system of clerical fellowships is open, whilst the system does not promote any good religious influence, Jowett (1871) 3030, 3031 - Necessity, under the system, of electing comparatively inferior men, ib. 3030 3079.317b. en 86-1101 Further evidence in support of witness s objections to the system ot clerical fellowships, as being productive of much evil, ib. 3072-3080. 3i74"3'77- 3i8b- 3191- See also Merton College. College Endowments. See Endowments. Colleze Livings. Evidence on the subject of the appointment to college livings, as resting wifh tte master and fellows, or with the master and senior fellows ; conclusion as to the Tx fed ency on hi score, of the head of the college and a majority of .he fellows being "embers of the Church of England, iW^ (1870) 849. 853-863. 960-969- \^'^ Injury to the cause of Christian teaching by the P°»e«ion of g"™™^ *£ «£ leges, Liddon (1871) 678, 679 Op.nion that under the Bill the best thing tor colleges to do as regards their ecc!esiast,cal patronage, would be to sell it, ib. 771. ' Return showing for each college in Oxford and Cambridge the number of college livings and the number of vacancies since 1st July 1865, App. (1870) 124-133- College Statutes. See Statutes of Colleges. College Tutors. See Tutors. t SP"«SS*^ i-' 10 " J "*"• e " m " appeaiance of the college system from the university; increase of this evil if the Bill he passed in its present shape, Woollcombe (1871) 2029-2033. 2050-2053 Mischief apprehended from the Bill mainly as regards the colleges, Leighton (1871) 2252 Value attached to the declaration by electors that they will elect to the college as a place of " religion," learning and education, Bateson (1871) 2813-2816. 2862, 2863 Opinion that the Bill before the Committee will be most disastrous in its effect, moie especially as regards the colleges, Atkinson (1871) 2924-2927. Opinion that it had much better be left to the colleges to decide about having Divinity lectures, &.c.,JW« (1871) 3047. 3178-3181 Improbability of the colleges neglecting so important an influence as religion in education, ib. 3047, 3048. Return from each college at Oxford stating whether the head is compelled to be in Holy Orders, containing sundry particulars relative to the fellows, and showing the number of college livings and the vacancies in aceitain period, App. (1870) 124-129 Similar return relative to the colleges at Cambridge, ib. 130-133. See also the Headings generally throughout the Index. Commission. Effect of the Bill to necessitate important changes in the statutes of the University of Oxford, chiefly as regards its ecclesiastical privileges; opinion that on this score a commission should be appointed, Neate (1871) 1140, 1141. 1176-1182 Con- clusion as to the want of a commission, appointed by the Legislature, with a view to bringing the statutes of the colleges into harmony with the Bill, ib. 1143-1145 Im- portant effect of the Bill as to the foundations and endowments of the colleges, the pre- vious appointment of a commission being very desirable upon this score before compulsory legislation takes place, ib. 1143-1145. 1176-1182. Objection to the colleges having power to make changes in regard to clerical fellow- ships, &c, without the authority of a Parliamentary Commission, Campion (1871) 1862- 1867 Opinion that it would be better if the Bill were passed in a permissive form, and if a Parliainentaiy Commission were appointed to reform the statutes of each college, in connexion with the governing bodies, ib. 1909, 1910. Compromise. See Abolition or Relaxation of Tests. Compulsory Regulations. Explanation of witness's reasons for preferring a compulsory Parliamentary measure to a measure relegating action to the different colleges, Perowne (1870) 673-675. 773. 821-823 Importance of Parliamentary safeguards rather than of possible safeguards to be adopted by the colleges or universities from time to time, Stokes (1871) 335, 336. 360. 390; Waraker (1871) 2117, 211 8. 2204 Expediency of whatever safeguards are retained being dealt with by Act of Parliament, instead of resting upon college and university statues, Leighton (1871) 2299-2309. Concession . See Abolition or Relaxation of Tests. Congregation {Oxford). Grounds for concluding that the powers of congregation at Oxford require to le restrained, Neate (1871) 1147-1170. 1186-1188. 1215-1220 Unduly young^ men of whom congregation partly consists, ib. 1188. 1224 Probability of a majority of the members of congregation having petitioned against the Bill, Roundell (1871) 1570. Congregationalists. See Ckeshunt College. Dissenters. New College. Conscience Clause. Approval of a conscience clause in the Bill, by which students mi"ht be allowed by the college authorities to absent themselves from lectures, Stokes (1871) 381-384.457-461. Statement in support of the conclusion that there is no necessity for a conscience clause for the protection of students at Oxford who, on religious grounds, may object to attend any lectures, Appleton (1871) 619-626 Sufficiency of the present check in the Vice Chancellor upon the setting of unfair questions by examiners; difficulty in workiag a conscience clause on the subject, ib. 632-636 Doubt as to the value of a conscience clause whereby young men or their parents might object to any lecture, so that the foimer need not attend, Mansel (1871) 935-937. Recognition CON COO 19 Reports, 1870, 1871 — continued. Conscience Clause — continued. Recognition of the principle of a consciance clause, Angus (1871) 1313, 1314 Suggested renewal of the obligation to attend the lectures of any professor if not subject to tests, Atkinson (1871) 2991. Resolution of the Committee that no person be compelled to attend any lectures to ■which his faiher or guardian shall object, or that shall be contrary to the tenets of any religious denomination to which that person shall belong, Second Rep. (1871) iii. Convocation (Oxford). Witness considers that the University Tests Bill (1870) would have very little effect upon the University of Oxford as distinct from the colleges, and that the possibility of a majority in convocation hostile to the Church is a very distant event, Chase (1870) 4-12 Expected multiplication of educating bodies in the uni- versity if membership of convocation be open without tests, ib. 131 Further statement on the question of there being no immediate clanger of a change of opinion on the part of convocation, ib. 250-254. Evidence in support of the view that the powers of the residents at Oxford require to be restrained, and that increased powers and control should be given to convocation, Neate (1871) 1147-1170. 1186-1188. 1215-1220. 1224 Beneficial effect of the control exercised by convocation, ib. 1187. Cookson, TheRev.H. W.,D.D. (Analysis of his Evidence— Session 1871).— Is Master of St. Peter's College, Cambridge, 188 Considers that the safeguards provided in the Bill for religious teaching are inadequate and insufficient, 189-191 Importance attached to the preamble of the Bill as indicating that it is the intention of the Legislature to maintain religious instruction and worship, 192-194 Want of a better safeguard as to the heads of colleges at Cambridge, and a majority of the fellows being in Holy Orders, 195-202 Exception taken to the provision by which fellows might be in Holy Orders of the Church of Rome, 203. 254-259. Recommended omission from the Bill of the clause repealing section 13 of the Act of Uniformity, with reference to the form of chapel worship in the colleges, 204-208. 300-302 Suggested provision that nothing in the Act shall apply to the headship of any college, 208"' Proposition that in all colleges a majority of the fellows, such as three-fifths, should be members of the Church of England, 208-214. 222-226. 235 236. 306, 307 Very restricted powers of the visitors of colleges, as to the religious educa- tion ;' varying powers in different colleges, 215-221. 230, 231. Approval of a clause in the Bill, that in the election of fellows and tutors, special regard be had to the interests of the colleges as places of religion, learning, and education, 227-220 Power of the colleges at Cambridge to alter their statutes by appeal to ihe Queen in Council, without any reference to the visitor, 232-234 Instances of the inefficiency of the present tests to exclude persons objectionable, on account ot their religious opinions, 237-239 Increase of feeling in the university against the taking of tests, 240-243. 288, 289. Practice in St. Peter's College in electing fellows, with direct reference to their .ntellec- tJqu locations, 244-46- "-Apprehension lest under the Bdl te majority of the fellows in some colleges would not be members of ihe Church of England, *47-*5?— Safeguard as to religfous teaching, if there were two classes of fellows, and if religious :„S£L «,, ™ .nt.ir.lv under that class of fellows who are members of the Church instruction, &c were entirely under that class of England, 251-253. Difficulty in retaining the voluntary theological examination at Cambridge if the Pncrland were to regulate the s:udies for candidates for Holy Uiders 203 2D 7 Or! unds for obiectinl to the majority of fellows of any college being Nonconforms ts removal of all hardship if two-fifths of the fellowships were opened to those who are not remo mem bers of the Church of England, 268-273. 277-282. Furt her reference to the importance ^f^^^^^ £ !^4^X of the'eounci confining a^rge ^^^^^^ denominational education or ™°^>^>™ if the Bill becomes law, 2 9 5-2 9 8 Difficl.y as to lectures on ihe QreAJ^Um^^M^ ^ some Approval to some extent of a plan making some c le o e * } der the Bill that S„ch of EngW, no, be I. Holy O.ders, 308-3.6 3^ 237— L 20 COO D E G Reports, 1870, 1871 — continued. Cookson, The Rev. H. W. (Analysis of his Evidence — Session 1871) — continued. held by a layman, not a member of the Church of England, 319-322 Doubt as to the expediency of a provision in the Bill, that all fellowships should be terminable, 324, 3 2 5- Corpus Christi College (Cambridge). Power of the master and fellowship of witness's colli -ge to call a non-resident fellow into residence, Perowne (1870) 487, 488 Circum- stances of the statutes of the college not providing that the election of the fellows is to have reference to their superiority expressly as regards " religion," ib. 554-556 The fellowships were formerly all clerical; but since 1861 four of the twelve fellowships were made tenable by laymen for life, ib. 594,595 Residence of ten out of tAvelve fellows of the college, ib. 601, 602 Admission of many Dissenters to the college, ib. 667. Coward's Trust. Particulars relative to Coward's Trust for Nonconformists; important distinction drawn between this trust and a college at Oxford or Cambridge, Stouqhton ( 1 87 3323-3338. D. Davidson, Dr. Opinion that the removal of Dr. Davidson from his position in a Non- conformist college, was not a wise step, Jowett (1871)3125-3127 Opinion that it was reasonable and right that Dr. Davidson should be requested to retire, Raleigh 0871^ 3239- ' Declaration (Negative Test). Objection to the declaration or negative test proposed by Sir Roundell Palmer, Lightfoot (1870) 987-989 Reference to the clause proposed by Sir Roundell Palmer, as free from two of the chief objections currently urged against tests; words of this clause, Rolleston (1870) 1208, 1209. 1338 Operation of a similar declaration in the Scotch universities, ib. 1208 Several objections to which this declaration is open, though free from some of the objections to the present tests, ib. 1208. 1210, 1211. 1214 Illustration of the practical difficulty in working the Scotch clause at Oxford, ib. 1214. 1304. Doubt as to the advantage of the proposed clause, to the effect that no person in his public capacity shall say or do anything to impugn the Christian faith or the authority of the Scnptures, Scott (1871) 65-68 Suggestion that lay teachers and lecturers in colleges be required to make a certain declaration, proposed by Sir Roundell Palmer, Liddon (1871) 662-664 Advantage of a safeguard in the shape of a declaration by lecturers, that they will not teach anything contrary to the Church of England, ib. 765- 768. Opinion that in the case or membership of convocation and of the M.A. decree, the tests may be abandoned, and a declaration substituted, to the effect that the declarant will not use his influence to the detriment of the Church of England, Mamel (1871) 833-835-. 867. 901-905 Approval of the declaration, as proposed by Sir Roundell Falmer, m the case of professors generally, other than Divinity professors, ib. 842-844. Exception taken to the view that professors of philosophy or history at the universities should be required to declare that they would abstain from anti-Christian teaching, Angus (1871) 1364-1371. 1 393-1 397— Proposal as regards professors, that the test be indie form of a declaration that they would teach nothing contrary to the Christian faith .7/^(1871)1755.1797.1799.1817-1827. Evidence in approval of the declaration proposed by Sir Roundell Palmer for professors generally, Waraher (1871) 2115. 2140-2163 Efficiency of a declaration Excluding men of honour from offices unless they can conscientiously concur in the terms of the declaration; illustration on this point, ib. 2112-2114. 2190-2194. Approval of the test proposed by Sir Roundell Palmer as better than no test at all Leighton (i8 7 i) 2329-2346— -Objection to the declaration proposed by Sir Roundel Calmer in the case of all professors, Atkinson (1871) 2090, 2001 Strinoenev nf trm test proposed by Sir Roundell Palmer, Jowett (1871) 3218 " fetlm S eilc y °* the in ™vS°E ° f the ^T^? t,Jat u tut T' aSS ! Stant tut0rs ' deans > censors > a "d lecturers n D.vmity be required to declare that they will not teach any opinion opposed to the tt^^ffi" y ° ly SCnPtUreS ° fthe ^ *" ' TMte »«X Degrees. Absence of test for the Bachelor of Arts' degree at Cambridge, Perowne (1870) thei^™* P , n*l ' nst f ce 7 sof '^ tests having prevented persons from goin* in for their degrees at Oxford, Appleton (1871) 604-607. D Resolution of the Committee that no test be required to enable any person to take an, degree other than Divinity degrees, Second Pep. (1871) iii. * P ^ Denominational DEN DIS Reports, 1870, 1871 — continued. Denominational and Undenominational Colleges: 1. Approval of some Colleges being Denominational and some Undenomi- national. 2. Objections to a System of Denominational and Undenominational Colleges. 3. Probability of some Colleges becoming Denomination al in the absence of Tests. 1. Approval of some Colleges being Denominational and some Undenominational: Opinion favourable to a denominational system, as giving fair play to every denomina- tion, Chase (1870) 356 Evidence to ihe effect thatlhe colleges should be free to make themselves denominational, without being, necessarily, of the Church of England, Rolleston (1870) 1268-1272. 1275-1289. 1324-1326. 1332-1335. Approval to some extent of a plan making some colleges denominational and some undenominational, Cookson (1871) 303-305— — Opinion that if tests cannot be retained for all the colleges, the post-Refoimation colleges should be placed in a separate category, so that the denominational and undenominational systems may both be maintained, Liddon (1871) 772-776; Atkinson (1871) 2993-2997. 2. Objections ton System of Denominational and Undenominational Colleges: Disapproval of some colleges leaving tests, and others not leaving them, Perowne (1870) 537 Objection to certain colleges being made undenominational and some denominational, though this plan would reflect, to some extent, the difference of religious opinion in the country, Stoke (1871) 407-415. Grounds for disapproving of a proposal for making some colleges denominational and some undenominational, with a view to a limited application of tests, Appleton (1871) 584-602 Great inconvenience in making some colleges denominational and some undenominational, Thompson (1871) 1117, 1118- — Expediency of all the colleges being open to students of all denominations, instead of there being any denominational colleges, Angus (1871) 1384-1392. 1400. Decided objection to retaining the tests in some colleges and abolishing them in others ; effect of such distinction to flood the former colleges with inferior men, Roundell (1871) 1505-1509 Objeciion to a system whereby there should be denominaiional and un- denominational colleges in the universities, Reed (1871) 2754-2774. Conclusion as to iis being both inexpedient and impracticable to make some colleges denominational and some undenominational, Jowett(i&-j 1) 3228-3233 -Approval of all the colleges being undenominational rather than of some being denominational and some being thrown open, Raleigh (1871) 3279-3285. 3. ' Probability of some Colleges becoming Denominational in the absence of Tests: Tendency of colleges to denoininationalise themselves in the absence of tests, Leighton (1871) 2285 Probability of some of the smaller colleges becoming denominational if tests be abolished; witness would see no evil in this, Bateson (1871) 2803-2806. 2903. See also Dissenters, Sj-c, 3. Endowments. Deprivation (Fellows/tips, fyc.) Minority of residents at Cambridge in favour of a power of removal for anti-Christian teaching, Lightfoot (1870) 946, 947 The power of deprivation has been exercised by the head of a college at Oxford, wnh the approval of the visitor, in the case of a fellow who had joined the Church of Rome, Leighton (1871) 2237-2240. See also Anti- Religious Teaching. Davidson, Dr. Heresy. Discipline Difficulty if the couit by which discipline is enforced were composed of men of different religious creeds, Perowne (1870) 649 Important function of the university in maintaining discipline among the residents, ib. 655-657- Necessity of a dec arat.on for all offices which take part in the discipline ol the colleges, Waraker (1871) 2104, 2105. Dissenters or Nonconformists: 1 Extent of Hardship in the Exclusion of Dissenters, by reason of the Tests^ 2. Benefits anticipated from a numerous Accession of Dissenters to the Urn- 3 Conflicting Evidence as to the Effect of an Admixture of Nonconformists and Churchmen in the Governing Bodies of Colleges. 4 Objections not so much against an Accession of Christian Dissenters, as of Infidels and Sceptics, by an Abolition of Tests. _ 5. Increasing Number of Dissenters at the Universities. _ 6 Representations generallu in favour of the Free Admission of Dissenters. 7! Particulars in connection with Nonconformist Colleges. r a I. Extent 337- L 6 22 DISSENTERS. Reports, 1870, 1871 — continued. Dissenters or Nonconformists— continued. 1. Extent of Hardship in the Exclusion of Dissenters by reason of the Tests: Very limited extent to which Dissenters now excluded at Cambridge ; would be admitted to fellowships if there were no lests ; very little ground for complaint on this score, Perowne (1870) 538-540- 660.740-742.805-809 Evil of the tost for fellow- ships in causing the rejection of men of high intellectual qualifications, Lightfoot (1870) 9 2 3> 924- Several instances cited in which persons have been excluded from fellowships at Cam- bridge through objecting to the tests, Hartog (1871 ) 1226-1231. 1281-1284 Prac- ticaf grievance to Dissenters in being excluded from fellowships, more especially during the interval before they practise in their professions, Angus (1871) 1343. 1372-1375. Objection to the system of tests, as unjust to Dissenters, as well as on other grounds, Roundell (1871) 1429 Hardship in the exclusion of witness from a fellowship, Reed (1871) 2441 Feeling excited in the university by the exclusion of Mr Aldis and others from fellowships Bateson (1871) 2837, 28 3 8 - 28 97> 2§ 9 8 - Tendency of universty tes:s to divide social life throughout the country, whilst they are a o-ieat hardship to Nonconformists, Raleigh (1871) 3234-3236 Circumstance of the tests not preventing the admission of Dissenters to the universities, ib. 3319, 3320. List of some of the persons who have taken honours at Cambridge, who have been excluded from fellowships by the tests, App. (1871) 337. 2. Benefits anticipated from a numerous Accession of Dissenters to the Uni- versities: Opinion that an influx of Dissenters into the universities would be the best safeguard for the maintenance of religious influences, Roundell (1871) 1490. 1531, 1.532 Great improbability of the education in the University of Oxford being narrowed by the influence of Dissenters or others, ib. 1528-1530 Advantage to the university by the accession of a number of young men of limited means rather than by ihe accession of the sons of the plutocracy, ib. 1531-1534. Several advantages by a large accession of Dissenters to the universities, Appleton (1871) 1572-1576 Great advantage anticipated from a large accession cf Dissenters, Jowett (i8ji) 3229 Beneficial influence, in a religious sense, of an increased accession of Dissenters to the universities, Stoughton (1871) 3382. 3391, 3392 Exceeding anxiety of Nonconformists for a religious element in education, ib. 3405. 3. Conflicting Evidence as to the Effect of an Admixture of Nonconformists and Churchmen in the Governing Bodies of Colleges : Liability of colleges (jests being abolished) to fall into the hands of a majority of Dissenters or of Roman Catholics, results being produced for which the country is alto- gether unprepared, Perowne (1870) 692-701. 810-815 Difficulty, amounting' almost to impossibility, in having any effectual religious teaching if the governing body be com- posed of persons of different creeds, ib. 789-799. 804 Grounds for objecting to the majority of fellows of any college being Nonconformists, Coohson (1871) 268-273. Statement as to witness having experienced no difficulty in teaching a common Christianity to students of different religious bodies; difficulty in the case of Unitarians, Angus (1871) 1315-1319. Dissent from the view that if the tests be abolished, and if the governing body of any college be composed of persons of different religious denominations, the present college lectureships will no longer be maintained, Roundell (1871) 1465-1475 Advantage anticipated on the score of definitencss in the Christian doctrine, by the presence of opposing Christian bodies, ib. 1581-1589. Expectation that under the Bill religious education would be allowed to fall into the background, through the diveisity of religious opinion among the college fellows, Ince (1871) 1669-1676 Bad effect of the admission of a large body of Dissenters, on account of the divergent religious views that, would prevail, Leighton (1871) 2280-2284 — — Serious difficulty apprehended in carrying out religious education in any institution under the government of persons of different creeds; that is, if religious education is the primary object, Alton (1871) 2425-2431. Belief that the presence of fellows of different denominations in any college would not lead to such conflict of opinion that no religious teaching could be kept up, Jowelt (1871) 3039. 3224-3227. 4. Objections not so much against an Accession of Christian Dissenters as of Infidels and Sceptics, by an Abolition of Tests : Little, if any, evil effect apprehended from the admission of Christian Dissenters as fellows of colleges, as compared with the evil from the accession of persons opposed to religious teaching, Chase (1870) 34,35. 143-149 Object of the opponents of the Bill to keep out the enemies of dogmatic tt aching, rather than to exclude Dissenters; question hereon as to the efficacy of tests for this purpose, ib. 143-149. 352-368 Statement DISSENTERS. 23 Reports, 1870, 1871— continued. Dissenters OR NONCONFORMISTS— continued. 4. Objections not so much against an A ccession ofChristianDissenters, ^.-continued KiTo^o^-eTr 11011 of tcsts not being exc,usive,y a Dissenters ' ^ Sti °»' UtortRnf V f v end i' a a0 \ from Noncu "fo^s, but from sceptics and infidels, Liddon ~n?l ) -? 9 ?i'l J""* 0871 ? 2 § 2 9" 2 934 Witness would view the Bill very diffe- rvl y i;S^ Non-objection to the admission of Nonconformists to the honours and emoluments of the university, provided there he a security for religious education. Lightfoot (1870) 844 Explanation that witness is no alarmist with reference to the accession of Noncon- formists and considers there is more clanger from the admission of anti-Christians, ib 954-900- Approval of such a relaxation of tests as will admit Christian Dissenters to fellowships and tutorships it being at the same time important that the test shall exclude Socinians, Woolkombe (1871) 2042-2049. 2089 Objection to the Bill rather as sweeping awny ihe safeguards against irrel.gion rather than as facilitating the admission of Dissenters, Leighton (1871) 2294-2298. 5. Increasing Number of Dissenters at the Universities ; Impression as to Nonconformist undergraduates being an increasing body at Cam- bridge, Lightfoot (1870) 950, 951. 967 Preference of Dissenters for Cambridge as compared with Oxford, Appleton (1871) 1592, 1593 Increasing number of Noncon- formists at Oxford, Jowett (1871) 3154, 3155. 0. Representations generally in favour of the free Admission of Dissenters : Advantage anticipated to Dissenting students by the removal of university te-ts, not- withstanding the influence of the study of philosophy to which they might be subject at the universities, Angus (1871) 1340-1350. Desire of witness that the Bill before the Committee should pass, though he has not taken any active pait in its support, Alton (1871) 2472. 2509,2510 — -Approval of a preliminary education of Nonconformist students at Oxford and Cambridge, in the event of the passing of the Bill, ib. 2486-2495. Explanation that it is not proposed to interfere with specific endowments for the strict purpose of the education of the clergy of the Church of England, but only to open to Nonconformists all fellowships and tutorships now open to laymen, Reed (1871) 2543- 2546. 2550-2552. 2727-2731 Expected large increase of Nonconformists at the universities if tests be abolished ; separate theological teaching apart from the univer- sities, Stoughton (187O 3373~3378. 7. Particulars in connection with Nonconformist Colleges : Belief as to all Dissenting colleges having tests, Perowne (1870) 537. 550-553 Dis- tinction doubtless between Dissenting colleges for the ministry and colleges intended for general education, ib. 746, 747. Statement as to there being about ten or twelve Nonconformist colleges, the students being carefully examined on admission, and tests not being required, Allon (1871) 2407- 2409. 2415 Explanation relative to the teaching body of the Nonconformist colleges, and ihe means taken to get rid of tutors who have rel.ipsed from orthodoxy, ib. 2416- 2424. 2473, 2474 Opinion that the Nonconformists could i.ot dispense with their distinctive theological ins'itutions, even though tests be removed at Oxford and Cam- bridge, ib. 2432. Endowments of Nonconformist colleges adverted to as being strictly for the purpose of training men for the ministry, Reed (1871) 2547-2549. 2553-2557. 2636 Dis- couragement of endowments among Nonconformists; decision in the case of Lady Hewley's bequests adverted to hereon, ib. 2684-2692. 2732-2734. Test applied to the students in Nonconformist colleges; check also in the appointment and dismissal of teachers, Raleigh (1871) 3261-3266 Explanation relative to the constitution t;f Nonconformist colleges, and the steps taken in order to guard against theological erroi, Stoughton (1871) 3321-333 2 Existence of a trust deed in the case of each college, containing specifications of the truths to be taught; no subscription is required either from a professor or a student, ib. 3322, 3323. Requirement that each student must be a member of a Congregational church, and must come with the recommendation of his pastor, Stoughton (1871) 3322 Power of the trustee s of Nonconformist colleges to prevent objectionable teaching by the tutors, ib. 333 -3332. See also Abolition of Tests. Baptist College, Regents' Park. Baptists. Chapel Services. Cheshunt College. Coward's Trust. Davidson, Dr. Deno- minational and Undenominational Colleges. Morality. New College (Congre- qationalistsX Religious Teaching. Small Colleges. Tutors. Unitarians. 237— E c 4 Divinity 24 D I V E L E Reports, 1870, 1871 — continued. Divimty Professors: Explanation on the subject of the Oxford University examination in Divinity, with reference to the possible effect of the abolition of tests, Chase (1870) 13-18 Impres- sion that the four principal Divinity professorships at Oxford would not be affected by the Bill, ib. 151, 152 Sufficiency generally of the safeguard in the Bill relative to the election to the office of Divinity Professor, ib. 302, 303 Necessity of a new mode of appointment of theological professors if tests be abolished, Perowne (1870) 497-504 Contemplated continuance, under the Bill, of the requiiement as to Divinity instruction for a degree, Lightfoot (1870) 1144, 1145 Expediency of retaining the present test for the Divinity professorships, Liddon (1871) 661. Suggestion whether there might not be at Oxford, as at Bonn, separate faculties of Cristiaiiity or theology ; non-objection in such case to a test for each professor, Appleton (1871) 628-631 Expediency of the tests being retained for Divinity degrees and professoi ships, Mansel (1871) 836, 837. 868 Grounds for objecting to a proposal that there should be at Oxford a separate faculty of Divinity for each branch of Christianity, ib. 838-840 Statement as to the Divinity professors at Cambridge being all in Holy Oraers, Thompson (1871) 1090-1092 — • — Approval of an exceptional retention of tests in the case of Divinity professors, Hartog (1871) 1258-1262. Approval of a provision that Divinity professors must be persons who have taken same orders in the Church, Roundell (1871) i486, 1487 Contemplated provision by the colleges, not only of the chapel services, but of lecturers in Divinity, i6. 1488 -Reference to the Divinity of professorships as being expressly excepted from the Bill, ib. 1549, 1 550 Power of the colleges to appoint Divinity lecturers, ib. Objection to the Divinity professors being exempt from a declaration of conformity with the Church of England, Lice (1871) 1756. 1798 Suggestion as regards professorships, that Divinity professorships be expressly exempted in the interpretation clause, Campion (1871) 1847-1852 Diminution of late years in the number of Divinity lectures in the colleges; further diminution under the proposed Bill, Woollcombe (1871) 1999-2003. 2023-2026 Expediency of a declaration of conformity in the case of professors of Divinity, Waraher (1871) 2115, 2116 Advantage of the professors of Divinity, as at Cambridge, being in Holy Orders, ib. 2116. 2151. Disapproval of a test in the case of the professors of Divinity, although witness does not object to these being appointed for the purpose of teaching Church of England doctrines, Reed(\Xji) 2605-2616. 2622-2624 Opinion that a test is not required as regards teachers of Divinity, Bateson (1871) 2862, 2863 Contemplated continuance of the present test for Divinity professors, Atkinson (1871) 2992. Opinion adverse to tests in the case of Divinity professors as well as other professors, Jmcett (i8-j\) 3026-3029 Examination in further support of the conclusion that there should be no test for Divinity professors, it being preferable to leave the appointing body entirely unrestricted, i£. 3049-3065. 3 128, 31 29 Contemplated retention of their endow- ments by Divinity professors, ib. 3060-3095. 3209 Necessity of some provision if deno- minational teaching by Divinity protessors is to be preserved, tests being abolished; that is as a check upon lay professors, ib. 3128-3132. Resolution of the Committee involving the continuance of tests as regards Divinity professors, Second Bep. (1871) iii. See also Hulsean Professorship. Norrisian Professorship. Regius Professor of Divinity. J Downing College {Cambridge). Unfairness of removing tests at Downing and other modern colleges, unless they be removed also at Baptist and other Nonconformist colleges Perowne (1870) 573-578 Greater reason for Downing College being thrown open to Unitarians than for Cheshunt College being so opened, Allon (1871) 2464-2471. See also Post-Reformation Colleges. Durham University. Exemption of Durham University from the operation of the Bill if there be a clause saving post-Reformation endowments to the Church of England Waraher \1871) 2169, 2170. ° ' E. Education Act. Approval of a settlement of the question of tests on the same principle as the popular education question has been settled in reference to religion, Chase (1870} 396-398. & ' v ' ' Election of Fellows. See Fellowships. Election of Tutors. See Tutors. Endowments ENDOWMENTS. 25 Reports, 1870, 1871 — continued. Endowments: 1. Conclusions adverse to Parliamentary Interference, especially as regards Post- Reformation Endowments. 2. Views of Nonconformist Representatives. 3. Defence of Parliamentary Interference as regards Endowments generally. 4. Better Security of College Endowments or Property by a Removal of Tests. 5. Suggested Re-distribution of Endowments out of Oxford. , 6. Exceptions taken generally to Religious Endowments. 1. Conclusions adverse to Parliamentary Interference, especially as regards Post- • Reformation Endowments; View of some fellows at Cambridge, that post-Reformation foundations should have a distinct treatment; witness is disposed to concur in this view, Lightfoot (1870) 952, 953 Opinion favourable to a distinction between endowments dating from before the Reformation and those of a more modern date, Scott (1871) 119-125. Numerous and large endowments attached since the Reformation to particular colleges at Oxford, there being a special claim in these cas-es that a declaration be made of con- formity to the Church of England, Liddon (1871) 665-669 Approval of a diftinction with reference to the dates of the college endowments, it being preferable that some colleges should be denominational rather than they should all be thrown open, Liddon (187O 772-776 ; Atkinson (1871) 2993-2997. Difficulty of a general enactment distinguishing between pre-Reformation and post- Reformation endowments with reference to tests; each college should decide for itself, Campion (1871) 1897-1910 Injustice of the Bill with reference especially to the post-Reformation endowments, as in the case of Balliol College ; claims also of the Church of England to the pre-Reformation endowments, Woollcombe (1871) 2084-2086. Argument that the pre-Reformation and post-Reformation endowments were equally made^in favour of the Church of England, H'araher (1871) 2164,2165- — Mention of three colleges at Cambridge as entirely post-Reformation, whilst every college is partly so, ib. 2164. 2168 Questionable advantage of a distinct recognition of the right of the Church to the post-Reformation endowments, ib. 2166-2168. 2. Views of Nonconformist Representatives : Conclusion as to the absence of any hardship in applying to the doctrinal teaching of students bequests specially made for the purpose, Angus (1871 ) 1323-1327 Admission .1 . .1 ... *_ 1... „„ ',„'.., -i'.r.n in mioininir tlio r>lf>ripnl fcl Inwshin Innndfid for the of carry 1 nw out the denominational oDjeci, iu. i^oy* M uu «f ,ulu " """ ""-"- ■" "" o-ood reason for distinguishing between colleges founded before the Reformation and colleges since that date, so far as common or national educaiion is concerned, ib. 1376- 1385- Examination to the effect that Church of England colleges founded by private endow- ments since the Reformation, cannot justly be dealt with as national property, irrespec- tively of the Church, Allon (1871) 2496-2503. 2511-2516. Evidence in support of the conclusion that Parliament should deal with religious endowments, as at Oxford and Cambridge, in the interests of the nation, but that endow- ments of recent date for denominational purposes should be held sacred, Reed (1871) «U-° 546. 2674-2726. 2732-2785 Distinction between the colleges and Dissenters r hand's as regards .he question of the latter not being institutions in the same sense as ?ne former ft 2535-2545 Expediency of the right of State interference with endow- SnSTAo^or Aer purpcU IhLgh {1871) 3*47-3*50. 3*86-3293- Advantages of colleges at Oxford and Cambridge, in a national sense, as compared • K X advantages of the voluntary system of Nonconformist colleges ; question 1 «n «« tn the rilht of Parliamentary interference with the endowments in the former hereon as to the igntoi i> hi * [{ for Parliamentary interference case, Stoitf Aton < l8 7»)333o [i f ^; ^93 3397 h theological halls or colleges suppuiieu » y category as pre-Reformation endowments, and 3400. 3 Defence of Parliamentary Interference as regards Endowments generally : , ' ,. . . nnv distinction bv the Bill between pre-Reformation and post- Decided objection to any d i.tmct ion oj m mgi {, ai Grounds for dis- B^^>^^^i^.^^^^^l^a college* and post-Reformation approv.ng of any dntinchon >Ow een P Pa ,tial distinction which may be colleges, Neate W^Vj^"^^* ihose founded in recent years, iu which 26 END F E L Reports, 1870, 1871 — continued. End o wments — continued. 3. Defence of Parliamentary Interference as regards Endowments, 8f c. — continued. Conclusion adverse to the proposition that a distinct treatment should be observed towards post-Reformation endowments, and that they should be exempted from Parlia- mentary interference, Bateson (1871) 2874-2896 Circumstance of the tests being the creation of Parliament, and not of endowments, ib. 2884, 2885. Suggestion that a lapse of fifty years after the foundation of a religious endowment, might be taken as the time after which there might be Parliamentary interference with the destination of the fund, Jowett (1871) 3084-3087. 3104-3109. 3210, 3211 Grounds for objecting to any distinction in the case of post-Reformation colleges, it being moieover, inexpedient and impracticable to make some of the colleges denominational and some undenominational, ib. 3228-3233 Opinion that the State has the most entire right to use post- Reformation endowments for the purposes of higher educalion, ib. 3228. 4. Better Security of College Endowments or Property by a Memoval of Tests : Conclusion as to a removal of tests leading 1 to a greater security of the university institutions and of college property, Thompson (1871) 967-974. 1046- 1 050. 5. Suggested lie-distribution of Endowments out of Oxford : Different ways in which a large portion of the endowments of the colleges might be applied out of Oxford, Neate (1871) 1 144, 1145. 6. Exceptions taken generally to Religious Endowments : Grounds for the opinion that it would be much better if endowments were not given for the purpose of teaching religion in the universities, Jowett (1871) 3080-3090 Opinion adverse to religious endowments, though there are some amongst the Noncon- formists, Raleigh (1871) 3308, 3309. See also Denominational and Undenominational Colleges. Downing College. Dur- ham University. Exeter College. Fellowships. Keble College. Morley, Samuel, M.P. National Institutions. Religious Teaching. Evasion. Dissent from the statement that persons constantly take the test without con- sidering it binding in any way, Leighton (1871)2319- Tendency to take the test casuisticallv in one sense, Jowett (1871) 3166 Failure of tests to accomplish their object, men having various ways of getting out of them, Stoughton (1871) 3407-3409. See also Abolition or Relaxation of Tests. Examinations. Arrangement of the examinations at Cambridge by the senate, through the board of classical studies, Perowne (1870) 434, 435 Improbability of the free admission of Nonconformists interfering with the working of the university examinations, Lightfoot (1870) 909-912 Considerable influence of individual examiners upon the reading of the students for honours at Oxford, Liddon (1871) 701, 702. Exeter College {Oxford). Practice as to Divinity lectures at Exeter and other colleges; necessity, for the purpose, of a certain number of the fellows belonging to the Church of England, Ince (1871) 1610-1619 Control of the sub-rector of Exeter over the discipline in the college chapel; mode of his appointment,^. 1620, 1621 Small proportion of the fellows of Exeter not engaged as tutors ; much less influence of these than of those engaged in teaching, ib. 1622-1624 Opportunities of the head of Exeter College for influencing the undergraduates, ib. 1625-1633 Partially compulsory attendance at the college chapel, ib. 1629, 1630. Necessity of the consent of the visitor, as well as of two-thirds of the college, before the college statutes can be altered, Ince (1871) 1637-1640 Information relative to the conditions attached to the exhibitions at Exeter College ; effect of the present Bill in dispensing with the profession now required to be made by candidates, ib. 1641- 1661 Total of twenty-two scholarships at Exeter, tenable for five years, and held, necessarily, by members of the Church of England, ib. 1663-1668 Occasional reference to the visitor of the college upon points affecting the practical working of the college, ib. 1714-1 71 6— — Explanation relative to some of the endowments of the college ; difficulty of a distinction between pre-Reformation and post-Reformation endowments, ib. 1763-1771. Exhibitions. Large number of exhibitions in the University of Oxford, ib. 1662. F. Fellowships : 1. Clerical Fellowships. 2. Non-resident Fellowships ; Objections to which open. 3. Suggestions relative to the Tenure, fyc. of Non-resident and Sinecure Fellow- ships. 4. Effect Fellowships— continued 4, 5, FELLOWSHIPS. — — — — ^— — __^_____ 2 7 Reports, 1870, 1871— continued. ~~ ^Zt{f h LT^V he ^ ti0 V fFelhws ' S Westionson this Subject, latent of Exclusion from Fellowships by reason of 'Tests. 7 8 : mSS^^iSsSr at 0xford and Cambnd * e "*-**■ 1. Clerical Fellowships : Order^i^Tw^ T^ P?P orti " n of the fellowships of each college being in Holy on Jth r'dand I on ^3 as P tl? al ' ly "f ° e ' fV*. (l , 87 °> 177, ^S—EsLate of between one tni.aand one-half as the proportion of clerical fellowships at Oxford, ib. 307, 308 thelr'S/Iiffe 1 ^ rL Cl f HCal / d,0wshi P s > th * 'Cerent colle.es at Cambridge, P^«KL« n T™ at any time by an alteration of the college statutes reroune (1870) 594-600— -Importance attached to the clause in the Bill on the subject of the existence of cler.ca fellowships, ib. 748-752 Doubt as to the Bui neceTsaruy leading to an abolition of clerical fellowships, Lightfoot (1870^) 1090-1094. nM -* mi 1 Expected continuance in any case of cle.ical fellowships on account of the demand for clerical heads ot schools, 4c, Rolleston (1870) 1229, 1230. 1327-1329. Expected discontinuance of the clerical fellowships as a result of the abolition of tests, acott (j 071) 152 ,353— -Opinion as to the evil of any decided limitation in the number of clerical fellowships, ib. 169-171. Witness is strongly opposed to the clerical restrictions upon fellowships, as frequently necessitatmg the choice of men of inferior intellectual qualifications, and, therefore, of an lnfe.ior class generally, Roundell (1871) 1412-1428. 1492-1494 Considerable change required as regards clerical fellowships, ib. 1522. Consideration of the system of clerical fellowships; disadvantage of a positive require- ment thata certain proportion of the fellowships must be in Holy Orders, Campion (1871) 1874-1884- Strong objection to the Bill on the score of clerical fellowships; import- ance ot maintaining a certain proportion of these as the only security for Church of England tutorships, Woollcombe (1871) 2002, 2003. 2040-2042 Instance of competi- tion for a clerical fellowship when a person of very high attainments was elected, ib. 2004- — Smaller competition for clerical fellowships, so that the term "close" fellow- ships is being applied to them, ib. 2005, 2006. Approval of the present system as regards clerical fellowships though agitation will probably take place on this question, Bateson (1871) 2860, 2861. 2869-2873 Con- currence in the view as to the importance of a certain proportion of clerical fellowships, Atkinson (1871) 2947, 2948. 2986, 2987 Expected agitation relative to clerical fellowships after the passing of the Bill, ib. 2998, 2999. Very grave objections to which the system of clerical fellowships is open, whilst the system does not promote any good religious influence, Jowett (1871) 3030, 3031. 3072- 3082. 3174-3177- 3186-3191 Necessity, under the system, of electing comparatively inferior men, ib. 3030. 3079. 3176. 3186-3191. 2. Non-resident Felloioships ; Objections to which open. Statement of the practice at Oriel and at other colleges as to the attendance of non- resident fellows on special occasions, these fellows taking no part in the work of the university, Chase (1870) 96-111 Conclusion as to the expediency of reform, irre- spectively of the Bill, upon the question of non-resident fellows; objection to these fellowships being held for life, ib. 101-1 18 Donbt as to the advantage of the present non-resident fellows being made to reside, ib. 195-197 Further reference to the system of non-resident fellows, as much requiring amendment, ib. 226-230 Prospect of an increase in the college revenue divisible among the non-resident fellows, ib. 274- 279 Statement as to the Bill not affecting in any way the question of non-resident fellows, ib. 299,300. 314,315 Respect in which the question of non-residence is indirectly affected by the existence of tests, ib. 415-417. Varying proportion of resident and non-resident fellows in different colleges at Cam- bridge, Perowne (1870) 488 Estimate of somewhat less than half the fellows of the Cambridge colleges as non-resident, Lightfoot (1870) 1161, 1162 Opinion that non- resident fellowships, though useful in some respects, withdraw too much of the college endowments from directly educational purposes, 16.1163-1166. 1175 Conclusions favourable to certain limitations upou the influence of prize fellowships, Rolleston (1870) 1224-1230. 1310-1312. Exception taken to the system of non-resident fellows, Stokes (1871) 428-430- — Disadvantage in non-resident fellows interfering as regards discipline and education, Mansel (1871) 860-863 Large proportion of non-resident and sinecure fellowships in some of the colleges at Oxford; tendency to diminution of these in some of the larger colleges, Ince{ 1871) 1678, 1679, 1782-1785. 237 I. d 2 3. buggestiuns a 8 FELLOWSHIPS. Reports, 1870, 1871 — continued. FELL o W SHIPS — continued. 3. Suggestions relative to the Tenure, fyc. of Non-resident and Sinecure Fellowships: Grounds for objecting to a limitation of lay fellowships, Browne (1870) 723, 724 The tenure might be limited to seven years in those cases in which a fellow did not take a share in the tuition of his college, Rolleston (1870) 1224. Objection to terminable fellowships, save in case of non-residence, Scott (1871) 166- 168 Doubt as to the expediency of a provision in the Bill that all fellowships should be terminable, Coolison (1871) 324, 325 Objection to resident fellowships being terminable, Stokes (1871) 4,51 Opinion that non-resident fellowships should be ter- minable, irrespective of celibacy, ib. Several alterations desirable as regards the tenure of fellowships, ib. 467-470. Disiinction desirable, as regards fellowships, which should be divided into tutor fellowships, student fellowships, and prize fellowships, Liddon (1871) 820-828 Pro- posal that student fellowships be held for only ten years, but that these fellows be allowed to earn a life fellowship by producing a work, or by engaging in some course of study, ib. 826, 827 Suggestion that prize felloes be allowed to marry, and that the fellowships be terminable alter a period of five years, ib. The tutor fellows engaged on the spot should, after a certain number of years, earn a life fellowship, ib. 826. Suggestion that sinecure fellowships be terminable after ten years, the prohibition upon marriage being withdrawn, Man&el (1871) 857-859 Inconvenience and objection to which the system of non-resident fellows is open ; restriction desirable as to the tenure of lay fellowships, Thompson (1871) 1058-1063. 1112, 1113 Importance of limiting the sinecure fellowships, and of introducing as a rule the terminable principle, Roundell (1871) 1523 Opinion that all fellowships regarded us mere prizes of success should be limited in tenure, Campion (1871) 1876 Usefulness of non-resident fellowships to the holders of them; suggestion that the tenure be limited to six or seven years, Jowelt (1871)3202. 4. Effect of the Bill as to the Election of Fellows ; Suggestions on this Subject : Conclusion as to the effect of the Bill in neutralising the obligation to elect fellows with reference to " religion" as well as "education and learning," Chase (1870) 264- 266 Explanation as to the government of many of the larger colleges having been confined to a small body of fellows previously to the legislation of 1854, ib. 419, 420 Probability of religious bias and partly feeling entering into the election of fellows if the system of tests were entirely done away with, Perowne (1870) 522-530 Exceptional instances of the fellows or tutors of colleges at Cambridge not being selected from the members of the colleges, ib. 640-644. Difficulties in the way of any new test for fellowships, the present tests being abolished, Lightfoot (1870) 846. 987-999. 1045-1053 Provision in the statutes of Trinity College as to the election of fellows having reference to " religion, learning, and educa- tion"; difficulty as to exacting the first-named qualification. ^."913-916. 1098-1100 Disapproval of tests for governing fellows; the only security required being to empower the colleges to elect with reference to religious considerations, Rolleston (1870) 1310-1322. Regard had chiefly to intellectual qualities in the election of fellows at Oxford, Scott (1871) 83-87 Probability of the abolition of tests causing fellowships to be still more sought for in particular colleges, ib. 127-132 Inexpediency of mere . intellectual distinction entitling any m;in to share in the government of a college, Stokes (1871) 462-466. Approval of a direction to the electing body to be governed by religious considerations in their election of fellows ; the term " Christian religion " might be used in the direction Thompson (1871) 978, 979. 990-992 Improbability of the Bill preventing religious fitness being considered by the electing body in the case of fellowships, ib. 1 101-11 11- Very little safeguard by the provision, that in the election of fellows reference be had to the university as " a place of religion," &c, ib. 1124-1129. Opinion that an abolition of tests would be a benefit to the university as enabling it to have a better choice of men to fill the high offices, Hartog (i87i)"i24i Witness contends that the restrictions upon fellowships are distinctly injurious to the interests of the Church, Roundell (1871) 1419-1421 Injurious effect of the controversial element being introduced into the election for fellowships in any college, ib. 1456-1458 Belief that in the election of fellows the controversial element in colleges is not likely to be increased by the abolition of tests, ib. 1514-1517. Probability of religious bias in the election of fellows, as a result of the Bill, Leiqhton (.1871) 2261-2264. 2330-2335 Opinion that the election of fellows should have reference, exclusively, to literary merit, irrespectively of religious views, Jowett ( 1871 ^ 3113-3120.3124-3127. ' v ' ' 5. Extent of Exclusion from Fellowships by reason of Tests ; Exceedingly rare instances at Cambridge of Dissenters or others being excluded from fellowships by the tests; very little ground for complaints of hardship on this score, Perowne FELLOWSHIPS. 2g Reports, 1870, 1871— continued. Fellowships— continued. 5. Extent of Exclusion from Fellowships by reason of Tests— continued. ib. 924. 1000-1003. Very few instances at Oxford of men being debarred from the enjoyment of emolu- ments through conscientious objection to take the tests, Liddon (1871)813 Absence ot inclination at Oxford to exclude men who have taken good decrees from honours and end o w men ts, Ma nsel ( 1 8 7 1 ) 88 7 . , E „ vi , 1 , of , t l ,e P res ent system as causing the frequent exclusion of admirable candidates lor fellowships and professorships at Cambridge, Thompson (1871)974, 975. 1050-1057 - — Several instances cued in which persons have been excluded from fellowships at Cambridge through objecting to the tests, Hartog (1871) 1226-1231. 1281-1284 Tendency of the test to retard and injure the professional career of men who have been precluded thereby from obtaining fellowships, ib. 1290, 1291. Small number of men at Oxford really affected by the applicalion or the abolition of tests, Appleton (1871) 1572 Hardship in the exclusion of witness's son from a fellow- ship, Reed (1871) 2741. Operation of the tests at Cambridge in preventing persons from holding; fellowships; instances of this, Bateson (1871) 2798-2800. 2837, 2838 Feeling excited in the university by the exclusion of Mr. Hartog, Mr. Alclis, and others from fellowships, ib. 2837, 2838. 2897, 2898 Very general sense in which the tests are taken, whereas they have^ the effect of excluding one-half the nation from the universities, Jowett (1871) 3018. List of some of the persons who have taken honours at Cambridge, who have beer* excluded from fellowships by the tests, App. (1871) 337. 6. Suggestions for dividing Fellowships into two Classes, and for exempting one Class from Tests : Proposition that a proportion of the .endowments of the university might be applied to the creation of a fund for university fellowships, for which merely an examination, without any test, should be required, Chase (1870) 91-94. 317-319 Proposal that the fellows elected without a test should have no part in the college government, ib. 93-96 Explanation that it is part of witness's proposal that university fellows, not taking tests, should be eligible to college fellowships, if they would subscribe to the test, ib. 127. 137 Probable discontent of fellows, who through not taking tests would be ineligible for college tutorships, ib. 128-130. Dissent from the view that the proposed university fellowships would luive an anti- theological character, in contrast with the college fellowships, Chase (1870) 135-139. 204-208 Belief that under witness's scheme tests would be taken with more sincerity and responsibility, ib. 198-200 — — Contemplated appropriation of about one-half the college endowments for the creation of university fellowships, ib. 201-203 Expecta- tion that Free Thinkers and oihers who have scruples in subscribing to the present tests would prefer to go in for university fellowships not involving any test, ib. 286-291— — Doubt as to any widespread dissatisfaction existing through the proposed university fellows not being eligible for tutorships, ib. 309-312. 340, 341. Exception taken to the proposal for exempting some fellowships from tests, witness regarding all fellowships as offices of trust and responsibility, Ferowne (1870) 1483-486 —-—Expected complaint by Dissenters if persons admitted to the membership of the senate could not get the higher university offices without a test, ib. 505, 506 Injurious effect likely to arise from the plan of university fellowships proposed by Mr. Chase ib, 536 Approval, if it be practicable, of the plan for establishing certain., prizes without tests, provided no duties be attached to such prizes, 548, 549 Doubt whether even in the large colleges, such as King's, it would be well to throw open a portion of the fellowships, such fellows not to engage in the work of teaching at thc- Un Concurrence in 3 the° view that in Trinity and other colleges the reasonable demands of Nonconformists would be met by admitting them to fellowships, short of those involving, trusts, Lightfoot (1870) 1055-1062. S!& i^^^K * there were two classe ,! of " ,e,lows ' r d if ?r*A in v% Son &c wee entirely under that class of fellows who are members of the Church of TWIand » a!l-sfi( Contemplated relaxt.on of tests m the case of lellowsh.ps to wlifchlotments fithout duties 'are attached Stokes (»8 7 i) 343- 346. W^- 237-I. D 3 3 o F E L FIN Reports, 1870, 1871 — continued. Fellowships — continued. 6. Suggestions for dividing Fellowships into two Classes, Sfc. — continued. Proposed division of fellowships into two classes, tests being dispensed with in the case of sinecure or non-resident fellows, Mansel (1871) 856-864. 871 Proposal- that resident fellowships to which duties are attached be held for life under certain conditions, and that there should be a test involving a declaration of conformity to the Liturgy of the Church of England, ib. 865, 866 Expected dissatisfaction if fellowships were not to convey eligibility to the government of a college, or to education in the college, JVeate (1871) 1221. Suggestion that by making a distinct class of fellowships, to be kept separate from tutorships, Dissenters might be open to acquire the college emoluments without inter- fering with the religious teaching, Lice (187 1) 1605. 1677 Further evidence in favour of a distinction between sinecure or non-resident fellowships and teaching fellowships, the test being less important in the former case, ib. 1737-1740. 1803—1813. Proposal that no test be required from a person taking a fellowship as a prize, and that a test be imposed only on appointment to tutorships, Campion (1871) 1853-1861. 1885. 1890. 1928-1932 Reason for abandoning, in the case of prize fellowships, any test requiring the profession of religious belief, ib. 1885, 1886. 1890-1892. 1895. Proposed distinction between resident and non-resident fellows, with a view to exempt- ing the latter from tests, Leighton (1871) 2274. 2334. 2336-2338. 2351 Suggested limitation of the number of fellowships to be thrown open in any college to one-third of the whole number, Atkinson (1871) 2942-2948. 2972. 2988, 2989. 7. Statistics relative to Fellowships at Oxford and Cambridge respectively : Return showing the number of fellows of each college at Oxford, the number habitually absent, the number holding college offices, and the number required to take orders or proceed to Divinity degrees, App. (1870) 124-129 Return containing similar parti- culars relative to the colleges at Cambridge, ib. 130-133. Analysis of preceding Returns as regards fellowships and college officers at Oxford -and Cambiidge respectively, App. (1871) 361. 8. Resolutions of the Committee : Resolution that no test be required to enable any person to hold a fellowship, Second Rep. (1871) iii. Also, that no fellow, unless he shall have become and continued to be a tutor, lecturer, or dean of his college, shall be one of the governing body of such col- lege until he shall have been an M. A. or B. C. L. of the University for three years, ib. See also Abolition or Relaxation of Tests. Chapel Services, 2. Church of England. Colleges. Congregation ( Oxford). Denominational and Undenominational Colleges. Dissenters or Nonconformists. Heads of Colleges. Litigation. •'Oriel College. Religious Teaching. Roman Catholics. Senior Wranglers. Statutes of Colleges. Trinity College (Cambridge). Tutors. University Reform Act of 1854. Final Classical School {Oxford). Information relative to the extent and character of the study of philosophy by young men who read for honours in the final classical school j particulars as to the works of German and other writers used, Appleton (1871) 490 et se q m Effect of the education for the final classical school in causing a loosening and reconstruction of belief, the tests interfering with the process of reconstruction, ib. 490- 492. 524 The tests really touch only a very small proportion of the young men who go to Oxford, namely, those who study philosophy and history for the final classical school, ib. 490. 570-573. 615. Examination relative to, and in strong disapproval of, the restricted and one-sided study of philosophy in the final classical school at Oxford, the result being, not infrequently, infidelity, Liddon (1871) 695-702. 706. 711-726. 748-762. 816 Evidence favourable to the division of the final classical school into three distinct schools, so that philosophy, history, and philology may each be thoroughly studied in a separate school, ib. 697-700. 714. 478-759- Statement on the subject of the study of philosophy in '.he final classical school, and the extent of evil which has arisen therefrom in recent years as regards religious belief, Mansel (1871) 873-875. 895-900. Further statement ss to the tests intervening at a most inopportune moment, in pre- venting the natural reconstruction of belief, App leton (1871) 1572 Obstacles to any increase of the time for study in reference to the final classical school ; agitation at Oxford for breaking up the school, ib. 1594-1596. Effect of the one-sided study of philosophy in the final school in loosening belief, Ince (1871) 1680-1684 Information relative to the books of philosophy used in the examinations for honours in the classical school, and the changes made in the studies in 1852, and previously, ib. 1695-1701. 1759-1762. 1786-1795. Dangerous FIN HEA 3 , Reports, 1870, 1871 — continued. Final Classical School (Oxford)— continued. Dangerous tendency of the philosophical studies in the final classical school at Oxford, more especially .. n account of the modern books now used ; expediency of the pari passu study of Christian doctrine, Woollcomle (1871) 1989-1995. 2075-208,5. Evidence relative to the final classical school, and the character and effect of the philosophical and metaphysical studies in recent years ; denial that the effect has been tn produce a state of scepticism or infidelity, Jowett (1871) 3041-3046. 3167-3173. 3182-3185. 3192 3201 Further statement that the. operation of the final classical school at Oxford, and the changes in the course of study, have not produced any increase of scepticism or infidelity during the last ten years, ib. 3192-3201. Foreign Universities. Absence of the domestic system of colleges at foreign universities where they have no tests. Chase (1870) 151, 152 Absence of analogy between Eng- lish and foreign universities as regards the religious question, ib. 399-402 — —Exception taken to the system of theological instruction in foreign universities, as not being appli- cable to this country, Perowne (1870) 816-820. G. German Philosophy. Explanation relative to the study of German philosophy at Oxford, there being too little rather than too much German teaching, Jowett (1871) 3042. 3101-3103.3200,3201. See also Final Classical School. Greek Testament. Difficulty as to lectures on the Greek Testament if the Bill become law^ Cookson (1871) 296-298. H. Hartog, Numa Edward. (Analysis of his Evidence— Session 1871.) — Was senior wrangler in 1869; has been prevented by the tests for trying for a fellowship, and several other senior wranglers have been restrained in the same way, 1226-1231 Growing feeling among the undergraduates at Cambridge in favour of the abolition of tests; result of" discussions on the subject in the Cambridge Union, 1232-1239. 1272, 1273. 1277-1280 Want of interest on the part of the undergraduates upon the question of office* being thrown upon, 1237-1239. 1278. Opinion that an abolition of tests would be a benefit to the university as enabling it to have a better choice of men to fill the high offices, 1241 Tendency of tests to produce .dishonesty, whilst. all men who are unconscientious are not affected bv them, . 1241. 1263-1268— — Expectation that the abolition of tests will not affect religious teaching in the university or colleges ; it may be said, however, that there is now no religious teaching which is compulsory, 1242-1249 Willingness evinced by Protestant Dissenters to attend chapel, 1243. 1246. Question as to its being advisable, in lieu of tests, to control the nature of the teaching to be given, 1250, 1251-= Probability of parents objecting to unrestricted teaching by persons of whose religious opinions they disapproved, 1252, 1253 Very little oppor- tunity of college tutors for affecting the religious belief of their pupils, 1254-1257 Approval of an exceptional retention of tests in the case of Divinity professors, 1258— 12 62— — Benefit in so far as there is no test upon matriculation, 1269-1271. Several instances cited in which persons have been excluded from fellowships at Cam- bridge through objecting to the tests, 1281-1284 Non-objection to a test in the case of certain professorships and prizes connected directly with the Church of England, 1285, 1286 Statement to the effect that witness would assuredly have obtained a fellowship at Trinity but for his objection to take the test, 1287-1289. 1292-1295 Tendency of the test to retard and injure the professional career of men who have been precluded thereby from obtaining fellowships, 1290, 1291. Hawkins The Rev. E., D.D. Views of the Provost of Oriel adverted to as coinciding very much with the suggestions made by witness ; reference hereon to a certain pam- phlet recently published by the former, Mansel (1871) 888, 889. Heads of Colleges: 1. Concurrence of Evidence to the Effect that Hea,dships of Colleges should be excepted from the Bill. 2. Dissent from the foregoing View. 3. Suggestions as to the Mode of Appointment of Heads of Colleges. 4. Number of Heads of Colleges now in Holy Orders. 5. Conclusion of the Committee in favour of a Continuance of Tests for Heads of Colleges. 007— -I, D 4 !• Concurrence 32 H E A H E B Reports 1870, 1871 — continued. Heads of Colleges — continued. 1. Concurrence of Evidence to the Effect that Headships of Colleges should he excepted from the Bill : Increased influence of heads of colleges through being in Holy Order?, Chase (1870) !T)-i83- Perowite (1870) 717-719 Inadequate security, it the Bill be passed. aUrinst the election of a Roman Catholic as head of any college, Perowne (1870) 620-626 —-Serious evil apprehended if the heads of colleges be not, necessarily, members of the Church of England, ib, 680-688 Limited effect of the Bill as regards the heads of colleges at Cambridge, it not anplviiig to those in Holy Orders ; there is no sufficient safeguard however for the heads of remaining members of the Church ol bnglund, ib. 700-763. 780. Suggestions that ihe heads of colleges be excepted from the Bill; examination in detail as to the several reasons for this proposal, Lightfoot (1S70) 847-863. 931-935. 1041-1044. 1063-1065 Safeguard by a reservation of headships of colleges, ib. 1169. Advantage in some respects if it were provided that the head of the college should be a member of the Church of England, Scott (1871) 88-103 Important safeguard by providing that those who aie now in Holy Orders by statute, being heads of colleges, should continue to be so, ib. 161, 162 "Want of a better safeguard as to the heads of colleges at Cambridge and a majority of the fellows being in Holy Orders, Cookson (1 871 ) 195-202 Suggested provision lhat nothing in the Act shall apply to the headship of any college, ib. 208 Further reference to the importance of providing that the heads of colleges shall be members of the Church of England, ib. 274-276. 283-287. Decree of security under the Bill as to the heads of colleges being in Holy Orders, Stokes (1871) 478-481 Importance of retaining, if possible, the test for heads of col- leges, even though the other tests were removed, Liddon (1871) 769, 770. 777, 778 Importance of the present lest being retained in the case of heads of colleges, their reli- gious influence being very great, Mansel (1871) 852-855. 872 Importance attached to the requirement that many headships of houses must be held by clergymen, Thompson (1871) 1093-1096. Expediency of retaining a test for the heads of colleges, Campion (1871) 1896 Sug- gestions that the Bill should provide for the clerical headships of colleges wherever it now exists, Woollcombe (1871) 2038, 2039 Proposal that the status quo of the headships of colleges be maintained, Waraker (1871) 2119, 2120. Safeguard by restricting the headships of existing colleges and halls to members of the Church of England, Leighton (1871) 2272, 2273. 2325,2326. 2347 Expediency of the test being retained as regards the heads of colleges, it being very desirable that these should be members of the Church of England, Atkinson (187 2 939- 2 94l- 2978. 2. Dissent from the foregoing View : Objection to a requirement, that the heads of colleges shall be members of the Church of England, Rolleston (1870) 1264. 1265 Objection to retaining the tests in the case of heads of colleges or professors; probability in the former case of the tesis having an undue influence in the appointment of tutors, Appleton (1871) 571-583. 3. Suggestions as to the Mode of Appointment of Heads of Colleges : Advantage of heads of colleges being appointed by the Crown, as in the case of Trinity College, Lightfoot (1870) 1095-1097 Contemplated application of witness's clause to the head of each college as well as to the tutors, Rolleston (1870) 1264. 1319-1321. Selection, generally, of the master of the college by the college meeting; single exception at Oxford to this rule, Scott (1871) 21.96 Objectionable contest for heads of colleges if the fellows were persons of various theological opinions, Cookson (1871) 284-28; Suggestion for vesting the appointment of heads of colleges in a board instead of in the fellows, Neate (1871) 1147. 110 3- 1188. Inexpediency of relegating to the fellows the question whether the head of the college should be a member ot the Church of England, or the question of clerical fellowships, Roundell (1871) 1459-1461 Difficulty likely to arise in the election of heads of colleges if the fellows are of varying creeds, Leighton (1871) 2327-2329. 4. Number of Heads of Colleges now in Holy Orders : Return showing for each college and hall at Oxford, whether the head is compelled to be in Holy Orders, App. (1870) 124-129 Return containing similar particulars relative to the colleges at Cambridge, ib. 130-133. 5. Conclusion of the Committee in favour of a Continuance of Tests for heads of Colleges : o Resolution that heads of colleges be excepted from the operation of the Bill, Second Hep. (1871) iii. Hebrew Professorship. Objection to the Bill with reference, specially, to the election of the Hebrew and Greek Regius Professors at Cambridge, Perowne "(1870) 627-629 Necessity H E B INC 33 Reports, 1870, 1871 — continued. Hebrew Professorship — continued. Necessity of the professorship of Hebrew at Oxford being held by a clergyman ; doubt as to this being so at Cambridge, especially if the present Bill be passed, Mansel (1871), 9»9- Heresy. Nature of the powers of the University of Oxford or of convocation, for dealing with heresy, Chase (1870), 46-51 Possible difficulty in dealing with heterodoxy if the court in such cases had not been liable to tests, Perowne (1870) 649 Indirect authority of the Sex Viri at Cambridge to interfere in cases of heretical teaching, ib. 942-945. Power of the university to remove a tutor or a member of any college for open heresy, Scott (1871) 42-51 Suggestion whether Oxford University might not still retain the power of restraining its professors from openly teaching anything contrary to the Christian religion, or to the doctrines of the Church of England, Neate (1871) 1141, 1142. Explanation of the powers of the Vice Chancellor of Oxford and of convocation respectively, in regard to the suspension or degradation of professors and others tor heterodox'teaching, Leighton (1871) 2209 et ^.-—Removal by the Bill of the pre- sent powers over the professors in case of heresy, ib. 2243-2248. 2320 Power of the Vice Chancellor to require anyone who is suspected ot heresy to renew his test, ib. 2245-2248. Witness is not aware of any powers in the Vice Chancellor of Cambridge to restrain heterodox teaching on the part of the ordinary professors though he has such power as Sacls the Divinity professors, and the professors of Greek and Hebrew, Atkinson 1871)2015-2020— Belief that there is no power of punishment of the members of ( tie 7 unive?si?y generally, the visitors, however, having large and undefined powers, ib. 2921-2923. Hewlev Charity. Case of Lady Hewley's Charity adverted to as showing how denomma- tionalism may be preserved without tests, Neate (1871) 1192-1196. Hnh, Orders Suggestions on the subject of Divinity professors, and portion of the fellows H 2dttof col!! es, being in Holy Orders ; expediency of this quesUo^not being , eft 1 r^Z^^^^^^^py St* in thf case of Sows ana persons holding office..*. 2120-2126 2182-2186. See also Clerical Fellowships. Divinity Professors. Heads of Colleges. X7 . T irt of some of the persons who have taken honours at Cambridge within the ^ksTfew y L ears°vvhoTave beenLcluded from fellowships by objecting to the tests, A PP . Hulsean Professorship. ^S^J^^^t^ &™££££ ?. H iriElt^^^S^. P^ne (1870) 7 o 7 , 7 o8 ; Cookson (1871) 308-316. 323 ; Stokes (187D 370-374- 416-423. See also Divinity Professors. I. Ince , The Re». Williarn C^f^^^ college emoluments .without me. ^^£^*£\ n their colleges, by reason of their siderable power of tutors ; ove the ■ ™f J°™ ^ * Pracli ce as to Divinity lectures at Efand* STXS ntS ', Se P 4ose, of a certain number of the fellows Sowing to the Church of Englan , >^ mode of Control of the sub-rector of *^°^^Z fellows of Exeter "not engaged his appointment, 1620, 1621 Small piopoii teaching, 1622-1624- Opportunities of the head of Exeler .^" e |! lhe col w e chapel, 1629, 1630— -Valuable X Partially compulsory attendant at^ec^ F ^ ^ the col]ege influence of the chapel ^rv.ees 163, ,m ,633-1640. authoritieB might discontinue the service in \ exhibUion3 at Exeter College ; Information relative to the cond.txons at ached t e X ^ ^ effect of "lie present Bill in dispensmg with the p £™ the JUity, l6 6«— Total fndidates, Vf'r^X^btaKe years, and held, neeessar, y by of twenty-two scholarships at Exeter, tenao Expectation that under the Bill, tmbeJof the Church of Enghnd, ■ J^ f^ h ^ vomd> through the divers.ty SSS2 o^S -ng^Xe rel^ ^67, 237 - L 34 INC INF Reports, 1870, 1871 — continued. Ince, The Rev. William. (Analysis of his Evidence— Session 1871)— continued. Large proportion of non-resident and sinecure fellowships in some of the colleges ; tendency to diminution of these in some of the largest colleges, 1678, 1679. 1782-1735 Effect of the one-sided study of philosophy in the final school at Oxford, in loosening belief, 1680-1684 Expectation that college tutors and professors holding sceptical opinions would be more ready to propound them, if no longer under the restiaint of a test, 1685, 1686. 1702-1706 Larae influence of the private tutors, these not being bound by'any test, and the Bill making no alteration as regards them, 1685. 1687-1690. 1720-1728 Power of heads of colleges as to the appointment of tutors, the amount of pay being decided by the colleges, 1691-1694. Information relative to the books of philosophy used for the examinations for honours in the classical schools, and the changes made in the studies in 1852, and previously, 1695-1701. 1759-1762. 1786-1795 Increased value of tests, by reason of the greater tendency to the teaching of sceptical opinions, 1702-1705 Admission as to the tendency of tesis to cause irritation in those who do not attach any importance to them, and to induce antagonism to religion and to the Church, 1 706-1 70,0. 1746-1 749. 1757, 1 758. Opinion that the continuance of the Church of England service in the college chapels should be imperative, and should not be left to the discretion of the existing body of fellows, for the time being, 1710-1713. 1750-1754- !79 6 - l8 ' 6 Occasional reference to the visitor of Exeter College upon points affecting the practical working of the college, 1714-1716 Grounds for objecting to any interference with the right of the colleges to impose conditions or tests in the appointment of tutors, 17x7-1719. 1741-1743. Concurrence in the principle of the Bill, as regards the universities, but not as regards the colleges, 1729. 1731. 1796-1802.1812, 1813 Approval of a relaxation of the present tests at Oxford, as by the adoption of the test at Cambridge, in lieu of subscrip- tion to the Thirty-nine Articles, 1730-1736. 1796-1802. 1809-1811. 1814, 1815 Further evidence in f.ivour of a distinction between sinecure or non-resident fellowships, and teaching fellowships, the test behig less important in the former case, 1737-1740. 1803-1813 Proposal as regards professors, that the test be in the form of a declara- tion, that they would teach nothing contrary to the Christian faith, 1755-1797. 1799. 1817-1827 Objection to the Divinity professors being exempt from a declaration of conformity with the Church of England, 1756. 1798. Explanation relative to some of the endowments in Exeter College ; difficulty of a distinction between pre-Reformation and post-Reformation endowments, 1763-1771 Expediency of the question of tests and of other changes at Oxford being dealt with by means of one and the same Bill, 1772-1775 Importance, in a national sense, of the study of theology being carried on at the universities, and being subject to salutary restrictions, 1776-1781. Infidelity and Scepticism. Conclusion that indifference is the chief thing to be feared in the absence of tests ; less restiaint also upon the expression of anti-Christian opinions, Chase (1870) 143-149. 352-368 Effect of the tests in impeding undogmatical teach- ing, ib. 316 Apprehension that not only some colleges might fall into the bands of particular sects, but that a party of infidelity might start up, Perowne (1870) 768-772 Doubt as to any form of test being possible which should be an effectual check upon scep- tical opinions, whilst not checking the various forms of dissent, Lightfoot (1870) 990-990. Witness considers that an unconditional abolition of tests would make very little differ- ence at Oxford, as regards the systematic undermining of belief, Appleton (1871) 488- 490 Wording of the test adverted to as tending to show that disbelievers mi"ht subscribe to it, ib. 532. 554-557. Probability of some professors and lecturers, if no longer restricted by tests, not hesitating to teach anti-Christian doctrines, Liddon (1871) 793-796 Conclusion that the real question at issue is between Christianity and non-Christianity, and not between Church and Dissent, Liddon (1871) 802 ; Atkinson (1871) 2929-2934. Responsibility of individuals, rather than of the university rules or system, for the loosening of religious belief at Oxford in recent years, Mansel{ 1871) 840, 841. 873-875. 895-900 Relative efficiency of the test in the case of Dissenters, and of persons holding no distinct form of belief, Thompson (187I) 946-957. 1019-1028. Consideration of the causes to which may be attributed the unsettlement of belief which exists at Oxford ; opinion that the abolition of tests would give no impetus in this direction, 2Veafe(i87i) 1156-1170. 1189-1191 Belief that the great majority of the better men at Oxford are reverential and well-disposed towards religion, and that the tendency of the place is not to bring about a state of unbelief, Roundell (1871) 1489. Increased value of tests by reason of the greater tendency to the teaching of sceptical opinions in lecent years, 7nce (1871) 1702-1785 Evil of the Bill as calculated to remove the security of the Church of England teaching in the colleges, and as causing a tendency to unbelief by reason of the variety of teaching that would be encouraged, Leighlon (187 1) 2254-2271. 2288-2293. See also And- Religious Teaching. Final Classical School {Oxford). Heresy. Jowett, JOWETT. 35 Reports, 1870, 1871 — continued. Jowett, The Rev. Benjamin. (Analysis of his Evidence — Session 1871.) — Approval of an entire abolition of tests, the present Bill not going far enough, 3014-3016 Failure of tests at Oxford in preventing divergencies of religious opinion, 3017, 3018 Very general sense in which the tests are taken, whereas they have the effect of excluding one- half the nation from the universities, 3018 Unfavourable effect of the tests as regards the Church of England, 3019, 3020 Belief that religion would be in a more favourable position if not" protected" by tests, and that a negative test would produce very bad effects, 3021-3025. Conclusion that the chief safeguard with reference to religion and religious opinions in the universities is to be found in the general religious feeling of the community, 3022- 3047 Ambiguity and difficulty in connection with any test, however comprehensive, any attempted line of distinction between Christians and non-Christians being very un- desirable, 3023. 3222, 3223 Opinion adverse to tests in the case of Divinity professors as well as other professors, 3026-3029 Increased authority of professors if not bound by tests, 3027. 3070, 3071 Very grave objections to which the system of clerical fellowships is open, whilst the system does not promote any good religious influence, 3030, 3031- Non-objection to a positive enactment for the maintenance of the chapel services so lon° as the Church of England remains established ; this should apply only to Sundays, 3032-0,038 3047. 3217 Belief that the presence of fellows of different denominations in any college would not lead to such conflict of opinion that no religious teaching could be kept up, 3039. 3224-3227 Expeciation that in the absence of tests the colleges will remain in very much the same state as at present, and that parents will not be alarmed about sending their sons to the universities, 3040. 31 17, 3118. Evidence relative to the final classical school at Oxford, and the character and effect of the philosophical and metaphysical studies in recent years ; denial that the effect has been to produce a state of scepticism or infidelity, 3041-3046. 3167-3173- 3182-3185. o 1Q2 -Q20i Explanation relative to the study of German philosophy at Oxford, there being too little rather than too much German teaching, 3042. 3101-3103- 3200, 3201. Objection to any compulsory religious instruction in the universities, 3047. 317873181 Improbability of the colleges neglecting so important an influence as religion in education, 3047, 3048 Opinion that it had much better be left to the colleges .0 decide about having Divinity lectures, &c, 3047. 3181. Examination in further support of the conclusion that there should be no test for nS Professors, it being preferable to leave the appointmg body entirely unrestricted inlo 2>6* S128, Qiao— Contemplated retention of their present endowments by 3049-3005. 3i«S 3i 9 V ag tQ U)e ex d of the S ame Sit'u 2S^Z'JmiieKlLLtL of fa'cts and opinions in theology as of other f^ ««nd oDinS Q065-3069 Further evidence in support of w.tness's objections to the systtnTf ^Jlencal fellowships, as being productive of much evil, 307-3080. 3 . 74-31 77 . 31 Grounds' for the opinion that it would be much better if endowments were not given *■ ri!™Lof teaching religion in the universities, 3080-3098— -Approval of nvStv tutors beSg pai oft of the general tutorial fund of the colleges for such teach- Divmvty tutors oeing paiu ooqo._o.oq8 Sua-p-estion that a lapse of fifty years ing as might be required of them 3093 3°9« rf ^ J ^ ^ fter after the foundatoon £[*^™\J* {evence with the destination of the fund, 3084- which there might be Farhamentaryint university professors, not bound by ' ££ ruKtV^'ortLeir wayTatTack either religion or P the Church of England, ^liTftto the adequacy of puV.ic opinion as a ^$J^^^ ( proper steps in regard oreU^s — 3.- 3112 ^ P „,_ f ,,, ious fellows Bh ° ul Q d ia h o aV - e i2 r !5f^!Ll AdTa ntage of college tutors as rel.gious teachers betng views, 3113-3120. 3«y7 remuneration, 3121-3124- 3' 79— -Necessity of £_?„ oS" of d^nominaSal teaching by ■ Divinity professors is to be preserved, tesTs be ngSshed, that is, as a check upon the lay professor,, »*"3 o ■ tests news "■ .'.„,, : „ roo y Hpvb f nower he given lor chapel the attendance betng very small on w«« «*^^-— £ , - these 0,07-0148 Attendance of Roman Catholics at uxio a 0140-315 4— In- ftudents are not numerous, and cause no interference with discipline, 3 H9 3 54 creasing number of Nonconformists, 3 154, 3155- Further evidence to the effect that the abolition of tests wou d not ■ & yg^ ^ disturbance or divergence of ^"^"""^—Tendencyto take the tests system hitherto, 3156-3165. 3203-3206- 3224 32^7 J casuistically, 237—I. 3 6 J O W LEI Reports, 1870, 1871 — continued. Jowett, The Rev. Benjamin. (Analysis of his Evidence— Session 1871)— continued. casuistically, in one sense, 3166 Explanation that witness is desirous that there should be" religious' instruction, but objects to any compulsory regulations as to the kind of religion taught, 3178-3181. Further statement that the operation of the final classical school at Oxford, and the changes in the course of sludy, have not produced any increase of scepticism or infidelity during the last ten years, 3192-3201 Usefulness of non-resident fellowships to the holders of them ; suggestion that the tenure be limited to six or seven years, 3202. Reiteration of the conclusion that there should neither be a test nor a declaration, either for the protection of religion or of the Church of England, 3207-3221 -Grounds for objecting to any disiinction in the case of post-Reformation colleges, it being more- over inexpedient and impracticable to make some of the colleges denominational and some undenominational, 3228-3233. K. Keble College. Opinion adverse to any interference with tiie specific purpose of the endow- ment in the case of Keble College, the institution being of recent date, 7^^(1871) 2693- 2699. 2797 Witness disclaims all idea of interference with the denominational cha- racter of Keble College, Jowett (1871) 3105. L, Learning and Education. Argument that there is no more ground for complaint against a test in reference to religion than theie is against a test in reference to learning and education, Waraler (1871) 2198-2200. See also Colleges. Fellowships. Religious Teaching. Lectures. See Conscience Clause. Divinity Professors. Professors. Religious Teaching. Tutors. Legislation. Expediency of at once settling the question of tests, and of dealing separately and subsequently with clerical fellowships and other questions, Roundell (1871) 1518- 1524 Expediency of the question of tests, and of other changes at Oxford, being dealt with by means of one and the same Bill, Lice (1871) 1772-1775 Effect of impending legislation in influencing public sentiment in favour of the line that legislation is taking, Waraker (1871) 2131. 2137. See also Abolition or Relaxation of Tests. Agitation. Commission. Com- pulsory Regulations. Public Opinion. Leighton, The Rev. Francis Knyvett, D.D. (Analysis of his Evidence — Session 1871.") — Is Warden of All Souls, and was Vice Chancellor of the University of Oxford until the end of last year, 2205, 2206 Explains the powers of the Vice Chancellor and of con- vocation respectively, in regard to the suspension or degradation of professors and others for heterodox teaching, 2209 et seq. The power also of deprivation has been exercised by the head of the college, with the approval of the visitor, in the case of a fellow who had joined the Church of Rome, 2237-2240. Power of the visitor of any college to require renewal of the test, and on refusal to deprive, 2241-2244 Removal by the Bill of the present powers over professors in case of heresy, 2243-2248. 2320 Power of the Vice Chancellor to require any one who is suspected of heresy to renew his test, 2245-2248 Exceptional instances of professors at Oxford ever using their Chairs for the purpose of expressing religious views outside the subjects they are appointed to teach, 2249-2251. Mischief apprehended from the Bill, mainly as regards the colleges, 2252 Prospective effect of the Bill seriously to affect the universities also, and to produce a great alteration in the whole current of university legislation, 2252, 2253. 2310-2318 Evil of the Bill as calculated to remove the security for Church of England teaching in the colleges, and as causing a tendency to unbelief by reason of the variety of teaching that would be encouraged, 2254-2271. 2288-2293 Probability of religious bias in the election of fellows, as a result of the Bill, 2261-2264. 2330-2335 Limited reliance to be placed upon the security afforded by the college statutes, as they are easily altered, 2263. 2299- 2309. Safeguard by restricting the headships of existing colleges and halls to members of the Church of England, 2272, 2273. 2325, 2326.2347 Suggested distinction between resident and non-resident fellows, with a view to exempting the latter from tests, 2274. 2 334- 2 33 fi -2338. 2351 Further safeguard by an express enactment maintaining the Church of England services in the college chapels, 2275-2277. 2355, 2356 -Value attached to the fourth clause of the Bill but for the repealing clause, 227g. Bad LEI LID 37 Reports, 1870, 1871— continued. Leighton, The Rev. Francis Knyvett, D.D. (Analysis of his Evidence— Sess. 1871 )~cortt*. Bad effect of the admission of a large body of Dissenters, on account of the divergent religious views that would prevail, 2280-2284 Tendency of colleges to denomination- alise themselves in the absence of tests, 2285 Evil likely to result at first from the influence of individual teachers ; power as to the removal of tutors adverted to hereon, 2285-2287— — Objection to the Bill rather as sweeping away the safeguards against irreligion, than as facilitating the admission of dissenters, 2292-2298. Expediency of whatever safeguards are retained being dealt with by Act of Parlia- ment, instead of resting upon college and university statutes, 2299-2305- — Dissent from the statement that persons constantly take the test, without considering it binding in any way, 2 3'9 Probability of there being a considerable nnmber of Roman Catholic fellows and tutors if all checks be removed, 2321-2324 Difficulty likely to arise in the election of heads of colleges if the fellows are of varying creeds, 2327-2329 Approval of the test proposed by Sir Roundell Palmer as better than no test at all, 2 339" 2 34 6 - Opinion that the preamble of the Bill is not carried out by the clauses, 2350 Less dissatisfaction at Oxford with the Bill if the safeguards advocated by witness be adopted, 2 35 2-2 356 Practice as lo the selection of the preachers in the university; mode of constitution of the board by whom they are appointed, 2357-2367 Objection to pub- licity being given to the proceedings of the governing bodies of the different colleges, the public not being now admitted when business is being transacted, 2368-2373. Liddon, The Rev. Henry Parry, D.D. (Analysis of his Evidence — Session 1871.) — Opinion that for political reasons some modification of the existing tests at Oxford is desirable, 645-647. 779-781 -Advantages to be derived from a substitution of the Nicene Creed for the Thirty-nine Articles, as a test for all members of convocation, 648- 651. 658-660 Very small section of the residents at Oxford with whom the tests have no efficacy, 652-657. Expediency of retaining the present test for 'the Divinity professorships, 661 Sug- gestion that lay teachers and lecturers in colleges be required to make a certain decla- ration, proposed by Sir Roundell Palmer, 662-664 Numerous and large endowments attached since the Reformation to particular colleges at Oxford, there beihg a special claim in these cases that a declaration be made of conformity to the Church of England, 665-669. Value of the tests in correcting and restraining intellectual excess, though they have failed to some extent in promoting unity of faith and teaching, 670-676 Way in which an entire abolition of tests would have a specially injurious effect upon the smaller colleges, 677, 678 Injury to the cause of Christian teaching by the possession of advowsons by the colleges, 678, 679 Statement as to there being four sets of divinity lectures at Christ Church, 680. Recommendation that a clause be added to the Bill distinctly stating that there shall be certain provisions for religious teaching, 681-685 Several Roman Catholics and Nonconformists at Christ Church at different times, their attendance at divinity lectures and at chapel being excused, 686-688. 788 Much greater laxity of chapel discipline than in former years ; different practice of different colleges as to attendance at chapel, 689-694. 7»6, 787- , J Examination relative to, and in strong disapproval of, the restricted and one-sided study of philosophy in the final classical school at Oxford, the result being, not infre- quently, infidelity, £95-702. 706. 711-726. 748-762. 816— Evidence favourable to the division of the final classical school into three distinct schools, so that philosophy, history, and philology may each be thoroughly studied in a separate school, 697-700. 714. 75«, 759 -Considerable influence of individual examiners upon the reading of the students for honours, 701, 702. Importance attached to a clause providing for religious teach.ng ,n every college m accordance with the doctrines of the Church of England, 703-710 Probability of its S impossible to retain tests in the case of the professors of history, or moral or meta- nhvsfcal Science, 708. 782, 783 Evil consequent upon the increased disjunction of Loral philosophy as now taught from religious opinion, 722, 723. n 1 =;-™ a « m the relidous value of the service in the college chapels, it being very obS&naffi to rece 2 the p^.ioi that the service be that of the Church of England, objectionaDie to repeal p interfered with the injurious teaching 727 ^—Statement as tc the te as not B ^ ^ of c of ph.losophy by -private tutors ' ™PJ^|J^l Ben i t anticipated from the gradual tutors, 733-736. 74 2 :745. 703. 7«4- 7»y°5 5 _1 Admission as to there ^^l^sF^^^^ E^atf; 5 this should not cause a total 237-1- B 3 3 8 LID L1G Reports, 1870, 1871 — continued. Liddon, The Rev, Henry Parry, D.D. (Analysis of his Evidence— Sess. 1871)— continued. thin*' contrary to the Church of England, 765-768 Importance of retaining, if pos- sible" the test for heads of colleges, even though the other tests were removed, 769, 770. 777 / 7 -B Opinion that under the Bill the best thing fur the colleges to do as regards their ecclesiastical patronage, would be. to sell it, 771. Opinion that if tests cannot be retained for all the colleges, the post- Reformation colleges should be placed in a separate category, so that the denommationa and unde- nominational systems may both be maintained, 772-776 -Statement as to the question under consideration being in reality a parent's question, whereas parents are not suffi- ciently considered in the Bill, 783- 829, 830 Different feelings by which different classes at the universities are actuated in dealing an abolition or modification of tests, 789-792. Probability of some professors and lecturers, if no longer restricted by tests, not hesi- tating to teach anti-Christian doctrines, 793-796 Believe that at Oxford it is still a minority which is in favour of the abolition of tests, 797~799 Less objection likely to be made to the tests proposed by witness than to the present tests, 800-802. 805-807 Conclusion that the real question at issue is between Christianity and nou-Chns- tianity, and not between Church and Dissent, 802 Admission that the Bill is not without some security for the religious character of the university, 804. Much less evil of the conventional imposition of tests than of the unrestrained specu- lation likely to follow upon their total abolition, 808-812 Very few instances at Oxford of men being debarred from the enjoyment of emoluments through conscientious objection to take the tests, 813 Explanation that witness would view the Bill very differently if it had the effect only of facilitating the introduction of Nonconformists to the university, 814, 815. Urgent need of an improved management of the department of philosophy at Oxford ; this may safely be left to the university to effect, 816. 831— Contemplated modifica- tion of tests, so that all reasonable objections may be met, whilst security is retained for the religious character of the teaching, 818,819 Distinction desirable as legards fellowships, which should be divided into tutor fellowships, student fellowships, and prize fellowships, 820-828 Special importance of insisting on a test in ihe case of tutor fellowships, 827. Liahtfoot, Professor Joseph B. (Analysis of his Evidence — Session 1870.) — Has been Hulsean Professor of Divinity at Cambridge for nearly nine years; was previously a tutor of Trinity, 834-837 In consequence of the change of opinion within and without the university on the question of tests, has modified his views on the subject, and now considers that some change is expedient in the direction of the Bill, 838-840. 889-899. 922-925.1071-1090 Submits, however, that some guarantees may be provided for securing the maintenance of religious worship and education more effectually than is proposed by the Bill, 841 et seq. Non-objection to the admission of Nonconformists to the honours and emoluments of the university, provided there be a security for religious education, 844 Difficulties in the way of any new tests for fellowships, the present tests being abolished, 846. 987- 999. 1045-1053 Suggestion that the heads of colleges be omitted from the Bill ; exa- mination in detail as to the several reasons for this proposal, 847-863. 931-935. 1041- 1044. 1063-1065 Great importance of security for the maintenance of the Church of England service in the existing college chapels, 849-852. 860, 861. 1070. Evidence on the subject of the appointment to college livings, as resting with the master and fellows, or «iih the master and senior fellows; conclusion as to the expe- diency, on this score, of the head of the college and a majority of the fellows being members of the Church of England, 849. 853-86.',. 960-969. 1101-] 104 Practice in Trinity for the master and eight senior fellows to appoint the college tutors; appointment formerly by the master only, 864. 970-972 Question considered whether, if tests be abolished, there will not be danger of a majority of the eight senior follows of Trinity being Nonconformists or persons hostile to the Church cf England, 865-889. Admission as to the danger attending the changes proposed by the Bill, there being, however, danger in attempting to maintain the present state of things, 889-899. 922- 930. g6g Wise concession by giving to Nonconformists and others free access to honouis and emoluments, 890-894 Lapse of many years before a removal of tests could seriously affect the constitution of the seniority of Trinity, 899-901 Checks upon a Nonconformist or anti-Christian majority of senior fellows overthrowing all security for religious education, 902-908. Improbability of the free admission of Nonconformists inteifering with the working of the university examinations, 909-912 Provision in the statutes of Trinity College as to the election of fellows, having reference to " religion, learning-, and education ;" diffi- culty as to exacting the first-named qualification, 913-916. 1098-noo Examination for fellowships for Trinity, and election of fellows, by the master and eight seniors, 917- 9 21 Evil of the test for fellowships in causing the rejection of men of high intellectual qualifications, L I G H T F T. 3g , Reports, 1870, 1871— continued. Lightfoot, Professor Joseph B. (Analysis of his Evidence-Session 1 871 )— continued. qualifications, 923-924 Evil, also, in the occasional resignation of fellowships on con- scientious grounds, 924. 1000-1003. A dV i a " tage ' if Jt were possible, of still retaining some religious test for college tutors ; difficulties in the way, 925-930 Educational influence of the private tutors, who are unrestricted by tests, 930 Expectation that in every college there will be no lack of Church of England members for upholding the chapel services, 936, 937 Obstacle to any restriction in the single case of the Professor of Moral Philosophy ; degree of security against improper appointment, in the absence of a test, 938-941. 1021-1020. 1110-1122. Indirect authority of the Sex Viri to interfere in cases of heretical teaching, 9^2-945 Minority of residents in favour of a power of removal for anti-Christian teaching, 946, 947; Doubt as to there being any strong feeling among undergraduates in favour of throwing open the fellowships, 948, 949 Impression as to Nonconformist under- graduates being an increasing body at Cambridge, 950, 951. 967 View of some fellows that post-Reformation foundations should have a distinct treatment; witness is disposed to concur in this view, 952, 953. Explanation that witness is no alarmist with reference lo the accession ol Noncon- formists, and considers there is more danger from the admission of anti-Christians, 954- 969 Opportunity, by ao alteration of the statutes of Trinity, for preventing the action of a majority of the senior fellows in a sense contrary to the Church of England, 97 0— 977- 10 '6 Belief that much religious influence is now exercised over the under- graduates, 978-982. 994-998. 1004-1007 Advantage on the whole, of attendance at chapel being compulsory, 980. 1008-1010 Great iinpiobability of the Bible ceasing to be a book in which examinations will take place, 983-986. Objection to the declaration or negative test proposed by Sir Roundell Palmer, 987- 989 Doubt as to any form of test being possible which should be an effectual check upon sceptical opinions, whilst not checking the various forms of Dissent, 990-999 Majority in Trinity College in favour of the Bill or some measure like ii, 101 1, 101 a. 1124 Impression that the majority of the university are against the Bill, but there has been much change of opinion on the subject, 1011-1015. 1123 Rule in Trinity as to fellows holding offices or resigning their fellowships after a certain time if not in Holy Orders, 1017-1019. 1173-1176. Doubt as to the Bill leading to a state of religious indifference, or having any great influence upon the conflict of religious opinions, 1030-1036 Further approval, on the ground of expediency, of the principle of abolition, with the exception of headships of colleges, 1037-1044 Separate test imposed upon every fellow of Trinity by college statute, I045, 1046. 1049 Objection chiefly to the test of the Thirty-nine Articles, 1047, 1048 Difficulty anticipated in enforcing subscription to the Niccne Creed as a test, 1049-1053. Concurrence in the view that in Trinity and other colleges the reasonable demands of Nonconformists would be met by admitting them to fellowships, short of those involving tiusts, 1055-1062 Doubt as to the necessity of specially requiring that the Vice Chancellor shall be a member of the Church of England, 1066 Approval of some security as to the Board of Theological Studies consisting of members of the Church of England, 1067 Difficulty of providing that members only of the Church of England shall appoint the Regius Professor of Divinity and the Regius Professors of Hebrew and Greek, 1068. Expediency of the governing body of each college being entrusted with the duty of shortening the chapel services, 1069. 1177-1181 Conclusion further that the evils now produced by the exclusive effect of tests are greater than those which may result from the Bill, 1071-1090. ii33-"43- " 6 7> ll68 Doubt as to the Bil1 necessarily leading to an abolition of clerical fellowships, 1090-1094 Advantage of heads of colleges bein-r appointed by the Crown, as in the case of Trinity, 1095-1097 Further evidence opposed to the retention of tests for professors generally, other than Divinty professors, 1105-1122. Very objectionable aeitation if it were left to the colleges to decide for themselves the question of tests, 1125,1126 Minimum of university test now required at Cambridge, so that any alteration must be in the shape of abolition rather than relaxation 1127-11 132 Conclusion as regards the influence upon the minds of undergraduates, that he tests are not on the whole desirable, 1133-1 1 43 -—Contemplated continuance, under the Bill, of the requirement as to Divinity instructor, for a degree, 1144, 1145. Expectation that the Bill will show its effect chiefly in the smaller colleges, 1146- u.oJL-Grounds for concluding that a Roman Catholic majority in 1 any college is very improbable for a long time to com!, 1 153-n 60-— Estimate of somewhatless than half the fXwTof the Cambridge colleges as non-resident, 1161 1162 Opinion that non- resident fellowships, though useful in some respects, withdraw too much of the college endowments from directly educational purposes, 1103-noo. 1175- Irritation 237—I. E 4 4 o L I G MAN Reports, 1870, 1871 — continued. Lightfoot, Professor Joseph B. (Analysis of his Evidence — Session 1871) — continued. Irritation by keeping the question of tests open ; approval, therefore, of much con- cession for a settlement of the question, 1167, 1168 Safeguard by a reservation of headships of colleges, 1 169 Further safeguard, if it were possible to preserve for the relioious purposes of each college such a portion of the revenues as is at present devoted to slich purposes, 1169 Additional safeguard by reserving the chapels for the Church of England service, 1170-1172 Doubt as to the necessity of any further restriction at C;imbiidge before alteration of the college statutes, 1182-1184. Litigation. Question whether under the Bill ligitation might not arise if a fellow were passed over for a tutorship for which he was senior in succession, Rolleston (1870) 1231- 1236. 1255-1259. 1290-1294. 1316-1323. Liturgy. Statement as to the test of admission to all university offices at Cambridge and to fellowships, being that of conformity to the Liturgy of the Church of England, Perowne (1870)489-496 Approval of a declaration of conformity to the Liturgy of the Church of England, this not excluding Dissenters, ib. 734~739 Necessity of all professors and leaders at Cambridge subscribing a declaration of conformity to the Liturgy of the Church of England, Waraker (1871) 2171-2175. See also Abolition or Relaxation of Tests. London University. Explanation in regard to the non-recognition of the religious element at the University of London, Angus (1871 ) 1409-141 1. M. Mansel, The Very Rev. Henry Longueville, D.D. (Analysis of his Evidence — Session 1871.) — Approval of some system of safeguards beyond what is proposed in the Bill, if the present system cannot be retained, 832 Opinion that in the case of membership of convocation, and of the M.A. degree, the tests may be abandoned, and a declaration substituted, to the effect that the declarant will not use his influence to the detriment of the Church of England, 833-835. 807. 901-905 Expediency of the tests being re- tained for Divinity degrees and professorships, 836, 837. 868. Grounds for objecting to a proposal that there should be at Oxford a separate faculty of Divinity for each branch of Christianity, 838-840 Responsibility of individuals, rather than of the University rules or system, for the loosening of religious belief at Oxford in recent year*, 840, 841. 873-875 Approval of a certain Parliamentary declaration, as proposed by Sir Roundell Palmer, in the case of professors generally, other than Divinity professors, 842-844. 86g. 901. Great influence of college tutors with their pupils, it being very essential in their case that the test should involve a declaration of conformity to the Liturgy of the Church of England, 845-851. 870. 90 1, 902 Importance of the present test being retained in the case of heads of colleges, their religious influence being very great, 852-855. 872. Proposed division of fellowships into two classes, tests being dispensed with in the case of sinecure or non-resident fellows, 856-864. 871 Suggestion that sinecure fellowships be terminable after ten years, the prohibition upon marriage being withdrawn, 857-859 Disadvantage in non-resident fellows interfering as regards discipline and education, 860-863 Proposal that resident fellowships, to which duties are attached, lie held for life under certain conditions, and that there should be a test involving a declaration of conformity to the Liturgy of the Church of England, 865, 866. Valuable effect of tests in restraining individual teaching adverse to Christianity, 873— 878. 90c Statement as to the question at issue being very much a parents' question, whereas the opinion of parents throughout the country has never yet been fairly taken, 879. 885 Grounds for the conclusion that a majority of the residents and non-residents of Oxford University are not favourable to the Bill ; petitions hereon submitted, 880- 885. 938. Expediency of considering the interests of the young men who come to the university, rather than the feelings or interests of individual teachers, 886-888 Absence of in- clination to exclude men, who have taken good degrees, from honours and emoluments, 887 Views of the Provost of Oriel adverted to as coinciding very much with the suggestions made by witness ; reference hereon to a certain pamphlet reccently published by the former, 888, 889. Strong objection to the proposal in the Bill for repealing the thirteenth section of the Act of Uniformity; importance, on the other hand, of some direct proviso as to the service of the Church of England being celebrated in the college chapels, 889-894. Fuither statement on the subject of the study of philosophy in the final classical school at Oxford, and the extent of evil which has arisen therefrom in recent years as regards religious belief, 895-900 Grounds for the conclusion that if proper means were MAN N E A 41 Reports, 1870, 1871— continued. Mansel, TheVeryRev. HenryLongueville,D.D. (Analysis of his Evidence— Sess. 1871)— con**, were adopted for eliciting the opinion of parents a very strong and widespread objection would be obtained against the Bill, 906-916 Reference to a paper drawn up at Cambridge, showing that the operation of the Bill will be to destroy the Christian character and teaching of the universities and colleges, 916-920. Considerable influence of private tutors over their pupils, this influence being exercised in various ways besides at lectures, 921-928- Opinion as to the greater efficiency of a test than of a penal enactment, 929-934 Doubt as to the value of a conscience clause, whereby young men or their parents might object to any lecture, so that the former need not attend, 935-937. Mathematics. Tendency of a study of mathematics to lessen the desire for studv of meta- physics or philosophy, Appleton (1871) 562 Tendency of a study of mathematics to counterbalance the uncertainty of metaphysical science, Bateson (1871) 2912. Matriculation ( Cambridge). Benefit at Cambridge in so far as there is no test upon matri- culation, Hartog (1871) 1269-1271. Merton College ( Oxford). Disadvantage experienced in the case of Merton College by reason of the clerical fellowships, Roundell (1871) 1544-1548. Metaphysics. Absence of any disturbance of religious opinion at Cambridge by reason of the increase of metaphysical study, Bateson (1871) 2908-2912. Modern History Facilities of ^the Professor of Modern History at Cambridge, if not restrained by a test, for propounding objectionable religious views, Perowne (1870), 510-518 Importance of the Professor of Modern History being a member of the Church of England, ib. 614-616. Moral Philosophy. Character of the examination at Oxford in moral philosophy for honours, and of the books used, Chase (1870), 19-28 Extent to which moral philo- sophy or moral science forms part of the study for degrees or honours at Cambridge, Perowne (1870) 439-443 Obstacle to any restriction in the single case of the Pro- fessor of Moral Philosophy; degree of security against improper appointment, in absence of a test, Lightfoot (1870) 938-941. 1021-1029. 1110-1122 Possibility under the Bill, of the Moral Theological Professorship at Cambridge being held by a layman, not a member of the Church of England, Cookson (1871)319-322 — —Conduct of the exami- nations at Oxford in moral philosophy, without imparting any religious opinions, Appleton (1871) 548-552 Evil consequent upon the increased disjunction of moral philosophy, as now taught at Oxford, from religious opinion, Liddon (1871) 722, 723 Urgent need of an improved management of the department of philosophy at Oxford ; this may safely be left to the university to effect, ib. 816. 831. Morality. Beneficial effect anticipated as regards morality, by an influx of Dissenters coming from more frugal houses, Roundell (1871) 1531, 1532. Apprehension that, religious influence being no longer secured, it would be very difficult to enforce doctrines of morality, Atkinson (1871) 2927, 2928. 2976, 2977. Morleu Samuel, M.P. Concurrence in the opinion of Mr. Morley, that where there is a specific, trust it should be held sacred, Reed (1871) 2742-2744. N. National Institutions. Question as to the right of each party or section of the nation to a share n the universities, upon the supposition of their be. ns ; national property, Perowne ?Tr™ ^i-W Exception taken to the view that the universities are national institutions, sTve as regards the national church, ib. 608-613. Argument of the Nonconformists that the universities and college*, as being national Argument 01 . wlthout the restriction or religious TTZduZ ^25i 7 P c" ^Examination as to vntness's grounds for the conclusion that no^ oliv ^ umvLitielbut the colleges are national institutions, eo. 2524-^43. 2579-25 3-2745- ' nniversities an d colleges, as being national institutions, and Dist.nct.on between the ™«f'^ ana h No e nconformis £ upo n the question of the 3274-3278. 3286-3293. See also Endowments. _ Sessim lSl ^Approval of the Bill as far Neate, Charles. (Analys.s o f lu« » Ejgence bw 7 ^ ^professorship at Oxford, as it repeals the tests "^^J'Sth t^Wso far as it repeals the provisions of the 1 140 Reasons foi also 1 a S^g ™™ .j Effect ofthe Bill to necessitate important Act of Uniformity requiring subjcr pt ™> ^ ds its ecc i esiast ical privileges; opinion that on tnis scoie a ia>i«>i Suggestion 237—L 42 N E A NOR Reports, 1870, 1871 —continued. Neate, Charles. (Analysis of his Evidence— Session 1871)— continued. Suggestion whether the university might not still retain the power of restraining its professors from openly teaching anything contrary to the Christian religion or to the doctrines of the Church of England, 1141, 1 142 Question for consideration as to the power of appointment of scleet preachers, 1143 Conclusion as to the want of a com- mission., appointed by the Legislature, with a view to bringing the statutes of the colleges into harmony with the Bill, 1 143-1145. Important effect of the Bill as to the foundations and endowments of the colleges, the previous appointment of a commission being very desirable before compulsory legislation takes place, 1143-1145. 1176-1182 Different ways in which a large portion of the endowments of the colleges might be applied out of Oxford, 1144, 1145 -Necessity, if the Bill be passed, of reconsidering the visitorial power, and the question of who shall be visitors, 1145-1147. Evidence in support of the view that the powers of the congregation, or of the residents, at Oxford require 10 be restrained, and that increased powers and control should be given to convocation, 1147-1170. 1186-1188. 1215-1220 Suggestion for vesting the appointment of heads of colleges in a board, instead of in the fellows, 1147. 1163. 1188 ■ Approval of the Bill as tending to allay religious animosity and to soften opposition to the Church of England, 1153, 1154. 1169 Proposal that every college be required to appoint a chaplain fellow, so that religious leaching may be secured if tests be abolished, 1155. 1223. Consideraion of the causes to which may be attributed the unsettlement of belief which exists at Oxford; opinion that the. abolition of tests would give no impetus in this direction, 1156-1170. 1189-1191 Objection to the abolition of tests being left to the option of the colleges, 1171-1175 Expectation that the ultimate effect of the Bill will be to reduce the colleges to mere educational establishments, 1179. Grounds for disapproving of any distinction between pre -Reformation colleges and post- Reformation colleges, 1183, 1184. 1209-1214 Partial distinction which may be drawn between pre-Reformation colleges and those founded in recent years, in which there is a clear knowledge of the intentions of the founders, 1 185 Beneficial effect of the control exercised by convocation, 1187 Unduly young men, of whom congregation partly consists, 1188. 1224 Contemplated exercise of control by the Vice Chancellor in the selection of tutors, 1 1 88. 1 222 — Case of Lady He wley's Charity adverted to, as showing how denominationalism may be preserved without tests, 1192-1196 Grounds for suggesting that, as regards the election of fellows, the Bill should specify whether preference was or wns not to be given to members of the Church of England, 1196-1208 Expected dissatisfaction if fellowships were not to convey eligibility to the govern- ment of a college or to education in the college, 1221. Negative Test. See Declaration. New College (Congregationalists.) Information relative to the endowments, constitution, and government of New College, which is connected with the Congregationalists ; relio-ious examination on entry to the college, Reed ^1871) 2554-2571. New Colleges {Oxford and Cambridge.) — Doubt as to its being open to Roman Catholics or Dissenters to establish new colleges at Oxford and Cambridge, and at the same time to bring them into connection with the university, Perowne (1870) 800-804. Netvman, Dr. Witness would not have removed Dr. Newman from any office of trust in the university when he joined the Church of Rome, Jowett (1871) 3219-3221 Opinion that Dr. Newman shouid not have been left in any authorative position after his secession, Raleigh (1871) 3238, 3239. Nicene Creed. Difficulty anticipated in enforcing subscription to the Nicene Creed as a test, Lightfoot (1870) 1049-1053 Advantages to be derived from a substitution of the Nicene Creed for the Thirty-nine Articles, as a test for all members of convocation, Liddon (1871) 648-651. 658-660 This change would admit a much larger circle of Christians, ib. 649, 650 Inadequacy of the Nicene Creed as the test for college tutors, Mansell( 187 1)848. Nonconformists. See Dissenters. Non-Resident Fellows. See Abolition or Relaxation of Tests, 5. Fellowships. Norrisian Professorship. Necessity of the present test in the case of the Norrisian Professor of Divinity at Cambridge, Perowne (1870) 704-708 Circumstance of its being possible under the Bill that the Norrisian and the Hulsean Professors at Cambridge might not be members of the Church of England, nor be in Holy Orders, Cookson (1871) 308- 316. 323 Expediency of safeguards for securing that the Hulsean and Norrisian professors, as well as other professors and lecturers, are members of the Church of England, Stokes (1871) 370-374. 416-423. See also Divinity Professors. OPT PER 43 Reports, 1870, 1871 — continued. 0. Optional Tests. See Colleges. Oriel College {Oxford). Practice in the election of fellows at Oriel not to take the reli- gious belief into consideration, but to elect with direct reference to intellectual qualifica- tions, Chase (1870) 79-90 Diminution in the number of clerical fellowships at Oriel, ib. 119 Arrangement at Oriel College for maintaining a certain number of clerical fellowships, ib. 267- 269. P. Palmer, Sir Roundell. See Declaration {Negative Test). Parents. Alarm of parents respecting the Bill, witness fully sharing in the feeling. Perowne (1870), 823-825 Opinion that some substitute for tests is required for the security of parents; security in the case of public schools adverted to hereon, Rolleston (1870) 1195-1198. 1262.1314 Tendency of the Bill to discourage parents from sending their children to colleges at the universities, ib. 1198. 1241, 1242 Importance attached to the views of persons who send their children to the universities, Scott (1871) 179-185. Inaccuracy of the view of parents that the tests are a means of securing certain reli- gious influences for their sons at the universities, Appleton (1871) 597. 600. Statement as to the question under consideration being in reality a parents' question, whereas parents are not sufficiently considered in the Bill, Liddon (1871) 783. 829, 830 — —Conclusion as to the question at issue being very much a parents' question, whereas the opinion of parents throughout the country has never yet been fairly taken, Mansel (1871) 879. 885 Grounds for the conclusion that if proper means were adopted for eliciting the opinion of parents a very strong and wide-spread objection would be obtained against the Bill, ib. 906-916. Probability of parents objecting to unrestricted teaching by persons of whose religious opinions they disapproved, Hartog (1871) 1252, 1253 Conclusion that the religious teaching in any college is not likely to be so relaxed that parents would object to sending their sons there, Roundell (1871) 1554 _1 556- Grievance on the part of parents if, by a renewal of tests, injury be done to the students in a religious sense, Woollcombe (1871) 1996-1998— Probab.hty of parents not allowing their sons to go into residence at Cambridge, if all religious security were withdrawn,°4 tkinson (I871) 2935-2937. 2983-2985. Expectation that in the absence of tests the colleges will remain in very much the same state as at present, and that parents will not be alarmed about sending their sons to the universities, Jowett (1871) 304°- 31 !7> 3 1 18 - Probability of parents looking for other than literary qualifications in the persons having charge of their sons' religious education, Raleigh (1871) 3267-3273- See also Public Opinion. Penal Enactment. Opinion as to the greater efficiency of a test than of a penal enactment, Mansel (1871) 929-934- Permissive Tests. See Colleges. -r. mi. z?„„ p it f Analvsis of his Evidence— Session 1870.)— Is a fellow and Perowne The Rev E H c ^"7 c^LSe ; has from the first opposed the movement i ai0r u° f u r? t 111 Aa S,-—MiIhL.f apprehended as regards the nomination K e ^°P ro ^ofiiSSty at Cambridge^, by the removal of tests, jhe council ot tne ttegius x iuic „i,. anri « of different creeds or of no creed at all, 424 Questions which come before the senate, 424, 425. q , . (U OYt „ nt fn w hich divinity or theology forms part of the previous Statement s .owmg the exten ^^ ^ ti d l n V1 at y Cambndge f 426 - 43 o F . 476 —Necessity examination, and of the general era examination, which involves a paper of all students, inclndi ng Jews pas ^ f ^ been nQ itation on this score , 43,433 upon the evidences of Oh™ tianity , ™£? j b the senate, through the board of 476^79— Arrangementjrffte — J^ sors b a yariety of boafds> classical studies, 434, 435 Election ^ 436-438. nrmnrn \ science forms part of the study for degreed Extent to rt^^&^Zl^^Z in othe'r subjects than "theology for or honours, 439-443-— ^PP"' lu ^, belief in Christianity; witness is not aware of strengthening or weakening the ■tudeatB h Uet m ^ ^ ^ fesgional lectures anv abuse in this respect, 444-450 -"""wu to lb. university influence the course of opinion, 451, 452- ^^ 237— J - 44 P E R () W N E. Reports, 1870, 1871 — continued. Perowne, The Rev. E. H. (Analysis of his Evidence— Session 1870) — continued. Powers of the heads of colleges at Cambridge as to the appointment and removal of college tutors, 453-461. 464, 465 Supervision of the master of the college over the character of the tutors' lectures, 462-465 Less divergence of religious opinions and less controversy at Cambridge than at Oxford, 466-469 Opportunities of the college -tutors for influencing the students in a religious sense, especially in the smaller colleges, 470-475- Inability of witness to suggest any satisfactory test or security for religious instruction, in lieu of the present test, 480-482 Exception taken to a proposal for exempting some fellowships from tests, witness regarding all fellowships as offices of trust and respon- sibility, 483-486 Power of the master aud fellows of witness's college to call a non- resident fellow into residence, 487, 488 Varying proportion of resident and of non- resident fellows in different colleges, 488. (Second Examination.) Statement as to the test of admission to all university offices at Cambridge, and to fellowships, being that of conformity to the Liturgy of the Church of England, 489-496 Necessity of a new mode of appointment of theological pro- fessors if tests be abolished, 497-504 Expected complaint by Dissenters if persons admitted to the membership of the senate could not get the higher university offices without a test, 505-506. Right of private tutors to take pupils, without being affected by the question of tests, 507-509 Facilities of the professor of modern history, if not restrained by a test, for propounding objectionable religious views, 510-518 Possibility of the religious ele- ment being introduced in the classical tripos studies, 519-521 Probability of religious bias and party-feeling entering into the election of fellows if the system of tests were entirely done away with, 522-530. Question as to the right of each party or section of the nation to a share in the univer- sities upon the supposition of their being national property, 531-535 Injurious effect likely to arise from the plan of university fellowships proposed by Mr. Chase, 536 Objection to some colleges having tests, and others not having them, 537 Belief as to all dissenting colleges having tests, 537. 550-553 Very limited extent to which Dissenters now excluded would be admitted to fellowships, if there were no tests, 538-540. Statement as to all prizes and scholarships at Cambridge, except the Bell scholarships, being open to undergraduates without tests, 542-547 Approval, if it be practicable, of the plan for establishing certain prizes, without tests, provided no duties be attached to such prizes, 548, 549 Conclusion as to a certain test being required in the case of each student at the Baptist College, Regent's Park, 551, 552 Circumstance of the statutes of witness's college not providing that the election of the fellows is to have reference to their superiority, expressly as regards " religion," 554-556. Decided majority of the residents at Cambridge opposed to the Bill, 557. 670-672 Influential minority in favour of a relaxation of tests, 557, 558 Opinion that the Bill itself is not in accordance with the preamble, and provides no safeguards at all, 559-564. 669. 744, 745 Mischievous effect of an abolition of tests as tending to cause candidates for holy orders to be sent to theological colleges apart from the universities, 565-572. 661-665 Unfairness of removing tests at Downing and other modern colleges unless they be removed also at Baptist and other Nonconformist colleges, 573-578. Analogy between the position of the head and fellows of a college in regard to the undergraduates and the position of a clergyman in regard to his parishioners, 579-582 Conclusion as to the universities being places of education instead of mere instruc- tion, and as to the vital importance of such education not being dissociated from religion, 583-593 Varying proportion of clerical fellowships in the different colleges at Cam- bridge, these being liable to reduction at any time by an alteration of the college statutes, 594-600. Residence of ten out of twelve fellows of witness's college, 601, 602 Doubt whether even in the larger colleges, such as King's, it would be well to throw open a portion of the fellowships, such fellows not to engage in the work of teaching at the university, 603-607 Exception taken to the view that the universities are national institutions, save as regards the national church, 608-613 Importance of the professor of modern history being a member of the church, 614-616. Strong objection to the proposed removal of the present security for the maintenance of the Church of England service in the college chapels, 617-619 Inadequate secu- rity, if the Bill be passed, against the election of a Roman Catholic as head of a college, 620-626— —Objection to the Bill with reference specially to the election of the Hebrew and Greek Regius professors, 627-629 Absence of security under the Bill in regard to the appointment of the board of theological studies, 631, 632 Difficulty also in connection with the appointment of the Hulsean professorship of divinity, 633. Very responsible position of the Vice Chancellor as regards appointments, it being highly PEROWNE 45 Reports, 1870, 187 1— continued. Ferowne, The Rev. E. H. (Analysis of his Evidence-Session i8 7 o)-continued. highly inexpedient to discontinue the security of his being a member of the Church of England, 634-639 .Exceptional instances of the fellows or tutors of colleges not being selected from the members of the colleges, 640-644 Intellectual influence exercised by private tutors over their pupils, 645-647. Difficulty if the court by which discipline is enforced were composed of men of ditterent religious creeds, 649 Possible difficulty also in dealing with heterodoxy if tile court in such cases had not been liable to tests, ib. Ill-effect anticipated from the removal of the restraint upon anti-Scriptural teaching by professors of geology, &c. 650, 6 5l- — Very limited extent to which the University of Cambridge receives any aid from the State ; large vote received by the London University and the University of Glasgow, 652-654. 679. y B Important function of the .university in maintaining discipline among the residents, 655-657 Expectation that not merely fellowships but tutorships and the office of •dean would pass out of the hands of members of the Church of England if tests were dispensed with, 658, 659 Exceedingly rare instances of Dissenters or others being r excluded from fellowships by the tests ; very little ground for complaints of hardship on this score, 660. 740-742. 805-809 Absence of difficulty as regards the attendance of students at chapel, 666 Admission^of many Dissenters to witness's college, 667-- — Cause of the comparative exemption of Cambridge from extreme religious movement, 668. Approval of any change being compulsory instead of being left to the college?, 673- 675- 773 Statement as to the question of tests not being exclusively a Dissenters' .question, 676-679 Serious evil apprehended if the heads of colleges be not, neces- sarily, members of the Church of England, 680-688 Probable change in the whole course of theological study by a removal of tests, 689-691 Liability of colleges to fall into the hands of a majority of Dissenters or of Roman Catholics ; results being pro- duced for which the coun : ry s altogether unprepared, 692-701. 810-815 Im- probability of Roman Catholic instruction being established in any college, 697. 725, 726. Importance of the present safeguard as to the Regius Professor of Divinity at Cambridge being a member of the Church of England, 702, 703 Necessity also of the present test in the case of the Norrisian Professor of Divinity and the Hulsean professor, 704- 708 Inability of witness to make any suggestion as to the election of the board of theological studies; injurious effect of the Bill hereon further adverted 10,709. 784- 788. Belief as to its being open to the governing body of a college to alter or abbreviate the chapel service, 710-716 Advantage of heads of houses being in holy orders, 7 1 7~7 1 9 Ve r y slight, additional security at Cambridge if alteration of the college -statutes required in all cases the consent of the visitors, 720-722. 753~759 Grounds for objecting to a limitation of the tenure of lay fellowships, 723, 724. Further statement as to witness being unable to suggest any efficient safeguard in lieu of tests, 731-743. 765-767. 777 Approval of a declaration of conformity to the Liturgy of the Church of England, this not excluding Dissenters, 734-739 Distinc- tion doubtless between Dissenting colleges for the ministry and colleges intended for general education, 746, 747— — Importance attached to the clause in the Bill maintain- ing the existence of clerical fellowships, 748-752 Limited effect of the Bill as regards the heads of colleges at Cambridge, it not applying to those in holy orders ; there is no sufficient safeguard, however, for the heads remaining members of the Church of England, 760-763. 780. Great improvement if the clause in the Act of Uniformity were retained which pro- vides for the maintenance of the chapel services, 764. 774-776 Apprehension not only that some colleges might fall into the hands of particular sects, but that a party of infidelity might rise "up, 768-772 Feeling at Cambridge as to the probable passing of some such Bill as the present, it being considered by many that the Bill could not be worse 778-780 Difficulty, amounting almost to impossibility, in having any effectual ■religious teaching if the governing body be composed of persons of different creeds 789- 7Q q 804 Doubt as to its being open to Roman Catholics or Dissenters to establish new colleges at Oxford and Cambridge, and at the same time to bring them into connec- tion with the university, 800-804. Exception taken to the system of theological instruction in foreign universities as not h^SMeto^coJLtry^ie^o^EMjOBBBhmof witness's reasons for pre- Se a compulsory Parliamentary measure to a measure re lege jng action to the Sen Xs, 821-823 Alarm of parents respecting the Bill, winess fully sharing ta^t^X^82 6 —A PP reh^s\on that the influences of the Church of England vof an abolition of tests, 832, 833. „ Petitions 237 — I. F •* 46 PET -PRE Reports, 1870, 1871— continued. Petitions ( Oxford and Cambridge). See Abolition or Relaxation of Tests, 5. Philosophy. See Final Classical School {Oxford). Moral Philosophy. Post-Reformation Colleges: View of some fellows at Cambridge that post-Reformation foundations should have a distinct treatment; witness is disposed to concur in this view, Lightfoot ( 1 870) 952, 953 Opinion favourable to a distinction between endowments dating from before the Reformation and those of modern date, Scott (1871) 1 19-125 Doubt as to the expe- diency of a distinction between pre-Reformation and post-Reformation endowments with reference to denominational education or fellowships, Cookson (1871) 294, 295. Numerous and large endowments attached since the Reformation to particular colleges at Oxford, there being a special claim in these cases that a declaration be made of con- formity to the Church of England, Liddon (1871) 665-669 Approval of a distinction with reference to the dales of the college endowments, it being preferable that some colL »es should be denominational rather than they should all be thrown open, Liddon (1871) 772-776 ; Atkinson (1871) 2993-2997. Decided objection to any distinction by the Bill between pre-Reformation and post- Reformation colleges at Cambridge, Thompson (1871) 1119-1121 Grounds for dis- approving of any distinction between pre-Refonnation colleges and post-Reformation colleges, Neate (1871) 1183, 1184. 1209-1214 Partial distinction which may be drawn between pre-Reformation colleges and those founded in recent years, in which there is a clear knowledge of the intentions of the founders, ib. 1185. Admission that there appears to be no injustice in retaining the clerical fellowships founded for the use of the Protestant Church since the Act of Uniformity, Angus (1871) 1351 Opinion that there is no good reason for distinguishing between colleges founded before the Reformaiion and colleges since that date, so far as common or national education is concerned, ib. 1337. 1385. Difficulty of a general enactment distinguishing between pre-Reformation and post- Reformation endowments with reference to tests; each college should decide for itself, Campion (1871) 1897-1910 Injustice of the Bill with reference especially to the post-Reformation endowments, as in the case of Balliol College; claims also of the Church of England to the pre-Reformation endowments, Woollcombe (1871) 2084-2086. Argument that the pre-Reformation and post-Reformation endowments were equally made in favour of the Church of England, Waraker (1871 ) 2164, 2165 There are three colleges at Cambridge entirely post-Reformation, whilst every college is partly so, ib. 2164,2165 Questionable advantage of a distinct recognition of the right of the Church to the post- Reformation endowments, ib. 2166-2168. Examination to the effect that Church of England colleges founded by private en- dowments since the Reformation cannot justly be dealt with as national property, irrespectively of the Church, Allan (1871) 2496-2503. 251 1-25 16 Evidence in support of the conclusion that Parliament should deal with religious endowments, as at Oxford and Cambridge, in the interests of the nation, but that endowments of recent date for denominational purposes should be held sacred, Reed (1871) 2535-2546. 2674-2676. •2732-2785. Conclusions adverse to the proposition that a distinct treatment should be observed towards post- Reformation endowments, and that they should be exempted from Parlia- mentary interference, Bateson (1871) 2874-2896 Circumstance of the tests being the creation of Parliament and not of endowments, ib. 2884, 2885. Grounds for objecting to any distinction in the case of post-Reformation colleges, it being moreover inexpedient and impracticable to make some of the colleges denomi- national and some undenominational, Jowett (1871) 3228-3233 Opinion that the State has the most entire right to use post-Reformation endowments for the purposes of higher education, ib. 3228 Five-sixths of the endowments at Oxford have come down from a time before the Reformation, ib. 3232. Admission that post-Reformation endowments do not stand in the same category as pre-Reformation endowments, and that some argument exists for a separate representation of denominationalism, Houghton (1871) 3393-3400. See also Denominational and Undenominational Colleges. Downing College. Durham University. Preachers. Question for consideration as to the power of appointment of select preachers, iA 7 ea^e(i87i) 1143 Practice at Oxford as to the selection of the preachers in the university; mode of constitution of the board by whom they are appointed, Leighton (1871)2357-2367. Preamble of the Bill. Opinion that the Bill itself is not in accordance with the preamble, and provides no safeguards at all, Perowne (1870) 559-564, 669. 744, 745 Importance attached to the preamble of the Bill as indicating that it is the intention of the Legislature to PRE • pub 4? Reports, 1870, 1871— continued. Preamble of the Bill— continued. to maintain religious instruction and worship, Cookson (1871) 1 9-2-194 Exception taken generally to the enacting clauses of the Bill as not coinciding witli the preamble, f tests will not affect religious teaching in the University or colleges ; it may be said, however, that there is now no religious teaching which is compulsory, Har tog (1871) 1242-1249 Statement as to witness having experienced no difficulty in leaching a common Christianity to students of different religious bodies ; difficulty in the case of Unitarians, Angus (1871) lgio-'S 1 ^ Grounds for the conclusion that it is impiobable in the extreme that, under the Bill, the majority of the governing body of any college at Oxford would sanction anti-religious teaching, or teaching opposed to that of the Church of England, Roundell (1871) 1441, 1442. 1470-1475 Dissent from the view that if the tests be abolished, and if the governing body of any college be composed of peisons of different religious denominations, the present college lectureships will no longer be maintained, ib. 1465-1475 Belief that the great majority of the better men at Oxford are reverential and well disposed towards religion, and that the tendency of the place is not to bring about a state of unbelief, ib. 1489. Conclusion as to the advantage, on the score of religion, by the admission of a large number of Dissenters, Roundell (1871) 1490. 1531, 1532; Appleton (187 1) 1581-1589; Jowett (1871) 3229; Stoughton (1871) 3382. 3391, 3392 Opinion that the Bill will close more controversies than it may possibly open, Roundell (1871) 525. Several safeguards already existing for the continuance of religious education and religious influences, Appleton (1871) 1572 Dissent from the view that agitation and controversy would be the result of the infusion of Roman Catholics and Dissenters into the University, ib. 1580, 1581. Serious difficulty apprehended in carrying out religious education in any institution under the Government of persons of different creeds; that is, if religious education is the primary object, but not otherwise, Allon(i8]i) 2425-2431 Opinion that the repeal of tests would tend to allay controversies, and would not diminish religious influences,. Bateson (1871) 2804-2807. 2904 Impression that the religious belief of young men is strengthened rather than weakened by religious controversy in the governing body, ib. 3905-2907. Evidence to the effect that the abolition of tests would not cause any greater disturb- ance or divergence of religious opinion at Oxford than has prevailed under the system hitherto, Jowett (1871) 3017,3018.3156-3165. 3203-3206. 3224-3227 Belief that the presence of fellows of different denominations in any college would not lead to such conflict of opinion that no religious teaching could be kept up, ib. 3039. 3224-3227 Improbability of the colleges neglecting so important an influence as religion in education, ib. 3047, 3048 Conclusion that University professors not bound by tests would not go out of their way to attack either religion or the Church of England, ib. 3099, 3100. Improbability of such a conflict of opinions in colleges, tests being abolished, that religious teaching will no longer be given, Raleigh (1871) 3252-3260. 7. Objections generally to Compulsory Religious Regulations ; Disapproval of any attempted security by Act of Parliament against anti-Christian teaching by the divinity professors or teachers, Roundell (1871) 1462-1464 Conclu- sion that the interests of religion and of the Church of England can best be promoted by making the University thoroughly efficient as a place of learning and education, ib. 1526 1527- Objection to any compulsory religious instruction in the universities, Jowett (1871). 3°47- S^S-S^i Explanation that witness is desirous that there should be religious instruction, but objects to any compulsory regulations as to the kind of reh>ion taught, ib. 3178-3181. Statement that witness would not banish religious teaching from the universities, but cannot suggest any compulsory methods for securing it, Raleigh (1871) 3245. 3251.- 3 2 94-33!8— Expediency of the voluntary system being applied to religious teaching in the universities, in lieu of any system of tests, or of any enactment from without, ib. 3294— 3318- Approval of a security for religious teaching, the difficulty being as to the substitute for tests, these being objectionable, Stoughton (1871) 3383-3389. 3401-3410. Resolution* REL R o L 53 Keports, 1870, 1871— continued. Religious Teaching — continued. 8. Safeguard recommended by the Committee : Resolution of the Committee that each college shall be required to provide religious teaching for students of the Church of England belonging to the college, Second Rep. (1871) iii. b s F See also Abolition or Relaxation of Tests. Chapel Services. Church of England. Colleges. Denominational and Undenominational Colleges. Dissenters or Non- conformists. Divinity Professors. Education Act. Fellowships. Heads of Colleges. Heresy. Parents. Preamble of the Bill. Private Tutors. Professors. Public Opinion, Roman Catholics. Secular Education. Small Colleges. Statutes of Colleges. Theology. Tutors. Undergra- duates. Visitors of Colleges. Resident Fellows. See Abolition or Relaxation of Tests. Fellowships. Rolleston, Professor George, m.d. (Analysis of his Evidence — Session 1870.) — Is Professor of Anatomy and Physiology at Oxford ; took his degree in 1850; 1186-1190 Approves of the abolition of tests, but objects to the Government Bill as being founded, or as liable to be interpreted, in an anti-denominational spirit, ngi-1194. 1275-1'278. 1324-1326 Disapproves of the clause repealing " any statute or ordinance of the universities or colleges, so far as it is inconsistent with the Act," 1194. Opinion that some substitute for tests is required for the security of parents; security in the case of public schools adverted to hereon, 1195-1198. 1262. 1314 Doubt as to the Bill giving much impulse to private halls at the expense of the colleges, 1197, 1198 Tendency of the Bill to discourage parents from sending their children to colleges, 1198. 1241, 1242. Suggested adoption of a permissive clause relative to the election of tutors to the effect, that noihing in the Bill shall be interpreted as preventing the guverning body from having special regard to religious considerations in making such election ; argument in detail in suppoit of this clause, 1199-1205. 1211 et seq. Expediency of overtly throwing upon the colleges the responsibility of settling the religious character of their establishments, 1199, 1200. 1204 Advantage of the appointment of tutors resting with the whole governing body of the college rather than with the head, 1202-1207. Reference to the clause or declaration proposed by Sir Roundell Palmer, as free from two of the chief objections currently urged against tests; words of this clause, 1208, 1209. 1338 Operation in the Scotch universities of a declaration similar to that advocated by Sir Roundell Palmer, 1208 Several objections to which this declaration is open, though free from some of the objections to the present tests, 1208. 1210- 1214. Importance of reiving upon an unfettered public opinion, rather than upon tests or upon a positive enactment, as regards the religious question, 1210-1217. 1250-1254. 1305-1309 Reliance to be placed upon the honour ef individual professors or tutors in regard to anti-religious teaching, 1210-1216. 1237-1240. 1250-1254. 1336- Ground of witness's objection to the B : U that it does not give free scope to the collective opinion, or the collective conscience of each collegiate community in managing its tutorial funds, 1211, 1212. 1217-1223 Reason for not comprising university professors in the clause proposed by witness, 1212— ^Illustration of the practical difficulty of working the Scotch clause at Oxford, 1214. 1304. Expediency of each college being allowed to settle its own teaching, although thereby there might be much diversity of teaching in the university, 1216-1218- — Conclusions favourable to certain limitations upon the influence of prize fellowships, 12-24-1230. 2310-1312 Question whether, under the Bill, litigation might not arise if a fellow were passed over for a tutorship for which he was senior in succession, 1231-1236. 1255- 1259. 1290-1294. 1316-1323. Varying practice in the Oxford colleges as to attendance at chapel; preference for the systeni of voluntary attendance, 1243-1249 Belief as to the more effectual operation of the clause proposed by witness, than of Clause 4 of the Bill, as regards the religious question, 1250-1259 Decided approval of an abol.tion of tests, the evil of the present Bill being that the permissive principle .is not extended to the election of fellows, 1260- 1263 -Expediency of a power in colleges to exclude from tutorsh.ps, concurrently with the absence of tests or declarations, 1261-1263. 1273, 1274. 1316-1323- 133°, 1331- of: arismg^asTegTrdsThe chapel services through all denominations having governing body, 1265-1270. Evidence 237 — I. G 3 54 R O L R O U Reports, 1870, 1871 — continued. Rolleston, Professor George, m.d. (Analysis of his Evidence — Session 1870) — continued. Evidence to the effect that the colleges should be free to make themselves denomi- national, without being, necessarily, of the Church of England, 1268-1272. 1275-1289. 1324-1326. 1332-1335 Large influence of private tutors, there being no test or safe- guard in their case, 1295-1298 Circumstance of some colleges having recently obtained power from Government to choose persons for tutors without examination, 1297. Expected continuance, in any case, of clerical fellowships, on account of the demand for clerical heads of schools, &c, 1299, 1300. 1327-1329 Difficulty of entirely ex- cluding religion fiom secular teaching, 1301-1303 Disapproval of tests for governing fellows, the only security required being to empower the colleges to elect with reference to rtligious considerations, 1310-1322. Approval of the proposed clause being so modified as to include the idea that it should be the duty of the colleges to elect tutors with reference to religious qualifications, 1337- Roman Catholics. Question considered as to the efficacy of tests for the exclusion from fellowships and from Convocation of persons who have joined the Church of Rome, Chase (1870) 412-414 Improbability of Roman Catholic instruction being established in any college, Perowne (1870) 697. 725, 726 Grounds for concluding that a Roman Catholic majority in any college is very improbable for a long time to come, Lightfoot (1870) 1153- 1160. Exception uiken to the provision by which fellows might be in holy orders of the Church of Rome, Cookson (1871) 203. 254-259 Under the Bill of 1870, there was nothing to prevent those who had gone over to the Church of Rome from becoming a very important body in the University, ib. 225, 226. Great improbability of the governing body of any college, in the absence of tests, being able to introduce Roman Catholic <>r Baptist teaching, Roundell (1871) 1535-1540 Doubt as to Roman Catholics going largely to Oxford, tests being abolished ; improbability of their being allowed to go by their authorities, Appleton (1871) 1577, 1 578. 1590, 1591 Discouragement by Roman Catholics in Germany of the mixture of Roman Catholics and Protestants at the same universities, ib. 1597-1600. Disapproval of tests even though their removal may admit Roman Catholics into the governing body of the universities, Reed (1871)2657-2662 -Indisposition on the part of Rurnan Catholics to come to Cambridge, Bateson (1871) 2841 Attendance of Roman Catholics at Oxford at their own chapels ; these students are not numerous and cause no interference with discipline, Jowett (1871) 3149-3154. Roundell, Charles Savile. (Analysis of his Evidence — Session 1871.) — Is a non-resident fellow of Merton College, 1412,1413 Is strongly in favour of the removal of University Tests, 1414-1416' Is also strongly opposed to theclerical restrictions upon fellowships, as frequently necessitating the choice of men of inferior intellectual qualifications, and, therefore, of ;.n inferior class generally, 1417--1428 -Contends that the restrictions upon fellowships are distinctly injurious to the interests of the Church, 1419-1421. Objection to the system of tests, as unjust to Dissenters as well as on other grounds, 1429 Expectation that in the appointment of Divinity professors or religious teachers, public opinion will be a sufficient security against the appointment of persons holding anti-Christian views, 1430-1438 Limited influence of college tutors over the religious views of the students, as compared with the influence outside the college or University 1439,1440. Grounds for the conclusion that it is improbable in the extreme that, under the Bill, the majority of the governing body of any college at Oxford would sanction anti- religious teaching, or teaching opposed to that of the Church of England, 1441, 1442. 1470-1475 Statement as to the maintenance of the Church of England services in the college chapels being sufficiently provided for by the Act of Uniformity and by the college ordinances, 1442-1453. 1558-1565 Obstacles to an alteration or repeal of the college ordinances on account of the necessity of the consent, most probably, of the visitor, and certainly, of the Privy Council, 1452, 1453. 1558-1565— Non-objection to a special provision for the maintenance of the chapel services, 1454. Decided objection to the former Bill for the permissive abolition of tests, 1455-1457 ——Injurious effect of the controversial element being introduced into the election for fellowships in any college 1456-1458 Inexpediency also of relegating to the fellows the question whether the head of the college should be a member of the Church of England tr the question of clerical fellowships, 1459-1461, ' Objection to any attempted security by Act of Parliament against anti-Christian teaching by the Divinity professors or lecturers, 1462-1464 Conclusion as to the efficiency of the operation of public opinion as a check upon anti-Christian teaching, 1464. 1475 Dissent from the view that if tests be abolished, and if the governing Dreint «SL?T be composed of persons of different religious denominations, the present college .ectureships will no longer be maintained, 1465-1475. Analysis ROU S A F 55 Reports, 1870, 1871 — continued. Roundell, Charles Savile. (Analysis of his Evidence — Session, 1871) — continued. Analysis of the residents' petition from Oxford in favour of the present Bill, showing a large majority of the resident fellows and'tutors in support of the abolition of tests, J 476, 1477. 1500 Report of the Commission of 1852 adverted to as showing, that under the operation of tests, theological teaching at Oxford has been far from efficient, 1478-1485 Approval of a provision that divinity professors must be persons who have taken some orders in the Church, i486, 1487 Contemplated provision by the colleges not only of the chapel services but of lectures in divinity, 1488. Belief that the great majority of the better men at Oxford are reverential and well dis- posed towards religion, and that the tendency of the place is not to bring about a. state of unbelief, 1489- Opinion that an influx of Dissenters into the universities would be the best safeguard for the maintenance of religious influences, 1490. 1531, 1532 Beneficial effect anticipated as regards morality by an influx of Dissenters, as coming from more frugal homes, ib. Unmixed good by the admission of unattached students, ib. Feeling of bitterness being created towards the Church and towards religion by the continuance of tests, 1491 Grounds of objection to clerical fellowships further adverted to, 1492-1494 -Decided feeling among the supporters of the Bill that there can be no concession of the principle of abolition of tests, 1495 Terms of the petition by the residents at Oxford in favour of abolition, 1497-1499 Larger scope for objection to the subscription to the Thirty-nine Ai tides than to a declaration of membership of the Church of England, 1501-1504. Decided objection to retaining the tests in some colleges and abolishing them in others : effect of such distinction to flood the former colleges with inferior men, 1505-1509 Argument that the university is primarily a place of learning and education, and that the Church of England only comes in secondarily, 1510-1513. 1526 Circumstance ol the colleges being spoken of in the statutes as places of " religion and learning," 1511-1513 Belief that in the election of fellows the controversial element in colleges is not likely to be increased by the abolition of tests, 1514-1517. Expediency of at once settling the question of tests, and of dealing separately and subsequently with clerical fellowships and other questions, 1518-1524 Importance of limiting the sinecure fellowships, and of introducing as a rule the terminable principle, 1523 Opinion that the Bill will close more controversies than it may possibly open, 15 2 5 Conclusion that the interests of religion and of the Church of England can best be promoted by making the university thoroughly efficient as a place of learning and education, 1526, 1527 Great improbability of the education in the university being narrowed by the influence of Dissenters or others, 1528-1530. Advantage to the university by the accession of a number of young men of limited means rather than by the accession of the sons of the plutocracy, 1531-1534: Uselessness of the Ar icle lecture given in colleges as a means of religious instruction, 1541-1543—— Disadvantage experienced in the case of Merton College by reason of the clerical fellowships, 1544- 1548. Reference to the Divinity professorships as being expressly excepted from the Bill iwq, 1550 Power of the colleges to appoint Divinity lecturers, 16. further explanation on the question of the maintenance of the chapel service, this .being ;one of .the safeguards approved by witness, i 55 o-i553. 1557-1565— Conclusion that ^ ^.pous teaching in any college is not likely to be so relaxed that parents wou d object to sending their sons there, 1554-1556 Preponderance of the + Church of Eng and at the Univer- sities so long as it is the Established Church, irrespectively of tests, 1557- Further statement that witness would prefer to forego the Bill for the presen^ ijther than sanction any abandonment of its principle, or consent to the adoption of a ™* Jed test • similar feeling of the supporters of the Bill generally, 1566-1570-— P ' ^ h ty ot a majority of the members of congregation at Oxford having pet.tioned against the Bill, 1570. -Rn.Un Mr Lecturer, of Mr. Ruskin (as Slade Professor) adverted to as having included, references to dogmatic questions in large numbers, Chase (1870) 29-33. 384-386. 56 S A I S c Reports, 1870, 1871— continued. St. John's College {Cambridge). Total of fifty-six fellows of the college, all the fellowships being now held under the same conditions, Batesnn (1871)2794,279,5 Three different declarations made by the fellows ; difficulty caused by one of these, affirming the inspira- tion of the Scriptures, ib. 2796-2798. 2899-2902 Practice as to the attendance of Nonconformists at the chapel service in St. John's, no difficulty having ever been raised; contemplated relaxation as to attendance, ib. 2809-2812. 2833-2836. 2839-2849 ■ Nature of the powers of the visitor of the college, and extent of his interference ; he has no control over alteration of the statutes, ib. 2822-2832 Proportion of clerical fellows in the governing body ; relaxation of the requirement as to holy orders, ib. 2864-2868. St. Peter's College {Cambridge). Practice in St. Peter's College in selecting fellows with direct reference 10 their intellectual qualifications, Cookson (1871) 244-246. Scholarships (Cambridge). Statement as to all prizes and scholarships at Cambridge, except the Bell Scholarships, being open to undergraduates without tests, Perowne (1870) 542- 547- Scotch Universities. Operation in the Scotch universities of a declaration similar to that advocated by Sir Rounded Palmer, Rolleston i'1870) 1208. Better relation of the Dissenting bodies in Scotland than in England, to the Established Church, through their common education at the same universities, Jowett (1871) 322g. Scott, The Very Reverend Robert, d.d., (Dean of Rochester). (Analysis of his Evidence — Session 1871.) — Was master of Balliol College for about sixteen years, 1 Important control exercised over the appointment of tutors of any college by the college meeting, though the actual appointment rests with the head of the college, 3-20 Power of the college meeting to withhold payment of any tutor, 5-13 Practice generally to select the tutor from the college, 15-17 Selection, generally, of the master of the college by the college meeting, 21. 96. Power of the college meeting to overrule the master with respect to the chapel and the college service, 22-25 Power of the visitor to interfere as regards the chapel, the visitor being, however, appointed by the college meeting, 23-30 Belief as to its being optional in the college meeting to appoint either a clerical or lay visiior, 31-34 Diffi- culty of interference by the head of the college with the tutors in regard to the course of lectures, 35. Different practice in different colleges at Oxford as to the assignment of pupils to the tutors, the emoluments not depending upon the pupils assigned, 36 Practice in Balliol College in regard t<> a catechetic lecture, and certain other lectures, independently of control by the college meeting, 37-39 Doubt as to there being a power in the head of the college to remove a tutor, 40, 41 Power of the university to remove a tutor or a member of any college for open heresy, 42-51 Power of the visitor as to the enforce- ment of the statutes, and the sanction of rules and bye-laws, 52-54. State of public opinion in the university and in the colleges adverted to as likely to render useless the insertion of any provisions in the Bill for the protection of religious education, 55-62. 77-82. 172-178. 186 Permanent non-residence of one of the fellows of Balliol, another being temporarily non-resident, 63, 64 Doubt as to any advantage in a proposed clause to the effect that no person in his public capacity shall say or do anything to impugn the Christian faith or the authority of the Scriptures, 65-68 ■ Approval of a recognition in the Act of religious character as one of the elements of fitness for the position of tutor, 69-73. Probability of the college being able to carry its own views against those of the Uni- versity upon the question of a diminution of religious teaching, 74-76 Regard had chiefly to intellectual qualities in the election of bellows, 83-87 — -Advantage in some respects, if it were provided that the head of the college should be a member of the Church of England 88-103 Approval of its being left to each college to decide whether it should abolish the tests, and throw its fellowships open, 104-111. 133-135. Less danger in relieving prize fellowships from restrictions, than those fellowships which are offices of trust; difficulty, however, of retaining restrictions in .he latter case, 112- , i8 Opinion favourable to a distinction beteween endowments, dating from before the ™hhcTS , !?/ " T m ° der J n datS ' n 9" 12 5 Probablf assimilation of public opinion in the different colleges under a system of free election, 126 Proba- cies, 1% 132 ° n * *** ~§ fello - h 'P* to be .till more sought 'for in particular A^^^s^^s: *f ?? 8 of % A ;r ]es t T ld be expun = ed restriction upon the ^ointment of'tuS rs^tifheadf o77o^tUt?50— 1 '^Sd d.scont.ouance of the clerical fellowships as a result of the aUtl of tests, 15^ 153 —Difficulty in removing entirely from the colleges, and placing in the unive «,tv the fhan "in S,« cn/T **?£**■ ^4-^6— Less difference to" be caused m BalUol College than in othei colleges at Oxford, by the removal of tests, 159, 160. S Important SCO S T A 57 Reports, 1870, 1871 — continued. Scott, The Very Rev. Robert, D.D. (Analysis of his Evidence — Session 1871) — continued. Important safeguard by providing that those who are now in holy orders by statute, „: — i,„„j„ „#■ — it„~~„ „u„..ij „„„*;„„„ *« i,„ „~ -.a-, iR^ Expediency also of pro- Consideration of the probable effect of public opinion in the country upon that in the colleges and the universities, as regards the question of religious tests, 172-185— — Importance attached to the views of persons who send their children to the universities, 179-1 85 Inexpediency of abandoning all attempts to provide security for the religious charcter of university education, 186, 187. Secular Education. Difficulty of drawing a distinct line between the theological and the secular education in the Universities, Chase (1870) 184-186 Difficulty of entirely excluding religion from secular teaching, Rolleston (1870) 1301-1303. Great value attached to the religious teaching of students in colleges generally, as com- pared with an exclusive system of secular teaching, Angus (1871) 1332-1338- — Con- templated use of the universities mainly for the imparting of secular instruction, the religious teaching being left to voluntary action elsewhere, Raleigh (1871) 3283, 3284. 3318. Senate (Cambridge). Probability of much complication and strife, if Dissenters should have a vote upon all questions which come before the senate at Cambridge, Perowne (1870) 424, 425 Great evil if a majority of the senate, adverse or indifferent to the Church of England, were to regulate the studies for candidates for holy orders, Cookson 0870 263-267- Very mild test for the Senate House at- Cambridge, a declaration ot membership of the Church of England being alone required, Thompson (1871) 944, 945 Decided objection to the senate being empowered to control the colleges m the matter of religious teaching ib. 1001-1004 Probability of the ™*torto*«**** Cambridge being generally looked upon as a mere form, and having little efficacy, xb. 1064-1066. Senior Wranglers. Conclusion as regard the exclusion of some senior wranglers from fellowships, that any hardship thereby is small as compared with the evil of an abolition oftests,Perowwe (1870) 832, 833. . Witness, who was senior wrangler in 1869, has been prevented by the tart. &r*yi|* for a fellowship and several other senior wranglers have been restrained in the same way, Hartot O871 1226- 231 Statement to the effect that witness would assuredly have 2S C afcilo^p a?Trinitybut for his objection to take the test, xb. 1 287-1289. Return showing that four senior wranglers have been excluded by tests in the years 1860-71, App. (1871) 337- Slade Professorship. Reference to the Slade Professorship held by Mr. Ruskin, as one not affected in any way by the Bill, Chase (1870) 304-306. _ ,• ,. ,ii,„ r;h ,„;n 8 k nw its effect chiefly in the smaller colleges, Small Colleges. Expectation that the Bil f ^"^Jf^i f tests would have a Lightfoot (1870) "46-1153— Way m which ^ g } fl 6 7 8— The ;&=^^^ order t0 car, ' y educati0Q on ' lh - ^Apprehended discord in small colleges ^^^^^^S^ Bi/b^sedinitsp^ of a tutor in a small college tor . ^ ,S '"S A Injurious effect of the Bill upon the the undergraauat jj . J. . Jfi^ 1 ^^ therei „, Waraker (1871) -04. smaller colleges and toeielig becoming denominational, if tests be Probability of some of the sma 1 ler coU ge s g a8 o6 ,903 abolished ; witness would see no evil in tni , / ^ taking proper 654. 679. Pamhridcre if alteration of the 237—1. 58 ST A STO Reports, 1870, 1871 — continued. Statutes of Colleges — continued. Disapproval of the clause repealing " any statute or ordinance of the universities or colleges, so far as it is inconsistent with the Act," Rolleston (1870) 1194. Power of the colleges at Cambridge to alter their statutes by appeal to the Queen in Council, without any reference to the visitor, Cookson (1871) 232-234 Disapproval of the safeguards provided by the Bill, as resting upon college or university statutes,, which may at any time be altered by a majority of the college or senate, subject to the approval of the Queen in Council, Stokes (1871) 327-334 Several objections to the consent of the visitor being required before any alteration can be made in the statutes, *&• 337*339 Objection to a suggestion that the consent of the university at large be required before any change of the statutes, ib. 340-342 Possibility under the Bill of the statutes of a college being altered, if there were at any time a large influx of the Nonconformist element, ib. 385. 396-406. Obstacles to an alteration or repeal of the college ordinances on account of the ne- cessity of the consent, most probably, of the visitor, and, certainly, of the Privy Council, Roundell (1871) 1452, 1453, 1558-1565 Limited reliance to be placed upon the security afforded by the college statutes, as they are easily altered, Leigkton (1871) 2263. 2299-2309. Resolution of the Committee that no change shall be made in the qualifications required for headships and fellowships by statutes and ordinances, except by authority of Par- liament, Second Rep. (1871) iii. See also Colleges. Commission. Stokes, Professor George Gabriel. (Analysis of his Evidence — Session 1871). — Is Lucasian Professor of Mathematics at Cambridge, and is a fellow of Pembroke College, 326 Disapproves of the safeguards provided by the Bill as resting upon college or university statutes, which may at any time be altered by a majority of the college or senate, subject to the approval of the Queen in Council, 327-334 Considers that the safeguards to be provided should be embodied in the Bill itself, 335, 336. 360. 390 Submits several objections to the consent of the visitor being required before any alteration can be made in the statutes, 337-339 Is also opposed to a suggestion that the consent of the university at large be required before any change of the statutes, 340-342. Statement in approval of a scheme, which has been accepted by a considerable number of the Cambridge residents, whereby religious tests should not be relaxed in the case of a head of a college, a tutor, a dean, a chaplain, or a lecturer on theology, 343-352. 360. 39 J -395- 427-437 Feeling of witness that some change is inevitable, though he dis- approves of the alteration proposed by the Bill, 343. 448-450 Contemplated relaxa- tion of tests in the case of fellowships to which emoluments without duties are attached 343. 346. 427-430. ' Great difficulty in putting restrictive laws in force for controlling the teaching of any person appointed, 353~359 Possibility, under the Bill, of anti-religious teaching in a college, without the undergraduates being able to escape from it, 361-360 Expe- diency of safeguards for securing that the tiulsean and Norrisian professors as well as other professors and lecturers, are members of the Church of England, S70-S74 416- 42 f 3 1 IT lblht y °f a com P lete change being made in the college services, unless some safeguard be provided ; suggestions on the subject, 375-380. Approval of a conscience clause in the Bill, by which students might be allowed by the college authorities to absent themselves from lectures, 381-384. 457-461 Possibilitv under the Bill of the statutes of a college being altered, if there were at any time a large influx of the Nonconforms element, 385. 396-406 Probable permanence of the pro- posed regulation for continuing the tests in the case of tutors and others, 385-395. Value of tests as a check upon persons holding opinions adverse to the Christian reli g.on, 402-404. 409, 410 424-426; Objection to certain colleges being made undel nommational and some denominational, though this plan would reflect to some extenUhe difference of rehgious opinion m the country, 407-4 ,5 Exception takenTo the system of non-resident fellows, 488-430— -Way in which irreligious teaching in any coK would be more feasible under the Bill than at present, 438-447. h Y g Opinion that non-resident fellowships should be terminable, irrespective of celiha™ 451 Objection to resident fellowships being terminable, zl— PrSfce o visitors not 10 exerc.se their powers of mqu ry, unless special complaints be made, 452-4S— Inexped.encyofmeremtenectual d.stinction entitling any man to share in the Govern mot of a college, 462-466— Several alterations desirable as rega^s the tenure of ellowships ,467-470 Advantage of at least one tutor being requfred to reside w thL SllTh" *> e ^ ch f colle g e '47i-473--Impo«ance of its bein| expressly sSS m the Bill that its object was to promote the usefulness of the universities and colleges as places guard STO T H O 59 Reports, 1870, 1871— continued. Stoughton, The Rev. John, D.D. (Analysis of his Evidence— Session 187 1)— continued. guard against theological error, 3321-3332 Existence of a trust deed in the case of each college, containing specifications of the truths to be taught; no subscription is re- quired either from a professor or a student, 3322, 3323 Requirement that each student must be a member of a Congregational Church, and must come with the recommendation of his pastor, 3322. Particulars relative to Coward's Trust; important distinction drawn between this trust and a college at Oxford or Cambridge, 33 2 3~333 8 Powers of the trustees of Noncon- formist colles.es to prevent objectionable teaching by the tutors, 3330-3332 Advan- tages of colleges at Oxford and Cambridge in a national sense, as compared with the advantages of the voluntary system of Nonconformist colleges ; question as to the right of Parliamentary interference with the endowments in the former case, 3333-3350. 3393-3397. Conclusion ad veise to the present system of tests at the universities; inability, how- ever, of witness to suggest any efficient substitute for the maintenance of religious educa- tion, 3343 et seq. Safeguard by means of public opinion, 3369-3372. 3389 Ex- pected large increase of Nonconformists at the universities, if tests be abolished ; separate theological teaching of these apart from the universities, 3373-3377. Reason for Parliamentary interference with endowed colleges at the universities, which do not apply to theological halls or colleges supported by Nonconformists, 3378-3381 Beneficial influence in a religious sense of an increased accession of Dissenters to the universities, 3382. 3391, 3392 Approval of a security for religious teaching, the diffi- culty being as to the substitute for tests, these being objectionable, 3383-3389. 3401- 34'°- Belief that the Bill will eventually tend to promote the interests of religion, 3390 Admission that post- Reformation endowments do not stand in the same category as pre- Reformation endowments, and that some argument exists for a separate representation of denominationalism, 3393-3400 Failure of tests to accomplish their object, men having various ways of getting out of them, 3407-3409. T. Theology. Tendency of the Bill to make the theological students more sectional and narrow, Chase (1870) 280-285 Difficulty in removing entirely from the colleges and placing in the university the power of theological teaching, Scott (1871) 154-156. Obstacle to retaining the voluntary theological examination at Cambridge if the govern- ing body were not required to be members of the Church of England, Cookson (1871) 260-262 Improbability of the council at Cambridge containing a large number of persons undesirable as electors of a theological professor, ib. 290-293. Importance, in a national sense, of the study of theology being carried out at the universities, and being subject to salutory restrictions, Ince (1871) 1776-1781. Opinion as to the expediency of the same latitude and freedom in the examination of facts and opinions in theology as of other facts and opinions, Jowett (1871)3065-3069. See also Divinity Professors. Religious Teaching. Thirty-nine Articles. Objection chiefly to the test of the Thirty-nine Articles i^Aj/boi (1870) 1047, 1048 Expectation that if tests are abolished the teaching of the Articles would be expunged from the university examinations, Scott (1871) 136-145. 157. 1 5&— Larger scope for objection to the subscription of the Thirty-nine Articles than to a decla- ra.bn of membership of the Church of England, Roundell (i8 7 i) ^-^—Bene^ working of the present tests, though the witness would be content with a much wider test than that of the Thirty-nine Articles, Woollcombe (1871) 2007. See also Abolition or Relaxation of Tests. Thomson the Rev William Hepworth, D.D. (Analysis of his Evidence-Session 1871.) 944, 945— Relative efficiency ot * he test " a8 Doubt as to the necessity or hold bg no distinct form of beliet, 940-957- 1U1 9 ' u *° , j n „ tr ; nps hostile to the in favour of the Bill, 900 vx)m,iu».uii ni . nnP rtv 0.67-Q74. 1046-1050 security of the university h»t.taUon. and of ^ ege \^^J ^J e c J Mates Evil of the present system as causing the f.equen J « c ™^ any test n fe ii ows for fellowships and professorships, 974, 975 Opini. m adverse wj * . v or tutors ; absence of any test for the latter at Cambridge, 976-98Q. Approval cf a direction to the electing body to be governed by religious consideiat.ons 237—I. 1 60 THO TRI Reports, 1870, 1871— continued. Thompson, The Rev. W.Hepworlh, D.D. (Analysis of his Evidence— &ess. 1871)— voM d - in their election of fellows; ihe term "Christian religion " might be used in the direc- tion, 978, 979. 990-992 Absence of theological differences in the lecture-room at Cambridge ; statement hereon as to the power of the college authorities to take action in case any lecturer or tutor abused his position, 981-989. 1097-1100 Apprehended agitation on the part both of resident and non-resident fellows in the event of optional tests, 993-1000. 1111, 1112 Decided objection to the senate being empowered to control the colleges in the matter of religious teaching, 1001-1004. Growing spirit of liberal intoleiance in the University of Cambridge, the continuance of tests tending 10 foster such spirit, 1005-1007 Information relative to the visitorship of Trinity College; exceptional occasions on which the visitorial power is exercised, 1008-1018 Explanation on the subject of religious study at Cambridge and the books used ; there is nothing analogous to the Oxford Divinity school, 1029-1035 Statement as to the choice of books at Cambridge resting with the examiner, and as to the particular books used by the students in the Moral Science examinations, 1036- 1045. Further evidence as to many persons being excluded from fellowships and emoluments by the tests required to be taken, 1050-1057 Inconvenience and objection to which the system of non-resident fellows is open ; restriction desirable as to the tenure of lay fellowships, 1058-10G3. 1112, 1113 Probability of the test for the senate at Cambridge being generally looked upon as a mere form, and having little efficacy, 1064-1066 Improbability of the Bill tending to cause an abolition of university sermons or Divinity lectures at Cambridge, 1067-1077. Tendency of the tests to excite in some minds a feeling of hostility to the Church of England, 1078-1080 Conclusion as to the inexpediency generally of tests, though in the case of a Divinity professorship a test may be desirable, 1081-1090 Statement as to the Divinity professors at Cambridge being all in Holy Orders, 1090-1093 Im- portance attached to the requirement that many headships of houses must be held by clergymen, 1093-1096 Improbability of the Bill preventing religious fitness being considered by the electing body in the case of fellowships, 1101-1111. Further statement as to the probable differences between resident and non-resident fellows if the abolition of tests by colleges were optional, 1111-1116 Great incon- venience in making some colleges denominational and some undenominational, 1117, 1118 Decided objection to any distinction by the Bill between pre-Reformation and post-Reformation colleges at Cambridge, 1119-1 121 Satisfaction expressed with the Bill in its present shape, 1122, 1123 Very little safeguard by the provision that in the election of fellows reference be had to the university as "a place of religion," &c, 1124-1129. Explanation and approval of the practice at Trinity as to the fellows being obliged to take Holy Orders at the end of seven years ; exception made in the case of thoss holding certain officew, some twenty in number, 1 130-1 137. Tractarianism. Circumstance of the existence of tests at Oxford not having prevented serious divergence of opinion within the Christian body, as in the case of the Traciarian movement, Chase (1870) 323-329. 344-346. Trinity College (Cambridge). Appointment to college livings in Trinity by the master and eight senior fellows, Lightfoot (1870) 853 Practice in Trinity for the" master and eight senior fellows to appoint the college tutors; appointment formerly by the master only, ib. 864. 970-972 Question considered whether if tests be abolished there will not be danger of a majority of the eight senior -fellows of Trinity being Nonconformists, ib. 865-869 Lapse of many years before a removal of tests could seriously affect the constitution of the seniority of Trinity, ib. 899-901 Checks upon a Nonconformist or anti-Christian majority of senior fellows overthrowing all securities for religious educa- tion, ib. 902-908. Examination for fellowships of Trinity, and the election of fellows, by the master and eight seniors, Lightfoot (1870) 917-921 Opportunity, by an alteration of the statutes.of Trinity, for preventing the action of a majority of the senior fellows in a sense contrary to the Church of England, ib. 970-977. 1016 Majority in Trinity College m favour of the Bill, or some measure like it, ib. 1011, 1012. 1124. Rule in Trinity as to fellows holding offices, or resigning their fellowships after a certain time, rf not in Holy Orders, ZwMiw* (1870) 1017-1019. '073-1075 Separate test imposed upon every fellow of Trinity by college statute, ib. 1045, 1046 1040 About halt the fellows are non-resident, ib. 1 162. — -explanation and approval of the practice at Trinity, as to fellows being obliged to lake Holy Orders at the end of seven years; exception made in the case of those holding certain offices, some twenty in number, ib. 1 1 30-1 1 37. Tutors : TUTORS. 61 Reports, 1870, 1 87 1 — continued. Tutors 1. Present Regulations as to the Appointment and Control of College Tutors. 2. Nature of the Influence of Tutors in. regard to the Religious Opinions of the Undergraduates. 3. Clause suggested by Professor Rulleston relative to the Election of Tutors. 4. Suggestions generally relative to the Appointment of Tutors, and the Question of a Test. 1. Present Regulations as to the Appointment and Control of College Tutors: Power of the heads of colleges at Oxford as to the appointment of the college tutors, certain conditions being prescribed by the university statutes, Chase (1870) 52-63 Means of the university, and of the heads of colleges, lor exercising a restriction upon the tutors' lectures, ib. 70-73. Powers of the heads of colleges at Cambridge as to the appointment and removal of college tutors, Perowne (1870) 453-461. 464, 465 -Supervision by the master of the college over the character of the tutors' lectures, ib. 462-465. Important control exercised over the appointment of tutors of any college at Oxford by the college meeting, though the actual appointment rests with the head of the college, Scott (1871) 3-20 Power of the college meeting to withhold payment of any tutor, ib. 5-13 Practice generally to select the tutor from the college, ib. 15-17- Difficulty of interference by the head of the college with the tutors, in regard to the course of lectures, ib. 35 Different practice in different colleges at Oxford as to the assignment of pupils to the tutors, the emoluments not depending upon the pupils assigned, ib. 36 Doubt as to there being a power in the head of the college to remove a tutor, ib. 40, 41. Further statement as to the restriction upon the appointment of tutors by the heads of colleges at Oxford, Scott (1871) 146-150 Power of heads of colleges as to the appointment of tutors, the amount of pay being decided by the colleges, liice (1871) 1691-1694. 2. Nature of the Influence of Tutors in regard to the Religious Opinions of the Undergraduates : Considerable facilities of the tutors for acting upon the religious opinions of the under- graduates, Chase (1870) 64-99. 369-375 Opportunities of the college tutors for "influencing the students in a religious sense, especially in the smaller colleges, Perowne (1870)470-475. • , . Great influence of college tutors with their pupils, it bemg very essential in their case that the tests should involve a declaration of conformity to the Liturgy of the Church ot England, Mansel (1871) 845-851. 870. 901, 9°^ Considerable power of tutors oyer the religious teaching in their colleges, by reason of their personal influence with the students, Lice (1871) 1606-1609. Respects in which the college tutors exercise much more influence than the private tutors, especially in small colleges, Campion {1 871). 1859-1 861 1 9"-'9i6---Influence of co lege tutors otherwise, as well as by means of lectures, Woollcombe (1871) 2026-2028 Evil likely to result at first from the influence of individual teachers ; power as to the removal of tutors adverted to hereon, Leighton (1871) 2285-2287, Cue taken by tutors not to teach anything contrary to the Christian religion, nor to inculcate their views in the shape of religious doubts, and difficulties, Appeton 1871) S^Sq sS-544 Ver * Htt1 ^ °PP° rtunit y of college tutors for affecting the relig.ou £ £ t t\£%t miml« ITartLi 1871I T 12^4-1257 Limited influence of college tutors ove, f£ t^iZtws a oftneltu ) de 1 nt 5 s : as Compared with the influence outside the college or university, Roundell (1871) 1439, '44«- " 3 Clause suggested by Professor Rolleston relative to the Election of Tutors ■ tZ tZ Go r-S choose persons fo, tu.ors without e— on, .i. * Advau.agt" * ™ M , of stil! refining •"££%?£$££?* difficulties in the „»y,.£Wo«H.870) ^"^^XtSe than with. tie head, tutors resting with the whole governing uody of the college ratnei iu«u w B»Itafc»(i87<»'»°»-i«»7- . 237 — I. ' 2 r 62 TUT UNI Reports, 1870, 1871— continued. Tutors — continued. A. Suggestions generally relative to the Appointment of Tutors, ^.-continued. Approval of a recognition in the Act of religious character as one of the elements of .rtpyiuv.ii iy- B o„„H/,a-i\fin.nQ ADDroval of a clause in the Bill fitness for the position of tutor, Scott (1 871) 09 73- fl PP r ™' " , ■ , ta of the that in the election of fellows and tutors, special regard be had to t"^ sts colleges as places of religion, learning, and education, Cookson (1871) 2*7-229. ' Evidence in favour of a scheme for continuing the tests for tutors and ^"^jj for all fellows, Stoke. (1871) 343-35"- 3Q1-386- 4*7-437 ^Ette of at lea t° one test not being relaxed in the case of tutors, ib. 346-348; Advantage ot at least tutor being required to reside within the walls of each college, ib. 471-473- Special importance of insisting on a test in the case of tu.or fellowships, Liddon (1871) 8^— QueLn as to its beinf advisable, in lieu of tests, to ^^\^J^ ^ teaching to be given, Harlog (.871) 1250, 1251 Pnn»iy ^^^ Xi Christian teachers, this being a desideratum which cannot be secu. ed by te ts Angv* (l8 , n !,o6 iW 1071. 1400-1405 Further statement that the main thing wanted L Aucce^sionof Chrisuan and earnest teachers, and that these cannot be secured by any form of .test. ib. 1400-1404. Grounds for objecting to any interference with the right of the colleges to impose conditions or tests in the appointment of tutors, Ince (1871) 1717-1719- l ft 1 "^ — Advantage under the Bill, if there were in every college at least one tutor who is a churchman, Atkinson (1871) 2942. 2978. 2987. Approval of Divinity tutors being paid out of the general tutorial fund of the colleges for such teaching as might be required of them, Jowett (1871) 3093-3098— -Advantage of college tutors, as religious teachers, being partly dependent on their pupils for remune- ration, ib. 3121-3124. 3179. Expediency of a power in colleges to exclude from tutorships, concurrently with the absence of tests or declarations, Rolleston (1870) 1261-1263. 1273, 1274. 1316-1323. 133°. 1331- See also Abolition or Removal of Tests. Church of England. Fellowships. Heresy. Litigation. Private Tutors. Religious Teaching. U. Unattached Students. Unmixed good by the admission of unattached students to Oxford, Roundell (1871) 1531, 1532. See also Censors. Undenominational Colleges. See Denominational and Undenominational Colleges. Undergraduates. Average age at which youn^- men come to Oxford ; special importance of the teaching at this age not being opposed to religion, Chase (1870) 215-221 Doubt as to there being any strong feeling among undergraduates at Cambridge in favour of throwing open the fellowships, Lightfuot (1870; 948, 949 Conclusion as regards the influence upon the minds of undergraduates, that the tests are not on the whole desirable, ib. 1133-1143- Expediency of considering the interests of the young men who come to the university, rather than the feelings or interests of individual teachers, Mansel (1871) 886-888. Growing feeling among the undergraduates at Cambridge in favour of the abolition of tests; result of discussions on the subject in the Cambridge Union, Hartog (1871) 1232-1239. 1272, 1273. 1277-1280 Want of interest on the part of the under- graduates upon the question of offices being thrown open, ib. 1237—1239. 1278. Inexpediency of religious controversy being brought before students on first coming to the university, Campion (1871) 1950-1952 Very injurious effect upon the religious views of the undergraduates by the introduction of fellows differing widely in religious opinions, or without any religious creed, Atkinson (1871) 2929-2934. See also Abolition or Relaxation of Tests. Anti-Religious Teaching. Conscience Clause. Parents. Private Tutors. Religious Teaching. Tutors. Union Club {Cambridge University). Nature of the questions discussed at the Union Club of Cambridge University, and of the check exercised by the Vice Chancellor; probable mischief on this score if the Bill be passed, Atkinson (1871) 2952-2954. 3000-3002. Unitarians. Reference to Unitarians as including themselves in the body of professing Christian^, Angus (187 1) 1398, 1399 Less tendency among Dissenters to Unitarianism than amon« the members of the Church of England, Appleton (1871) 1575 Approval of the introduction of Unitarians into Oxford, witness considering them to be a very religious and intelligent body of Christians, ib. 1579. ■See also Dissenters or Nonconformists. Universities. UNI WAR 63 Reports, 1870, 1871 -continued. ~~ U ZZ S T^S$2 ttfZZ^^ f? f. f^ities, and t0 pro . 2252, 2253- 2310-2318 Equd impor an C e «SZT& fe Islation ' Lei g^» (1871) untvers.ty tests as of college tes'ts, i5 (187O 2 6o 2 2 6o4 Y * ^ t0 * re,noval ^ See also the Headings generally throughout the Index ' ^oVTslf S^^^^SSTS!^ *? ° f , the U «-rsit y Reform Act the colleges, those ^870^55-260 To^EfftVT.'T ^ if ^"ty towards the clerical fellowships (n soS ^^^^^^/^ ^ V. bei„g S a meJKrtS, cl ?| n S »«Ped»nt to dhcontinue the security of hi necessity of specially requK Jhat the vt„ rT'^i l8 7°) 6 34-6.39 Doubt as to the of the durcf of ^Z,ll^^ 106?' " '^ ^ * a member ^^SlXlrN^t±[\ " ^ °*™> will not necessarily be a member of Vice Chancellor £to^fl?&££^™^ ™ se °' «"**! by the ^clerictl^^i si Sf to^t l^f T™^ *° f^ ^^ t0 *^ ^ m entofth es taLt;:,andtfs n i * IteTInd Zlaws ' ^ ,TS " 5 ^ ^ powers of the visitors of colleges a« to, thl JmJ £ *■' 5 ^ 4 Ver ^ reslr| cted colleges, Cookson (1871)? 1X2, wo 2Y. § P^f 7 J " T^ P ° WerS in different powers of inquiry unlLV-U^ ofwWn ^^T^stuZ^ the i V n SitOTiaI P ° We V nd V hG qU6Sti0n poweHs not in the Crown^l^ Difficulty as to the exercise of the power of the visitor for prevents anti-Christian tZt^'^rr 71 ^ 7 ^ l869 ' ' 8 7° Powe '-°f the visitor P of any co°lleJe to require renewal of the test, and on refusal to deprive, Leighton (1871) 2241-2244. * q See also Statutes of Colleges. W. IFflroAer ZWw, ll.d (Analysis of his Evidence-Session 1871.)— Is opposed to the whole principle of the Bill, but Bubmits sundry amendments which, if adopted will deprive it -of much of its pernicious character, 2091 et seq. Exception taken generally to the enacting clauses of the Bill as not coinciding with the preamble, 2095. 21.04. 2138. ■2155. 2180 Very little value attached to the saTeguards comprised in the Bill, 2095. 2I 55 Proposal for retaining the section of the Act of Uniformity which provides for the sole and exclusive maintenance of the worship of the Church of England in the college chapels, 2095-2099 Advantage of a positive enactment in the Bill to the foregoing effect, 2100-2103. Strong objection to the proposed abolition of all declarations, as resulting in the election of fellows of varying creeds, to the great injury of religious belief, 2104, 2105. 2108 Necessity of a declaration for all offices which take part in the discipline of the colleges, 2104. 2106 Expediency of providing that those in charge of the teaching and disci- pline should be members of the Church of England, 2107-2111 Efficiency of a declaration in excluding men of honour from offices, unless they can conscientiously concur in the terms of the declaration; illustration on this point, 2112-2114. 2190-2194. Evidence in approval of the declaration proposed by Sir Roundell Palmer for professors generally, 2115. 2140-2163 Expediency of a declaration of conformity in the case of professors of Divinity, 2115, 2116 Suggestions on the subject of Divinity professors and portion of the fellows and heads of colleges being in Holy Orders; expediency of this question not being left to university or college legislation, 2116-2126. 2151 Import- ance of Parliamentary safeguards rather than of possible safeguards to be adopted by the colleges or universities from time to time, 2117, 2118. 2204. Proposal that the status quo of the headships of colleges be maintained, 2119,. 2120 Suggestions on the subject of certain alternative qualifications other than Holy Orders, in the case of fellows and persons holding offices, 2120-2126. 2182-2186 Objection to the clause empowering young men to abstain from attending the public worship of any sect to which they do not belong ; less objection if a certain modification be introduced into the clause, 2127, 2128. 2201-2203 Expediency of its being left to the colleges to permit exemption from attendance at worship, as at present, 2127. 2 37 — *■!• I 3 Conclusion 64 WAR WOO Reports, 1870, 1871 — continued. Waraker, Thomas, LL.D. (Analysis of his Evidence — Session 1871) — continued. Conclusion as to the inadequacy of the safeguard in Section 4 of the Bill, inasmuch as the Bill will operate, indirectly, towards a disregard of religious qualifications in the election of fellows, 2129-2132 Effect of impending legislation in influencing public sentiment in favour of the line that legislation is taking, 2131. 2197. Further statement that the object of the modifications proposed by witness is to render the Bill less objectionable by bringing the enacting clauses into conformity to the pre- amble ; question hereon as to the probability of the House of Commons agreeing to such modifications, 2134-2138. 2176-2181. Argument that pre-Reformation endowments and post-Reformation endowments were equally made in favour of the Church of England, 2164, 21 6"5 Mention of three colleges at Cambridge as entirely post-Reformation, whilst every college is partly so, 2164. 2168 — —Questionable advantage of a distinct recognition of the right of the Church to the post-Reformation endowments, 2166-2168 Exemption of Durham University from the operation of the Bill if there be a clause saving post-Reformation endowments to the Church, 2169, 2170. Reference to Section 8 of the Act of Uniformity as requiring all professors and readers in the universities to make a declaration of conformity to the Liturgy of the Church of England, 2171-2175 Further approval of the test being a declaration of membership of the Church of England, 2187-2189 Question considered as to the effect of tests at Cambridge in mitigating controversy and in excluding infidelity, 2190-2196. Explanation in connection with the increase of feeling at Cambridge in favour of re- moving the tests, 2197 — — Argument that there is no more ground for complaint against a test in reference to religion than there is against a test in reference to learning and education, 2198-2200. Woollcombe, The Rev. Edward C. (Analysis of his Evidence — Session 1871.)— Is a fellow of Balliol College, and was, until lately, a tutor, 1977, 1998 Satisfactory operation of tests at Balliol; instance of this in the admission of a Presbyterian as a fellow and tutor of the college, 1979-1981.2071-2074 Less diversity of religious opinion at Balliol than if there were no tests, 1982-1988 Dangerous tendency of the philosophical studies in the final classical school at Oxford, more especially on account of the modern books now used ; expediency of the pari passu study of Christian doctrine, 1989-1995- 2075-2083. Grievance on the part of parents if, by a removal of tests, injury be done to the students in a religious sense, 1996-1998 Diminution of late years in the number of Divinity lectures in colleges; further diminution under the proposed Bill, 1999-2003. 2023-2026. Strong objection to the Bill on the score of clerical fellowships; importance of maintaining a certain proportion of these as the only security for Church of Englan d tutorships, 2002, 2003. 2040-2042 Instance of competition for a clerical fellowship, when a person of very high attainments was elected, 2004 Smaller competition for clerical fellowships, so that the term " close" fellowships is being applied to them, 2005, 2006. Great importance attached to the maintenance of the Church of England service exclusively in the college chapels; there should be an express provision in the Bill to this effect, 2007-2009. 2034-2037. 2061-2066. 2068 Great falling off in the daily attend- ance of Balliol Chapel service since it has not been compulsory ; objection to an abolition of the week-day chapel, 2010-2022. 2054-2058. 2068. Influence of college tutors otherwise as well as by means of lectures, 2026 Evil of the gradual disappearance of the college system from the university ; increase of this evil if the Bill be passed in its present shape, 2029-2033. 2050-2053. Suggestion that the Bill should provide for the clerical headship of colleges wherever it now exists, 2038, 2039 Approval of such a relaxation of tests as will admit Christian Dissenters to fellowships and tutorships, it Deing at the same time important that the test shall exclude Socinians, 2042-2049. 2089 About equal division of the residents at Oxford upon the question of tests, 2059 Beneficial working of the present tests, though witness would be content with a much wider test than that of the Thirty-nine Articles, 2067 Excellent effect, not only of the chapel services, but of the religious education generally, 2068-2070. Injustice of the Bill with reference especially to the post-Reformation endowments, as in the case of Balliol College ; claim also of the Church of England to the pre-Reforma- tion endowments, 2084-2086 Important modification of the fellowships of Balliol, it having been at one time entirely a clerical college, 2085 Reference to the question at issue as one between Christian and non-Christian teaching, witness being satisfied so long as the former is maintained, 2087-2089. INDEX REPORTS FROM THE SELECT COMMITTEE OF THE HOUSE^OF LORDS UNIVERSITY TESTS. Sessions 1870 and 1871. Ordered, by The House of Commons, to be Printed, ig May 1871. \ Price 9 d. ] 237—1. Under 8 02.- r v mfy <-*?/ mm ' "/TUUsffisa