letter; the bestowal of it was the benefit to be conferred. What is there to restrict the extent of that benefit? What is there to indicate that when the King, in the great solicitude for his Roman Catholic subjects, which he declares then actuated him, unsealed the fountain of knowledge to his subjects, he meant to close one of those avenues by which it is most successfully approached? The policy of the law is in our favour: the words of the charter are large enough to carry out that policy to the extent we ask, and nothing has been, or can be shown to modify that policy, or contract the operation of those words. The governing body of the College is Protestant, with that our appeal seeks not to interfere; but we confidently submit that the scholarship, as incident to studentship, is the right of Roman Catholics; and we pray, that though their claim may have been tardily made, your Graces will not be the less ready on that account to allow it, and that you will, in the spirit of the charter of Charles I. forbid that abuse shall be consecrated by usage, or error established by time. The following opinion was submitted to the Visitors by the learned Assessor, In the matter of the appeal of DENIS CAULFIELD Heron, against the Provost and Senior Fellows of Trinity College, Dublin. The eligibility of Roman Catholics to Scholarships in Trinity College depends on the construction of the College statutes of 1794. As the law stood previous to the act, 33 Geo. III., c. 21. (1793), there was nothing to prevent Roman Catholics from entering the College, but on their admission, they would (in common with all other students), have immediately become subject, under the College sta tutes, to the performance of religious duties which, as Roman Catholics, they could not conscientiously discharge, and in addition to this obstacle, they could not obtain degrees without taking the oaths of allegiance and abjuration, and making the declaration against transubstantiation, prescribed by the statute, 3 Wm. and Mary, c. 2. The effect of this was, that Roman Catholics were excluded from the College. The 13th section of the act of 1793 is in these words : "And Whereas it may be expedient, in case his Majesty, "his heirs and successors, shall be pleased so to alter THE “Statutes of THE COLLEGE of the Holy and Undivided "Trinity near Dublin, and of the University of Dublin, as to "enable persons professing the Roman Catholic religion to "enter into or to take degrees in the said University, to 66 remove any obstacle which now exists by statute law; be it enacted, that from and after the first day of June, one "thousand seven hundred and ninety-three, it shall not be "necessary for any person, upon taking any of the degrees 66 66 usually conferred by the said University, to make or sub"scribe any declaration, or to take any oath save the oaths "of allegiance and abjuration, any law or statute to the "contrary notwithstanding." This section does not, nor does any other part of the act of 1793, profess to interfere with any of the College statutes. It was in the power of the Crown alone without the concurrence of the rest of the legislature, so to alter the College statutes as to relieve Roman Catholics from all duties inconsistent with their religious opinions, and thus to give them the benefit of instruction in the University; but the Crown alone had not the power to remove the bar to taking degrees, which had been created by act of parliament. The College statute of 1794 recites the 13th section of the act of 1793, and then proceeds as follows:"Sciatis ergo quod nos, pro eâ curâ, quam singularem : 66 "habemus erga subditos nostros qui religionem Pontificiam "sive Romano Catholicam profitentur, et ut iidem in dicto Collegio nostro et in dictâ academiâ bonis artibus et literis "instituantur: statuimus et ordinamus, quod omnibus sub"ditis nostris qui religionem Pontificiam sive Romano"Catholicam profitentur, liceat, et deinceps licebit in dic"tum Collegium admitti, atque gradus in dictâ academiâ "obtinere præstitis prius omnibus exercitiis per leges et con"suetudines academiæ requisitis, aliquo statuto dicti Col"legii, aut statuto, regulâ, aut consuetudine quâcunque dicta 66 academiæ in contrarium non obstante." Thus, it will be observed, the College statute of 1794 very precisely defines the object which the Crown had in view, viz., that Roman Catholics should have a liberal education in the University; and then, to effect that object, it provides that it shall be lawful for Roman Catholics to be admitted and obtain degrees, notwithstanding any statute, rule, or custom of the College to the contrary. The words "in dictum collegium admitti atque gradus in dictâ academiâ obtinere," taken strictly and in their literal sense, would merely entitle Roman Catholics to enter College, and perform all the exercises (not inconsistent with their religious opinions) necessary for obtaining degrees, and having performed these exercises, and thus acquired proficiency "in bonis artibus et literis," then to obtain degrees accordingly. The College statute of 1794 does not, in favour of Roman Catholics, dispense in terms with the religious duties and obligations which were, by the then existing College statutes, cast on all students; but I think it quite clear, that on its true construction, it, by necessary implication, dispensed, in favour of Roman Catholics, with all religious duties which they could not conscientiously perform, so far as such dispensation was necessary for enabling them "in dictum collegium admitti atque gradus, in dictâ academiâ obtinere ;" but no further or otherwise. think it equally clear, that the College statute of 1794 did not in any manner interfere with the religious duties of the students who were not Roman Catholics. In order to form a correct opinion as to the meaning of the words "in dictum Collegium admitti atque gradus in "dictâ academiâ obtinere," and to determine whether they entitle Roman Catholics to become candidates for scholarships, it is necessary to consider the nature of the University establishment. The Visitors being appointed by the founders, and bound to carry out their intentions, so far as they are clearly expressed in the original charters and College statutes, save so far as by equally clear words or necessary implication, they have been abrogated by subsequent provisions. The College is a corporation; the members of which are the Provost, Fellows, and Scholars. The number of Fellows and Scholars is limited. The charter of Elizabeth and Charles I., and the body of College statutes accompanying the last mentioned charter, clearly contemplate an establishment for the advancement of religion, and in which not only all the members of the corporation, but all persons receiving instruction, should be Protestants. This will be abundantly shown by a few references to the last edition of the College statutes. (a) By the charter of Elizabeth (b) Fellows were to vacate their Fellowships at the end of seven years, "ut alii in eorum locum suffecti pro hujus 66 Regni et Ecclesiæ beneficio emolumentum habeant." The statute "de cultu divino," (c) points out religious duties to be performed by all the members and students, including the receiving of the sacrament as received by Protestants; by the statute "de sociorum juniorium electione," (d) all Fellows (except the Professors of Law and Medicine) must take priests' orders within three years after their election, or forfeit their Fellowships. The statute "de cultu di (a) 1814. (b) pp. 7, 8. (c) p. 44. (d) p. 42. 66 66 vino" (a) provides, "Porro Præpositi et sociorum seniorum "erit videre ne qua Pontificiæ, aut hæretica religionis opinio intra Collegii fines alatur aut propugnatur sive publice sive privatim.” The charter of Charles I. (b) removes the restrictions preventing Fellows from holding their Fellowships for more than seven years, "it being found injurious to the welfare of the College, the State, and the Church.” The better advancement of religion and learning, is the reason asigned for the Chancellor's assent (c) to the College decree of the 23rd October, 1722, for increasing the salaries of the Provest, Fellows, and Scholars. The College statute of 1st Geo. III.(d)" de Professore in sacrâ Theologiâ," proposes the establishment of a Professorship of Divinity by this recital, "cum vero permultum refert ut juventus academica, illi præsertim qui sacris ordinibus. "destinantur in sociis literis, et religionis Christianæ "doctrinis diligentius erudiantur, in quem præcipue finem "fundatum fuit hoc Collegium." The words " in quem, &c." clearly stating, in the words of the then Sovereign, (Geo. III. who afterwards made the College statute of 1794,) that the advancement of religion was the principal object for which the University was established. The College statutes contemplate Scholars as a class in whose selection the Church and the State had an interest. By the statute, "De Scholaribus sive Discipulis," (e) it is provided, that in the election of Scholars, those educated in Dublin schools and counties where the College had lands, should be preferred," "ut quorum labore et sudoribus Collegii membra omnia, "et singula sustentantur eorum potissimum liberi in eodem "educenter et virtute ac humanioribus literis ad ecclesiæ, "et reipublicæ emolumentum instituantur." Scholars were to hold their Scholarships (ƒ) until they obtained, or could have obtained, a degree of Master of Arts, or until they (a) p. 50. (b) p. 14. (c) p. 119. |