During the long struggle for the removal of the religious tests, the two ancient Universities had incurred much unfavourable criticism; and the conviction had gained ground in Parliament and the nation that they were still in bondage to antiquated prejudices, and failing to fulfil their educational mission. This belief was shared by many distinguished resident members of both Universities; but they knew themselves to be impotent to effect the changes they desired, unless the State came to their aid by appointing a Statutory Commission. But they could not confidently count on receiving such assistance. It was only comparatively recently that the statutes of the University and colleges had been revised by the Statutory Commissioners appointed in 1856; and it might well be thought that their handiwork should be given time to prove its value, and that constant intervention by the Government must produce a state of uncertainty, detrimental to educational progress. But if further reforms were really urgently needed, the disturbance of academic peace was not too high a price to pay for them.

The designs of the Government were partially revealed on 17 July 1871 when Lord Edmund Fitzmaurice asked the Prime Minister whether it was “the intention of Her Majesty's Government to deal with the question of University reform by the appointment of a Royal Commission or otherwise”. Possibly Gladstone, who was then Prime Minister, had arranged for the question to be put, for he was very ready with an answer.