The Sun. — London, England, 1823-05-10 00:00:00

dray t the t ‘l Vt4t ant- ye pr) to 11. reach the oreign Still, ' the ice of sula ; ...) • ' i ; - 4 -t., ;• , rise 1 - Q' )., , 1 ‘,.._ ; *11 , 4 • •,,, •,§ , „,.. a , ~. i * - 1 ,--- .1 1 '. ',:,-: .. •,$, : ' , 4', ' ~..._ 4S , r' ri " j ' 1 •- 1 ''-, k ,r ' 1 - t' ..) i: ". 'f'.. r - .. '''''.•, ''" ;' ( Ira, . I. ' 7 ' l' ''i,..9 .1 .: • '.. ' '4l , . ',.; ') _ - ,"‘7l?` .-:; 4- 0 ' 1 '7"" F .. 4)' ,' . 1, ._ ~ 1 1 1 '4,.. ':',..c,,: ..e i- ,17 2, .... ` .. ..2 ... ..i......e*, • c ;r: l e i ; r t if .-;./- ..4 4) , fi , 7 , ,,,,.it i 0N t r, • . 1 It 4 t • FASHIONABLE ARRIVALS. Lord de Dunstan ville, at Nerot's Hotel, Cliiford.street, Bond street ; Sir Henry and Lady Bunbury, at ditto ; Lord Gort, at ditto; B. Brooksbank, Esq. at ditto; Captain Hunter, at ditto; Hon. Mr. Bennett, at ditto ; Sir Edward and Mr. Baker, •at Kirkham's Hotel,. Lower Brook-street, from their seat in Dorsetshire ; the Hon. Colonel Dalrymple, at Fenton's Hotel, St: James's -street, from his seat in Kent ; Colonel Austin, at Jordon's Hotel, St. James's-street, front his seat, Kipington, Kent ; the Honourable Mr. and Mrs. De Gray, and the Alisses De Gray, at Mivart's Hotel, Lower Brook-street, from Southampton. DE paitTtr RES.—Major De Havilland,from Fladong's Hotel; Oxford -street, to Oxford; Alexander Smith, Esq. front ditto, to Barnet; Mrs. Ackland and Ladies, from Negrot's Hotel, Clifford -street, for Bath; Mr. Mrs. and Misses 13urgoine, from ditto ; Mr. and Mrs. Macdonald, and Capt. Temple, from ditto; Dr. Weatherhead, from Bruton-street, for Leamington Spa. BATH ARRIVALS.—Lord and Lady Duflerin, Lord Mount Sandford, Lady:Bampfylde Lady Clonbrock, Lady Gifford,by Lady L es li e, Si r Patrick and Lady. Ross, lion. G. Villiers, Sir A. Barnard —Admiral Sotheby, Major-Gen. M‘Nair, Col. and Mrs. Pearson, Major Dicken, Capt. Arden, ' Capt. Agassize, Capt. Browne, Capt. Clay, Capt. bdgecumbe. Capt. Farewell, Capt. Foster, Capt. Holland, Capt. Roberts, Capt. Simeon, Capt. SYkes—Rev. Canon and Mrs. 'Wodehouse, Rel. Mr—Bayntun, Rev. Mr. Gooche, Rev. Mr. Helyar, Rev. Mr. Wilson. f the t o in- nt to ea to rad of a a nd bend El not PA S MAK A RTI ES. Prince LEOPOLD H gave IONA a grand P entertainment yesterday to the Marquis and Marchioness of Lansdown and a numerous party; in the evening his Royal Highness gave a splendid rout at Marlborough House. TILE COUNTESS OF DERBY'S ASSEMBLY.—Her Lady ship entertained a select portion of the fashionable world, at her house in Grosvenor squire, on - Thursday evening. The following were present, viz.—His Royal Highness the Duke of GlouCester, his Royal Highness; Prince 'Leopold, Duke and Duchess of Somerset, anal Lady C. Seymour, Duke and Duchess of Leinster, D u k e a nd D uc h ess o f A rg yll, an d L a di es •Pageti Marquess and Marchioness of Lansdown, Duke of Devonshire,. Earl Grey and Ladies Grey, Earl of Essex, Conn tests Cowper, Countess of Jersey, Lord and Lady King, Earl Fortescue, and Ladies Fortescue, Earl of Stamford and Lady Jane Grey, Earl and Count ess of Harewood, &c. The Countess of Essex gave a grand dinner on Thursday .evening, at her house in Hill-street., Berkeley-square; the three drawing-rooms were most brilliantly illuminated; there were present nearly 400 persons of the first distinction and fashion. The Earl and Countess Morley gave an elegant entertain .lnent yesterday to the Marquis and Marchioness of Stafford, Earl Gower, Lord Belgrave, Viscount and Viscountess Gran .ville, and a distinguished party, at Kent House. . The Duke of Grafton entertained a distinguished party to dinneryesterday, at his house in Clarges-street, Piccadilly. Lord Saltoun had a dinner party yesterday at his house in Ctimberland-street. Lord Woodhouse entertained a large party at dinner yester day, at hi s h ouse in Upper Brook -street. In the evening her Ladyship had an elegant circle of distinguished fashionables. The Lid of Aberdeen had a dinner party yesterday at his house in Argyll-street. i t H. Davy, Bart. entertained the Earl and Countess of Lonsdale, and a large party of distinguished personages, to dinner Yesterday, at his house in'Grosvenor-strcet. pre- traits must have e sire sud. with !ilic al nea- ti ,cao Vis' POETRY. ,ct qf i n g on PO is be• p o ring a her- ON MY HOURS. 13Y THE LATE DR. WOLCOT. ( Not before printed.) My nouns are CHILDREN I revere, In comes a fool and stun's my par-- • Unhappy HOURS, Ileavrn help 'em ! An INDrAti, with a Knife of Deitt4, Methinks breaks in, with yelling breath, Poor souk! to seize and scalp 'em. . KING'S coNEER,TitooMS, (Hanover-Square). • Mr. VAUCHAN, musical talents , are so sleservedl7 admired, had his ann ua l C oncert l ast n i ght i n these lhe musical treat was of the best order. Mr. F. CRA. shill led, and Mr. GREATOREX presided at the harpsichord. .The orchestra, was filled with first-rate performers. 'the vocal and instrumental pieces were well selected, and agreeably diver lilied- A printed apology was prefixed to the book fur the absenea of Madame CasteottEsE, and her place was ably sup. hp Miss TREE. MTS. SALMON, Miss STEPHENS, }lie d „.v. RAY IS, VAUGHAN, BELLAMY, NV: KNYVET T., B. „,a-EltitAlL, J. B. SALE, were the chief vocal performers. Miss 4-10 :E had the only encore in "Mary I believ'd thee true," Which she sung with pathetic symplicity. Mont gave a Pot Pouri on the violin. Tlid. Whole concluded with the grand chorus " God save the King." The room had a very elegant and numerous assemblage of 'visitors. he Id , with rong Jto i y) 1s rS t° glad alai, nish re )1110 r to di tto s is nisi' DO' )(ea ow' ver . ind - • Mrs. BItAIIAM gave a Musical Entertainment list night to a party of private friends, which was numerously attended. Mr. BRAIIAM, Mr. KELLNER, Miss WM1249021* and Miss CAREW, highly gratified the company by their vocal and instrumental performances. Mr. MOCIIELLES displayed his extraordinary s kill i n two concertos on t h e pianoforte. M rs . f,: r im "Fs % whom h er f am il y h a d p ro p er l y preva il e d on to see k some intermission of anxiety under her recent and heavy lon ' w as, present, and was observed with that sympathy and es teem sojustly due to her high professional and personal c h ar c. ter. 'Mr. BRATIAM sung " Lord remember David" in such a beau - _finose unrivalled L w o_ul and pathetic manner, as evidently affected thathrreat A ctress powers so often affected the public.— !i e l? retired at an early hour, receiving, as she passed, the heart ebtnindant supper felt tribute of general respect. There was a very elegant and h. could gratify t and the younger part . of the visitors con ei It ed the whole with quadrille:, &c. Nothing was omitted the company; and the amiable Hostess was t in her exertions to promote general pleasure. go; ne' tbe of KING received a long visit from the Duke Yciax yesterday. b . Ye sterday the Earl of LIVERPOOL transacted oaday ui‘i,s ;fess with Mr. CANNING, at the Foreign.office. ger night Mr. Saturn , the King's Messen -I‘,larrived in town, with dispatches from Spain. s a* NOLLlll( ttis , l of t is said that, on account will of differences among the Executors, the „ I " this Gentleman is likely to afford employ. mher will to the g ent l eman of the long ro b e, as an had been prepared, but was not signed 1 . )) , the T estator. The first will, though not so ex ii aordinary as that of M r . TIIELLUsON , or that Or Mr. COUTTS, is, by all accounts, sufficiently f in gulare It is reported that it was the inter'- !!en of the d ecease d to leave a very great por tion of the property to Sir WILLIAM BEECREY, can(' others) who was nominated as one of the Executors, and that the latter will was made , he the positive orders of the Testator, but that the LOW's delay" rendered it too late for sig. nature. As, however, the property is very large, I t is not improbable that a liberal and amicable arr angement among the parties may yet obviate all litigation. We regret to learn, that by the fall of a tree -ear New Brunswick, on Sunday last, Mr. MATHEWS, the ,sTnetlian, received some ury, and Mr. PRICE, the Manager "` the Park Theatre, had his leg broken. These Gentlemen Were on their way from Philadelphia to this city; in a private Qdr ri age.-4The foregoing information is derived from the Phi. • 4 Phi Gazette. If true, it is singular that the news should tot ha ve b een received here before this late period.]—(New L' period.]—( New or, s h Pape r , April 2.) E bEsTRIANIS3I.—An undertaking to go from London to 1 00th mile stone on the York road, and back, in three ? " 3 Y B , was commence'd on Thursday morning for 100 Bove bY Mr. West, the pedestrian. lie started at four o'clock, 'lnd went to Colliersend, twenty-four miles, to breakfast. He halted at Bucldand, thirty-three miles, at one o'clock, passed othrough Iluntingdon, at dusk, and laid down at ten o'clock, at f an-cross, completing his first day's work, and in good der. lie is accompanied by one horseman only. LAW PROCEEDINGS. COURT OF KING'S BENCH, APRIL 29, 1823. THE SING. V. THE VICE-CHANCELLOR OF THE UNIVER SITY OF CAMBRIDGE. SECOND DAY. (Continued from our Paper of yesterday .) Mr. TINDALE—After the case has been so fuy argued, I shall not occupy the Court at any length. I apprehend it is expected of us, that we should be able to convince your Lord ships what would be our situation if we could answer the affi davits on the other side; for the question is not whether we are right on the ground we occupy, for we are only asking that the matter may undergo further investigation, and to be per mitted to answer the case set up against us. Your Lordships will recollect, that in an early stage of the proceedings, weasked to answer some of the facts stated in the affidavits—facts which were either not fully stated, or incorrectly stated. At that time your Lordships thought proper (according to the general prae. tice of the Court) to refuse that application ; and all I now request is, that the rule may be granted, with a view of having the subject more fully investigated. I apprehend, my Lord, that the only two points which can be brought into discussion at this moment are, Whether this is an office where the Court will, according to its general prac tice, grant a mandamus,--and, whether we have shown your Lordships there is that degree of doubt of the true interpreta tion of this grace, that it deserves further investigation. Now, my Lords, as to the first point, I do not see we are weak upon that ground, on which we set out ; for we stated, that the office of professor was one of considerable dignity—that be has the exclusive privilege of lectures in the University—that he alone has the power of giving them without asking permission of the Beads of the Univeraity—that he takes an oath of office when he enters into the office, a fact which was a little doubted, but my learned friend, I believe, now concedes it; for the words of the oath taken is in the same terms as that taken by the Vice-Chancellor. We also stated to the Court then, and which is not at all doubted, that these lectures are matters of emolu ment to the party who delivered them ; and, which I think is another circumstance not to be neglected, that it has been the course and practice of the Crown, where ever a professorship has been established by the University, to allow a salary of one hundred pounds a year; it is allowed by Act of Parliament; therefore, I say there is in this professor a sufficient degree of emolument and profit to authorize the Court to grant this rule; there is also a sufficient degree of du. ration attached to it, for it is not said, that when the professor was first appointed he did not hold it for life, unless by miscon. duct, a subsequent grace of the University takes it from him. Then, my Lords, we have here a person who has that which in the contemplation of Law, is a freehold for the forfeiture of office by bad conduct, is, that which the law does not contem plate. We have a person who is in . possession of a freehold, and accompanied by an emolument; it is a place of dignity; some of my learned friends I see smile a little at that, but by graces, which some passed, and which are in the Statute-books in 1738, I think it was when a grace was passed for repairing that part of the church, where the Heads of the,University sit; it recites " that the gallery in St. Mary's Church is not suffi cient large for the Heads of Houses, Professors, &c." Mr. ALDEnsois--Where is that; it is not in the affidavits ? Mr. TINDAT.E—You have referred to the Statutes, and I am doing the same. Therefore, before the year 1738, the profes sors had a seat allotted to them in this conspicuous part of the Church. By another grace of the University, all professors are made syndics of the Library, also a place of great trust, and consequently of dignity; though not a place of emolument, they have certain places in processions, which the University records point out, and which carry us back as far as 1740, which shew that they have always occupied those places. This is a thing which, if it is not made the substance of the case, is not to be overlooked.; it shews the professors have always had a certain rank and dignity in the University, to which other members have no right. I do contend, therefore, my Lords, upon the first point there is a sufficient degree of certainty in the office as to emolu ment, as to make it • the subject of a mandamus. Is not there then upon the grace itself,—that is the only other ques tion upon the foundation grace of this professorship,--is not there a sufficient degree of doubt to allow a party to contest it as far as the rules of the law will allow ? Or is it so corn. pletely clear that he has no right to that which he asks at your Lordship's hands, namely, a mandamus, but that his right is to be concluded for ever ? Let us ask any person who merely looks at these words, unaccompanied by any usage, what interpretation he would put upon them ? The words are " Cum per mortem Edwardi D. Clarke, nuper professoris mineralogire munus isted jam vacuus existit. Placeat vobis ut abut ad idem munus exiquendem a vobis eligatur." Now, what is the construction which any person who reads those words would put upon them ? Would he say there was to be a previous nomination of two persons by a third body, not form. mg a component part of the body at large, one of whom must be chosen ? I say no person who merely read this grace could putany const ru ction upon it b u t th at it was to be an open election. " Curnper mortem Edwardi D. Clarke, nuper pro. fessoris mineralogists munus istud jam vacau existit. Placeat vobis ut alius ad idem munus exiquendem a vobis eligatur." It is a mistake that the meaning of the words " Placeat vobis," when a grace is originally presented to the Caput, is that is an address to the Caput alone—it is an address to the Senate in general. I can show that by the form which the Caput adopts upon such occasions, for though it goes up with ,these words, it is the custom to write upon the grace when passed, the word " ad," that is, "ad senatum." Let it go on—this is done before it is carried down. Lord Chief Justice AriporT—lt is addreessed in the same form to the Caput first of all. Mr. TINDALE—it passes the Caput, for unless approved by them it cannot get any further at all, so that the word " vobis" has the meaning of the whole body of the Senate who pass a bye-law. If it stands thus upon the bare construction alone, let us see what our affidavit states as to the fact of the belief which the parties had acting upon the words as they found them in the grace. Now, my Lords, Professor Sedgwick, in his affidavit, states decidedly it was his belief, and the belief of many persons with whom he conversed, that it was a public and open election which was intended; that it wassthe belief of many persons who voted that it was to be an open election. But, my Lords, let us go a little further, and see what the course and usage of the University were at the time of passing this grace, as far as related to the professorship simply si tuated ; t hat is the proper test to bring the question to. We must not, I am aware, talk of custom, strictly speaking, when the professorships are so modern ; but we have a right to talk of the usage of the University with respect to professorships similarly circumstanced. There are but four—Chemistry, Anatomy, Botany, and Music. It is perfectly clear, that when this grace was passed there were open elections, and it is also dear that graces were passed, on which persons were so elected, in the very words in which the present grace is passed. Then we have not only the form of the grace, the opinion of the per sons acting upon it, but the usage of the University, as far as it could apply to this grace. Considering what our argument is, I say this consideration alone would convinc& the Court, I speak with great deference, that there is that degree of doubt to entitle the party who claims this office to have it put upon a record, and to require an answer to it. The only attempt to answer it is, that we are bound down by the statute of Lliza. beth, that the election ought to be in the mode there stated, namely, by previous nomination; that it shall be in the same manner as the election of the Vice-Chancellor, according to the first words of the statute. Our answer to that is, that this is not an office of lector at all, according to the meaning given to this word in the statute of Elizabeth ; it did not , apply to the then existing professorships. each being governed by its own law and regulations. The " lectores" are put in opposi tion to " professores," that the words lector and professor may in some caseahe used synonimously, I am willingto accede torny learned friend, :but I say in thisplace the word used ought to be referred to the Barnaby lecturers, wins are chosen by%nornina tion ; but, my Lord, there are words in this clause which gets us out of the operation of this Statute : " Quibus elites a nobis non est provisions sequentur rnoduni et forusam in electione procancellarii proscriptum fient quo infra quatuOr decetii dies post vaceationem nisi aliter statutis nostris aut funclatione cau tum sit," and so on. What is the " funclntio," of 'this 'pro fessorship ? It is the grace passed on the death of Dr. Clarke it is that grace before which there was no professorship exist ing, it merely being an appointment of a particular intavidual during his life, but upon his death there was a special grace passed, " Placeat vobis ut slims ad idem munus exequendum a vobis eligatur," that gave the law of the election, and by not beingcomprehended within the word lector, or the word not al). plying to it, it comes within the clause o fi exception, " nisi aliter statutes nostris mit fundationc," &c. Ido not contend for a certainty, but I am contending, that the f a ir p r ob a bili t y of the meaning is, that it should be a foundation to be filled up by open election, and not by an election where there was a previous nomination. It is an important point for the Heads of Houses, though it is impossible to speak of them but with the greatest respect, for if they succeed in this, which isthe first effort that they are making, the remainder of the professorships of a similar nature, being four in number, will follow the re. eult ; and' thus they must all be elected by previous norni natiod ; therefore those in 'whom is the power of choice as it is conceived make a stand, though it is with the greatest possible respect, with a view to obtain that determination which the law of England will put upon the statute, they are desirous to have the most formal decision that the law of England can put upon it. As the subject has been gone into at such great length, I will not take up more of your Lordship's time. Mr. STARZIE—I am, my Lord, on the same side, and I shall trouble your Lordships with very few observations on this subject. I shall first obierve upon the right of the party in this case to be admitted, and I do that because I am perfectly sure if he has the right, no technical impediment will be per mitted to stand in the way of his remedy ; but that your Lord ships will do as you have done in former cases, where you clearly see that the party applying is entitled to a remedy, will, take care that he shall nut b e dismissed from this Court without one: With respect to the right of this mode of election in sisted upon by the heads of colleges, I cannot help observing that a great deal of stress is laid upon that which, it appears to me, is little more than verbal criticism. lam ready to ad mit, that the terms lector and professor are, in some instances, used indiscriminately; but I think if "our Lordships look at the occasions on which they are so used, I think you will see, that where they are used as synonimous terms, they are in stances which do not apply to the present case ; but, on the contrary, where any formal distinction was unnecessary, it was the duty of the professors to read lectures— Lord Chief Justice ABBOTT_ That was their only duty : do they present to degrees ? Mr. STanxtE—No, my Lord—therefore the application 'of the term lector to a professor.-- • Mr. ALDERSON—The regius professor presents to a degree, my Lord — Mr. SCARLETT—And so does the professor of Music. Mr. ALDERSON--He has a grace passed every time for that purpose. Lord Chief Justice ABBOTT—I did not mean to 'introduce discussion ;—it is not material. 11r. STARKIE—I submit it is a very weak argument ; be cause terms are used indiscriminately in some instances, where it is unnecessary to make a distinction between them ; that they are therefore to be taken as identical and synonimous for all purposes : indeed, my Lord, this very ingenious argument proves a great deal too much ; because, if correct, it would fol low, that the Barnaby lecturers; there mentioned, are profes sors, and were entitled to the same rank, and to sit in the elevated place in St. Mary's appropriated for Heads of Houses, which has been already alluded to. I inn quite sure if such was to be your Lordships' decision, those gentle. men would be astonished to find that they were raised to the rank of professors—it has never been attempted to be shewn, that before the statute of Elizabeth, they ranked with profes. son, and if the professors are merely lectores, it dues not appear how they became entitled to the rank which they now - hold. Therefore 1 apprehend that argument proves a great deal too much, for it goes to the extent of shewing that the lectores are entitled to the same rank in the University with professors, and to those privileges which professors enjoy over others. The whole of the argument on the other side is founded on a supposed identity of the terms in the first instance ; but I will not press that any farther. I think that the real question is entirely independent of it; supposing l ec t ures d oes include pro fessors, I submit, that the foundation in this case provides the mode of election. It has been said that an appointment of this kind by grace is inconsistent with that part of the statutes which has been so frequently alluded to in the statute, chapter 40, but so far from being so, this statute itself is very strongly in support of it, for it contain s a n exce pti on .— " Nisi aliter statutis nostris aut fundatione cautuni sit," &c.; therefore that Statute looked prospectively to the establishment of the professorship, by the foundation of which the election should be particularly pointed out ; well then, my Lord, in the present case, a grace has passed similar to those passed in former instances ; now, my Lords, if, upon that grace, it had been spe cially directed that the election should be " secundum morem burgensium" that would have excluded all doubt upon the subject ; but it does not use those words; the words are " a vobis, eligatur ;" the whole question then turns upon the mean ing of those words " a yob's eligatur ;" then, my Lords, to establish the meaning of those woicls, if there be a doubt upon the subject, the same practice surely must be resorted to which has been followed in similar cases. Now what has been the practice upon this subject ? I n the case of the anatomical pro fessor you find no fewer than five instances hare been adduced ; so in the case of the botanical professor the same precedent was followed, the wo r d s " a vobis ' were deemed sufficient to war. rant an election by the wholebocly, without any 'previous no mination ; therefore in six distinct instances those words have received a judicial construction' by the University ; then I ask what is to be opposed to this ? Is ther e a single instance which can be cited, notwithstanding the great industry used on the other side to shew that these words have had a different con struction ; if such a case could have been found I have no doubt it would hive been presented to your Lordship's notice; therefore it. appears to me that inasmuch as these words have received that construction in six different instances, and that construction is totally unanswered by any , practice to the con trary, I submit it ought to prevail in the present instance, and that at all events there is sufficient to induce your Lordships to give Mr. Jephson the opportuniy of having the merits of his claim more solemnly discussed. But, my Lords, in order to support their argument, it is ne cessary to rely upon the Statute of the 40th of Elizabeth, and they assume (for it has been an assumed) that it is binding upon the University ; but a very serious question may arise whether the Statute is so far binding upon the University, whether it can he considered as binding upon them, as they never accepted it, that very point arose as to the elec tion of the High Steward, which was by grace, and in that case the same objection was taken as is now insisted upon—that the election ought to have been similar to the election of the Vice-Ckancellor, and not " more burgensium." That then is a very srong case, inasmuch as it relates to the same objection, and - to the exception of this very clause of the Statute. I will red what is said upon' it by Lord Mansfield. When he gave judgment in that case, he said, " It is now contended that the election of High Steward ought to have been in the same mode as the election of a Vice-Chancellor, and this is rested upon ethe Statutes of Queen Elizabeth; but there is a vast deal of difference between a new charter granted to a new cor poration ( who must take it as it is given), and a new charter given to a corporation already in being, and acting either tin der a former charter, or under presumptive usage; the latter, a corporation already existing, are not obliged to accept the new charter in tow; they may act partly under it, and partly under the old charter or prescription ; whatever might be the notion in former times, it is mo s t certain uow, that the corpor ations of the University are lay corporations, and that the Crown cannot take away from them any rights that have been formerly subsisting in them under old charters or prescriptive usage ; the validity of these new charters must turn upon the accptance of the Uhiversity. When Queen Elizabeth gave these of Camb r id ge was o f anc i ent establish mStaentutiteasn,dthehydniity many prescriptive rights as well as former charters of very old date, and there was no intention to alter and overturn their ancient constitution. These Statutes un doubtedly meant to leave a vast deal upon the ancient consti tution of the University, without repealing or abrogating their old established customs, rights, and privileges ; nor could the University mean to accept them upon any such terms."—My Lord, it does not appear on the affidavits that there has been any subsequent acceptance, and that is the judgment which was given when that case of the High Steward came before the Court, a case which was very much discussed. The King v. Vice-Chancellor of Cambridge, Burrow, 11147. I submit, therefore, that this Statute is not binding upon the University, there having been no acceptance shewn. It has been said, my Lords, in the course of the argument, that the Vice Chancellor and the Heads of Colleges ought to re solve this question, by virtue of the clause of the Statute ad verted to. I confess I w as not a little surpris e d t h at suc h an argument should be resorted to in a case where the claim is that of previous nomination ; it would be to say that the Heads of Houses are to decide upon their own case—but it assumes, my Lord, a point which we by no means conceded to them, namely, that that Statute is binding upon the University —my learned friend says it has been constantly acted upon ; I believe the contrary—there may be many instances of dissent for aught Iknow. _ Mr. Justice BAYLEY—You would admit, I suppose, that they may have a general right, but yet they would not have a right in a particular instance, where their own privileges are concerned. Mr. ALnzasox r -They determined the case of the Beadle on this very Statute. Mr. STAnitir.--If that were to be a president or an authority for ousting the jurisdiction of the Court of King's Bench, the efibct would be very singular indeed, if they have-a power to decide upon those cases which concern themselves, it would be giving them the whole of the power. But I apprehend this is not a question on the construction of the Statute, but upon the meaning of the particular grace, and that brings me to make this observation, and it contains the whole essence of the case, namely, that the University have a right to constitute professors by grace, and this kind of right never was disputed, it has been acted upon for a century ; the terms " a vobis eligatur" are not of modern acceptation, they are almost as old as the times, when the professorships of the Universities were esta blished, and we find that in MIX instances the construction for which we contend has been given to them. If we succeed upon this part of the case, therefore, which concerns the right, I am sure your Lordships will have no difficulty in finding a remedy. As this subject has been gone into at great length upon the present, as well as upon a former occasion, I will not take up more o your Lordships time, except to cite one case in support of what I have been stating. it IS the case of the King v. Barker and others, reported in Burrow, 1265. It was a man.. damus which issued to certain trustees, requiring them to admit a certain individual to the use of a pulpit. It has been contended that you are only to issue a writ ofmandamus where a salary is annexed ; this is an instance to the contrary. In this case there was a meeting-house and garden vested in trustees for the use of the Ministers. The prayer was that the applicant should be admitted to the use of the pulpit, without stating any emolument---.--- purposes of di csncy —i t Mr. Justice BAYLXY—For the was to prevent a contest in the place of worship ; that was the principal ground on which I believe that case was decided. Mr. STARKlE—Lord.Alansfield took occasion in that case to say, " That the Court had thought'of the case of the curate of the chi pel of Callow, since the determination of it, as well as before, and they were thoroughly satisfied with the grounds and principles upon which that mandamus was granted."_ Then he says, " Where there is a right to execute an office, perform a service, or exercise a franchise, (more especially if it be in a matter of a public concern, or attended with profit-- Lord Mansfield therefore most clearly did not consider profit to be absolutely essential to this species of remedy)—and a per son is kept out of possession, or dispossessed of such right, and has no other specific legal remedy, this Court ought to assist by mandamus upon reasons of justice, as the writ expresses,__ " Nos A. B. debit am et festinam, justitiam, in bac p ar t e fieri volentes tit est justum." Then, my Lord, in the case of the King v. the Vice Chancellor of Cambridge, Lord Mansfield says, " The next question is as to the remedy—there is no other than what is now applied for, and this is the very reason of the Court's issuing the prerogative writ of mandamus, be. cause there is no other specific remedy." . - Then he says, " It is admitted that a mandamus would lie, if• it can be considered as the. case of a steward of a Court - leet.— But it is said that the franchise of the Cotirt-leet is in the town of Cambridge, anti not in the University, but the Uni versity have enjoyed it long, and they arenow in possession of it," and so on. And then he says, " But if it were not so, I should still think that as here is 'no other specific remedy the Court ought to grant the writ." Mr. Justice Wilmot says, in the same case, If there is a clear right, the Court ought to find out a suitable and adequate remedy, anti (in his opinion) even to have made a precedent, if 'they could not have found one, for where there is a right law and justice required, that there should be some remedy or other." I would only just refer your Lordships further to a dictum of the same kind, in the the case of the Clerk of the City Works, London, 2d Siderfin, 112 and 113. The Lord Chief Justice there said, " A man.. damus should be granted in two cases ; First, to restore to an office which concerns the administration of justice—Secondly, wherever the office or degree is for the public weal." Under these circumstances, My Lords, I submit that the terms a vobis elegatur have received an established construc tion from the practice which has been adopted upon them; a nd in the next pl ace , f or t h e reasons which have been urged by Mr. Tindale, which I will not repeat; it is a freehold office, and it is attended with profit; there is a certain sum paid by Go vernment which passes by an annual vote of the House of Corn mons. If your Lordship should be of opinion that he has the right, or has even shewn a f a i r prob a bility o f r i g h t , I f eel satis fied that you will have no hesitation to grant the mandamus, in order that the merits of the case may meet with a more formal investigation. Mr. Amos—l am on the same side, my Lords, and shall address myself first to the preliminary points.—lt has has been contended, in the first instance, that the Heads of Houses are to interpret this statute according to their own sense. I think your Lordships will remember the case of the Manches ter college, reported in Strange, 798, where it was held that where the warden of the College became visitor, the visitorship was suspended—the two functions being incompatible. Mr. Justice BAYLEY—The King v. the Bishop of Chester ? Mr. Amos—Yes, my Lord.---It is next contended th at no profit is attached to this office—upon this I would beg leave to refer your Lordships to the 57th George 111., cap. 99,. see. 10, which exempts all prof essors f rom resi d ence at their livings; I would also refer to Doctor Bentley's case, Ist Strange 558, which was an application for a mandamus to restore hini to his academical degree ; I would ask what profit was necessarily and indispensably attached to the obtaining of a degree ;—I would then refer your Lordships to the case of the King v. the Mayor of Oxford ; it was a mandamus to restore an alderman, and it was argued that the situation of alderman was one of burden, and not of prefit, but if was then said that the office of alderman. was one of profit, inasmuch as it had precedent and authority attached to it, which is a suf ficient ground for a mandamus. Chief Justice Hyde agreed, but he said upon an action, more special damage must be shewn. Hence, the Courts have distinguished 'between the in terest which is necessary to support an action on the case, and that which is a fit ground for a mandamus. It is next contend ed that this office is not a freehold; I submit, that being a gene. ral appointment, it is necessarily a freehold, and I would reftr your Lordships to Dighton's Case, which is Ist Ventris, 82 ; it was a mandamus to restore a Town Clerk ; the Corporation re turned Letters Patent, whereby they were empowered to chose one into the office of Town Clerk, durante bone placito, and that they removed him from his office, the Court said, " It were fit a ache facies went out of' Chancery to repeal those Letters Patent as unreasonable ; if they had been to chose a Town Clerk generally, it had been for life." Then, my Lord, with respect to the case of l ecturers , I apprehend that turns upon quite a different principle ; the principle of those cases is explained by the Court, in the case of the King v. Bishop of London, Ist Term Reports, 333, it is there laid down " if the lectureship be endowed, that affords a strong argument to sup port the custom, and to skew that it had a legal commence ment. Hence, the endowment is inquired into as proof of a custom, for without a custom, by the Act of' Uniformity, the Rector is not compellabl e to give' a licence for the use of his pulpit. Having reviewed in succession all the preliminary questions, I shall now, with your Lordships' permission, proceed to con sider the other part of the case. 1 apprehend, that if ther e i s siny doubt in this case, the Court will grant a mandamus. I submit, with great deference, that if there is any di ffi culty on the construction of right, your Lordships are not the constitu tional judges of the right; and I re f er your Lordships, in. support of that' position, to the case of the King v. IVlein, which is in the 3d Term Reports, 598. There it is said—" It: Is objected, that the ev id e n ce o f the defendant outweighs th a t' of the relator." Now, admitting it to be so, that has never been held to be an answer to an application of this kind. Where there is evidence on both sides, the jury are the constitu. tional judges on which side the balance inclines. All that we' are to look to is, that a fair doubt is raised, and that the par ties applying came with clean hands, and in , proper time. Again,. in the case of Sir J o h n Carter, reported in Cooper, 58, there a case was sent down to be tried : it depended upon an abstract point of law, vihether a burgess under age was a . fit candidate, yet that was thought a fit case to be sent to a jury. Mr. Justice BAYLEY—The reason for that was, I suppose, that it might appear upon a special verdict. Mr. Amos ---Yes, my Lord, the very object which we seek for. Lord Chief Justice Ansovr—They might have lied a rule abolute on a quo warranto. Mr. Amos—Yes, my Lord. Lord Chief Justice Answer-. That does not necessarily send it to a Jury. Mr. Amos—The necessity of referring every question of right to a Jury, is evinced by the next case to which I would refer your Lordships ; the case of the King v. Blovooe ; 2nd, Burrow 1043.—There the question was as to the right of nomi nation to a chapel, which was a donative, which was said not to be in the vicar, but in the inhabitants ; the answer by Lord Mansfield was, " we cannot t r y t h e merits upon affidavit, h e claims a right, though it 'is litigated, and this is sufficient for the present purpose." Your Lordships will take Into con sideration that this is a mandamus to admit, and not to re- 'Wl,r•soa, MAY.I3.--DesTftvcrz vt: F IRE .—O n store in which case y ou w ill not act as scrupulously as in thei case of restoration. In the case of the King v . Wednesday night, soon after twelve o'clock, an Jotham, 3d. Term Reports, 575, upon the case of the King alarming fire broke out in the premises of Mr. v. Barker, being cited, the Court said 4 ' That case was to ad- Disartow bookseller, in Castle-street, whi c h mit, and there was a grea t d ea l o f differ' ence between that and a mandamus to restore; the former is granted merely to enable in a little time was burnt to the ground. The the party to try his right, without which he would be left with. flumes caught the adjoining house, which was out any legal remedy, but the Co ur t h ave always looked much , more strictly to the right of the party applying for a mends- us' fitte d up for Mr. Richard iode% Corn mus to be restored." chandler, Notice was immediately given to the Foot and . Cavalry B k for their. * Next, my Lords, with respect to the construction of the sta their engines came immediately arutes ; e b l u r a tt s e l s y t ' a c ti o c u e l d ; tote of Elizabeth, upon which the question of right has arisen, I submit that professors are not within the general words-of that stittute ; the only case that could be in contemplation of not get water in time. This second: house ma 3 the leOslator who framed that statute w as th e case o f the Bar and the wind b e i ng naby Lecturers. When the statute w as ma d e, i t could only consumed itt a short ti me, apply to them. The argument on the other aide is that on ac- high, and every thing so dry, the flames commu nicated to Mr.- Roberts's house, a very l arge p e rson s totally and absolutely disti nct i n every respect; that it count of a word, the word " lectores," th e statute shall apply to II to apply to persons who hold for lif e , an d not annually as the grocer's shop, which was soon consumed to Barns y lectures, and are distinguishable in the many other the ground. The next adjoining house was important particulars that have been detailed. Then, rn Mr. Blunt's, saddl er t o hi s Majesty, Which Lords, to such a construction how forcibly does the rule of' y Plowden for the interpretation of statutes apply. The con. was shortly gutted completely. The adjoin struetion ought not to be by the lett er only "Nam qui h t eret l ing house to M r . Bl un t' s was a widow we in hseret in contice." Next, My Lords, I submit, that if we were in this case man's, of the name of Ward, the half of Whose within the general terms of the Statute of Elizabeth, the 40th house fell in; and the fire, was got under. Thit chap., we have the benefitof the exception of that statute, " nisi engines have been playing all day on the pre. enter statutes nostris ant fundatione cauturn sit." The question upon that subject is a question of interpretation ; I will mention raises. The wind shifted in the morning, ottrer;. to your Lordships the way in which a grace is framed to give %vise. many other houses would have sliareel the a right of nomination, and not a right more burikensium. I same fate. Great damage is done to Mr. Knight win read the instance of an appointment of Dr. Middleton to the situation of librarian, at a time when - University law t h e was well und ers t oo d, an d muc h studied by various Members to the great heat of the flames, ant the engines of the Univer s ity d ur i ng the disputes between Dr. Middleton booksellstr's house which is opposite, owing ; were obliged to keep constantly playing on. it, and Dr. Bentley. I will read the concluding part of that grace ; it is to be found in the books of the University. their assis tan ce tis every res pect • Mr. Justice BayLzy—What year is that in—about 1740 P Guards for r a Mr. Altos—l will hand it up to your Lordship . ; it is the Great raise is due to" the F . usiliers and Life helping the people to move - their goods, and concluding part of the grace, and is in these words— ' Ut onmes . denique portobibliotheca eodem modo in pooterum Windsor, quo dominos proems:ell:trios." I submit that the words alarming fi re that ever was known in e il icsn t,,,, guarding them afterwards. This Veal the most a yob's," in die present grace, mean an election by the whole and man of the sufferers could not save any body; it cannot mean the heads, who never assent as a body b y to any grace. It cannot mean the Caput...the Caput are as thing. third house, as has been most erroneously stated on the other side. The effect of proposing a grace to them has only the effect of procuring a passport to the Senate at large. They do ' not write placet," or " non placet" upon it, but only the word " ad" "ad senatum." W e g i ve p erm i ss i on for this to proceed. And this much for the natural meaning of the words " a vobis. " The argument derived from their received meaning is equally conclusive. This received mean. ing is plainly and unequivocally evinced in the case of the ana - tomical professorship, and in the whole history of the botanical professorship. If your Lordships have any . further dottbt,your Lordships will look to the right of election, independent at once of the statute and the terms of the grace ; I will refer to "the common law mode of elections previous to the statute of Elizabeth • the Heads of Houses had no rank in the University,—the work to which I would now refer, is written by Dr. Itichardson,and is contained in the 7th vol. of the Archwologia of the Antiquarian Society; " Anterior to the statute of Elizabeth, t h e const i tut i on of pri vate colleges was purely eleemosinary : the government domes tic and parental. Nor were the masters any more than the deans or lecturers of those seminaries admitted to any .higher rank or trust in the University than what they derived' from their academical -degrees.' I need not state to your Lordships, that there are Statutes which give livings to the University ;—there is the • Statute of 3 James I. cap. 5, and also another, 1 IVilliam and Mary, cap. 26 : There the right of election is given to the University, without specifying the mode of election; and how does the election take place ? by open poll, without any nomination, and with.. out even a grace. With respect to the expediency of one modeof election over the other, if'the argument' is so doubtful that convenience ought to decide, I apprehend, that wher e a p erson i s go i ng to b e se l ected to fill an important public situation, the greatest possible latitude of Selection ought to be given, with a view that a proper person may be chosen. Your Lordships admit bye laws in corpora.. tions which restrict the number of electors, but discoontenance those which limit the number of the eligible. How much more should this policy prevail where the eligible are to be sought, not out of the confined limits of a petty cor p orat i on , b ut to be invited from every region of the earth pervaded by the light of F e iept ce. [ Whenever .the Court gives its judgment on this important and interesting Case, we shall take a full and correct Note of it, and give it to our Readers without de/ay.—EntTou.] 11 1EttCANTiLE DEAL, MAY NV.S.W.—Came down from the River last night the Menwell, Phillips, for Jamaica; Zeno, Talbert, for Lisbon ; Georgiani, 'Watt,: Anti pa ; Margaret, Law, St. Vincent's; Redman, Treman, St. Mitt's ; and Bet.- hice, Wayth, Genoa. Put back this morning the American ship Augusta, Giles, for Canton. Arrived to-day and remain, the Helen, Wilson, from Gibralta r; R o y a l Ch ar l otte, Hay, Oporto; Lively, dodgson, Sierra Leone; V a l e n c i a , A nt h ony, Demerara; and Good-Intent, from Palermo._A brig from Gibraltar got entangled this morning with the Goodwin Sand, but was extricated by the assistance of a Deal and Broadstairs boats' crew, and proceeded for the River with loss of an anchor mn.l cable. PortTsltownt, MAY Wild S.W.—Arrivei the Al. bion, Colville, from Cephalonia. Put back the Mariner, Her bert, from New South Wales. PLYMOUTH, MAY B.—Wind S.E.—Arrived the Release, Reyl:Vi, from Charente; and Matilda, Cummings, from Rio Janeiro in 94 days. Sailed the Nancy, Thomson, for Ben gal, &c. FALMOUTH, MAY B.—Wind S.E.—Arrived the Hazard, De Grouchy, from Gibraltar in 20 days. Sailed the Ann, Apollo, Liverpool packet, Hope, Joseph and Alary, and Ware• moot, for London. COWES, MAY 9.—Put in the Palmira, Lamb, froth London for Calcutta. Yesterday the dispatches were closed at the East India /louse, and delivered to the Pursers of the following ships, viz. :—Marquis of Wellington and Princess Charlotte of Wales, for Madras and Bengal. The Honourable Company's ship, norms Coatis, Captain Cii RYSTIE got on shore on Thurstiarmorning at Il o'clock, off Woolwich. They began unloadinthe ship, and d ur i ng the night two Company' s b o y s were load ed with tea, also all the stores were taken out to li g ht en h er . O n the tide coming up, two steam boats were ready to tow her into the stream, and she is now moored below the hulks at Woolwich. without any da mage. No blame is attached either to the pilot or the officers Of the ship, her getting on shore being an unavoidable mem stance arising from the state of the wind and tide. CITY OF LONDON GENERAL PENSION SOCIETY This Society was instituted in October, 1818, and held it Anniversary Meeting yesterday e ven i ng at te City of Landon Tavern. His Royal Highness the Duke of SUSSEX entered the room at six o'clock, and took the Chair, amidst universal a ppl ause . After the cloth was remo ve d, v'en Noble Donline was sung by Messrs. Jolly, Broadhurst, J. Smith, and Cooper. The Duke of Strsstic then proposed the following toasts "'the King."—Tune, Clod save the King. " The Duke of York and the rest of the Royal Funnily." Glee, Hail Star of Brunswiiik. " The Navy and Army.",-..Rule Britannia. "'The Duchess of Kent and Prince of SaxeGoburg." The health. of His Royal Highness the Duke of Sussex was then drank with enthusiasm, and his Royal Highness returned thanks in a speech, which was replete with every sentiment of satisfaction at the success of the Society. His Royal Highness enumerated the various blessings which had been afforded by the present Association of Gentlemen, who had at heart the welfare of the human species —who had exerted every power they were possessed of to rescue human nature from misery ; and concluded, by exhorting all present to give their support to this great and benevolent undertaking. The healths of the Officers of the Society were drank, and they returned thanks in appropiate speeches. Various other toasts and healths were drank, and the even. ing was spent in the greatest coviviality. There were upwards of 200 persons present, and more than 3001. was collected. CITY OF LONDON NATIONAL SCHOOLS. White-street, the Examination of th e Child ren at t h e Central School, in Moorfields, took place at two o'clock, at which his Royal Highness the Duke of Yon x, the Bishop of LONDON, and many other distinguished visitants were presen*. The company afterwards dined together at the London Tavern. Alderman Anztars was in the Chair, and apologised for the non-attendance of his Royal Highness the Duke of YORK at the dinner. The usual toasts were given, and thanks returned. A report was then read by the Treasurer of donations rcceiv. ed, and, among others, mentioned that from the Bishop of London, of 201., in addition to th e sum o f 140/. prev i ously received. The Bishop of LONDON then proposed " the health of the Lady Patronesses and Committee of Ladies," for their exten sive benevolence and great attention to this Institution. Bow, he said, could their attentions be better employed, than in train ing young persons'of their own sex in the paths of virtue and religion P--The meeting was extremely well attended.