James Edward Geoffrey De Montmorency.

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THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES



Ex Lihris

SIR MICHAEL SADLER

ACQUIRED 1948

WITH THE HELP OF ALUMNI OF THE

SCHOOL OF EDUCATION



cL



iC^X-..i



State Intervention in
English Education



itouDon: C J. CLAY and SONS,

CAMBRIDGE UNIVERSITY PRESS WAREHOUSE,

AVE MARIA LANE.

tSlagQoto: 50, WELLINGTON STREET.




leipjig: F. A. BROCKHAUS.

(fieto l3orh: THE MACMILLAN COMPANY.

eomban 5; OTnlcutla: MACMILLAN & CO., Ltd.



[All Rights reserved.]



State Intervention in
English Education

A Short History from
the Earliest Times down to 1833



by

J. E. G. DE Montmorency, b.a., ll.b.,

of St Peter's College, Cambridge,
and of the Middle Temple, Barrister-at-Law



CAMBRIDGE:

at the University Press.
1902



" Mais a la verite je ny entens sinon cela que la plus
grande difficulte et importance de I'humaine science seinble
estre en cet endroit ou il se traite de la notirnture et
institution des enfans."

Michel de Montaigne k Madame Diane de Foix,
Les Essais, livre premier, chap. xxv.






PREFACE,



The collection of materials for a history of State-aided
Education in England from the date of the lirst Government
Grant in 1833 to the passing of the Elementary Education
Act, 1870, showed that such a history would be, to a great
extent, meaningless unless there were available for constant
reference a work dealing with the earlier relationship of the
State and Education in England. Strangely enough there
appeared to be no satisfactory book of reference on this
important subject, and it seemed, therefore, desirable to
produce the simple record of historical facts contained in this
volume.

It is certainly a matter for surprise that no historian has
considered the history of Education in England a subject of
sufficient importance to justify the prolonged research that
such an undertaking, if adequately carried out, would involve.
Had such a history been produced seventy years ago, England
would have been spared some, at least, of her present educa-
tioual troubles. Many of the mistakes of fact, many of the
errors in policy that crowd into view when we survey the



8J3121



VI PREFACE.

educational history of those years appear to have been directly
due to the neglect of the historical aspect of National Educa-
tion. The repetition of errors is inevitable if the record of
the past is neglected. England is still suffering from the
neglect of the warnings and lessons of the political history of
Education.

To the student of the history of English Education one
fact stands out agaiast the background of the past with
painful clearness. Had it not been for the limited historical
knowledge, the uncertain policy, the political jealousies of
those into whose hands was committed the up-bringing of the
people, England at the present moment would have possessed
a matchless educational system naturally graduated by the
intellectual capacity of youth. But statesmen of the first
rank throughout the nineteenth century either refused to
regard, or were unable to present, National Education as a
national problem of the first order. From Mr Whitbread's
Bill of 1807 to Mr Forster's Act of 1870 is a far cry, and it
is not too much to suppose, had the essential importance
of National Education l)een recognised by the great leaders
of the country, that at any intermediate date a national
scheme would have been forthcoming, and that the country
would not have had to wait until 1870 for the adoption of
a scheme which, originally proposed in 1816, in 1810 would
have answered its purpose.

But, after all, the fault of wasted ojjportunities lies ulti-
mately with the electorate. The subject of Education has
never really interested the voting class, and it will never
interest them until they realize that Education is a national
matter of vast importance, apart altogether from the question



PREFACE. VU

of taxes and rates. The British citizen is, by habit of mind,
unable to regard with concern local politics or parochial
expenditure. The members of local governing bodies are the
representatives of political organizations, and are not elected
by any considerable number of voters. The voting class regard
local bodies as the machine for rate-collecting and dismiss
Education as the name of one among many rates, as an aspect
of an inevitable and uninteresting burden that is ever with
them. If once it is realized that Education is an Imperial
question and one that will vitally affect the near future of the
Empire, it will rank in interest with those problems of foreign
affairs which so vividly occupy the average Englishman. He
will, however, never grasp the Imperial character of the
Education question until the history of Education in the
British Empire is brought home to him ; until he appreciates
the part that Education has played in the making of the
Empire, and so realizes the personal importance of the subject
to him and to his children.

Within the last few years a new school of thought on the
subject of National Education has arisen, and the work of
reconstruction and organization has been taken up in earnest
by statesmen and specialists. The scientific treatment of this
complex and intricate economic question is now assured, and
among its manifold aspects that are receiving consideration
history is included. We may, therefore, confidently believe
that in the near future an exhaustive history of English
Education will be produced, and that the subject will take
its due place in the minds of men. This volume is but a
foot-note, as it were, to that great subject. The aim of the
author has been the aggregation in a convenient shape of facts



Vlll PREFACE.

hitherto ^^^dely scattered and in some cases only contained in
books and documents that are difficult of access. To many
students it will be helpful to possess in compact form the
early statutes and law cases dealing with Education.

The limitations of the subject-matter are the limitations
of convenience. Moreover the relationship of the State to
Education, always important, is now likely to become vital to
our national welfare. On the grounds, therefore, of import-
ance and convenience this book purports to deal solely with
that relationship. It has not, however, been possible to carry
out this scheme in its integrity. Material belonging to the
general history of Education, and having little connexion with
State Education, has been employed from place to place in
order to secure something like historical continuity in the
narrative. On the other hand, material strictly belonging to
the history of State Education has been deliberately excluded
from the volume.

The chief instance of such exclusion is the legislation
dealing with particular schools. The private local Acts of
Parliament which founded, or modified the foundations of,
particular schools are of great interest and deserve prolonged
and close attention. The intervention of the Legislature by
such means constitutes an important aspect of the subject,
and one that might well be dealt with at large. Schools
founded by Inclosure Acts would in such a survey receive
especial notice. It has not been found possible, however, to
deal at all with this (question in the present volume.

A further aspect of intervention has only been suggested,
though from the historical point of view the matter recjuires
full and careful investigation. The extent to which vestries



PREFACE. IX

and other local bodies, in piirsuance of Common and Statute
Law, carried on education in the sixteenth, seventeenth and
eighteenth centuries can only be ascertained by a prolonged
search in local records. Such an investigation would be a
profitable and interesting undertaking, but it has not been
found possible to pursue it for the purposes of this work.

Again, the questioa of the local government of endowed
schools and of grammar-schools might well have been dealt
with here. No history of English Education would be com-
plete without lengthy chapters on this subject and on the
internal government of the Universities- The relationship
of such quasi-public government, in the case of both schools
and Universities, to the Crown acting through the King's
Courts is a matter of high historical importance. With this
question, as with others, the author has not felt it desirable
to deal here. He has, in fact, been sufficiently daring in
his endeavours to explore, in pioneer fashion, a somewhat
unknown country, and considers it wiser to leave these
difficult regions to those who can and will scientifically survey
the whole historical area of English Education.

The work actually undertaken in this book has not,
however, been accomplished without very considerable ex-
penditure of time and labour ; and the author ventures to
refer to this fact in order that he may secure the opportunity
of thanking all those who have so kindly helped him in his
efforts to produce a volume that might be of some practical use
to all who are interested in National Education. In particular
the author must express his obligation to Professor W. H.
Woodward for his valuable suggestions and his helpful
reading of the proof-sheets; and to Mr C. E. A. Bed well,



X PREFACE.

Sub-Librarian of the Middle Temple Library, for his
courtesy and ever ready aid, and for his invaluable help
in the detailed work of passing the volume through the
press.

J. E. G. DE Montmorency.



3, New Square,

Lincoln's Inn.

January, 1902.



TABLE OF CONTENTS.

PAGE

Preface v

Table of Statutes cited xix

Table of Cases cited xxiii

Table op Ecclesiastical Documents cited . . . xxv

Table of Works cited xxvi



CHAPTER I.

Education and the State from Saxon Times to the end of
THE Fourteenth Century.



State and Church and National Education .
State Education before the Christian Era .
Spiritual aspect of Education ....
The Relation of the Church of England to Education
Education in Saxon times .....
Saxon and Mediajval school-books

Theodore and Adrian

Education before the i-cign of King Alfred .

Bede and Alcuin

King Alfred's educational policy ....
Laws and Canons of King Ethelstan and King Edga
Early payment for Education ....

Norman Education

Norman Education Canons



1

2
3
3
4
4
5
6
6
7
8
8
10
11



Xll



TABLE OF CONTENTS.



9.



Norman licences for Schoolmasters
Supremacy of the Norman Church
The Beverley Law-suits .
King Edward III. and Education

John Wycklif

The LoUai'd Movement and the Black Death

Higden and John de Trevisa

The birth of English Education .

Johan Cornwaile, Master of (Jrammar (see Addenda)

The classes attending Medi;cval Schools

The Education of the villein .

Spread of Education after the Black Death

The petition of 1391

Walter Map

The first Statute of Education, 1406
Slaves and Education
The national fear of Education
The universal right to Education .



CHAPTER II.

The Common Law of Education.

10. The Lollards and Church control
The Constitutions of Arclihishop Arundel, 1408
Lollard schools ......

11. The history of Benefit of Clei-gy .

12. (.'onflict between civil and spiritual jurisdiction
The petition of 1393-4

13. Twelfth-century London schools (sec Addenda)
William Fitzstei)hcn .....
The schools of St Paul's, the Arches and St Martin's
Church monopoly in London ....
The Ordinance of 1446 .....

The petition of 1447

The disap{)earance of .schools in the fifteenth century

14. The Common Law right to teach.



TABLE OF CONTENTS.



XUl



The Gloucester Grammar-school case, 1410
Educational competition in the fifteenth century
Re-assumption of Church control
Lyndwood's assertion of Church control
The suppression of the Alien Priories, 1415



PAGE

50
55
59
69
60



CHAPTER III.

Education and the State in the Sixteenth and Seventeenth
Centuries.



15.



16.



17.



18.



19.



The destruction of Media3val foundations for Education

King Henry VIII. and Education

King Edward VI. and Education .

School accommodation at the Reformation

The Tudor Cluxrch and Education

Queen Elizabeth's educational policy

Visitation Articles and Education

Tudor Grammar-school Legislation

The Statute of Apprentices, 1562-3

Elizabethan educational Reform

The Universities .....

The Universities and the Common Law

University curriculum ....

Scholasticism and the Universities

Grammar-school curriculum .

Latin in the Middle Ages

The Trivium and Quadrivium

University privileges ....

The Universities and the Royal Supremacy

Shakespeare and Education .

The corruption of educational foundtitions

Bacon and Education ....

Queen Elizabeth and Education .

The Commonwealth and the Universities

The decay of University Scholarship .

King James II. and the Universities .



61
62
63
64
66
67
68
69
71
71
72
74
75
76
78
79
80
81
82
83
84
85
86
87
88
89



XIV



TABLE OF CONTENTS.



20.



21.



22.



Adam Smith and Oxford
The Elizabethan Church and Education
Removal of recusant schoolmasters
The licence to teach (1599) .
Spiritual supremacy of the Crown
Archbishop Laud's educational policy .
Comenius (1592-1671) ....
The Commonwealth and Education
Welsh Education Act, 1649 .
Commonwealth grant for Education, 1649
The decay of post-Reformation Education
The Act of Uniformity, 1662
Archbishop Sheldon's policy, 1672
Archbishop Tenison's policy, 1695
The suspension of National Education



PAGE

93

94

95

96

97

99

99

100

101

104

105

106

107

108

110



CHAPTER IV.

The Beginnings of State Education in Scotland, Ireland,
THE Colonies, the Isle op Man, and Jersey.



23.



24.



25.



Scotch Education and the State .

The Scotch Compulsory Education Act, 1496

Church control of Scotch Education

Scottish Media3val elementary schools .

Vaus' Latin Grammar, 1522 .

John Knox and Education .

The Scotch Education Acts, 1616, 1633

The Scotch Education Act, 1646

The Scottish Parochial Schools Acts, 1696-1861

The Elgin School ctise, 1850

The Irish Education Act, 1537

The Irish Free Schools Act, 1570

The Irish Act of Uniformity, 1665

The Irish Educational Societies, 1786, 1811

The Irish Commissioners of Education, 1833

Education and the State in New England



111
112
113
115
116
117
118
120
121
123
125
126
127
128
129
130



TABLE OF CONTENTS,



XV



26.

27.
28.
29.
30.
31.
32.



33.
34.
35.
36.
37.
38.

39.



40.



Incorporation of Harvard University, 1650 .
Commonwealth Colonial Education Act, 1649
The Privy Council and Colonial Education
Legislation in Massachusetts, 1692
Connecticut Education Law, 1650
The growth of Education in Connecticut
State Education in South Carolina, 1712
The Palatinate of Carolina .
Education in Newfoundland, 1726

„ Nova Scotia, 1749 .

„ Ontario, 1798 .

„ Jamaica, 1695 .

„ British Guiana, 1808

„ Cape Colony, 1656 .

Educational policy of Commissioner-General de Mist
English Education in Cape Colony, 1806
Education in Ceylon, 1796

„ New South Wales, 1788 .

„ Victoria, 1841 .

„ Tasmania, 1804

„ South Australia, 1847

„ New Zealand, 1856 .

Education as a bond of Empire .
Education in the Isle of Man
Manx Compulsory Education Act, 1703-4
Manx Education Act, 1813 .
Education in Jersey, 1496
The Universities of Saumur and Oxford
The Jersey Education Canons, 1623 .
Education in the Empire of India, 1716 (see Addenda)



PAGE

131
133
134
135
137
139
141
142
143
144
145
145
147
148
149
151
151
152
153
154
154
154
155
155
156
159
160
161
162
164



CHAPTER V.

Education in the Eighteenth Century.

41. The failure of National Education

The Eighteenth-century dame school .



165
166



XVI



TABLE OF CONTENTS.



42.



43.

44.



The Eighteenth-contiiry girls' school .

The Court of Chancery and Education

Educational law cases (1670-1702)

Lay patronage of schools and Church control

The limits of Chiu-ch control ....

The Church and elementary schools

The licence to teach limited to grammar-schools

Eighteenth-century Education Statutes ■

Educational law cases (1734-1837)

The parent's imperfect obligation to educate his children

The Court of Chancery and Education



45.



46.

47.

48.



49.



CHAPTER VI.

The Dawn op Elementary Education in England.

Prse- Reformation elementary schools .

Geoffrey Chaucer's school-boys

List of early non-classical schools

The school endowment movement, 1660-1730

The reaction from the Act of Uniformity .

Rates and Education in the eighteenth century

The Bishopsgate Street Workhouse School, 1698

The Woolwich Workhouse School, 1732

Greenwich Hospital School, 1715 .

The Foundling Hospital, 1739

Richard Baxter's educational proposals

Baxter's relations with Dr Tillotson

Dr Thomas Gouge (1609-1681) .

Welsh Educational Trust, 1674 .

Gouge's Welsh Schools ....

Society for Promoting Christian Knowledge, 1698

The Charity Schools ....

The attack on the Charity Schools

The Welsh Piety Schools, 1730-1779 .

The Court of Chancery and Education

The Sunday School system, 1780 .



TABLE OF CONTENTS.



XVll



Andrew Bell and Joseph Lancaster
The National Society ....
The British and Foreign School Society



PAGE

206
206
207



CHAPTER VII.
Parliament and Elementary Education.

50. Social conditions at the opening of the nineteenth cen

tury

The Factory Act of 1802 .

The position of apprentices ....

51. Sir William Blackstone and State Education
Adam Smith and State Education
Jeremy Bentham and State Education

52. Mr Whitbread's Poor Law Reform Bill of 1807
The Education of the Poor Bill, 1807 .
Dr Samuel Johnson and Education
Petitions against the Education Bill of 1807

53. The Select Committee on Education, 1816 .
Liberalism of the Church in 1816

54. Proposals of the Select Committee in 1818 .
Mr Brougham's speech of 1820
The state of Education in 1820 .
The Education Bill of 1820 .
The Dissenters and the Bill of 1820

55. Educational opinions, 1820-1830 .
King George IV. and the National Society
Lord Brougham and English Education

56. Educational movements in 1833 .
Petitions for a national system
Mr Roebuck's scheme of Compulsory Education
Sir Robert Peel and National Education

57. The first Parliamentary Grant for Elementary Educa

tion, August 17, 1833 .
The opening of the New Era



209
210
213
216
216
217
219
220
221
223
224
225
226
228
229
230
232
2.33
233
233
234
234
236
237

239
240



XVlll TABLE OF CONTENTS.

PAGE

Appendix I. — The text of the Gloucester Grammar School

case, 1410 241

Appendix II. — The Endowment of Schools between 1660 and

1730 (with Statistical Tables) 243

Appendix III. — The speech of Mr Henry Brougham in the

House of Commons, June 28, 1820 . . . 248

The speech of Henry Lord Brougham in the House

of Lords on May 21, 1835 285

The speech of Mr Roebuck in the House of Commons,

July 30, 1833 325

Index 353



TABLE OF STATUTES CITED.







I. ENGLAND.




DATE A.D. STATUTE


TITLE OR SUBJECT


PAGE


1164


10 Hen. II.


Constitutions of Clarendon
(Article xvi)


32


1275


3 Edw. I. c. 2


Statute of Westminster i


37


1341


14 Edw. III. Stat. 1,


c. 4 Statute of Engleschrie


33


1362


36 Edw. III. c. 15


Pleading in English


33


1401


2 Hen. IV. c. 15


de comhure,ndo heretico 34, 36, 54, 175 n.


1405-6


7 Hen. IV. c. 17


Statute of Artificers


12 n., 18, 29,
32, 54, 56


1407


9 Hen. IV. c. 1


Confirmation of Charters, etc.


73


1411


13 Hen. IV. c. 1


,, ,,


73


1421


9 Hen. V. stat. 1, c.


8 Offences b}' scholars of Oxford


73-4


1422


1 Hen. VI. c. 3


Irishmen residing in England


74 n.


1463


3 Edw. IV. c. 5


For regulating apparel


75


1488-9


4 Hen. VII. c. 13


Benefit of clergy


38


1529


21 Hen. VIII. c. 15


Leaseholders


24


1531-2


23 Hen. VIII. c. 1


Benefit of clergy


38


1533-4


25 Hen. VIII. c. 19


Act of Supremacy


174


1535-6


27 Hen. VIII. c. 42,


s. 4 First fruits


75


1547


1 Edw. VI. c. 14


Abolition of Chantries


63


1548


2&3Edw.VI.c. l,s


. 6 Church Services


80


1554


1 Mary I. sess. iii. c,


, 9 Government of Grammar
Schools


69


1554-5


1 & 2 Ph. & M. c. 7


Towns Corporate Act


81


1558-9


1 Eliz. c. 1, s. 9


Act of Supremacy


89 n.


»


8. 12


81,82,89«.,96?i.


>>


1 Eliz. c. 4, s. 13


First Fruits


67, 117





1 Eliz. c. 22


Regulation of Royal Schools


70





1 Eliz. c. 24


The Chantries and Education


70


1562-3


5 Eliz. c. 1, s. 4


Oath of Supremacy


68,89n.,96H.





5 Eliz. c. 4


Statute of Apprentices


71, 82


1571


13 Eliz. c. 29


Incorporation of the Universities


82


1581


23 Eliz. c. 1


Attendance at Church


96n.,106, 175


i>


s. 5


,, ,,


94,95 ?!.,183h.


1588-9


31 Eliz. c. 6


Reform of Endowed Schools


84 71., 85


1597-8


39 Eliz. c. 5


Hospitals for the poor


193


)>


6


Charity Commissioners


71, 318 71


1601


43 Eliz. 0. 2, 8. 5


Apprentices


71
62



XX



TABLE OF STATUTES CITED.



DATE A.D


STATUTE


1601


43 Eliz. c. 4


1603-4


1 Jac. I. c. 4


1,


s. 5


,1


8. 8


1605-6


3 Jac. I. c. 4, s. 9


1609-10


7 Jac. I. c. 6, s, 1


1623-4


21 Jac. I. 0. 1


1649


Cromwell (unnumbered




Act. February 22)


1,


Cromwell, c. 31





0. 45


1650


c. 37


1651


c. 4


1660


12 Car. II. c. 24


j^


c 25


1662


14 Car. II. c. 4




s. 6


,,


s. 19





14 Car. II. c. 12


1665


17 Car. II. c. 2


1672


25 Car. II. c. 2


1688


1 W. & M. c. 18


^^


c. 26


1695-6


7 & 8 Will. III. c. 21


J J


c. 37


1698-9


11 Will. III. c. 15


1708


7 Anne, c. 14


1710


9 Anne, c. 17


1711


10 Anne, c. 6


1713


13 Anne, c. 7





c. 13, 8. 4


1718-9


5 Geo. I. c. 4, 8. 1


1739-40


1 13 Geo. II. c. 29, s. 5


1766-7


7 Geo. III. c. 39


1778-9


19 Geo. III. c. 44


1790-1


31 Geo. III. c. 32, 8. 13


,,


s. 14


1801-2


42 Geo. III. c. 46


1802-3


43 Geo. III. c. 54


,,


c. 84


1806


46 Geo. III. 0. 122



TITLE OU SUBJECT

Charitj' Commissioners
Licensing of Schoolmasters



Oath of allegiance

Schools for the poor
WeKsh Eilucation Act

University Endowment Act
Colonial Education Act
OlHcial use of English

Abolition of serfdom
University privileges
The Act of Uniformity



Poor Relief
The Five Mile Act
Popish recusants
Act of Toleration
University privileges
Greenwich Hospital
Endowment of Schools
University privileges
Parochial Libraries Act
Church Building Act
Act of Toleration
Schoolmasters' Relief Act
University privileges
Religious worship
Foundling Hospital
Poor Relief

Schoolmasters' Relief Act
Roman Catholic Relief

Parish apprentices
Scottish Parocliial Schools
Clergy Residence Act
Irish Education



PAGE

213 n., 318 71.
106, 175, 179
98 n.
98, 98 71.
68, 89
68, 89
193

101-3, 151 7J.,
198 H., 203 71.
87, 103
133
33
33
39

88 71.
106,136,173,175,
176, 189, 197
105
88
193
106
176
176
91
195

176, 190 n.
88 71.
142 71.
156
176

91, 176
92
177
196
196
177
178

92, 178
209-14
124
273
128



TABLE OF STATUTES CITED.



XXI



DATE A.D. STATUTE

1810 50 Geo. III. c. 33, ss. 1, 2

1816 56 Geo. III. c. 139, s. 7

1817 57 Geo. III. c. 99

1818 58 Geo. III. c. 91

1819 59 Geo. III. c. 81
1824 5 Geo. IV. c. 58
1826-7 7 & 8 Geo. IV. c. 28, s. 6
1829 10 Geo. IV. c. 57

1831 1 & 2 Will. IV. c. 34

1831-2 2 & 3 Will. IV. c. 57

1833 3 & 4 Will. IV. c. 18
3&4Will. IV. c. 103,8.7

1834 4 & 5 Will. IV. e. 84

1835 5 & 6 Will. IV. c. 71
1844 7*8 Vict. c. 101, s. 52
1861 24 & 25 Vict. e. 107
1870 33 & 34 Vict. c. 75



1873
1875
1876
1878
1894



TITLE OR SUBJECT

Sites for Irish Schools

Apprentices

Clergy Residence Act

Inquiries into charities

Charity Commission
Benefit of Clergy
Charity Commission



Revenue Act

Employment of children

Revenue Act

Charities inquiries

Poor-law Act

Scottish Parochial Schools Act

Elementary Education Act



1871 34 & 35 Vict. c. 26, s. 8 Abolition of Tests



36 & 37 Vict. c.
38 Sc 39 Vict. c.
.39 & 40 Vict. c.
41 & 42 Vict, c



48
66
77

79, s.
16



57 & 58 Vict. c. 41



University Tests
Judicature Act

Elementary Education Act

Factories

Protection of Children Act



PAGE

127 n.

213 n.

273

318 n.

318 H.

318 n.

40

318 n.

318 n.



Online LibraryJames Edward Geoffrey De MontmorencyState intervention in English education; a short history from the earliest times down to 1833 → online text (page 1 of 36)