Public Schools Act 1868
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The Public Schools Act 1868 was enacted by the
British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
to reform and regulate seven leading English boys' boarding schools, most of which had grown out of ancient
charity school Charity schools, sometimes called blue coat schools, or simply the Blue School, were significant in the history of education in England. They were built and maintained in various parishes by the voluntary contributions of the inhabitants to ...
s for the education of a certain number of poor scholars, but were by then, as they are today, also educating many sons of the English upper and upper-middle classes on a fee-paying basis. The preamble describes "An Act to make further Provision for the good Government and Extension of certain Public Schools in England." The concept of a
public school Public school may refer to: * State school (known as a public school in many countries), a no-fee school, publicly funded and operated by the government * Public school (United Kingdom), certain elite fee-charging independent schools in England an ...
therefore predates this Act. The Act followed the report of the
Clarendon Commission The Clarendon Commission was a royal commission established in 1861 to investigate the state of nine leading schools in England, in the wake of complaints about the finances, buildings, and management of Eton College. It was chaired by the 4th ...
, a Royal Commission set up to inquire into nine leading schools, which sat from 1861 to 1864 and investigated conditions and abuses which had grown up over the centuries at these originally charity schools. The bill was presented for its first reading in the Lords by Lord Clarendon on 13 March 1865 and for its second reading on 3 April 1865. The bill was in two parts, the first containing the general provisions of the bill and the second containing specific proposals for each school. St Paul's School and Merchant Taylors' School were omitted, as they argued successfully that their constitutions made them legally "private" schools and that their constitutions could not be altered by public legislation; thus the act concerned itself with the other seven schools investigated by the Clarendon Commission: *
Charterhouse School (God having given, I gave) , established = , closed = , type = Public school Independent day and boarding school , religion = Church of England , president ...
*
Eton College Eton College () is a public school in Eton, Berkshire, England. It was founded in 1440 by Henry VI under the name ''Kynge's College of Our Ladye of Eton besyde Windesore'',Nevill, p. 3 ff. intended as a sister institution to King's College, C ...
*
Harrow School (The Faithful Dispensation of the Gifts of God) , established = (Royal Charter) , closed = , type = Public schoolIndependent schoolBoarding school , religion = Church of E ...
*
Rugby School Rugby School is a public school (English independent boarding school for pupils aged 13–18) in Rugby, Warwickshire, England. Founded in 1567 as a free grammar school for local boys, it is one of the oldest independent schools in Britain. Up ...
*
Shrewsbury School Shrewsbury School is a public school (English independent boarding school for pupils aged 13 –18) in Shrewsbury. Founded in 1552 by Edward VI by Royal Charter, it was originally a boarding school for boys; girls have been admitted into the ...
*
Westminster School (God Gives the Increase) , established = Earliest records date from the 14th century, refounded in 1560 , type = Public school Independent day and boarding school , religion = Church of England , head_label = Hea ...
*
Winchester College Winchester College is a public school (fee-charging independent day and boarding school) in Winchester, Hampshire, England. It was founded by William of Wykeham in 1382 and has existed in its present location ever since. It is the oldest of the ...
The act regulated these seven schools in a number of ways, as recommended by the Clarendon Commission, with the aim of creating better conditions in them and preventing abuses, and authorized the establishment of a board of governors for each school, to supervise their administration. It also freed them of their obligations under their founding charters to educate "Foundation Scholars", i.e. scholarship boys paying nominal or no fees. The Act made it clear that parliament had authority to legislate for the schools. The act led to development of the schools away from the traditional exclusively
classics Classics or classical studies is the study of classical antiquity. In the Western world, classics traditionally refers to the study of Classical Greek and Roman literature and their related original languages, Ancient Greek and Latin. Classics ...
-based curriculum taught by clergymen, to a somewhat broader scope of studies. In 1887 the Divisional Court and the Court of Appeal determined that the
City of London School , established = , closed = , type = Public school Boys' independent day school , president = , head_label = Headmaster , head = Alan Bird , chair_label = Chair of Governors , chair = Ian Seaton , founder = John Carpenter , speciali ...
was a public school.''Blake v The Mayor and Citizens of the City of London'' 887L.R. 19 Q.B.D. 79.


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Text of the Public Schools Act 1868
Education in England {{Portal bar, United Kingdom, Law United Kingdom Acts of Parliament 1868 United Kingdom Education Acts 1868 in law 1868 in education July 1868 events