tection of the gold and silver coin: by § 12 of the same statute similar provisions were made with respect to copper coin; but the penalties are transportation for seven years, or imprisonment for any term not exceeding two years.

Section 10 of the act contains a provision against making, mending, or having in possession any coining tools. The penalties are transportation beyond the seas for life, or for any term not less than seven years, or imprisonment for any term not exceeding four years.

The form of this act of parliament is a good example of the adherence to established principles. The object of the act is to protect the public interest, and to prevent people from being defrauded by the makers and issuers of base coin; and it is for the public interest that such fraud as coining should be punished with any amount of severity that is necessary to attain the object. But the offence is treated, even in the last act, as if it consisted in counterfeiting the king's coin, and not in injuring the public; and thus the legal offence is made to consist in the imitating of that coin which the king alone, by his prerogative, can make and issue; for it is an offence against the king's prerogative, whether the coin is of base metal or as good as the king's coin. The form of the act, however, accomplishes the object, just as well as if it were based on the principle of the mischief of coining; and the preservation of forms is certainly of some importance in governments of all kinds. The punishment for making coin to imitate the king's coin, even if the metal be as good as the king's, is necessary; for there would be no security for good money if anybody might make it. But some changes have been made by the act of William IV., which have brought the law nearer to its true object. Those offences against the coin which were formerly high treason are now felony; and the punishment of transportation has been substituted for the former punishment of death, a circumstance which tends to render the execution of the law more steady and efficient. [MINT.]

COLLATIOŇ. [ADVOWSON; BENEFICE, p. 340.]

COLLEGIUM, or CONLEGIUM (from the word Colligo, "to collect or bring together"), literally signifies any association or body of men. The word Corpus was also used in the same sense, and those who were members of a collegium or corpus were hence called corporati; from which come our terms corporation and corporators. The word Corporatio (Corporation) was also used under the Empire. The word Universitas was sometimes used as equivalent to Collegium or Corpus, but it had also the more general signification of "community," or "collective body of citizens." In the Roman polity collegium signified any association of persons such as the law allowed, and which was confirmed by special enactment or by a senatus consultum, or an imperial constitution, in which case it was called Collegium Legitimum. A collegium necessarily consisted of three persons at least. (Dig. 50, tit. 16, s. 85.)

In general, any association for the purpose of forming a collegium, unless it had the sanction of a senatus consultum, or of the emperor, was illegal (illicitum); but when dissolved, the members were allowed to divide the property of the association according to their respective shares. The members of a collegium were called Sodales: the terms and object of their union or association might be any that were not illegal. They could make regulations for the administration of affairs, or by-laws as we call them, provided such regulations were not contrary to law. (Dig. 47, tit. 22.)

A great variety of collegia (many of them like our companies or guilds) existed at Rome both before and under the empire, as we see by ancient writings and inscriptions, such as the Collegia Fabrorum, Pistorum, Pontificum, Fratrum Arvalium, Virorum Epulonum, Augurum, &c. Some of these, such as the colleges of Pontifices and Augurs, were of a religious character. These collegia possessed property as a corporate body; and in the time of the emperor M. Antoninus, if they were collegia legitima, they could take a legacy or bequest (Dig. 34, tit. 5, s. 20) in their corporate capacity. Collegia were allowed, as a matter of course, to have a

(Show. P. C. 35.) A visitor is not bound to any particular forms of proceeding, and, in general, want of jurisdiction is the only ground on which he is liable to prohibition. If a visitor's power is not limited or defined, he must use his best discretion. If a power to interpret the statutes is given to any person, as to the bishop of the diocese, this will constitute him and his successors visitors. The heirs of a founder cannot alter the statutes, unless such a power is expressly reserved; and it appears, that where the king is founder, his successors cannot alter statutes without the consent of the college, unless such a power is reserved. But as to the power to alter statutes, it must be observed, that in the case of the crown at least, it has not unfrequently been done, though such a power might possibly be disputed, unless expressly reserved to the founder and his successors by the original statutes.

Whenever a visitor is appointed, the Court of Chancery never interferes with the internal management of a college; but this court exercises jurisdiction on all matters pertaining to the management of the funds, for as to the funds of a college, those who possess the legal estate are in the situation of trustees. If governors, or persons called visitors, have the legal estate, and are intrusted with the rents and profits, the Court of Chancery will make them account. In colleges, when a new foundation is engrafted on the old one, it becomes part of the old one, and subject to the same visitorial authority, unless new statutes are given with the new foundation.

The validity of all elections in colleges must be determined by the words of the founder's statutes or rules. In the disputes that have arisen on elections, the point has generally been, whether the master's concurrence is necessary, or whether a bare majority of the electors, of which electors the master is one, is sufficient. In Catherine Hall, Cambridge, fellows must be elected "communi omnium consensu, aut saltem ex consensu magistri, et majoris partis communitatis;" and it was held by Lord Eldon, upon these words and another clause which follows, that no election

was valid in which the master did not concur.

The statutes of Clare Hall, Cambridge, require "that the election of a fellow shall be by the master and the major part of the fellows present;" and here it was held (A.D. 1788) that a valid election might be made without the concurrence of the master. But this interpretation is obviously wrong, and is referred to with disapprobation in the subsequent case of Queen's College, Cambridge (5 Russell).

Colleges (13 Eliz. c. 10) cannot grant leases of their land beyond twenty-one years, or three lives; and in such leases the accustomed yearly rent, or more, must be reserved, payable yearly during the term. By 18 Eliz. c. 6, in all leases made by colleges in the universities, and by the colleges of Winchester and Eton, one-third of the whole rent must be reserved in corn. The Mortmain Act of 9 Geo. II. c. 36, which has put considerable obstacles in the way of gifts of land or money to be laid out in land in England for charitable purposes, does not extend to the two universities of Oxford and Cambridge, or to colleges in the two universities, nor to gifts in favour of the scholars of Eton, Winchester, and Westminster. This statute contained a restriction as to the number of advowsons which a college in either of the universities of Oxford and Cambridge was allowed to hold; but this restriction was removed by 45 Geo. III. c. 101, having been found, as the preamble to this statute sets forth, injurious to learning. These colleges can therefore now purchase and hold as many advowsons as they please.

Of late years various places of learning have been incorporated under the name of Colleges by royal charter, such as University College and King's College, London. Both these colleges consist of a large number of shareholders or proprietors, in whom the property of the college is vested. Both these colleges are governed by a council; and King's College has also a principal, and in other respects is assimilated to the colleges at Oxford and Cambridge. University College has no principal or other corresponding officer: but it has a senate composed of the professors of the college, a pre

sident and two vice-presidents; and faculties of arts and laws, and a faculty of medicine. The constitution of King's College assimilates it to the nature of a college at Cambridge or Oxford: that of University College assimilates it more to the character of the universities of Oxford and Cambridge, which are mere civil corporations. Neither University College nor King's College confers degrees; but the students of both colleges may take degrees in the University of London, subject to certain regulations. The College of Physicians in London, and the College of Surgeons, are also instances of civil corporations established under the name of colleges; and the Herald's College is another.

A Collegiate Church is a church that has a college or chapter of canons, but no bishop, and yet it is said to be under the authority of a bishop. But in the case of Manchester College, a mandamus from the Court of King's Bench was directed to the Bishop of Chester, as warden of Manchester College, to admit a chaplain. The bishop happened also to be visitor of the college. It was held by the King's Bench, that in the case of a spiritual corporation the jurisdiction was in that court, unless there was an express visitor appointed, and the court interposed in the present case, because there was no separate visitorial power then existing, owing to the union of the wardenship and visitorship in the same person. This case was afterwards provided for by an express act, 2 Geo. II. C. 29. The canonists require three canons at least to constitute a collegiate church, because three, according to the Roman law, were required to make a college. These collegiate churches are sometimes simply called colleges, and were formerly more numerous. Westminster, Windsor, Eton, Winchester, Southwell, and Manchester are collegiate churches. Probably schools were always a part of such foundations: those of Eton, Westminster, and Winchester have flourishing schools.

As to the relation between the English universities and the colleges within their limits, see UNIVERSITY.

The statutes of all the old colleges in

England are in Latin; and, indeed, with the exception of some comparatively modern endowments, probably all college statutes are in Latin. Those of Eton College, of Trinity College, Cambridge, and of St. John's College, Cambridge, which may serve as specimens of the statutes of such foundations, are printed in the Education Reports of the House of Commons, 1818.

Meiners (Geschichte der Enstehung und Entwickelung der Hohen Schulen, &c., Göttingen, 1802, vol. i.) has given an interesting chapter on the origin of colleges in universities. The colleges in the University of Paris were the first institutions of the kind in Europe, though it is a mistake to suppose them older than the university itself.

The terms College and University have been often confounded in modern times, and indeed are now sometimes used indiscriminately. Some of the incorporated places of learning in the United States, which confer degrees, are called universities, and some are called colleges, though there is in fact no distinction between the two. Some of these institutions called colleges contain the schools or departments of arts, law, medicine, and theology; and some that are called universities contain only those of arts, law, and medicine. Some of these colleges are more limited as to the objects of instruction, but still they confer degrees. If we look to the origin of colleges and their connexion with universities, it will be evident that the indiscriminate use of these terms is incorrect, and tends to lead to confusion. When an incorporated college, such as the College of Surgeons in London, is empowered to confer a degree or title after examination of candidates, some other name would be more appropriate. According to modern usage, the term university is properly applied to corporate bodies which confer degrees; and this is the title by which the University of London, which is empowered to confer degrees in arts, law, and medicine, is incorporated. It is convenient at present to distinguish colleges as places of learning which do not confer degrees, from universities which do. The word Academia, though an old Greek word,