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 and he left a lasting impression behind him. In 1871 there were 40 scholars, by 1874 50, and the number at one time rose to 80. Acland's enthusiasm is also indicated in the complete transcript of the Liber Scholae Colcestriensis that he prepared for and presented to the Essex Archaeological Society, and from which J. H. Round later composed his List of Colchester Scholars (Wiles, Colchester, 1897).

In 1872 the School was again inspected, this time by the Endowed Schools Commissioners, under the Endowed Schools Act (1869), and their report aroused a controversy which continued for nearly 30 years. The object of the Commission was to investigate, with a view to improving, the administration and finances of endowed schools, and the trouble at Colchester was caused by their ruling that the School was not in the meaning of the Act a "Church of England School," and their publication of a draft-plan which abolished the distinctly Anglican character of the establishment, This plan included the abolition of the foundation as a charity (allowing, however, a number of free scholars to be selected by competitive examination); the prohibition of boarders; the exclusion of Greek from the curriculum, and the appointment of a new Board of Governors; and it was opposed violently by the Church of England party in the town. As a result of this opposition the plan was dropped, but the controversy went on. The Nonconformists now discovered ground for complaint in that the School, although in law not a Church of England establishment, was conducted as though it were, and it appears that while no boy had ever been excluded upon religious grounds (there is even a record of a Quaker's son in Dugard's time), some Nonconformist parents fought shy of sending their sons to such a school. The Trustees questioned the findings of the Commission, but they were upheld. Despite the Statutes of 1587, which prescribed religious instruction—including examination in "Mr. Nowell's Catechism"—the School was declared not to be a Church of England School within the meaning of the Act, as no specific recognition of such a status could be produced, and even "Mr. Nowell's Catechism" had never been officially recognised by the Church of England. The only Statute that could reasonably be held to justify the School's claim, the Commissioners said, was that requiring the scholars to hear sermons, and be examined in them, but this had not been continuously observed.

Meanwhile, however, the Statutes had the authority of law, and as they had obviously been framed on the assumption that the School was to be a Church of England School, and the Trustees were bound to conduct it in accordance with the Statutes, the dissentients had no immediate redress. These grievances were aired at a public enquiry of the Charity Commissioners in 1886 (Essex Telegraph, August 4th, 1856), when there were 45 boys at the School, of whom 20 were foundation scholars. It was suggested that the fees were unduly high, being 16 guineas a year for ordinary day- boys. This was an increase of four guineas over the corresponding Rh