HL Deb 29 July 1858 vol 151 cc2243-5

Commons' Reasons for disagreeing to some of the Lords' Amendments considered (according to Order), which Reasons were as follow;— The Commons disagree to the Amendment in page 2, being to leave out Clause 3, for the following Reason: Because by the Act of the Sixteenth and Seventeenth Years of Her Majesty, Chapter Eighty-nine, all Professors of the Universities of Scotland were relieved from the Necessity of taking the Religious Test to which they previously were subject, except those holding Chairs of Theology, and although the Offices of Principals in all the Colleges, with Two Exceptions, were included under the Designation "Chairs of Theology," this proceeded apparently on the Assumption that the Holders of these Offices were actually Teachers of Theology, while, in point of fact, none of the Principals of any of the Colleges, except St. Mary's, St. Andrew's (a Theological College, and not affected by the Clause struck out by your Lordships), have as such taught Theology for more than a Century and a Half; and because these Offices of Heads of Colleges are Situations of Dignity which ought to be open to Persons of Eminence, of whatever Denomination, and whether Clergymen or Laymen. The Commons disagree to the Amendments to Clauses 8, 9, 10, and 11, for the following Reason: Because by making Professors Co-electors of the Rector with their Students they would be placed in a Position hurtful to their Dignity and Influence. The Commons disagree to the Amendment in page 15, being to leave out Clause 26, for the following Reason: Because the Distinction between the Two Classes of Professors, proposed to be done away with by this Clause, is, as set forth in the Report of the Royal Commissioners of Visitation appointed in 1836, invidious and unjust, detrimental to the Interests of the University, injurious to Her Majesty's Prerogative, and deriving no Countenance from the Rights and Charters of the University. With the preceding Exceptions, the Commons agree to the Amendments made by the Lords to the Bill.

THE DUKE OF MONTROSE

said, he thought the views taken by the other House in regard to this measure were erroneous, but he was afraid that if their Lordships were to insist upon their Amendments the effect would be to cause the loss of the Bill. To prevent such a result, and having regard to the importance of the measure, and the value of the reforms which it would introduce into the Scotch Universities, he therefore proposed that their Lordships should decline to insist on their Amendments.

THE EARL OF HADDINGTON

concurred in the noble Duke's desire to avoid risking the fate of this Bill; and though he extremely regretted the course taken by the other House on this subject, he could not advise their Lordships to enter at this period of the Session into any controversy with that assembly. He could not, however, but regard the mode in which the other House had dealt with the test applicable to Principals and Professors of Theology in these Universities as a severe blow to the Established Church.

LORD CAMPBELL

said, he had formerly supported the repeal of the test which required all Professors in the Scotch Universities to belong to the Established Church, because he had thought such a restriction unjust and inexpedient. At the same time, an exception was made in regard to the heads of the Universities, who had always been connected with the Established Church. Still he hoped that their Lordships would not insist on their Amendments, as by their doing so the Bill might be lost, and therefore, though most reluctantly, he acquiesced in the course recommended by the noble Duke.

Then it was moved, not to insist on the Amendments, to which the Commons have disagreed.

On Question, Whether to insist on the said Amendments?

Resolved in the Negative, and a Message sent to the Commons to acquaint them therewith.

After a few words from the Earl of MINTO,