SOLEMNLY SWEAR that they have not 37. 6s. a year; and as a PRACTICAL Commentary on THIS OATH, THEY PAY ten guineas a year to the master!

The BOYS, then, at fifteen years of age, according to your assertions, take a FALSE OATH!! When you penned this, did it never occur to you, that the boy might not have, and doubtless had not, one penny he could call his own? Did the boy pay the ten guineas, or his parents?

Lest it might be thought that I have been personally interested in repelling these charges, let me add, that since leaving the place where I received the benefit of an education, which I could not have had, without the munificence of such a founder, I have never received the value of one sixpence from the establishment. But I shall ever feel-not a rash, or even, I hope, "romantic," but-a well-grounded attachment to an institution so distinguished; an ardent anxiety to repel unmerited reflections; and a gratitude which will never leave my heart,

Dum memor ipse mei, dum spiritus hos reget artus.

Though I have ventured thus to appear before the public in defence of one public institution, I cannot conclude without expressing again the most anxious solicitude for the general objects of your pursuit; and begging pardon, if I have hastily used any language which a scholar and gentleman ought not to have used towards a gentleman and scholar; and with sincere respect for your great abilities, and benevolent motives, but lamenting palpable prejudices,

I have hitherto confined myself to your letter to Sir Samuel Romilly. I shall now beg to make a few observations on what appears to me a false construction and false view of the intent of the founder, from the REPORT of your examination."

The great point to ascertain is undoubtedly this: Whether the establishment, founded by William of Wykeliam, has been diverted from those objects for which he intended it, and given to others, VOL. XIII. NO. XXVI. Y

Pam.

whom he had not in his contemplation. The observations I have made will assist the reader in determining this question. I hope I have proved, that, generally speaking, those who now receive the advantage of this institution, are those for whom it was intended; but, in confirmation of this, I shall take the liberty of making some observations on the extracts now published from the statutes.— At Eton, it appears, that if any preference be given to a scholar, it is expressly stated, the preference shall be given to the poorest ; and yet, remark, the children of Villani, the lowest orders, are EXPRESSLY EXCLUDED by the words of the Founder!

Nothing is said, in the statutes of Winchester, about any preference given to the poorest and, if the children of the lowest orders were excluded, even when this condition was annexed, it is plain that an order above those must be originally intended.

Besides, in the times of Richard the Second, the feelings of hostility against "scholares," of any description, were too general, in the mind of the lower orders, to incline them to have a wish of belonging to that despised class; nor can we otherwise account for the instantaneous feelings of indignation, so widely excited, and so exclusively diverted to particular objects, in the rebellion of Wat Tyler. Stowe says, "they beheaded all men of law, as well prentices, and either barristers, and justices, as jewrers. They spared, none, whom they thought to be LEARNED, were it never so LITTLE, especially if they found any to have pen and ink."

If learning was not offered to the children of the Villani, or Cotelarii, nor would have been accepted, probably, when Wykeham wrote his statutes, if it had been; for whom was it intended, but for those in the middle classes of life, who wanted assistance in breeding their children "scholars?" For such, I trust, I have shewn the charity of the founder was intended; and to such is it now applied. The boys neither being lessened in number, and as well fed, as they are (I believe the nation will grant) well-taught! If the words pauperes and indigentes, generally speaking, can be understood only as comparative terms; in the time of Richard the Second, when there were scarcely any divisions and subdivisions of property, they must have been peculiarly so understood. Perhaps a better illustration of the relative signification of "pauper" cannot be found than in an Ode of Horace,' to which I would refer you as a more elegant classical authority, than the plain literal words of a dictionary.

A more unans werable exemplification will be found in the latter part of the ninth satire of Juvenal, and in Tibullus, in the Elegy beginning with the line

Divitias alius fulvo sibi congerat auro.

But this is well known to every common scholar.

Non ebur, neque aureum
Meâ renidet in domo lacunar:
Non trabes Hymettiæ

Premunt columnas ultimâ recisas
Africâ. Neque Attali

Ignotus hæres regiam occupavi :

Nec Laconica mihi

Trahunt honestæ purpuras clientæ,
At fides et ingenî

Benigna vena est: PAUPEREMQUE DIVES
Me petit. Nihil suprà

Deos lacesso, nec potentem amicum

Largiora flagito,

Satis BEATUS UNICIS SABINIS.

Horace had, at that time, his Sabine FARM.

He speaks

also of

Hoc erat in votis, ......

...

•AUCTIUS atque

Dii MELIUS fecêre.

If it be said that, as he applies to himself the word, it must not be literally understood as implying he really meant to call himself pauper," I will say, I do not think there is a passage in his writings, except where it is used in its relative sense.

The surest knowledge we could derive of its signification in William of Wykeham's time, would be from the writers of the middle ages; but, I think, sufficient appears to convince yourself, that it cannot mean, as you seem to imply, absolutely POOR.

If you have taken this word, and also indigens, in a wrong sense; let me now intreat your attention to some observations on the false interpretation you have given the words in the statutes. May we be permitted to doubt, whether the acquirement of the Latin tongue be as accurately taught at Edinburgh, as the knowledge of law and metaphysics?

We find that the warden and fellows are bound by an oath, not to alter the tenorem et substantiam of the founder's statutes. Have they altered the "tenor and substance?" The very words allow a discretional construction; and if we must either give up the strict literal words, and part with the tenor and substance, or retain the tenor and substance, and give up the strict literal words, we must adhere, to the best of our understanding, by the tenor and substance of the founder's intention.

This is not to make "NOVA STATUTA," nor is it repugnant to the SOUND AND PLAIN SENSE!" Plano et sano sensu ! Nor" to break these statutes under any color or plea;" nor to change their "tenor and substance, in the eye of reason, humanity, or God."

I might be excused from suggesting to a lawyer, that the “intention" of the testator is the best guide in construction.

The words of Wykeham are, that nothing shall be done contra intentionem nostram. Then those who have the custody of his statutes are to follow, to the best of their judgment, as they will answer to GOD, THIS INTENTION; and I should think I violated the very essence of this intention, if I acted so as to make one penny halfpenny in Richard the Second's time, of precisely the same value as one penny halfpenny in the reign of George the Third. I should be guided, as nearly as possible, by the price of labor, which was one penny halfpenny per day then; and now, where I live, one shilling and sixpence, though it ought to be much more, and would be so, except for the abuses of the poor laws.

By the 12th of Richard the Second, it is enacted, that a bailiff for husbandry shall take 13s. 4d. by the year; the master hind, 10s.; carter, 10s.; cowherd, 6s. 8d.; driver of the plough 78. BY THE

YEAR.

By the 25th of Edward the Third, it is enacted, that "none shall pay, in the time of sarcling or haymaking, but A PENNY A

DAY!"

I think you will admit I have not overcharged the estimate.

But you ask, "Were such LARGE rents and fines as are now, known in the time of Richard the Second, any more than knives, forks, plates, and spoons?"

Surely, Sir, you will retract this question. The possessions of the College are not larger than they were in Richard the Second's time! They are the same; and the rents now will not purchase more labour, or necessaries, or conveniences, than they would then.

I now ask the reader, whether he can do otherwise than believe, that the language you have used against these institutions has been detrimental to the cause which you are so anxious to promote?

One word more in answer to what you have thrown out respecting the funds being applied to increase the number of boys. The numbers cannot be increased, according to the words of the statute; and most erroneous is the inference, that, because the number may be diminished by the funds failing, as at Eton, therefore they may be added to, when the words of the statute are, augeatur et accrescat, ac alias in omnibus percipiant, SICUT PRIUS.

That is, they shall proceed increasing, AFTER THE DIMINUTION, till they attain the ORIGINAL NUMBER-SICUT PRIUSas it was before the diminution.

Now, Sir, you, who are so anxious that the will of the founder should be complied with literally, suggest an improvement, which

strikes at the root of his expressed will. William of Wykeham established his colleges for SEVENTY scholars, numerically, at Winchester, and SEVENTY fellows at Oxford, neither more nor less; and he is said to have laid down the exact number of seventy, after the number of the disciples; warden and ten fellows, after the number of the apostles, Judas being omitted; three chaplains and three inferior clerks, after the number of faithful deacons, six ; sixteen quiristers, the number of the prophets, twelve greater, and four less.

Whether these numbers were fixed on from FANCY, or SUPERSTITION, or piety, we can have no right to alter them. You doubtless think the fellows have too much. I think they have too little, to live even with that degree of respectability which their benefactor intended. 10. a year was the income of a fellow of New College, during the life of the founder; and a fellow of Winchester was elected to that station, as to a station of greater preferment. I leave you to judge, if a fellow of New College had 107., how much more he would have now, reckoning ad valorem ; and by consequence, if a fellow of Winchester was higher in point of preferment, how much greater the endowment might reasonably be expected. Now the utmost they have as fellows, is barely sufficient to place them in what you may call "easy," certainly not in rich 66 circumstances."

But an impression is made, as if the funds were applied to nourish the selfish extravagance of the fellows, an impression the more to be deprecated, as it is excited at a time when it has been asserted, that the present order of society is a confederacy of kings, lords, and priests, against the poor.

I have no other object in making these remarks, than a wish that, after having perused them candidly, you should reconsider the impression you have made.

Nor am I in fear, that these venerable institutions will be destroyed, or even shaken. Their battlements have weathered very angry storms, and remain inviolate.

The noble foundation escaped almost by miracle from the rapacious tyranny of Henry the Eighth, for two years, a decree of dissolution remaining against it. It escaped again, and almost by miracle, from the Puritanical and republican Iconoclasts, under Cromwell; and was saved only in consequence of his leaders, Nath. Fiennes, or Law, the regicide, REMEMBERING THEIR

OATHS!!

Far be it from me to attribute any views of hostile violence to you. No, Sir; I believe your motives to be as benevolent as they are sincere; and I pray to GOD, that your endeavours may never be relaxed, till EVERY POOR MAN IN THIS KINGDOM has