A church dictionary

by Walter Farquhar Hook

By Canon 79. “All schoolmasters shall teach in English or Latin, as the children are able to bear, the larger or shorter catechism, heretofore by public authority set forth. And as often as any sermon shall be upon holy and festival days, within the parish where they teach, they shall bring their scholars to the church where such sermons shall be made, and there see them quietly and soberly behave themselves, and shall examine them at times convenient after their return, what they have borne away of such sermons. Upon other days, and at other times, they shall train them up with such sentences of Holy Scriptures, as shall be most expedient to induce them to all godliness. And they shall teach the grammar set forth by King Henry VIII., and continued in the times of King Edward VI. and Queen Elizabeth of noble memory, and none other. And if any schoolmaster, being licensed, and having subscribed as is aforesaid, shall offend in any of the premises, or either speak, write, or teach against anything whereunto he hath formerly subscribed, if upon admonition by the ordinary he do not amend and reform himself, let him be suspended from teaching school any longer.

“The larger or shorter catechism.”—The shorter is that in the Book of Common Prayer; the larger was a catechism set forth by King Edward VI., which he by his letters patents commanded to be taught in all schools; which was examined, reviewed, and corrected in the convocation of 1562, and published with those improvements in 1570, to be a guide to the younger clergy in the study of divinity, as containing the sum and substance of our reformed religion.—Gibson, 374.

“Shall bring their scholars to the church.”—E. 10 & 11 W. Betcham, and Barnardiston. The chief question was, whether a schoolmaster might be prosecuted in the ecclesiastical court for not bringing his scholars to church, contrary to this canon. And it was the opinion of the court that the schoolmaster, being a layman, was not bound by the canons.

“Grammar.”—Compiled and set forth by William Lily and others specially appointed by his Majesty; in the preface to which book it is declared, that, “as for the diversity of grammars, it is well and profitably taken away by the king’s Majesty’s wisdom; who foreseeing the inconvenience, and favourably providing the remedy, caused one kind of grammar by sundry learned men to be diligently drawn, and so to be set out only; everywhere to be taught for the use of learners, and for avoiding the hurt in changing of schoolmasters.”

By the 43 Eliz. c. 4. Where lands, rents, annuities, goods, or money, given for maintenance of free schools or schools of learning, have been misapplied, and there are no special visitors or governors appointed by the founder, the lord chancellor may award commissions under the great seal, to inquire and take order therein.

Whether a mandamus lieth for restoring a schoolmaster or usher, when in fact they have been deprived by the local visitors, is doubtfully spoken of in the books of common law; and the pleadings upon them seem not to touch the present point, but to turn chiefly upon this, whether they are to be accounted offices of a public or private nature.—Gibson, 1110.

Thus, in the case of The King against the Bailiff’s of Morpeth, a mandamus was granted, to restore a man to the office of under-schoolmaster of a grammar school at Morpeth, founded by King Edward VI. The same being of a public nature, being derived from the Crown.

And the distinction seems to be this: If they shall be deemed of a public nature, as constituted for public government, they shall be subject to the jurisdiction of the king’s courts of common law; but if they be judged matters only of private charity, then they are subject to the rules and statutes which the founder ordains, and to the visitor whom he appoints, and to no other.

In the case of colleges in the universities, whether founded by the king or by any other, it seemeth now to be settled that they are to be considered as private establishments, subject only to the founder and to the visitor whom he appointeth; and it doth not seem easy to discern any difference between schools and colleges in this respect.

H. 1725. Eden and Foster. The free grammar school of Birmingham was founded by King Edward VI., who endowed the said school, and by his letters patent appointed perpetual governors thereof, who were thereby enabled to make laws and ordinances for the better government of the said school, but by the letters patent no express visitor was appointed, and the legal estate of the endowment was vested in these governors. After a commission had issued under the great seal to inspect the management of the governors, and all the exceptions being already heard and overruled, it was now objected to this commission that the king, having appointed governors, had by implication made them visitors likewise: the consequence of which was, that the Crown could not issue a commission to visit or inspect the conduct of these governors. The matter first came on before Lord Chancellor Macclesfield, and afterwards before Lord King, who desired the assistance of Lord Chief Justice Eyre and Lord Chief Baron Gilbert; and accordingly the opinion of the court was now delivered seriatim, that the commission was good. 1. It was laid down as a rule, that where the king is founder, in that case his Majesty and his successors are visitors; but where a private person is founder, there such private person and his heirs are by implication of law visitors. 2. That though this visitatorial power did result to the founder and his heirs, yet the founder might vest or substitute such visitatorial right in any other person or his heirs. 3. They conceived it to be unreasonable, that where governors are appointed, these by construction of law and without any more should be visitors, and should have an absolute power, and remain exempt from being visited themselves. And, therefore, 4. That in those cases where the governors or visitors are said not to be accountable, it must be intended, where such governors have the power of government only, and not where they have the legal estate and are intrusted with the receipt of the rents and profits (as in the present case); for it would be of the most pernicious consequence, that any persons intrusted with the receipt of the rents and profits, and especially for a charity, though they misemploy never so much these rents and profits, should yet not be accountable for their receipts: this would be such a privilege, as might of itself be a temptation to a breach of trust. 5. That the word governor did not of itself imply visitor; and to make such a construction of a word, against the common and natural meaning of it, and when such a strained construction could not be for the benefit, but rather to the great prejudice, of the charity, would be very unreasonable; besides, it would be making the king’s charter operate to a double intent, which ought not to be. And the commission under the great seal was resolved to be well issued.—2 P. Will. 325.