The Express.
London, England, 1848-01-20 00:00:00

tato Eattlitruct.

EQUITY COURTS.
Delon the lard Chancellor.
Ix of UNIVERSITY COLLEGE, OIFORD.--QUALITIC/,
TIMIS Pon FRI.LOWBILIPB.—The petition of the Rev. Mr.
Moorsom, complaining that he wu passed over at two elec-
tions for fellowships in the above college, on the( Ist of
May, 1847, and Mr. Bright and Mr. Covington were elected
thereto, though not duly qualified scoot ling to the statutes
of the college, came to be beard by the Lord Chancellor u
sittir of the college in place of the Queen. The arguments
now concluded have occupied the greater part of three days.
Oru of the fellowships—that to which Mr. Bright wu
d—wu on the foundation of Henry IV. The eecond,
to whi h Mr. Covington waa elected, wu on the foundation
'of Wiai tea of Durham. The statutes of the college, as re-
vised in 1736, required all persons elected to the fellowships
to be qa. lifted as follows: " Quotiesounque coutigent
alicujus a .tai locum in collegio vacate, sine longs
morn a ms..-istro et soda alma eligetur, ea antem
in bodes collegii sine exceptions patris a
eh t volumus qui aunt pit, sobrii et
orreentilurt tam ctrini quam prudentia ita erns= ut vide.
antur maxims ictmei ad promovendum honorem went
bonum regimen et a nolumentum collegii pradicti." The
statutes applicable to 'he fellowship on the foundation of
William of Durham declared: " Quilibet eligendus in locum
imagist= Oulielmi de Dunehnise sit ornate monbu, Aealts-
tibus, pauper et ad prwiciendunt in facultatetheologica
magisaptua,eseterisvero pantW ills pneferatur cater= qui de
pertibus Dunelmiss proximo orlundus emiterit 1 sit magister
sh artibas si tabs commode rspairi peterit alias pulse,

racoon sit B tccalauriatus; vel si necesse fusr:t sophista."
And for the fellowship on the foundation of Henry IV. the
statutes declared: " Elirendus in locum e,ieu ait in
esoardotio constitutus pnuquam in perysetuun soeltim
admittatur iprobue et boneetus et ad pneficienduna
In theologla visitatiter aptus." The petitioner's are
was that neither Mr. Bright nor Mr. Covington ful-
filled the requisites of the statutes; neither of them
was in priest's orders, in sacerd.rio constitunis, at
the time of the election. Mr. Bright was then only
21 yeah of are, and not admitted even to deacons' orders, as
by the 44th Oeo. 111., cap. 43, he could not be admitted to
deacons' orders until he attained the age of 23 years, nor to
priests' till 24. He wu a native of Yorkshire; but that was
not of any consequence to the fellowship of Henry IV., to
which be was elected. Mr. Covington, who was elected on
the foundation of William of Durham, was not duly elected
thereto, as the statute required preference to be
given to • native of the dioceses of York or Durham,
to which be did not belong, having been born in
Lincolnshire. The petitioner was qualifiel according
to the statutes for either fellowship, having been
admitted to priest's orders previous to the election, and being
born at Whitby, in Yorkshire. There was no question or
doubt u to the probity, learning, and morals of im.y of the
three gentlemen. The petition prayed that the Lori Chan-
cellor, as visitor for the Queen, would direct the conga
statutes, which are in the keeping of the heads of the college,
to be examined, and if the statements in the petition should
be found correct, that his lordship would direct one or other
of the said elections to be set aside and the petitioner to be
admitted to one or the other, and that the waster and fellows
be ordered to pay the cats of the petitioner.—Mr. Cooper,
with whom was Mr. J. Adams, argued the case of the peti-
tioner. Mr. Bettie% Dr. Twiss, and Mr. R. Palmer, were
for the college authorities and for Messrs. Bright and
Covington. The arguments turned chiefly on these lour
points: lot. What was the construction to be put on
the words of the statutes in sacerrloho cnissti-
turns ? 2nd. What was the construction of the
words requiring the fellow to be a native of Durham diocese,
or "partibus Dunelmit proximie oriundni I" Taird, whe-
ther, if either of the electioes were to be declared void, the
petitioner could be substituted without • new sect iota ? And
fourth, whether the college beads could Weed the peel/a-
tionary time between election and admi sion beyond six
months, which was the customary per,od allowed to the
elected to complete their qualifications? 'lke otje et of the
heads of the college wee stated to be to open the fellowship
to the candidates most distinguished .or learning. Although
there was no deficiency in the petitioner in that respect, the
other two gentlemen were far more distinguished, being Wat-
ches men. The argument of the petitioner against that ob-
ject of the college wan, that without new statutes it could not
be effected.—The Lord Chancellor, on the close of Ate.
Cooper's reply, desired a copy of the college statutes and the
affidavits on both aides to oe furnished to him.

THU GREAT— WESTRRN RAILWAY COMPANY V. THE
OXFORD AND BIRMINGHAM JCNCTION RAILWAY.-Sir F.
Kelly had commenced the opening of the appeal from the
Vice-Chancellor's decision on the demurrer, when the Lord

ancellor rose.