The Sun.
London, England, 1823-05-08 00:00:00

MERCAN'CII.ESiII PPING.

last night and sailed, the Harrington,
.......siso.— . . .
DEAL, MAy 7.--. Wind S.W.—Came down front the River
Arrived and sailed for the River the. Asia, Lindsay, Iron'
Bengal ; Orwell, Bryant, St. Vincent's ; Ni'estmorland, Pat,ton,
Valparaiso; Sally, Cook, Charlstone; his 'Majesty's h.?,
Bathurst, from New South Wales. Came down from Il.!,
Jane,
River this afternoon the Kingstone, Bowen, for Bengal!
Jemima, 'Witt, for Bomba ; Coventry, Horn D
_ ernentts .
Adventure, Wallace, Jamaica; and Eden, Clark,'Oporto.
HALF-PAST Stx.-:-.The Layton is in 31arglite lloads....__,
'White, for St. Petersburgh.
Po uTsatouTit, MAY Vind W.-11.arArvreir.(floilitil
Best, front the Downs for New South iVales. Sailed the
nd
Press ; John; and Henry and William, for London ;
/ the vigi-
PLYMOUTH, MAY tie_ Win N.E.--Arri"" he St.
lant, Davidson, 38 days from Zante. Off' the port t
Vincent, Bayley, from St. Vincent.
The Thomas, Inglis, from Liverpool to Savannah, s'o,:.,l'vaele:
doned at sea the 3d of February ; the Master arid crew . . ,
except one man, who was killed by a sea striking the vessel
I ,

~
. ~ siosammessm•.....--_
•8,....
ilie alterations and imp.rovernents in the ,original
NORTHUMBERLAND Ilovs.So vast have 1, ,
for the interior decoration of this unique mansiont:Te
t is reared it will not be ready for the reception 01,114
the Fashionable NVoiid this season• The Ihill Itooni, which
This
principal apartment, cannot be finished for many rr,
►b
Tlit!will be one of the finest rooms in the kingdom, being '.lPt:,
.wards. of one hundred and twenty feet in length.. The
.nlei,t
atl• .qs, in splendour of architecture, will be the Picture its 1 ry
ntl therein will be placed a collection of paintings which lia,v.
1-1
it ,e we are assured, seen the light for.upwards ot a ectitur.c.i.
1 stroy the
1-1 tihird grand art 11 be the banqueting
.1141. in whi.l,
will be • e pa ment wi decoration• in the un"
Gothi • P rserved all the ancient decoration. ~,
. t..s which were in early ti s so much th rage. 4"
me
matchless ' the Ater' are
'▪ of the staircase. next comes in succession :
an , the
finest blocks of marble, but the balustrades n
..1 dist
scroll ornaments are not yet finished. NVe are infornh-r sre
foeet skill and ingenuity will. be exercised on them ;• tbtY_,,,,i
gift of my forefathers !"
in be (4. brass, massive and rich• Too much "c,ani otobreceal;
keeping
of the laudable feeling evinced by his lolly
oude.st
PI% up this ancient relict of hislUustrious liou.se... ill,
tempung offers were made by speculators in wading, iide.
his Untce's uniform answer was No I will not
dareviee, however inconsiderable, has been preserved. aPuote
thean assured
a the building itself i 4 now in a more perfect, *nest
~.._
rat.the time of its erection. The improvenirt gigs
gnhttritel are abandoned for the present t teirrefp„iiig
keeper of a public-house in Scotland-ya, hie!, be
to accept an
occupies equivalent for his lease ; and the graon,.l, loilgi*
was forms the eastern angle, whereon one or
to have been erected.
In consequence. i
we

get sc"isudanual"nt°
Inqiuies°tßwßasi hneld°a the
G—.........---undhanon
Bu
Ct cu i t ItENCE.— 0 nry,l%bfefoonted_a.lit.l"cli-
se
n 0.09'
Esq. the Coroner, of the Borough, to ascertain the -
otefenthoerdteawthentyof:—MatryapOpeorreha, ainyoeuvnidgenwcoe:nrastiawfaceolniPe.
had for some time icohabited with-a man namedh ":1"1-8Prindgs
and their circumstances had lately been ennstertobliplesse:
pressed. They owed 455. for rent, and Spring v4---a. , totn. ..
cslon, market
lueltdhen afterwardsootn evening
bl ela'er dthnh
pawnedce !ter ddia:
ty. life,
easeduha e
rt to
wa grown
endeavour
do
walked
eadfoovruo
out
13r:
)-ofi,
i thert te,i
oseir
or I :ad said
l:
Whichlt
i. t
011:1_.eeie
him, and he told her he could not get it.
gave Spring half-a-crown
ttlwido purchase
e four ounces ontofd
g•astses ; and each taking one, they turned& then t
backs to each other and drank off their ontentst 011,01
piwut,roc—whah-rchst,smitee
pouroettiheir .
.1
went to bed. About two o'clock in the morning the 7 sick
and
_h s stomach rejected the whole of the poo?n,
and 9e began
his
grow sleepy, and about four Spring. bectoie i
the deceased fell into a deep sleep, and between ins snoon%
Spring awakened her and told her:he was afraid his Isealotion.
thatwould she should not die easy under the fear 01 "bot pre'
takense before a Court of Justice if he survived ; thing
nay afterwards she pm ed him not to take an; kir
more,lbut to let her die, and te would get oveSr.iiite; t---'ill'eanzisteenly'"-'
itIF her hand on his shoulder, she died almost brunt and J.-
l' senthe fora
Jury,
'4.,e appeared to have been for some time verY unl'OP4 on, it
surgeon
afafter
e r
jected, and had twice before attempted self.destesT eben
swas not discovered she was dead until FridaY nig' 1, oisn
.yring sent to inform her mother, and then cot. is wh,
throat with a razor, in the presence of several Pe t'„,ol, sr"
placed him inimediately on a chair, stauchetl the waro"bibilitY
awislhoordtre:les
that he will recover, although the windpipe isst fersic-
" That Mary Gooch, being of sound mind, s 'lgo bet
, sufficient to fist/
of laudanum procured by John qpring
death, and we therefore find her t'-o-ne lido de st.--;1'1, s
_Ate'
and Norwich Post, from which we have abrirged t",.`;:sivesi;
returneed4le ontit/
deliberation, tiotrnh,ereis
eVerl
P;il
eckl
port, adds, " It is understood that the man was orfl'irieg itt
of a pretty property, . that he has a wife anti chi!
_coy pn-
short distance, and that it was by appropriating s w`iie, to Is'
sion; settled upon her, that he hopes to obtain euPY Plena°.
the body of the wretched victim to iingoverna
tisfy his present wants. In the dead of the night ° ,ioe, sisi
interred in the highway, and, we *believe, tils_
as 06
nigh Ilisatoung
forms which the law prescribes were evaded as tar
possible."] . __Go sonde
EXTRAORDINARY CIRCUMSTANCE. directions,
last two gentlemen, while travelling in diar hest. 141';
stopped at the 'Bell Inn, Hounslow, where the_foked
Strange, while attending them and other guest*, rem
Strange,
great similiarity of countenance between- these piod eitcs
which produced a conversation in which they Tee, resided,
other as brothers. A gentleman present.: noel Yirteii iy blies'',
in that town, named Stables, who r
ation, unforto,
cuiriati Vh' .
appeared deeply interested in the explan,„anat to describe.:
same affinity, the recognition was *setae tsotheir issoneel
The youngest brother is in his fiftieth years 50"
~ ing was in bisulfate/. '

1

Ne'f'
sue''
loci
cl she

LAW PROCEEDINGS.

COURT OF KING'S BENCH, APRIL 29, lan

THE ZINO V. THE VICE-CHANCELLOR OF THE UNIVER.
SITY OF CASIBSIDUE.
( Continued from our Paper of yesterday.)
SECOND DAY.
Mr- -ALDERSON—I am now, my Lords, my Learned
Friends having both ,been already heard, to continue the argu-
trient on the part of the University. of Cambridge, and to sub-
mit such observations as I have to offer to your Lordships, why
the rule should not be made absolute, and I shall take the same
course as they have pursued. I shall proceed to consider, first,
• whether a mandamus will lie at all. My Lords, I apprehend
that the rule upon this subject is, that a mandamus will not lie
for any office, unless that office be accompanied with some cer-
itain and definite benefit to the party who is elected. Your
'Lordships are aware that this question has been agitated be-
fore in this Court on a former occasion. I have since looked
into the cases which my Learned Friends on the other side then
Cited in order to support their position, but I can find none ;
and thereffire I suppose there are no cases which will apply for
neither by my own researches, nor by the researches of those
who are opposed to me, has any case been discovered, where a
mandamus has been granted for an office of this description,
without either a salary or some other definite advantage an-
nexed.
Mr. Justice BAYLEY—Ts there not an instance of a man-
damue to elect a regius professor ?
'Mr. ALDERSON—The regius professorship, my Lord, has a
salary annexed to it ; and I should take that as a strong argu-
ment in my favour. My Lords, I apprehend that your Lord-
°hips will find, with the exception of those offices which concern
the administration of public pistice_, which stand on quite a dif-
feteot ground, the rule which I have laid down will be found
accurate; and it is a rule which will reconcile all the cases
on the subject. My Lords, you will find it laid down in some
eases, that a mandamus will lie for an usher of a school, snd the
case of.llex r. llallivos de Morro'', which is to be found in
lst Strange, page rat, has been cited to :thew that; but when
You look to the report in Strange, your Lordships will find,
that it was the case of an usher to a school, which was
founded by Edward Vi., who, as it as very well •known,
founded schools with salaries to the different masters, &c. all
over the kingdom ; and I have no doubt that if that case were
to be Investigated further it would be found that it was one of
!he regular. foundation schools distributed all over the kingdom
by Ed ward 6th, with a view of instructing the people, and to
reform them from the errors of popery.
Mr. Justice H °Laos-El—Where is that case?
_ Air. A IDERSON—Your Lordship will find it in Ist Strange.
!,(I:se it in corroboration of the view which I take of this case.
ur Lordships will also find thatin Stamp's case, Ist Siderfin
it. in. Ann°. 1656,
14:.,. Mr. Justice Twisden incidentally observes that it was held
that no mandamus would lie for an usher
of a school in Cambridge. Now, me Lord, it so happens that
f there are no such public foundation schools in Cambridge. For
tohat position Twisden cites Styles 458. So that there seems
be a distinction between the cases. In some it is held that
2.1 rnamlamits will lie for an usher of a school, and in others that
t
will not lie for the same office. Now the difference between
them is that in the one case, it is an office accompanied by a per-
manent salary--.a foundation_
—a nd in the other case it is not so
for the.
aoefeaondenied. ,
Atni my Lords, to take the case of a lecturer
Your Lordships Purpose of illustrating the same position.
mit will find where the lecturer of a Church has
been supported by voluntary contribution, or paid out of the
poor';
mandamus Coititilidestieh
geerannitleiddhnot to.
turershipbe such an office for which a
but where that Lee.
has a foundatione y this Court,foundation
is permanent and b annexed to it, and that
damus to ad • eneficiul; then this Court has granted a man-
this also nut the person elected to the Lectureship. And
called goes on the ground of the distinction to which I have
your Lordships attention.
Now, mY Lords affidav'look to what appears upon the face of these
side
nil:: concerning this office. It is not sworn on the other
t there is an emolument. It is sworn on
our side that this • y permanent
Soar ere is no permanent emolument, that there is no
lessor y, tin feundation, no house; but that undoubtedly thepro-
iiee, maY, as any master of arts may, with the consent ot the
from
sof !louses, give lectures fur his own profit ; and receive
ill those persons who choose to attend him certain emolu-
..,ents, which lie may regulate, or which may be regulated by the
rVice Chancellor and the Heads of Houses, floc these lectures
e only to be attended by those who choose, wadi is putting
T;yotoJidtiblee ground a voluntary contribution, and I submit it
for the monstrous for
.your Lordships to grant a mandamus
.3
no_c,purpose of admitting a master in a school where there
_m_tft foundation, which would go the length of granting it to
;Ite master of ally school in England.
in •ce
require thri Has Lt.Y—Do the Statutes of the University
t the professor shall at certain times give lectures ?
2 • iLDERSON—No my apprehend that the rule
La.-Hlie t• ans person who is a Master of Arts may give lectures
IA University with the consent of the Vice Chancellor and
,e.ads of Houses, or of the Vice-Chancellor atone. My Learned
'lend lilt, Scarlett says professors may do it without such con-
Isr!. That does not appear on the affdavits,and if he goes out
Olen) I will venture to say he will not find it in the Statute,.
It ill only an observation of Mr. Scarlett's, and it stands up on' his
authority alone—for after the most laborious search I have been
lble to give it' is not to be found in the Statutes, nor do I be-
ere i haa any foudatin.
Itutt I apprehendn that it does appear from the Statutes that
:Professor may be , prevented lecturing.. For the times when ,
t 1 the lectures shall be delivered are in the absolute.govern-
Ltent of the Vice-Chancellor and Heads of Houses ; now, if '
tileY have the power of "regulating the times of the lectures, I
Ppreherd they have the power of discontinuing the lecture al-
p
lether, for they might assign no time. But to resume the
lit from which I have been diverted, I apprehend that there
0,1,1 S? be something to which a professor can put in a claim a:
to ,led to entitle him to a mandamus. Now what is there here
,„"oh he can put in his claim as ()fright. It was said in the
tars,of the former argument there was a house.—lt was so
terwl but that did, not appear by the affidavits, and when I a.f-
eeex•,,n_la looked into the Statutes, I found that the house in
.f4,kTU was assigned by special grace •to the botanical. and
inerit'r:sll professors. If, therefore, that *fact stated in argu-
h4,‘ d been originally stated on the affidavits, we should
844:Tut in the answer that it appears upon the face of the
thexeu t 9 be assigned to some other persone,,--so much for
it?e
nottncidental observations, which are thrown out, and which
it "uPPorted by affidavits. So, my Lord, •in like manner
Lana _
,14,. that there is an oath of office : now the law of the
rignires.him to take the oaths, which he actually does
, Lake tumid
Y, the oaths of allegiance and supremacy.
Your
.her, „Pi Will recollect, that my Learned Friend interposed
14,ke0 Lr 7 Serjeant Lens so stated it, since.vfhich time I have
it to b'eTitif) the Statute to see what the provision is, and I find
Practi3erg 'a, that all persons teaching pupils, schoolmasters,
.
Like the of the law, as we all very well know, are obliged to
loote3lo °pile of allegiance and supremacy ; and which, if a
'titheett,u,nea not take, he cannot lecture—for he cannot do it
4:11 „(taking these oaths. It cannot, therefore, be put as an
..,..rhen office
applicable to this particular professorship.
14)rdit, there is no house—there is no oath of
~eer 40,
671! is no special privilege, which this p_rofe,sur enjoys
'Rat it er master of arts set out in these affidavits, except
etL4'loll ;ell that these professors situation walk in pr.o-
••atk to sad he has a more prominent allotted to him
" ;natter op Persons : whether your Lordships will think that
)ti°lllvill I,,,,‘'idurtesy, ors statutable regulation, I cannot say,—
,411 Otheyr„,•7aLly think that it is rather a matter of courtesy
;;,e.rsoil now and whether it occurs to the memory of
. any
, matt- all when they were first so admitted,
• to recollect
„uweveeet fo onou Lordships to conjecture. It does not,
sithi4aPPear the affidavits ; nor, as it seems to me, does
sf4tirilelnthich is the only thing upon which giveng like
yirr e. ro could be founded—l mean the salary byhies
s 'Noy optic, Lordship* will observe, in the first place, it _
oteeftile part of the Crown ; it depends on an annual
;he the IL
otsrita use of Commons, and it may be stopt in anyyear_e
ev are pi
V Chancellor shall
t), 1 that given on condition that the . ice-
veteforenal e lo many lectures have been given : It is given,
eVis a toward for past work and labour, and not as a
Lye.c he_att to the professor, to be enjoyed by him, when the
'ttlrio "cenur and the Heads of Houses restrain him from
for •
e a :lei If he were so restrained, he would not then re-
'', I "1' :It is not, therefore, matter of right. There-
hole "hulk
• that looking at the facts and
the -nif at all to Your Lordships, t
down.is
once he cases, the rule which I have laid _ _
Cu °ne which can la d ted • arid' by that rule, the
CanTlOt ea op . a
Your grant a mandamus here.
e ott rdships will permit me, I will now shortly refer to
at ‘e/i hick
shi the have been cited on the other nide, and first toe
there V. the University ofCambridge (Ist Blacketono,.
itheque ere it was held that a mandamus lies for an office f
'atoth_ r'se andandwhich a salary is annexed.
fir
't case • value, to
1-tax, Ist
th Is, that of a Commissioner of the Lam
forteZlB, 146. ; those were cases which were cited upon
hatt:ltrkinter Qecasion Your Lordships vill find in that Last
it •.
ed for the
Was an office to which a galary was annex ,
d on
it %r, a,',:owed to receive three-half-pence in the pours
'4ad tell
• the third is the case of the King e'. the
e, Level clearly an
—orpotation, 6 East. 350, that was .
hs';lteiatio Iletat.Y. It is stated distinctly in the case that the
tidese certain nets had a Power to appoint a clerk, who was to
°tied t 4, fixed salary and I suppose it was held and con-
-4141 "e sufficient to ;hew the nature of the office by the
. Atapt, which was to
an office with a salary.
ruhltiatlCS
L., , BAY L
IY—lt was the office of Registrar of the
thw'"urd
Wet thuief Jtal.tice ABSOTT—The Act of Parliament au-
t, etri to meta registrar with a salary. ••••eietesoar,....ln point of fact, my Lord, there is no

doubt there was a regular salary. My Lord, there are two' teat an usage to elect anterior to the Slatutes nam time imme-
other cues ; the, one the case of the King v. Barker, 3 Burrow, modal, and down to the day on. which that case was deter-
, 1265, which was the case of a mandamus to admit a dissenting mined. Your Lordships therefore see that ease is perfectly dif.
pastor to the use of a pulpit. But in that case there was a erent,and upon the ground put by my Lord Mansfield. For
foundation by an individual, who had bequeathed a Meeting either it is not included in the statutes at all, or if it was
House and a garden to the Trustees, for the purpose that the included in the general statutes of the University, the usage
pastor of the congregation might enjoy them. That was, there- proves that they did not accept that part of the charter.
fore, an office to which was annexed something of a fixed, per. Mr. Justice BAYLEY—The University has existed as a
manent, and valuable nature ; the 'other was, the case of the University beyond the time of legal memory.
King v. Blooer, 2 Burrow, 1043, which the case of a donative Mr. SCARLETT—They have had the statutes since the time
of a Chapel endowed with land. So, my Lord, looking through of Queen Elizabeth.
all the cases, it seems to me, that the same principle may be Mr. ALDERSON—The University, my Lord, existed long
deduced from them all. Having called your Lordships at. before the statutes of Elizabeth. There are in the printed sta-
tendon to the affidavits, and having submitted that they do tutes now before me statutes of Cardinal Pole, of Edward VI.,
bring this case within the principle deducable from those which of Henry VIII., and the Antigua Statute, to
which no date can
have been cited, I shall leave this part of the case to your be given. •
Lordship's consideration. Mr. Justice Beyr.EY—ls the power of making Graces in
Aly Lords, there is one other point however on this question, the University by prescription ?
wholier a mandamus can be granted at all, which I think has Mr. ScaneETT-e-Yes, my Lord, I apprehend it is.
not yet been mentioned to your Lordships, and which appears Mr. Aimee soo—There my learned friend is again wrong.
to me to be a matter of considerable importance. I omitted The very first statute of the Antigua Statute is entitled "de
on the last occasion to call your attention to it. Your Lord- modo statuendi." It is as follows:—" Auctoritate totius
ships are aware, that in the case of the King v. the Bishop of universitatis Cantabrigite, tam rep d= entium, quam non-men
Exeter, 2 East 462, it was held that a mandamus would not ordinatum est quod in statuendis rebus et negotiis utilitatem
lie. My Lord, there the question arose, whether Mr. Rowe communem dicta universatis conceinentibus solum illud pro
had' a right to be admitted to the lecturship ; and it is with a statues habeatur, quad tie consensu niajoris et sanioris, pares
view to that part of the case only that I ant calling your Lord. dictorum, regentium, et de consensu non regentimn fuerit
ships attention to it. The question there was as it appeared statutum per decretum, salvo regentibus exercitfo statutorum
upon the face of the proceedings as to Mr. Rowe's right. It non regentibus, non reservatorum cum dispensatione super
appeared that John Dudderidge, by his will, dated 1658, (the eadem." ,
date of which is material) devised a rent charge of 501. per an- Mr. Justice BATLEY—The date of those statutes is not
num for the use of the Lecturer in the parish of Fremington, known, I suppose. •
in the county of Devon, for ever. Now, it appeared, my Lords, Mr. ALDERSON—No my Lord; the contents of this book
and the Court took
.notice of it, (it being a matter well known were collected by a syndicate in later times, and then it was
by the public histories of the country) that this had taken place that these statutes were reduced into order from the ancient re-
st a period when the Episcopal Constitution of the country was cords of the University, and they have always been acted upon,
suspended, and the Court held that in asmuch as there was no and considered binding, unless altered by subsequent charters.
Bishop at the time to give his consent to the original endow. Mr. Justice BAYLEY—The statute egu cite gives, I ob.
inent, and there being no immemorial custom, the grant hay- serve, the power of making graces to • the regents and non-
ing been made within the time of memory, the endowment regents.
could not be supported, and on that ground they refused to Mr. A term nsoo— Your lordship ,rill observe that origin-
grant the mandamus. ally the Senate consisted of regents arid' non-regents alone.—
Mr. Justice BAYLEY—They refused the mandmus ? The caput was afterwards added by the statutes of Elizabeth.
Mr. A eriEusoo—Yes, my Lord, they refused the menthe. And here perhaps I may observe, that yesterday some doubt
mus, on the ground that as there was no Bishop to give his
.was started as to the extent of the authority of the caput. I
consent to the endowment, it could not be considered as valid. will shew your Lordship what the authority of the caput is.—
. Mr. Justice Hontoith--Where is that case ? It is in the forty-first statute, page 252, where your Lordships
Mr. At.DEnsox—lt is in the 2d East, 462. Permit me will find it—" Iloruni autem authoritas est in omni senatu et
now to call your Lordships attention. to the time when congTegatione de omnibus petitionibus pries decernere quern
these professorships were founded—the first of them was ad reliquum senatuni deferantur its ut mile gratis) golie ap-
founded in 1702. It appears byi the affidavits to have prodentur et regentibus, et non regentibus proponantur in quas
been so founded. There were therefore none of these eorum singuli consensorint et non alien. Et siquicquam a senate
professorships founded anterior to the statutes of Queen Eliza- petatur vel concedatur quod non sit prim; istoruin judicio et
Beth, which were made in 1572: I think that is the date of the assensu comprobatum nuilunt erit omnino et invalid= nisi his
statute of Queen Elizabeth. The exact date is not however statutis nostrum alitu cantum sit ;" and therefore, my Lords, I
material, the only point being, that the first foundation of any apprehend, that whether we use the word " placeat, ' or whe.
of these professorships was after the statutes. Then the ques. ther we use any other phrase, it is immaterial. It requires the
tion is., whether the University had power, after the statutes of consensus of every individual of the Caput, before time grace
Elizabeth, to found a professorehip, with a mode of election to can go to the other Houses ; and lam quite content to take it
it contrary to that prescribed bf, the statutes of Elizabeth. If with the word consenserit, instead of the word placuerit. But
they had no such power, then this case falls to the ground, for to return to the course of my argument. I say, therefore, my
it would make it exactly parallel to the case, the vacancy of the Lords, that the Statute of Queen Elizabeth clearly includes
Episcopal Constitution in 1058, inasmuch as it would become Lectores in it, and those Lectures include all professors. But
impossible for the Senate to have originated legally the custom then it Is said that it does not include all the professors insti.
contended for elan open election, so as to make it binding upon toted since the Statute. Now I will read to your Lordship;
subsequent parties. Now, your Lordships will find that the the words of my Lord Mansfield, in the case of the King v.
power of making graces for the University of Cambridge is not the Bishop of Ely, 1 Blackst. 87. Lord Mansfield says, " All
absolute but restricted. The restriction is this—" Eident can. ingrafted fellowships are upon the same footing as the old ones,
cillario cum consenstt totius acadonhe licebit nova statute ad except they are received upon particular terms by a special
eruditionis amplificationene et decori atque lionesti conserve. form of foundation, and a special manner of acceptance." It
tionem inter sc molasticos beholden) sancire sic at ea his decre. becomes, therefore, incumbent Upon my learned friends to
ti: noatrfa nihil detrahaut aut of/iciant. shew, that if this professorship be subsequently created, it was
Lord Chief Justice ABRoTT—What statute is that ? .'ceepted by the University by a special form of foundation ;
Mr. A ettEnsore—l will give your Lordship the page—it is for if it was not accepted upon a special form of foundation,
page 253 in the book that I handed up this morning. according to the rule, which applies to all cases of this de.
Mr. Justice BAYLEY—Then your argument will be, every scription, it falls within the above general rule, which is ap.
grace since, except those in which they have pointed out a site- plicnble to all fellowships and professorships. Now, that be.
cific person, would be bad ? ' • ing the rule, is there any special form of foundation to be
Mr. ALDERSON—Yes my Lord, I believe it would be so found here? I mean particular form, calling the attention of
certainly, and I believe duo is the truth and the solution ache the University to a particular form of election. My learned
whole difficulty. My Lord, I apprehend, therefore, that the friends will immediately say, there are the words "a vobis eli.
right to make graces is thus restrained, and otherwise your gatur." Now, I apprehend that these words do not point out
Lordships will find that it would be very inconvenient; for what any particular form. Look at the whole of the words of the-
would be the use of fixing statutes to regulate a particular man. grace, " Placeat vobis ut alias ad idem minus exequendum a
net, which could be afterwards altered and destroyed at the vobis cligatur." Now, according to all fair construction, the
pleasure of individuals, so that the question here will be, whe. first and second vobis must mean the same persons. Does the
ther or not a grace instituting an office of this-sort, made sub. first vobis mean, that the placeat is addressed to the University
sequently to the Statutes of Queen Elizabeth, 'would be good in a mass ? No, it is to the University arranged in its diffe.
at all unless it specially designated the person who was to fill rent Houses—the Regents and Non-regents. The placeat, at
the office.
all events, is Addressed to the different bodies of the IJniver.
It may be asked how I account for the subsequent instances. city. So that the words "placeat vobis" meanie ntey it please
I will shew your Lordships why they would probably never be the; UniCertity. Then time whole sentence being " placeat vobis
called in question. Suppose a grace passed for continuing the ut alias lid idem munus exequendum a vobis eligatur;" and
professorship, and directing aparticular mode of election, and all the second vobis being the same as the first, it means "placeat
persons agreed toit. What is the consequence? If it be. Academire ut alius-adidem minus exequendum ab Academia
bad—then there can be no valid election at all—because there eligatur." -That is the plain and fair meaning of the words,
is no professorship at all. If the grace be good, the pmfessor and that is the only meaning which can be given to them,
must be elected in the particular way pointed out. Nobody, which will not involve a contradiction in the words themselves.
therefore, would be interested in raising any question. There- Now, suppose the words were " placeat Academism tit alitis ad
fore I submit to your Lordship that the consequence which idem ilitintiS exequendum ab Academia eligatur;" iihat would
learned friends give to these instances ought not to weigh much then he the construction which your lords pips, as reasonable
in the consideration of the present question. persons, would put upon them ? I say they must mean that
Mr. Justice BayLEy—Theu you see, after they have used the person should be elected "ab Academia,—Academico
a grace, that A. B. should till a certain office, they might the More." Now, in order to know what is the usual academical
next vacancy say that there should be no election, considering way, we are to look at the Statutes of the University ; and the
the office as at an end.
Mr. A euensox—Yes, my Lord, and I consider agreeably
. 1 40safiyi,S, m
tat)utie,opmoiztsyoouutotuligehptantoicucolanrstrumoedethoef
gerleaccteionmo.
inAsntod
to what fell from my Lord Chief Justice when this case was make it, if possible, consistent with the Stanite ; because. if
argued before that it would be a very dangerous principle 'to the grace be contrary to the Statute, I have before shewn that
establish ; that after once instituting a professorship, the Uni. it will be bad. If, then, we hate a grace containing ambiguous
versity would be bound without any fresh grace to fill it up words,
which if construed one way will be opposed to the Sta.
whenever it was afterwards vacant.
cute, and therefore invalid; but it' construed the other way, will
Mr. Justice BAYLEY—No, Ido not think so—there is no be consistent with tile Statute, and therefore good, I apprehend
doubt that the University may make an experiment, anti after. that your Lordships will put that construction upon it, by which
wards refuSe to continue the
,professorship if they think fit. it will stand, and be conformable to the Statute. And, I say, the
Mr. ALDEIIeON-- But if it were • to require a grace to alio• plain and strict meaning of the words upon the face of the grace
lish it, one man might stop the whole by putting a negative on itself, is, that the person is to be elected by the University. in
it in the Caput. thestatutable way, and that it must have been so understood by
Mr. Justice BAYLEY—I have no idea that it would require them. Now, my Lords, there is one most striking confirms.
a grace to abolish it. Unless it is made permanent in the first don of this observation set out in our affidavits in page 0. It
instance, it requires a grace in every instance to continue it. is there stated, that according to the custom of the ITniversity.
Mr. ALDERSON—That is the view I take of it, unless there upon this very occasion. an English notice warm promulgated
be a permanent foundation. Now, my Lord, this brings two days before the grace was brought in, which clearly shews
me to consider the question, whether the election bits proceeded what was the meaning of the Party who brought it in. And, it
in the mode which this restriction in the statute of Queen Eli- !thews what the University must have understood. This notice
zabeth directs, and that brings me to the consideration of time was promulgated and spread before the very body of persons
statute under which the election ought to be inade, that is the who are now complaining, and one of the grounds of their corn.
fortieth statute. Now, my Lord, that statute speaks thus— plaint is, want of notice. The Vice-Chancellor states this ;
" Nominationes et electiones lect,Ornin hedeliornm stationa- " that the grace of the 15th day of May was proposed in pus.
riorum gageatorum vinopolarum et aliorum niinistrorum see suance of a notice printed and circulated on the lath, that is,
officiariorum acatlemite quorumcunque." Now, my Lords, two days before the election, stating the object of the grace in.
observe the position in which this statute stands, and where it tended to be submitted to the Senate at the Congregation on
comes in. It follows a variety of statutes, describing the vas the said 15th day of May. and that the object of the grace was
rious modes of elections in particular eases. 'I here is the sta- stated in the words following, that is to say, "to determine whe.
Lute describing the mode of the election of the Chancellor, the ther the professorship of Mineralogy, held by the late Dr.
Vice-Chancellor, the Procters, scrutators, 'l'axors, Auditors, Clarke, shall be continued." In pursuance of this notice, the
and Keepers, and in some respects of the Beadles also ; and grace was brought in, containing the words, " a vobis Olga.
then comes this as a general clause, which says, that all the tur."—Now, they say, though there was a notice in English,
rest of the officers of the University are to be elected in a parti- stating, that time only object or the grace was to determine,
cular mode and form. Now, my Lords, after having named a whether the professorship should be continued as it would be,
particular mode of election of officers, and gone through them, according to the construction we put upon it, that the grace
tt was natural for the persons who framed the statute of Queen provided not for this only. but that also that it should be con.
Elisabeth to putt in a general statute, to include all those whom tinued by a particular mode of election, they wish to annex to
they had not particularly neined before; therefore, if it were the general words some other condition. That the words
doubtful whether " lectores" included all professors, I think o a vobis eligatur," require some argument to :thew they include
your Lordships would soy that it must include them, because some particular mode of electionontist be admitted on all hands*
it was obviously intended to include all the officers who were They admit the object was to continue the professorship; but
not particularly mentioned before. If the argument could be they wish now to include in it something else by inferente„
earned no further than to shew, that in fair construction which, if it had been expressed wouldnveelylli, that the kelyhtivmepores
craused
.
that word would bear the same meaning as the word " pro. the grace to be thrown out'ttltogether, alley,
fessores," 1 say that your Lordships would give that mean. sot should be elected in a particular manner—not by previous
ing to it, rather than one contrary to the plain and palp- nomination, but" more burgensium."
able intention of the statute. But I need not have re. Mt' .Justice BAYLEY—From whom does that notice come?
course to that argument at all, far time words lector and Mr. ALDERSON—From the Vice-Chancellor; and it is cir-
professor, as I shall have occasion to chew, are perfectly syno. ciliated throughout the whole of the University.
nimous, and lam quite sure that there is no hypothesis what- eh. Justine BAYt.EY—I will ask one question ; suppose
ever, however refined, which can account on any other view of instead of the grace that there is to be a new professor in the
the case, for the manner in which these words are used in the form " a vobis eligatur," they conic to a determination that
third anti fourth sections of the statute, so s
inot to be subject A. B. shall be elected, would that be conformable to the no-
to sonic plain and palpable objection ; for it clear not only tice ? I ask for information.
that these words mean the same, but that those very persons, Mr. A rase nsoN—l think that would not be conformable to
.whom the opposite side contend to be the lectores meant by the the notice ; and lam satisfied it would be the duty of the Vice.
40th Statute itself; those
every per ti h'
sons,
me oI say, nowames Ile time Chancellor. or some other meruberof the Caput, to stop such a
Barnaby professors, buto, in te fJ, were grace. .1 have known many instances where a grace has been
called lectores, are there called profeesores. So that, in the 3d stopped in the Caput, either upon the ground of its not being
and 4th Statute, we have this word lectores applied to the pro- confitrrnable to the notice, or an insufficient notice.
fessors of theology, law, and physic, anti of the Greek and He- Mr. Justice BAYLET—So that they may vary the language
brew tongue, wito are now called regius professors; and then if they think fit. If it is expressed in equivocal terms, they
may
we have the word professor applied to the Baruaby lecturers, alter it or reject it ?
who are there called the professors of mathematics, the pro- Mr. A enEnsoer—Yes, my I,ord, I conceive so; but lam
tenor of rhetoric, the professor of logic, and the professor of only using this notice to shew, that in conetruint these words
th
astronomy. I submit, therefore, to your Lordships' clearly, we should take into our consideration that which may fairly
that all professors are included in this word lectores, and fall be supposed tohave been in the mind of the persons using them;
within the 40th Statute. But then, in the former argument, I say that the fair meaning of time University was, that e pro.
the ease of the High steward was cited, and it was said that feesorship should be continued ; and I use it therefore in car_
the case of the High Steward was held by this Court not to roboration of my construction of the words " a vobis elegatur."
fall within the 40th Statute. Why, my. Lords, for a very good Now, my Lords, another thing is suggessted, viz. that we
reason. In the first places according to the usual construction do not swear that we believe that to be the meaning. I will-
of Statutes, you begin with a person of the greatest conse- tell your Lordships from what appears on the affidavits—af.
guence and it wouldhave been very singular if, in constreing this ter a misunderstanding was said to have taken place, the
btatute,commenclng with " Lectorum iledeilorum teleionario. Vice-Chan cellar brought in another grace, stating, that
rum, &c. et aliorum rnihistrorum seu officiariorum, tile Court it Iliad been suggested to him that some misunderstand.
should have determined that the High Steward, who is superior ing had taken place on this grace, anti he brought in
to all the others, could be included in the words " mi- a grace that it be rescinded, which was thrown out. By whom,
nistrorunt. But there is another answer. -the High Steward I must leave your Lordshipi to conijectuie.
was an officer elected in a particular enarle loog. antecedently . Mr. SOLICIToII-GENERAL—T iere is nothing of that kind
o the Statutes of Elizabeth. Subsequently M•theee Statutes, on the affidavits.
he has uniformly beet' eleeted in the game 'illy, so that there Mr. ALDERsOri—I thought it had been. I run told, my

Lord, that it is not set out in the affidavits ; if so, I am not en.
titled to tbrm any argument upon it. There-is, however, my
,Lords, another thing which does appear, and by their affi.
davits. They say, that the 40th Statute only applies to
annual officers, whereas some of the persons who are expressly
named in it, are officers for life. I will first mention the
beadles ; it appears from our affidavits that they hold for life.
If my learned friends doubt it, I will chew it to them from the
Statutes.
Mr. Tr ignat.E—NThe uniform course is, that they come on
the annual day of election of the Vice-Chancellor, and lay
down their maces of office, and then take them up again.
Mr. ALDERSON—That is also provided for by the Statutes.
Now, we will see what that is—your Lordships will find it to
be stated that they lay down their maces, quasi officium
deponentes " which are the words of the Statute, and you will
also find.—Do not let my friends be too quick on this subject.
Lord Chief Justice ABBOTT—Mr. Alderson has already
reminded you, Gentlemen, that you are five to one.
Mr. ALDERSON-1 am ready to go into the question, and
to state such grounds as will satisfy even them that I am right.
My Lord, in p. 249, the mode of the election of the " prwcones
seu viatoretif armigeri," who are the game es the bedelli in the
40th Statute, is pointed out. And the Statute has these
words, " et quanquam volumus unumquemque prwconum
aut viatorutn sic electum et admissum ad omne tempos vitte
awe in hoc officio pennunere nisi insignia aliqua culpa expul-
sionem atque ejectionem requirat quo diligentius tamen, &c. ;"
and it then requires in order to effect this, that they shall on the
first congregation after Michaelmas Day, submit themselves
to. an examination, which is to give the Vice. Chancellor, or
the Proctors, as it was originally, the power of removing
them from their office if found deficient, and for this purpose
that they should remit their fasces upon the particular
occasion, and that the fasces should be again restored to them if
it be found that they have not misconducted themselves. That
is the whole effect of the form to which Mr. Tindale refers. The
meaning is, that that they are ready to subject themselves to an
examination. So a form somewhat of a like nature takes place
whenever the Vice Chancellor or the Kingcomes to the Univer..
sity. Then they lay down their fasces as a mark of honour.
Lord Chief Justice Annovr. The Statute goes on to pro-
vide for the removal from the office.
Mr. ALDERSON—It first says, my Lord, that they are to
hold it "ad omne tempos vita,, mute,' but subject to be turned
out for tnisbehavour. It is therefore clearly an office for life,
and those who instruct my learned friends that it is an annual
office are mistaken ; on the contrary, it is held for life, and I am
quite sure that it would excite great astonishment in the mind
of the person who holds it, if it were decided to be an annua
office.

A. 8., ut duodecim termini completi in quibus ordinaries, lee-
tiones audiverit licit non omnino secundem forenum 3tatuti
hec inajorem partim hujus libet termini una cum omnibus op-
positionibus responsionibus caiterisque exercitia per Statuti
regia requisitis sufflci ant si ad reapondendum questions."....
My learned friend leas therefore stated, at any rate, thaehe bas
heard these lectures, and no doubt I have said the sstat:i I
say, therefore, that, shortly speaking, there are persons of
higher rank and consequence in the University than , the new
professors. That they are of higher rank is manifest, for it is
necessary that every person who takes his degree should State
that they have attended these lectures, whereas they are,not
called upon to say they have attended the others; therefore
taking them strictly, in an academical sense, they are of a
higher rank and consequence.
Mr. SCARLETT—IIIe grace for the degree dispenses with the.
attendance at the lectures.
Mr. ALDERSON—It is the form which is used upon every
occasion. No doubt they are dispensed with.
Mr. Justice BAYLEY—I fancy that it is a mere question of
form.
Mr. A T.DERSOet—They have stated that they were inferior
in rank. I have given your Lordships my reasons for think-
ing that at the time of the Statute it was not so. We are now
construing the 40th section of the Statute, and therefore we are
supposed to be standing in the same circumstances as we should
in the time of Queen Elizabeth. These were the lecturers who
presided over the disputations at the time when King James
the First attended the University.
My Lords, I will now go into the question, whether these
instances which occur in modern times make any thing like a.
precedent ; and 1 think your Lordships will see in one moment,
that an alteration to one date alone will put an end to all the
argument attempted to be raised upon those instances. My
Lords, the first is that of chemistry. The first five weaker
special grace.
Mr. Justice BAYLEY.—The earliest was in 1762.
Mr. Ai.DEnsow.--Yee, my Lord. In 1773 a vacancy ec-
curred, and the University being in a state of dissention as to
the person who should fill up the office, they could not agree
on any one person ; for, as your Lordships will perceive, it
may be in the power, where the election re by grace, for the
minority to defeat the majority. The grace may be stopp d.
by the Caput, or non-regsnt's house differ with the regent's
house, they may throw it out altogether. Therefore a man
who has a majority in the whole may be thrown out by the
manner in which the voting takes place in the three differeet
bodies. This seems to have been the case in /773, and
then on that occasion comes the grace to which I will now call
your Lordships' attention, and I introduce it for the purpose of
shewing to your Lordships that the mode of electing to pro-
fessorships had then undergone considerable discussion. The
grace of 1773 is in these words, " Cum ii omnes qui chemiuni
in academia excolere velint in commodum haud leve sint per..
cepturi ex diuturniore muneris professoris chemieee vacatiune ;"
so that it had been vacant for some time, and they found it very
inconvenient—then they say, ". Neque a ir ajoribus nostris
clectioni professoris cum plures exstiterint competitoree satin
commode provisum ease videatur placeat vobis ut chemise pro-
fessor eligatur pro hac vice secundem morem in electione lure
gensium receptum." Your Lordships see they recite it S'lts.ll
great inconvenience, and that there was no custom in the Hni.e
versity for electing where there were more than two competi-
tors. That shews that this mode of election now contended for
was nut then in use ; for if it was, there was a convenient mode
to which they might have had recourse. And yet all the in-
stances on which my learned friends now rely had occurred
previous to this grace : every one of them. If you take the
cases of the appointments Of the professors of anatomy your
Lordships will find-----
Mi. Justice BAYLEY—But there could never be, accceding
to your argument, any more than two competitors.
Mr. ALDERSON—No, my Lord, your Lordship sees the ob-
ject of the Statute of Elizabeth was, that there should not be
more than two competitors, one of whomi was sure to be elect-
ed, anti in cases of lectures where it was of importance, and fur
the good of the University that they should speedily be filled
up, they were determined to have an election at all events, and
they secured an election by these means for the Heads, submit-
ting only two to the opinion of the Senate who voted in a mass ;
he who had the majority in this assembly was sure to succeed,
and that was the object of the Statute. But I was arguing
that all the other instances which occurred of elections to the
professorships of Anatomy and Botany were anterior to the
grace of 1773. In 1728, there being a vacancy, John Morten
was chosen professor of anatomy. In 1753, Dr. Gibson was
elected a Lecturer of Anatomy, and then there is an interval
till 1783. Then what do they do on this vacancy ? They pees
a grace with these word, " sccundum morem in electione bur-
gensium." Again, the same observation applies with respect
to the two vacancies in the botanical profeeeorship, the last of
which was in 1762, and the gentleman, I believe, is still in
possession. Now, these instances all occurred before 1773, and
yet the grace recites that there was no such custom of election.
And these, be it observed, are the only instances which my
learned friends can cite as being without special graces, ap-
pointing.a mode of election " more burgensturn." Therefore
my, learned friends set up a custom which has been at all events
violated ever since 1773, if indeed it ever existed. I say it is
nothing like a custom on which your Lordships can be called
upon to rely.
Mr. Justice BAYLEY—UntiI the year 1773 the chemical
professors were all named in the glace? .
Mi. A enEnsoer—Yes, my Lord.
.111 r. Justice BAYLEY—And until the year 1788 the auto-
' mical professor was named in the grace?
Mr. ALDERSON—No, my Lord, the first anatomical pro.
fessor was by grace, and it was followed afterwards by what is
called .an open election, of which we can give no explanatiecri.
whether the books have omitted it or not we cannot tell. •
• e Mr. Justice BAYLEY—Then in all the early vacancies .in
the anatomical professorship it is a " vobis elegatur ?"
MT. SOLICITOR-GENERAL—IR 1728 it is " May it please
you that lice professorship be declared vacant; that another by
you be chosen to succeed him in office and title." •
Mr. A ereeßSON—That is the one I wee referring to. That
in the year 1728 was followed in one or two instances, and which
terminated in 1753. A discussion took pince in 1773 as to.the
chemical professor, and they did not rely upon the custom of
electing, anatomical professors at all ; and after that in the see-
comical professor they followed the mode of election adopted in.
1773, since which time there has not been any instance of an else:
tion "more burgensium" unless by special grace. That putS an
end to the custom—a custom must be a custom to dosotnethingea
a custom merely in thenegative will not do unless there is a custom
to elect in aparticular manner. I apprehend, my learned friends
argument must tail. Now, what particular manner does there._
appear to be specified upon these affidavits—take any one, Nue:
Lordships will find a majority of instances against it; when;
you take the special graces you will find more instances of elec-
don ; the other way, or in general graces, you will find mere
instances still the other way ; or if you take those
.graces which
specify more burgensium, you will still find uniting the other
two a greater number of instances against that ; so that there
is no particular mode of election which can be adduced to over-
turn that form of election which is prescribed by the statute. •
Unless, therefore, my learned friends can shew a custom to '
elect in some particular mode, I apprehend they will not suc-
ceed ; for in the absence of all proof 1 will refer to the stetute.
If they can shew a custom that will overturn the statute, as in
the case of the High Steward, who was proved to have been
elected in a particular mode from time immemorial, that may
make a difference; but that they cannot do from any instances
which appear upon the face of these affidavits ; for let them
select any one manner, and lahink I can undertake to point
out a majority of instances against it.—My leertled friend say 4,4
that the affidavits *bewail° instance of election by nomination ;
but a custom not to nominate would be a custom merely in the
negative. They must shew a custom to elect in some particular
mode. That they cannot do ; and if not they cannot overturn
the general rule laid down in the statutes.-51y Lords,, I har,,
nothing further to offer upon this subject. I have troubled,
you greatly too long upon it, and I 0141 now leave the matter
entirely in your Lordships hands.
Lind Chief Justice AIIHOTT—The case has been very well
argued.

Lord Chief Justice ABBOTT—The Statute to which you have
referred us seems vetry clear to a Layman; I do not know how
it may be to the Clergy.
Air. ALDERsoN—None of these Statutes appear on the
affidavits, though there are several others relating to this point,
but it does appear on the Affidavid, and is sworn to as a fact by
the Vice Chancellor (and I am only anxious to shew he
he has not sworn rashly) that the beadles hold for life. The
orntor, my Lords, holds tbr life also,—he originally held for
seven years, but he now holds for life, as it is sworn in these
affidavits. And yet he comes under the Statute, and he is
elected by previous nomination—the register holds for life—he
is elected by nomination also ; therefore, it is in vain for
my learned friends to say upon such vague authority as they do,
that this extends only to officers for life. What is the ground
on which they rest their case ?—"Why, my Lord, that Lord
Burleigh, in a letter to the University of Cambridge, in Queen
Elizabeth's reign, incidentally speaks of those who are to •sue./
ceed yearly in the places of lecturers and of other officers of the
University." And he then goes on to discuss the question that
was submitted to his consideration, which had nothing to do
with the annual nature of the i Bice. It appears that there was
a dispute in the University, whether, when the masters of
the colleges were out of the University their locuin tenentes
should go and nominate in their stead. It was claimed, in or.
der that the University might have the benefit of having a
greater number to determine on the matters before them.
Lord Burleigh only decides that the locum tenentes should no.
minate in the absence of the Master. Therefore, to say that an
incidental expression which he uses should be held to prove,
that in his opinion the 40th statute applied only to annual offices,
is contrary to reason and sound construction. That it does ex-
tend to yearly offices I admit ; but the question is, whether it
extends to yearly offices only. The question is not whether it
extends to lecturers who hold for a year, which we admit it
does, but whether it extends also to lecairers who hold for a
longer period than a year. Now, in the time of Lord Burleigh,
it would be very singular if he had decided differently, -for
there were none but annual lecturers at that time; and unless
he had been gifted with a spirit of prophecy, he could not have
laid down a rule applicable to the present case. lie speaks of
all those to which the statute applied at that time, for he speaks
of all those which could fall within its provisions. There were
then nine or ten professorships—l believe there were ten—five
regius professors.
Mr. Justice BAYLEs'—In the time of Queen Elizabeth?
Mr. A taiEasox—Yea, my Lord, when the 40th of Eliza.
beth passed, there were the five regius professors, all of whom
were tbunded by the Crown. By the statute of King Henry the
Eighth, which is a statute of Trinity College, the election of
three of them, that is to say, of Theology, Greek, and He-
brew, was given to a certain number, namely, to seven electors,
who now enercise that duty; the other twoof Law and Physic
have remained from that time, and do remain to this moment,
in the absolute appointment of the Crown alone. With respect
to those five, therefore, the statute could nor apply, there being
the exception to which your Lordships' attention has been al-
ready called, and by which they were excluded from the ope-
ration of the statute. And, my Lords, I may here observe, •
why put in an exception, if the general words would not have
included them ? But they would not, if they had applied only to
annual offices, as my learned friends contend. I say the ex-
ception shows what was included in the general words, and,
therefore, if my learned friends are right, they can
make nothing of the exception, as it seems to me it is nonsense
if' the original premisestappiy to annual offices only.
Then, my Lord, there is the Lady Margaret's professor-
ship of Divinity, that is a lectureship appointed by Lady Mar-
garet, and was the mode of election specially provided for ; and
lastly there were three lecturerships founded by Sir Robert
Retie, Lord Chief Justice of the Common Pleas, I think in
1325, but I am.not quite sure, and a fourth founded by the
University itself, and endowed with a stipend that was the ma-
thematical professor. These four last, now called the Barnaby
lectures, were all in existence at the time of' the University re-
ceiving the Statutes, and there being no provision for any parti-
cular mode of election, every one of them fell immediately within
the general provisions of the 40th of Elizabeth, and have con-
tinued to be within those previsions ever since ; therefore, when
I find a Statute including all the professorshipt—
Mr. Justice liar LET—lncluding the Lady Margaret's, Sir
Robert Reties;' and the mathematical.
- Mr. ALDEasox—No, my Lord.—The first was provided for
by the foundation. It includes the three of Sir Robert Rede's
foundation.
Lord Chief Justice ABBOTT—They all fall within this
Statute.
Mr. AtnEnsosi--Ves. my Lord.
Lord Chief Justice Abaco' T—With permanent salaries?
Mr. ALDEHSON—Ves,my Lord.—There were three founded
by Sir Robert Ilede, called ordinarii lectures, who had annual
stipends of 3/. 1;a. Bd. each—the other which was vidovred by
the University had a stipend of 4/. Though the sum may now
appear small in those days, it was a stipend at' considerable
amount.
Mr. Justice 13s.YLET—And those professore are for life?
Mr. ALDERSO`I7—No, My Lord, they areannual.
Mr. Justice BAYLEY—You account for that deviation which
occurs, and that distinction which exists between those that are
annual, and those that are not—that those which do not fall
within the provision of the 40th Charter do not fall within it,
because they are otherwise provided for.
Mr. A LnEnscile—lt would have been a strong argument it'
there had existed several professors who are annual, and several '
who are for life ; and the latter had not fallen within the Sta-
tute, unless that could have been satisfactorily accounted for on '
fall within the rule;
tnh ooi
itfl,koatihitepriwrus ifsaee therefore,ssgerrnosievfriadlaedl
a different ground, namely, that their mode of election de-
o
pended on the special words of their foundation. I will
'thew your Lordship, however, that all those which did
not come within the exception, did in fact, and in truth, CRUELTY TO A Doo, &c.—(Bow-Street.)-:-Yegterday, a
,ewtshipulidcr, professorships suul ogewrnhsi
subsequently
ht lyt)inos; ptteartaseo
.mothernt
oo gwulaadspi
nprsl
throningi)
application
a interferemtioo nn summoned
auhs
hot
tdmi ewtarhdael%et
e.lcootrilvelepxarrtitoehenTemdieeNddt:
proceedings
lAnu
It; ,attg
lhofoe.crnark,t2stittiutrelty
g oti
vst
ehr
ne
Statute,tl e University,
rule
institutedfl otehr
he
and that, according to the case of the King, v. the Bishop of servant of a poulterer of Tottenharn-court-rciad, by a Gentle.
Ely, they ought to fall within the rule, unless. specially pro- man named Gardener, residing at No. 267, Strand, an Artist,.
election d
vided fur by their foundation. who stated that he was passing by the shop, and saw one of his
Then, it is said, that these ordinarii lectorea are inferior in men take a live fowl, and after slightly twisting its neck,
rank and degree—that is one way in which they seek to distin. barely sufficient to stun it, placed it between his knees, and
guish them from these new professors. It is said, that they began plucking the large feathers from the wings. The mei-
are inferior in rank and dignity ;—my Lords, what are the sub- give pain caused the win thing to writhe so violently that he
jecta of their lectures? I apprehend that the study of mathe- could with great difficulty hold it i he, however, continued
matics is quite as essential as that of mineralogy ; and Ido not this species of torture until the bird was nearly divested of all
see that die subjects on which the other three professors les- its feathers, when he threw it forcibly upon the ground, and it
tun, are at all inferior, but, I think, superior in importance still possessed so much life as to get upon its legs, and at.
(of course lam speaking of the University as a place of ethwe- tempted to walk. Mr. Gardiner remonstrated with the men.
tion for young men) to tha professorships of mineralogy, botany, , and begged of him, if he had any humanity at all, to kill
and anatomy. There are three professors on the foundation, the fowl at once. This he ratified to do, and behaved in a
with a stipend an fia. lid.. In modern times, there being an very insolent and abusive manner, telling Mr Gardiner to
abundance of other persona to teach these subjects, appropnat. mind his own business, or he would pull some of his feathers
ed to the ordinary lectures, they have been superseded., and out. Mr. Gardiner persisted in seeing the master, who, on the
now only retain the remnants of their former consequence and afFair bring related to him, coolly remarked that the man had
dignity. But every one of these foundations sire the source of done very prop As L erly, vie general practice in the trade was to
the degrees which are conferred. My learned friend, the Soli- pluik.the lbw's in a similar manner, as they had a much bowl.
cltor-tieneral, doubts this.r He must have forgotten the form appeorance for sale than it' plucked after. they were dettd..»ne
of the *upplicat for his own degree.-Whenhe was present- .Magistrate; or the saute reason as in the impeding case, de-
ed, he solicited it in this form r '*Supplicat reveasestlis vestrii, dined interfering.

tTo be continued.]

TIIE LONDON JOURNALS.

DAILY

Extracts from the Morning Papers, May 8.

[THE TIMES.]
;there surely never was a war that made so
little noise, or was so little distinguished by
events, as this present war of France upon Spain.
It really almost becomes ridiculous. Not that
Ole people of Spain must not suffer much by the
unjtot invasion of their territory, but that so
much more mischief must have been apprehended
by those who had been used to the rapid move-
meuts and furious onsets of Buonaparte and his
soldiers. We wish it to be recollected, that one
of the temptations used to seduce the Spaniards
to submit to the French Bourbons, was that by
such submission only could they hope to regain
their trans-Atlantic possessions; and it was by
such counsels and such energy as is now used in
the subjugation of Old Spain, that Peru, Chili,
"Mexico, were to be awed into submission, or
forced to surrender. We should in truth rather
aoVise France to conquer the ultramarine pro-
vinces first, and having those in her hand, then
let her offer them to Spain as a douceur, if she
will take with them Ferdinand the Absolute, and
the Inluis►tion.

[MORNING POST.I
We have been constantly told by the advo-
cates of the infamous attack upon Spain, that
the state of that country, in which the activity
and boldness of a rebellious few had succeeded
in suppressing the ardent aspirations of the many
for the overthrow of the new Institutions, justi-
fled the interposition of a neighbouring and
friendly State ; and that all that portion of the
Spanish people which could be deemed respect-
able, exalted, enlightened, or patriotic, panted for
the moment when the entrance of a foreign army
should relieve it from the thraldom in which it was
miraculon,ly held by a party incomparably inferior
to itself in number, in talent, and in virtue.—
Upon the minds of men capable of alleging such
an absurdity as the foundation of their reasoning,
the most convincing facts can he expected to
make hut a tardy and feeble impression The
protecting and redeeming army has already been
a month in Spain ; the attachment of the ex-
alted, and the loyal, and the wise, to the mild
and generous rule of the Absolute King and the
Inquisition, if it were before overawed into si-
lence, has had a safe opportunity to proclaim
itself aloud ; if it were before dormant through
apprehension, it might ere this surely have found
courage to arouse itself under the shade of the
French banners.

[Hamm pttEss.]
Mr. Buxton's motion, for the gradual ahoiitio

of Slavery is deferred, on account of a great press
of business in the House of Commons, until the
t sth inst. This .will be no injury to the cause,
aS it may afford- a farther opportunity for present•
ling: Petitions to the House of Commons. From
t short space- of time , since any information
bas been circulated, and the almost total igno.
,nce as to the existence of such enormous evils,
such an extraordinary .manifestation of bene-
volent public feeling as has already ap-
peared could not have been anticipated.—
.This. is at once a gratifying proof of the ad-
vantages of Education, and of the circula-
tion of. the Scriptures, and a high reward to
ihOse who have .:been engaged in these good
itiurlis:. But the people of this country only yet
3):•now one half of the case ; they only know of
the existence of the evil, and have in general yet
•to • learn that they are paying. for the'expence
which it entails. HMlgstro',3 excellent letter to
Say,." On the comparative PIC pence of slave and
free labour," lias not yet been extensively circu-
lated. little work abundantly proves, that
the injustice of slavery is not more clear than
its impolicy.
—______

1.310RN1 NU HERALD.]
• Tim French boast, and not without reason,
of their capital., 44 distiOguished for arts, litera-
ture; politeness, humanity, and the other graces
of a high elegree of civilization. It is not with.
mit surprise and disgust that we observe in the
trench papers a statement unquestionably true,
Which one would suppose could occur in no com-
munity but One of which the Government was
despotic nod people barbarians. The fact is
simply this : the Editor of a literary periodical
journal was tried for a political libel, and sett-
fenced to thirteen months' imprisonment.—
After having passed some period of his sentence
at a prison where persons convicted of political
and other offences, such as do not degrade the
.offender' from his place and consideration in so-
otety, M. Niagallon, the person to whom we M-
I11(16 was abruptly taken from his place Of con.
ioement, dragged or driven through Paris by
-mounted gots Warm, handcuffed, and chained
to a galley slave, who was covered with the filth
not. only of rags, but of disease, and who,
as they traversed the capital at. mid-day, at-
tracted notice by cries of " the galley slaves
foe ever!" 1111 d other phrases of still more
disgusting impudence and debasement. In'
this manner was he.conducted,.... in spite of
h!* .entreaties to he allowed a carriage at his
_ own charge, not only through Paris, but to a
•illouse of Correction at Poisy, six leagues from
.the.eapital.. Arrived there, his sufferingS were
opt. relaxed. but increased: lie was flung among
tfie,vilest of mankind, to whose confinement this
'prison was• exclusively devoted, stripped of his
clothes, dressed, in ..the prison uniform of the
-wietches with whom he was to consort, nod com.
pelied,to perform the same drudgery of manual
la'hour to which the wretches confined: there were
stAiected for punishment and,refortnation.

issoesirip elluon!cr.E.l
The French already begin tO find that the con,
(pest of the Peninsula with 100,0(X) men,although
commanded by a descendant of :•lieu; l V., and a
iikege,,of the. God of,St. Louis, is.not so easy a
rytter as they at first iinaginedi notwithstanding
a3O the iidof a 1 0791 Itegepgy, armies of the,
1 ititty aid the prayers of bigots attki.fana.-j

tics, liatit Prench and Spanish, whom the Pavilion
Marsan have been able to enlist into their
service. The fact is, the French and their
friends have been over sanguine, and have totally-
mistaken the feelings of the Spanish population
at large ; neither have the distances and natural
difficulties of the country been taken into proper
account. On entering Spain, the French behaved
not only with the most studied politeness to the
inhabitants, but also with rigid justice, affecting
the greatest scrupulosity in paying for every thing
they received, in order to establish, if they could,
the character of friends, instead of foes. The
experiment, however, has not succeeded. Where.
ever the French overawe, the inhabitants receive
them with a sullen gloom, and every compulsive
demonstration of resignation is accompanied by
mental reservation. The young and aged are
alone left " to strew flowers under the feet of the
French Generalissimo," the able-bodied men
have either fled to the mountains, or joined their
comrades in arms, to be ready to act when the
signal is given. Even in the very ranks of the
Faith are men pledged to the cause of their
country, who watch the movements of the
French, communicate with the Constitutionalists,
and will join them the moment the invaders meet
with a reverse, or the Treasury from which they
are now paid is exhausted. The Spanish Govern-
ment formed a peculiar policy, as soon as
they found the French were in earnest, suited to
the nature of their country, and the strength of
the invader. On this they are now acting, and
the people, by the greatest sacrifices, second their
exertions.

`NEW TI M ES.]
We yesterday expressed our earnest wishes
that a moderate party might gain the ascendancy In Spain, and
adopt those measures which the cause of humanity and rational
liberty so urgently demand. Our wishe., sere not unaccompanied
with reasonable grounds of hope. Even The Times quotes
letters of the 111th ultimo from Seville, stating, that the Chief
Members of the Cortes had held a meeting, and agreed on
reconitnending. to the King a more moderate Ministry ; and
the reason assigned for this step so exactly coincides with
our own sentiments, that we gladly call it to the atten-
tion of our Headers. " This step,' says the writer, " has
arisen from a persuasion, that the present men in power have
acted imprudently in rejecting the mediation of England ; and
that at the present moment Ministers must be selected who in-
cline to the policy of attempting an amicable accommodation
with France." This, be it observed, is the first step taken by
the leading Members of the Cortes on reaching Seville, which
we were told was a place of safety, whence they would
rouse the whole of Spain against the invaders. So far from this,
it appears, that even Seville itself is in a state of great agita-
tion. It is proposed to remove the King to Cadiz, owing to
some distrust that prevails respecting the Militia, and the want
of harmony between them and the regular troops, in conse-
quence of which some tragical events are apprehended ; and it
has been judged necessary to establish patroles of horse and
foot both within and without the city."—So much for the una-
nimity of the Spaniards ! Even in the new seat of Govern-
ment, the Militia, who are violent Jacobins, are expected to
come to blows with the regular soldiers, who are disposed in
favour of the King. But if the civil authority is thus
incapable or indisposed to prolong the warfare, we have
been told over and over again of a grand military plan,'
which was to insure destruction to the French. Hal-
lasteros was to fall back upon Mina, and both of
them, valiantly contesting every inch of ground, were to retire
in good order behind the Ebro, leaving all the strong places
north of that river in the hands of resolute garrisons ; while
the mass of the population in that part of Spain formed Gue-
rilla parties harrassing the rear of the French, and cutting them
up in detail, until the united armies of Mina,llallasteres, Able.
hal, and Morillo, recruited from the South and Centre, should
find a fit opportunity to overwhelm the invaders.; it being posi-
tively asserted that the Army of the Faith hid been long ago
entirely dispersed, and that Its fugitive bands would unani-
mously join the supporters of the Constitution. •