The statutes of Clare Hall, Cambridge, require "that the election of a fellow shall be by the master and the major part of the fellows present ;" and here it was held (A.D. 1788) that a valid election might be made without the concurrence of the master. But this interpretation is obviously wrong, and is referred to with disapprobation in the subsequent case of Queen's College, Cambridge (5 Russell).
Colleges (13 Eliz. c. 10) cannot grant leases of their land beyond twenty-one years, or three lives ; and in such leases the accustomed yearly rent, or more, must be reserved, payable yearly during the term. By 18 Eliz. c. 6, in all leases made by colleges in the universities, and by the colleges of Winchester and Eton, one-third of the whole rent must be re served in corn. The Mortmain Act of 9 Geo. II. c. 36, which has put consi derable obstacles in the way of gifts of land or money to be laid out in land in England for charitable purposes, does not extend to the two universities of Oxford and Cambridge, or to colleges in the two universities, nor to gifts in favour of the scholars of Eton, Winchester, and West minster. This statute contained a re striction as to the number of advowsons which a college in either of the univer sities of Oxford and Cambridge was al lowed to hold ; but this restriction was removed by 45 Geo. III. c. 101, having been found, as the preamble to this statute sets forth, injurious to learning. These colleges can therefore now purchase and hold as many advowsons as they please.
Of late years various places of learning have been incorporated under the name of Colleges by royal charter, such as University College and King's College, London. Both these colleges consist of a large number of shareholders or pro prietors, in whom the property of the college is vested. Both these colleges are governed by a council ; and King's College has also a principal, and in other respects is assimilated to the colleges at Oxford and Cambridge. University Col lege has no principal or other correspond ing officer : but it has a senate composed of the professors of the college, a pre sident and two vice-presidents ; and facul ties of arts and laws, and a faculty of medicine. The constitution of King's College assimilates it to the nature of a college at Cambridge or Oxford : that of University College assimilates it more to the character of the universities of Oxford and Cambridge, which are mere civil corporations. Neither University
College nor King's College confers de grees ; but the students of both colleges may take degrees in the University of London, subject to certain regulations. The College of Physicians in London, and the College of Surgeons, are also in stances of civil corporations established under the name of colleges ; and the Herald's College is another.
A Collegiate Church is a church that has a college or chapter of canons, but no bishop, and yet it is said to be under the authority of a bishop. But in the case of Manchester College, a manda mus from the Court of King's Bench was directed to the Bishop of Chester, as warden of Manchester College, to ad mit a chaplain. The bishop, happened also to be visitor of the college. It was held by the King's Bench, that in the case of a spiritual corporation the jurisdiction was in that court, unless there was an express visitor appointed, and the court interposed in the present case, because there was no separate visitorial power then existing, owing to the union of the wardenship and visitorship in the same person. This case was afterwards pro vided for by an express act, 2 Geo. II. e. 29. The canonists require three canons at least to constitute a collegiate church, because three, according to the Roman law, were required to make a college. These collegiate churches are sometimes simply called colleges, and were formerly more numerous. West minster, Windsor, Eton, Winchester, Southwell, and Manchester are collegiate churches. Probably schools were always a part of such foundations: those of Eton, Westminster, and Winchester have flourishing schools.
As to the relation between the English universities and the colleges within their limits, see UNIVERSITY.
The statutes of all the old colleges in England are in Latin ; and, indeed, with the exception of some comparatively modern endowments, probably all college statutes are in Latin. Those of Eton College, of Trinity College, Cambridge, and of St. John's College, Cambridge, which may serve as specimens of the statutes of such foundations, are printed in the Education Reports of the House of Commons, 1818.