Comma for either/or — dharma, courage. Spelling forgiving — corage finds courage.

    Lectures on the Relation between Law and Public Opinion in England

    (B): Observations.

    A. V. Dicey

    In the atlas

    3 min

    (1) The nationalisation of the English Universities has, like most other great reforms, been carried out with extraordinary slowness (see pp. 27-32, ante). The presentation of the Feathers’ Tavern Petition, 1772, is separated from the Universities Tests Act, 1871, by a year less, and from the Universities of Oxford and Cambridge Act, 1877, by five years more, than a century.

    (2) Delay in the execution of a necessary reform has, as in other instances, been here equivalent to a change in the character and the effects of the reform itself (see pp. 38-40, ante). The petitioners of 1772 aimed at a wider and a different kind of revolution from the change accomplished either by the Liberals who carried the Universities Tests Act, 1871, or by the statesmen, whether Conservatives or Liberals, who planned and carried the Universities of Oxford and Cambridge Act, 1877. Nor is it possible to doubt that the opening of the national universities to Nonconformists in 1834 would certainly have been a different thing from the tardy nationalisation of the universities in 1871.

    (3) This nationalisation is still incomplete. The Established Church still, as a matter of fact, occupies at Oxford and Cambridge a position of pre-eminence and predominance (see p. 352, ante). The correctness of this statement may possibly, I know, be disputed, but seems to me, after the most careful consideration, undeniable. If none but Roman Catholic priests had access to the university pulpits; if no one but a Roman Catholic could at Oxford or Cambridge take a degree in divinity; if in both universities every theological professorship were in fact held, and almost every theological professorship were tenable only by a Roman Catholic, and at Oxford only by a Roman Catholic priest; if, whilst a Roman Catholic might be the head of any college and many Roman Catholics occupied that position, the headships of some two, or possibly three colleges were restricted to priests of the Church of Rome; if in every college chapel Roman Catholic services, and Roman Catholic services alone, were, during term, daily celebrated; if, to sum up the whole matter, the Church of Rome possessed by law at Oxford and at Cambridge the privileges, and no more than the privileges, now in fact retained by the Church of England, could any man for a moment deny that Roman Catholicism did, in fact, in our national universities hold a position of pre-eminence? But if this question contains its own answer, how is it possible to argue that the Church of England is not at the present moment predominant in the Universities both of Oxford and of Cambridge? It is, of course, arguable that a church, acknowledged with the assent of the country to be the Church of the nation, must hold a position of superiority at the national universities. With this point, be it noted, we are here in no way concerned: my only wish is to insist upon the fact that, whether wisely or unwisely, whether rightly or wrongly, the nationalisation of the English universities is still left incomplete.