Re The Chelmsford Grammar School
| Jurisdiction | England & Wales |
| Judgment Date | 22 February 1855 |
| Date | 22 February 1855 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 575
HIGH COURT OF CHANCERY
S. C. 24 L. J. Ch. 742.
Charitable Trusts. Dissolved Chantries. 1 Edw. 6, c. 14. Royal Grammar Schools. 3 & 4 Vict. c. 77. Jurisdiction. Religious Instruction. Dissenters.
1K.&J.543, IN RE THE CH^LMSFORD GRAMMAR SCHOOL 575 [543] In re the chelmsford grammar school. Feb. 17, 22, 1855. [S. C. 24 L. J. Ch. 742.] - Charitable Trusts. Dissolved Chantries. 1 Edw. 6, c. 14. Royal Grammar Schools. 3 & 4 Fwtf. c. 77. Jurisdiction. Religious Instruction. Dissenters. Grammar school founded by King Edward the Sixth, endowed with lands of dissolved chantries and guilds, and incorporated of four governors, such governors having power, with the advice of the bishop, to make statutes and ordinances concerning the order, government and direction of the master, under-master and scholars, and other things touching and concerning the school, and the order, government, preservation and disposition of its Revenues. A proposal to insert in a general scheme for the management of the school provisions for the appointment of eight persons under the name of trustees, to constitute, with the governors, a board of management, which should have the administration of the property and control over the general government and management of the school, was rejected, the Court being of opinion that, even if it had jurisdiction to appoint such a board, to do so was not expedient, either with a view to the administration of the school property, the income not exceeding 600, and there being no proof of maladministration on the part of the governors, or to the better government and management* of the school. Whether the Court has jurisdiction to appoint such a board, even under the powers given by the Act 3 & 4 Viet. c. 77-gimre. Clauses by which it was proposed on the one hand to exempt children whose parents or guardians should; on conscientious grounds, object thereto from instruction in the scriptures, or in the catechism, liturgy, doctrine or discipline of the Church of England; and, on the other hand, to require that the scholars should be taught in the scriptures, and in the catechism, liturgy, doctrine and discipline of the Church of England, were also rejected, the subject of religious instruction being one which ought to be left to the direction of the governors, with the advice of the bishop. Held, however, that a general scheme for such a school would be imperfect, without some positive direction respecting religious instruction; and that the scheme in question should contain an express direction that the scholars should be instructed in religion, according to such statutes and ordinances as should be made from time to time by the governors, pursuant to the powers contained in the charter. Such grammar schools were founded, not only for teaching grammar, but also for sound religious education, which, looking to the period at which the schools were founded, must mean education according to the doctrine and discipline of the Church of England. Whether foundations for instruction of any kind did not, at least down to the time of King Charles the First, necessarily involve religious teaching-quaere, King Edward the Sixth, by letters patent under the Great Seal of England, dated the 24th of March, in the fifth year of his reign, willed, granted and ordained that from thenceforth there should be one grammar school in the parish of Chelmsford, which should be called " The Free Grammar School of King Edward the Sixth, for the education, teaching and instruction of boys and youths in grammar," to continue for ever; and that the same school should continue for ever of one tutor or master, and one under-master or usher; and the King ordained that from thenceforth there should be four men, who should be go-[544]-vernors of the possessions, revenues and goods of the school, and nominated four persons to be the first of such governors, and incorporated them by the name of " Governors of the Possessions, Revenues and Goods of the Free Grammar School of/King Edward the Sixth, in the parish of Chelmsford, in the county of Essex," with perpetual succession, and power to purchase lands; and the King ordained that, whenever any of the four governors for the time being should die, it should be lawful for the surviving governors, or the major part of them, to elect the next heir male of any of the governors so dying to succeed to the office of governor; and, in default of such heirs male, that it should be lawful for the others of the governors 576 IN RE THE CHELMSFOKD GR^M^AB^'SCHOOL -1E.-&J. 545. surviving, or the major part of them, to elect another fit person bearing the state and order of a knight, and residing and having his family for tie chief part in the county of Essex, to succeed ; and if all the. governors should- die, then that the bishop of the diocese should elect four discreet men, residing in the county of Essex, and having their families there for the greater part, and bearing the state- or order of knighthood, to the office of governors. And the King granted to the then governors and their successors divers lands and hereditaments, theretofore the possessions of certain chantries and guilds then recently dissolved hy the statute of Edw. 6, c. 14; and ordained that the governors and their successors should expend the rents for the support of the master and under-master of the school, and for other necessary things touching and concerning the school, and the support and maintenance thereof ; and the King also granted to the governors and their successors, and the major part of them, power to nominate and appoint a master and under-master of the school so often as the same should be vacant of a master; and that, the same governors, with the advice of the Bishop of London for the time being, from time to time should make, and should and might be able to make, fit and wholesome statutes and ordinances in writing concerning and touching the order, government and direction of the master [545] and under-master and of the scholars of the school aforesaid for the time being, and the stipends and salaries of the same master and, under-master, and other things touching and concerning the same school, and the order of government, preservation and disposition of the rents and revenues appointed and to be appointed to the support of the same school, which same statutes and ordinances, so to be made, the King granted and commanded inviolably to be observed from time to time for ever. In June 1853 the governors presented a, petition in the matter of the school, and of the Acts 3 & 4 Viet. c. 77, and 52 Geo. 3, c. 101, praying that a proper scheme might be established for extending the system of education to other useful branches of literature and science, in addition to the Greek and; Latin languages, and for regulating and settling the right and terms of admission to the school, and the application of its revenues ; and that directions might be given for regulating the future qualifications of persons to be governors of the revenues of the school. Upon this petition an order was made, directing a scheme to be settled at Chambers for the management of the school ; the Petitioners and the counsel for the Attorney-General being directed, before attending at Chambers, to endeavour to agree upon a scheme. Schemes were then prepared by both parties, and a summons taken out before the Chief Clerk, who adjourned the matter to Court, that certain general questions might be decided by the Viee-Chancellor before the details of the scheme were settled in Chambers. The first of these questions related to the propriety of introducing certain material changes in the constitution of the governing body by the Appointment of a board of management.- , [546] Upon this subject^ the Attorney-General; by his; scheme, proposed that, in order to assist the governors in the management of the school, eight trustees should be appointed by the Court of Chancery, who should be resident within six miles of the church of St. Mary, in Chelmsford ; that the governors and the trustees for the time being should together constitute a board, to be called "The Board of Management of the Charity ; " that the board of management should meet four times a year, and that two members of the board should have power to call a special meeting; that, at the meetings of the board of management, five should be a quorum, and all matters which might come before the board at any such meeting should be decided by a majority of the members of the board then present; that the board of management should audit- the accounts, and appoint the bankers and a receiver of the charity property ; that two members of the-board should have power to sign cheques, to be countersigned by a clerk appointed by the board, for disbursements; that no master appointed by the governors should be entitled to act as such until his appointment should have been approved of by a majority of the members present at some meeting of the board ; that assistant masters should be appointed subject to the approval of the board, and should be removable by them at their pleasure ; that the board should have power to require the master to appoint additional assistants, and to require instruction to be given in such languages, arts and sciences, other than those specified IK. &J. 547. IN EE THE CHELMSFOED GRAMMAB SCHOOL 577 in the scheme, as the board should think proper; that the board should fix the number of boys to be admitted to the school; that all boys to be taught in the school should be admitted by the board; and that no boy should be admitted who, in the judgment of the board of management, should be unfitted in respect of character or otherwise ; that the board should have power, upon tjhe application of the [547] headmaster, to order any scholar to be dismissed or publicly expelled; and that the board should have power to fix within...
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