HC Deb 03 March 1870 vol 199 cc1143-4
MR. H. B. SAMUELSON

said, he, would beg to ask the First Lord of the Treasury, Whether his attention has been called to the Clause in the new Statutes for the Public Schools of Shrewsbury, Winchester, Harrow, Charterhouse, and Rugby, requiring membership of the Church of England as a condition of eligibility of members of the governing body; and, whether it is his intention to advise that those Statutes, as they now statues, be sanctioned?

MR. GLADSTONE

Sir, I believe the statutes to which my hon. Friend refers were only laid upon the table a few days ago, and the term of forty clays is allowed before it is necessary to act finally in the exercise of the powers given to the Executive Government under the Act. Consequently, the matter is not urgent, and the nature of the answer which I am about to give will show why it is not urgent. I am bound to give my opinion that, so far as I am able to judge, the Commissioners who have framed these statutes have acted in accordance with the spirit and intention of the Act. The Governing Bodies of those schools were strictly members of the Church of England before the Act passed. The indication of that Act did not in any degree whatever, as far as I am informed, lead to the supposition that any change was to be brought about in that respect. On the contrary, the Act referred to the previous Report of the Commissioners, which clearly implied that the Governing Bodies would continue to be formed of members of the Church of England. It is only right and fair to express my own conviction that there was no unfairness or narrowness of spirit on the part of those who constituted the Commission which led them to this decision, but that it was done by them in perfect good faith, and, so far as I am able to judge, with, perfect accuracy, in what they conceived to be their duty—namely, that of interpreting the intentions of Parliament in passing the Act. Having said that, while I think that the Commissioners can in no respect be blamed, I, of course, do not pretend to say that Parliament is at all bound. Parliament has legislated in the case of Endowed Schools in a sense distinct from that in which it legislated in regard to a limited number of the great establishments called Public Schools. My hon. Friend has given notice for Tuesday, although it may be difficult to name that day positively for the discussion; but I know no reason why, if it should be thought better that legislation with regard to these schools should be more nearly assimilated to that of the Endowed Schools, the verdict of Parliament should not be taken on that point. Upon the principle at issue I give no opinion without further consideration; but I wish to disabuse the House of any supposition that the Commissioners have teen unfaithful in their trust or have committed any error in the execution of their duties.