The Sun.
London, England, 1838-11-23 00:00:00

BAIL COURT.-(TUIS DAY.)

Within the last two days nearly eighty Attorneys have
been sworn before Mr. Justice Littledale.

THE QUEEN V. THE BISHOP OF WINCHESTER.

Dr. FREE moved that a mandamus might issue to the
Right Reverend Charles Richard Lord Bishop of Win-
chester, visitor of the College of St. John Baptist of
the University of Oxford, oommanding him to hear his
(Dr. Free's) appeal, dated the 26th day of M. 1837,
and to award him immediate sustenance out of the funds
of the said College, and the arrears of the same from the
beginning. The Doctor, after stating his claim to the
Fellowship at considerable length, and his right to com-
pensation, referred to the statute of Elizabeth, and inquired
if his Lordship wished to hear it read
Mr. Justice LITTLEDALE bad no such desire, but did
not wish to prevent its being read if the applicant conceived
that it would be to his advantage.
Dr. Free said he would have read it for the benefit of
the bar—(Laughter)—but after his Lordship's intimation,
it would probably only be a waste of. time.

. Justice LITTLEDALE said that on the last day of
Michaelmas Term, 1836, there was a rule nisi for manda-
mus to the Bishop, to visit the College and hear and de-
termine the complaint of Dr. Free for sustenance, and re-
store him to the rights, dues, and privileges of the office.
That was heard on the Bth of May, 1837, and the rule was
discharged, so that this Court had already adjudicated upon
the mandamus to hear and determine this matter.

Dr. Free—lf you will excuse me, it was not heard, for
when I began to speak, the Lord Chief Justice was eager
to give judgment.
Mr. Justice LITTLEDALE—The Court have discharged
that rule. I want to know how this differs from the
former. On the restoration to the Fellowship, the Court
have decided.

Dr. Free—l don't give up the Fellowship, but I want
sustentation. Is it necessary to read the statute 2
(Laughter.)
Mr. Justice LITTLEDALE-It only refers to Fellows
and Scholars, and if you arc not a Fellow you can have
no claim.

Dr. Free—lt says that a man who has been promoted
shall have 20 marks. If 1 had not been a Fellow I should
have no authority to apply.
Mr. Justice LITTLEDALE—That is one difficulty. There
is another. Relief under sickness and disease appears to he
the object of that statute, but your complaint is that you
are poor. It does not seem to apply to poverty.
Dr. Free—My complaint is that I am in distress. I
was so ill that I could not walk across the room, when a
gentleman wrote to Oxford, and as they thought public
opinion would press on them, they sent 101. When Lord
Radnor made his motion in the Hou,e, they promised to
allow me something handsome if I would leave Oxford, but
the moment I did so it all died away.

Mr. Justice LITTLEDALE—Under all the circumstances
you may take a rule nisi.
Dr. Free—l am obliged to your Lordship's kindness so
far, but I have told you my necessitous situation, and if I
go out into the street will any body give me a pennyworth
of bread and cheese upon your rule nisi ?—(Laughter.) I
have had them so often that it amounts to a nil nisi.—
( G reat laughter.)
Mr. Justice LITTLEDALE—According to the practice of
the Court you cannot have a mandamus absolute in the first
instance.

Dr. Free—lt is very kind to give me a rule nisi, but
what is the worth of it when I have got it ?—( Laughter.)
I don't know how I can convert it into food. If you could
amalgamite it into something that would be useful, I should
go away thankful.
Mr. Justice LITTLEDALE—I cannot do anything else.
Dr. Free—Will your Lordship order it to be made out ?
Mr. Justice LITTLEDALE—The officer of the Court will
draw it up.
Dr. Free—Because I shall keep it as a curiosity.—
(Great laughter.)
The Doctor then left the Court.