Education in England in the Middle Ages: Thesis Approved for the Degree of Doctor of Science in the University of LondonParry, Albert William
History
Education in England in the Middle Ages: Thesis Approved for the Degree of Doctor of Science in the University of London
Parry, Albert William
Education -- England -- History; Education, Medieval
The confirmation of the monopoly right of keeping school to a particular
church practically meant that the patronage of the mastership of the
school was vested in the authorities of that church. This patronage could
be transferred, but the proceedings in such a case were of a civil, and
not of an ecclesiastical character. This is similar to the procedure
involved in the transfer of the right of patronage of an ecclesiastical
benefice to-day. The procedure is purely civil and entirely outside the
jurisdiction of the ecclesiastical authorities. If there is any dispute as
to the rightful power of patronage, the dispute must be settled in the
civil courts. One of the earliest recorded cases of the transfer of the
patronage of a school is that of Gloucester School. We have seen that
Henry I. confirmed to St. Oswald's Church, Gloucester, the right of
keeping school in that city[283]; in 1137 Henry II. confirmed the
transference of the patronage of the mastership of the school from St.
Oswald's Church to the Canons of Llanthony Abbey; and this transference
was again confirmed by King John in 1199.[284] The fact that the
settlement of disputed right of patronage of schools was a matter for the
secular courts, is clearly brought out by a prohibition issued by the
Courts in 1343.[285] This document runs: "The King to the Registrar and
commissaries of the Court of Canterbury greeting--whereas the pleas
relating to the patronage of grammar schools on our kingdom of England
belong especially to our Crown and dignity and (whereas) the Abbot and
Convent of Beaulieu are bringing before you in the Court Christian, as we
have been informed by many, William Pipard, Clerk, relative to the
patronage of the grammar schools of Ferendon--we forbid you to entertain
that plea in the ecclesiastical court, such pleas belonging especially to
us and to no other in this kingdom."[286]
We have quoted this document in full, because Mr. de Montmorency instances
it to support his contention that there existed a collision between Church
and State in matters relating to education. He also maintains that this
same document shows that the state "controlled the administration of
educational foundations." Mr. de Montmorency is in error here. When a
vacancy arises in the incumbency of any parish to-day, of which the
patronage is not in the hands of the bishop himself, it is possible that a
dispute might arise as to the right of presentation. In such a case, the
bishop would naturally refer the matter to his legal advisers. It would
always be open for any interested party to stay such proceedings and to
let the matter in dispute be determined by the High Court. It could hardly
be seriously maintained that such action illustrates a collision between
church and state in this country.
Public-domain text, read in full here on John Shaqi.
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