The Sun.
London, England, 1821-04-09 00:00:00

made, tfae, according fo this affidavit, ttentent in corikiting Mr•
Serjeant Lens, BS to what was to be done to make she Election
complete, if the Election was complete by. the admission—the
case is put upon the word admission ; it then becomes quite
unnecessary to consider two other points, namely, a point
which 1 have already mentioned before, what is the meaning ef,
the word AT in this Statute of Charley the Second ; and another
question of considerable importance and considerable difficulty,
whether, if by reason of the non aubsc'ription at admission in
another way of understanding, the word•admiseion, the Head-
ship of the College is vacant, the nontinatioo of a future Master
of the College is in the Crown. or whet'oef he is to be elected
by the Fellows ; that 1 state to be a question probably of sours
importance to the College, and no small difficulty as to the de-
termination of it. It does *ecru to me, upon looking at
Statute of the 13th and 14th Charles the Second, and Upon
looking at the Statute of 15th Charles IL, that if there was ont•
a subscription within the intent and meaning of the 13th and
14th Charles 11., the office was ipso facto void, that it required
no judicial sentence to make it so ; and I am the rather inclined
to that opinion, because the Statute, 15th Charles H., which
speaks of those cases in which it had become impossible to
comply with the Statute, says, if they make the subscription
within a sufficient time, they shall -be restored to their office,
unless the offices. have been hiledin the meantime by those who
had the power of electing, in consequence of the vacancyoccae
sinned by non-subscription. In the former instance, it is int-
, possible a person could be restored to his office unless he was
out of his Mice ; -and therefore the two Statutes appear to nee
to prove this, that the former Statute made the office ipso -facto'
void statutably adjudged to be voki ; and that the subsequent
Statute, in speaking of restoration to the ofilea, necessarily
meant a man's being restored to something he bad lest, and
that the words, " as if' he had been naturally died," arc wards
or very considerable importance in the construction of t:tett
Statute. Ent, on the other hand, it is to be observed en the
question, whether the College or the Crown hove a right to till
the vurancy it there is one; that there arc subsequent Statutes
in pari materia, whiclein general cases undoubtedly would tens
w prove, that in order to give effect to former Acts of Par/ia-
meat, these subsequent Acts of Parliament leive given thet
Crown power of nominating, Ihr the It:l:nese of giving till
to the Acts that vacated, for the peneotee of giving the Crewe.
the power of nominating, where the perettns having the right u 5
Election had not in the mean time into posed, and made e non.
Election. But that will notelecide this question ; if we are to
come to that for the question here, would be taking the Statutes
altogether, if there was not a due P.e.ction made within eight
days, whether the Fellows had any power to make an Electuta -
afterwards,- whether, independently of any such Statute, the!
had any such power, on Witieh again it must be observed, tots
is riot the fault of the Fellows that there was a non subscription
of the declaration ; they had done their duty in making the
Election, and then it would turn upon this, whether the Statutes
saying, that the party elected who lets not so subscribed is to
be considered as naturally dead, the capacity of electing would
not again open to the College, to which again must be replied
this difficulty, and a most meteeial difficulty- it is, that they tuurs
, be taken to be cognizant of the laws of the land, and must he take
to be cognizant of . this, that though Doctor Godfrey wet
among them, he wait naturally dead, and they were bound to •
proceed to election within eight days. I think,it would he
difficult to make it bear that construction. But these two Istts
points are not necessary to be decided now, if I am right ir1113:1
construction I have put upon the word.admittere consm:
by the usage of other bodies, and by tile practiee and usage iu
this College itself.
It is my present opinion, indeed I could not state what
uponCrle
have, if it were not my present opinion, that which 1.11;•'•
stated, is the construction to be nut u •t' oed admittere
ve
but as I believe I have put that in a sense somewhat newt it.
have taken the liberty, if I may se express myself, to • 41,1-4
pretty largely into the construction, 1 have given, for
reason, that if those who have heard the construct i
on flat
given, and the feasons I have expressed, think I am wrong: )
shall be ready on Saturday morning to bear one Courisiill I`'ll
side on that point; if that proposition is made to into. - sl.
most readily accede to it; but if it is not expressed to ntenee
li
shall decide that Doctor Godfrey is duly elected. Longer en'
Saturday morning, I think I ought not to delay.
I have studiously excluded one consideration ;
man can look at this Election, as to which no objection ho.rdiel
stated to me with reference to either of the Candidates, et
„tee
on literary rounds,g on moral grounds, or on religious g";7eenows
but where there is a difference of opinion among the upon
i:;.'10 is the most fit to be. elected, and they have I°'-tin their
tLis occasion, as they do on all, the most fit persun6,oeg the
own College, though there is a difference of opinieunst'-ifainv}t
Fellows, yet that difference of opinion stated in tit' the chi-
goes no further than the difference of opinion stated 'll they
unction Whichthey took in their votes; for, their v° n tone
were bound by the most solemn obligations men
l'athlgPc
under, to vote for the. ndividual whom each indiyidtue
that v
the fittest person to be elected ; therefore 1 mutt taks,t'et oull
to be as expressive as the affidavit, and that the aftooo mea
goes where it states Mr. ..itnandell to be the fittest P, ear
t"
to state, by reiteration, the sentiments of those who cots
etatie
him. If the circumstance of this subscription not being
_7orte.
upon the Sunday, and of its being made on the Itlondat7.ol-
- as soon as the Vice-Chancellor could be seen, 3 ct,far
stance rendering this election void, whether, if the Pcirt tie
pointment should be found to be any where else, it 04,1,_1•0. nee.
exercised in a particular way, is that on which I hav '
toys oil
thing, because it is not for me. It is my duty to eictf, reslee
opinion to his Majesty as to what has passed,
and with :wive?
tbinkiterl .
to what ought to De done. That is a consideration
ttinns of
I have not dealt, because I think it would be preseuttP
me, who have nothing to do with it. c my state
Mr. HuntiEnaTit—Your Lordship will excuse
ttrateict
ing that, in consequence of the letter read by yoo IZte eis
such of the Fellows as were present thouht it ottrtel'lngot
r i:e; duty, tinctly to disavow our privity in any respect I have wee
s
,ntionwe,riatlei tforotnnle kw'ehlloonvel v•e'ouh"lnaetsepeeriev:
an answer within the time,. a distinct disavowal,
,and n 3 Are I°f;
sion of their disapprobation ; the other Genteoulccie to 6*
haveB' Senior
had efirlot
within distance of the post, but I can take uponlq.,*(te die let_
that they can by no means have had any knowleug-teat We `-
ter ; your Lordship will therefore permit me to s*. c I
tremely reprobate it. 01 stir.
LORD CHANCELLOR—Mr. Hubbersty, time if 1 ,t.ltt
should not do justice to the Members of the On* Ale, 1,
not say that from every thing which has passed hctOr;e: that '5
suspected them of having any thing to do with sellutt tittee•
ter tome I should be doing them the most gross ho fer pbc
Mr. IfCB33ERSTY-1. omitted to ask your Lerci'',g, Can
mission to inspect the letter, because.if
identified, it is our intention to bring it before the .L, it is fi.lt,e
LORD CHANCELLOR—No, it is not worth ',ail 'to you t
ing too much importance to it.—l am much obligeo
_flora°
mentioning it, but it is not worth while. conte7 re'
Mr. lloicet—:When your Lordship alltoled t? bolo ref
neous construction of the Statute of Queen Elin, cons°
sums our Lordship meant to speak of Elizabeth the ;
Edward IV. istAe
Mr. SILADWELL—No, my Learned Friend is .1° ,• 3,
these Statutes were made in 150. ouerott-enet-
LORD CHANCELLOR—These Statutes are '.113,'
beth's Statutes, but the further back you go, I thiol' , the
the ground is. totes c'
tsa
Mr. Hume—The original Statutes are the e, • g
Consort of Edward IV. soieeln
e,teteeo
LORD CHANCELLOR—But, however, Mr. ue
the best thing you eau do la, to take into consider," !on
05 telt
this and Saturday,. what has passed, and if it th
°et t 1
res '
able to offer any further considerations, I will lii
tend to them, and will then diseote of thetettee.
101'
el. at'
-K etell t
COURT OF CHANCERY, SATTIE.DAT, 4.1' A"; iS not o,l'
_ Mr. BLIGH—In the case of Que.en's College,
intention to trouble your Lordship with any arli•Ten,
fort t rope 6.
I am instructed merely to ask your Lords LP
ete•l°.
the costs. I - -LC
LORD CHANCELLOR4t. strikes me, that it :vas
to pay the costs. of
sary on the part of the College in general, that
Mr. HanT—Does your Lordship mean
petitions ?
'tionse _oks
LORD CHANCELLOH—Yes ; of all the Pen t‘ipt Bob'
Mr. SHADWELL—Your Lordship will permit '
up
_OO
hating to Qtteen's College to be handed back, at, the •eoleer
Loup CHANCELLOIt—I will give order. sti end the,, Qt
shall be handed hack, sad the original affithav
e''„eoetoOe'l
affidavits also, after my Secretary has. had ta
erasing my own notes upon them.
Mr. SI-LADWXI.I.—I am obliged to your a.or- •
the COO

GENRA ASSEA.WIA. nr, Viarcl4'i
E L
PRESByTERY OF CITP.AI:—The Reverep,
Kingskettie ; the Reverena ;Mr. Andrew Thomson, 1
ttw 2Z 3,
the Reverend Mr. Alenander. Lawson.; Creich ; t'
rend rend Mr. Henry D. Cook, Kittnany, Ministers. Vie
son, Esq. of Pitlqhie, and David -Constable, yoonge"
Mel, Esq. Advocate, elder.—',Edinburgh CourPt.)
BOARD or AGRTcur,TURE'S CATTLE
Saturday afternoon and yes.-.:relay morning a (Treat
tine animals arrived frun: various patts of thcliiPg“°;-,le't P3' 'acious
-Ht
a, l'ard of Mr. Aldridge, in Ce'Lt,,,
ne.-ury :Lon t,7 -acre, % mIo the JUdges
adjudging the premiunrs were to examine them vl4
after which the public wera to be admitted to view the-0' mv.o
The Committee at Lloyd's Coffee-house sijo
giwitttwenty pcunds to the' Yvtnouth boatp.:en whor
' .1,1: Q 414
.eves of the cr,...w of tlic Syntrn•:t:y,- late/y wrene4 9
'..c.4.v.tt of 'iN4;-f01.k....