Capitation Grants and Borough Bill not final. 321 aid from the Capitation Grants, and under the Minutes of 1846. The burden thus self-imposed would be large, and while the charge was most onerous, the aid from the general taxation might be continued. But in a few years, the rural districts would be prepared for a local charge, similar in proportion and in its objects to the aid proposed to be derived from the Borough Rate. The measures proposed in this Chapter must not, therefore, be regarded as final. They have a twofold relation, to the past, and to the future. As respects the past, they would swell the flood-tide of that stream of events which has deepened and defined the channel of public education in England and Wales. They would strengthen all the principles at present in operation by support from new sources. They would remove obstacles to their success. As respects the future, they would enable the statesman to explore and to buoy out the course of further legislation. In this effort he would be guided by local experience, and lighted by public discussion. If suc Instead, therefore, of being final, these measures must be regarded as tentative and experimental. cessful, they would render the completion of the great enterprise of a National Education comparatively easy. But if the Borough Rate in aid of Schools were rejected by the Town Councils, and the Capitation Grant failed to arouse the Rural Districts to the general establishment and support of Schools, these measures would not be without their fruits. Public opinion would have had an opportunity of giving its verdict, after the fullest discussion, not only in Parliament, but throughout the country, on the co-operation of the Civil Power with the Religious Communions for the education of the Poor. Y CHAP. VII. THE CONDITION AND PROSPECTS OF ELEMENTARY EDUCATION THE Schools of Scotland, like those of England, were in their origin closely connected with the religious establishment of the country. Grammar1 Schools, in which Latin was taught, existed before the Reformation, were generally connected with the religious houses, and formed part of the ecclesiastical institutions. "Lecture Schools," for teaching to read in the vernacular tongue, existed in the chief towns in Scotland. The Roman Catholic Church probably had authority over all teachers3, who could not exercise their calling without license from the Chancellor; and questions of usage or law were decided in the ecclesiastical courts over which the Bishop presided. The Reformation gave a great impulse to public education. The jurisdiction, not only over Schools, but 1 "In the reign of James IV. we find a statute," says Mr. Dunlop (Parochial Law, p. 480.) 1494, c. 54., ordaining, under the penalty of twenty pounds, "that all barrones and freehalders, that ar of substance, put their eldest sonnes and aires to the schules, fra they be sax or nine years of age, and till remaine at the grammar schules quhil they be competentlie founded, and have perfite Latine; and thereafter to remaine three ziers at the schules of art and jure, swa that they have understanding of the lawes." 2 See M'Crie's Life of Melville, vol. ii. chap. xi., and Note C., vol. i. 3 See Note K. in M'Crie's Life of Melville, where a case is stated in which the Chancellor of the Metropolitan Church cited a priest before the Bishop for teaching without "the allowance of, and in opposition to, the will of the Chancellor." The Bishop, having fully heard the cause, decided, with the advice of his Chapter, and of the Rector and Clerks of the University, in favour of the Chancellor. Division of Spoils of Ancient Church. 323 over private teaching, was transferred to the Reformed Church. In the first Book of Policy, it is recommended that there be a Schoolmaster1, "able at least to teach the Grammar and Latin tongue," in every parish where there is a town of any reputation; and in landward parishes, that the reader or minister "take care of the youth of the parish to instruct them in the rudiments, particularly in the Catechism of Geneva." The Church struggled earnestly with the nobles to secure the patrimony of the ancient for the reformed discipline, and for the support of Schools. Notwithstanding the favor which the Regent Murray showed to this claim, the history of the distribution of Church property in Scotland resembled that in England. The nobles secured the lion's share of the spoil, and thus the interests of the dominant class were inseparable from the triumph of the Reformation. The spiritual power had become a tyranny which it was necessary to overthrow, but the State was not prepared for the establishment of a government of opinion. The only classes fitted to possess the social influence of which the Church was stripped, were the aristocracy: they therefore absorbed the wealth to which the power adhered. But it should not now be forgotten, that, in this transfer, the poor received only a meagre share of that ecclesiastical property, the overflowing of whose abundance had reached them in alms and succour in need and sickness, travail and sorrow, so far even as to be in the stead of a national provision for indigence. The claims of the Church for the foundation and support of Schools out of its ancient patrimony were regarded with less favor than those which it put forth for the revival of its former authority over education.2 1 Dunlop's Parochial Law, p. 482. 2 "The Parliament held," by the Regent Murray, "immediately after Queen Mary's abdication, conceded to the Church their claim that the superintendents should have cognizance of the teachers of youth, by the statute 324 How the Parochial Schools were founded. Though the Parliament held in 1560 had approved of the Reformation, the reformed religion was not established by law until 1567. In the Parliament held in 1578, the claims of the Clergy, as far as they related to the patrimony of the Church, the support of Schools, and the maintenance of the poor, were refused, and the form of Church government was left unsettled. The Church, however, continued, by means of its courts, to exercise jurisdiction not only over the office of “reader," but over the establishment of Schools and private tuition. Dunlop says, "they appear even to have gone beyond the powers granted to the superintendents, by the Act of 1567, and to have exercised a degree of authority not specially conferred on the Church courts, till long afterwards, and in some instances greater than the Presbyteries are now held to possess by law." With the restoration of episcopacy in 1606, the authority over education was now sought to be transferred to the Bishops. Meanwhile the establishment of Parochial Schools had been left to the exertions of the parishioners, without the aid of any statutory fund. But in 1616, the Privy Council directed 2, "that in every parish of this kingdom, where convenient means may be had for entertaining a School, a School shall be established, and a fit person appointed to teach the same upon the expense of the parochinares, according to the quality and quantity of the parish." This Act of Council3 1567, c. 11., which ordains, ' that all schules to burgh and land, and all universities and colledges, be reformed; and that nane be permitted, nor admitted to have charge and care thereof in time coming, nor to instruct the youth privatlie, or openlie, but sick as shall be tryed be the superintendentes or visitours of the Kirk.'" Dunlop's Parochial Law, p. 482. 1 Dunlop's Parochial Law, p. 485. 2 Ibid. p. 488. 3 It is as follows: "Our Sovereign Lord, with the advice of the states, ratifies the act of Secret Council, dated at Edinburgh, the 10th day of December, 1616, made for planting of Schools, with this addition, that the Bishops, in their several visitations, shall have power, with consent of the heritors, and most part of the parishioners, to set down and stent upon every The "Act for settling Schools." 325 was ratified in Parliament by the statute of 1633, c. 5., which is the first legislative enactment authorizing the establishment of Parish Schools. It was, however, during the Commonwealth, that the foundation of the present parochial system was laid, for the Act1 of 1646 (c. 46.), though repealed at the Restoration, was incorporated in the statute of 1696, which ultimately conferred this great benefit on Scotland. This "Act for settling Schools" declares, that "our Sovereign Lord, considering how prejudicial the want of Schools in many places has been, and how beneficial the establishing and settling thereof in every parish will be to this Church and Kingdom; therefore, his Majesty, with the advices and consent of the estates of Parliament, statutes and ordains, that there be a School settled and established, and a Schoolmaster appointed, in every parish not already provided by the advice of the heritors and minister of the parish." This law has enabled the Church to establish Schools in every parish, and we have now to contemplate the plough or husband-land, according to the work, for maintaining and establishing the saidis schoolis; and if any person shall find himself aggrieved, it shall be lawful to him to have recourse to the Lords of Secret Council for redress of any prejudice he may or doth sustain." Dunlop, Parochial Law, p. 489. I quote from Dunlop's Parochial Law (p. 489) the following extract from this Act :-" Considering how prejudicial the want of Schools in many congregations hath been, and how beneficial the providing thereof will be to the Kirk and Kingdom, do therefore statute and ordain, that there be a School founded, and a Schoolmaster appointed, in every parish (not already provided) by advice of the Presbyteries; and to this purpose, that the heritors in every congregation meet among themselves, and provide a commodious house for a Schoole, and modifie a stipend to the Schoolemaster, which shull not be under ane hundred merks, nor above twa hundred merks, to be paid yearly at two terms," &c. For payment of this salary the heritors were to stent every one's stock, and teind proportionally; and on their failure to provide a School and salary, the Presbytery was authorized to "nominate twelve honest men within the bounds, who shall have power to establish a Schoole, modifie a stipend for the Schoolemaster, and set down a stent for the heritors, which shall be as valid as if done by themselves," &c. The Act further contained provisions as to the levying of the salary, &c., which had been adopted in the statute of 1696. |