ty had to attach himself to
some college or hall, and every person admitted to a college or hall was
obliged to matriculate himself in the university.
In Ayliffe's _Ancient and Present State of the University of Oxford_ it
is stated that a college must be "made up of three persons (at least)
joined in community. And the reason of this almost seems to speak its
own necessity, without the help of any express law to countenance it:
because among two persons only there cannot be, in fact, a major part;
and then if any disagreement should happen to arise between them it
cannot be, in fact, brought to a conclusion by such a number alone in
case both the parties should firmly adhere to their dissenting opinions;
and thus it is declared by the civil law. But by the canon law it is
known to be otherwise; for by that law two persons in number may make
and constitute a college, forasmuch as according to this law two persons
make and constitute an assembly or congregation. The common law of
England, or rather the constant usage of our princes in erecting
aggregate bodies, which has established this rule among us as a law, has
been herein agreeable to the method and doctrine of the civil law, for
that in all their grants and charters of incorporation of colleges they
have not framed any aggregate body consisting of less than three in
number." Another principle, apparently derived from the civil law, is
that a man cannot be a fellow in two colleges at the same time. The law
of England steadily resisted any attempt to introduce the principle of
inequality into colleges. An act of 1542, reciting that divers founders
of colleges have given in their statutes a power of veto to individual
members, enacts that every statute made by any such founder, whereby the
grant or election of the governor or ruler with the assent of the most
part of such corporation should be in any wise hindered by any one or
more being the lesser number (contrary to the common law), shall be
void.
The corporation consists of a head or master, fellows and scholars.
Students, not being on the foundation, residing in the college, are not
considered to be members of the corporation. The governing body in all
cases is the head and fellows.
It is considered essential to corporations of an ecclesiastical or
educational character that they should have a Visitor whose duty it is
to see that the statutes of the founder are obeyed. The duties of this
officer have been a
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