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

individual who is to be elected Master, and though I think no
one can read these statutes without feeling, at least I cannot
think that it was the intention of the Foundress of the College,
to keep up the proportion between the funds, if I may so ex-
press myself, of a Master and of a Fellow, so that that Master
might have more ample ineanseand in stick a way be entitled
to somewhat more of the world's respect than a Fellow, yet, in
point of fact, there has been no interpretation of the statutes ;
there his been nothing done that has altered the •qualification
which is to exist in the person of au individual who is capable
of heieig elected the Master of the College froth that day to this,
neither by the authority of the College itself, nor by the autho-
rity of any visitor; and I therefore come to. this ,conclusion,
that whatever it may be fit to do in order to keep up that ratio
of proportion, if I may so express myself, which originally ex-
iseel between the Master of the College and the Fellow, as to
his disqualification, I cannot apply that to destroy an election
that has been made before any such interpretation, or any such
authority has interposed, whatever it may be fit to do, with a
view (if you please to express it) to prevent any other election
ever being made under the same circumstances.
The next question is one of a very important nature to
the Universities in general, and that is whether Doctor God-
frey's qualification admitted to be below £219 a year, which it
must necessarily be, if the same ratio was preserved, the Fellows
having 1120 a year, if it be a personal qualification, is within the
meaning of these statutes, viginti libras ; and I am misinform-
ed, as well as have myself erroneously collected, from the long
life, in which I have been in some measure connected with one of
the Universities ; I am misinformed,l say, if the hebit and practice
and consuetudo of almost every College in both Universities, is
not to consider the property being personal as not disqualifying
a man to hold a Fellowship. If the property being personal,
would not disqualify a man to hold a Fellowship, the conse-
quence of that should seem to be, that you would censtrue the
statute as meaning in each place, the same thing (except as to
the amount) where they speak of viginti librae and of novem fi-
bres; and accordingly, I think there is a great deal of evidence in
these statutes, which I have now in my hand, to chew that it
has been the understanding of this College, that the qualifica-
tion and disqualification should be of a real nature; but I do not
think it is necessary in this case, and it has always been my
practice, if possible, to avoid determining general questions, be-
cause the determination of such questions would involve(if I am
right in the observation of fact I have already made,) the in-
terests of all. the -Colleges in both the Universities, and un-
doubtedly, it would be a hazerdous measure to undertaketo de-
cide from this place, what shall, or what shall not, be a qualifi-
cation or a disqualification upon such a general understanding
as that would be, more especially if it is not necessary in the
nature of the case.

• Now in this case, if the question be whether Doctor C.lod-
frey's qualification, is personal ur real, I think it is for the
purposes of this day's controversy, a real qualification, and if it
be a real qualification it is not necessary for me to determine
what• would be the effect it' it were not a real qualification but a
personal qualification; and if it is not necessary for me to decide
what would be the effect of this being not a real but a personal
qualification; I do not think I should be acting rightly if I
were to declare from this place, an opinion that may affect such
a multitude of other cases beyond what is necessary in tee de-
termination of this case. Doctor Godfrey'e qualification is of
this nature, a Testatrix leaves real estate to Trustees to be sold,
and the produce to be diVided in certain shares among a certain
number of persons, of whom Doctor Godfrey is one, 1 think the
whole number of them is six or eight.
DOCTOR UODPREY7 four my Lord.
LORD CHANCELLOR-It is the same thing. Four of the
Trustees had proceeded to execute that will, and we were
discussing in a Colin. of Equity, what was to become of the
property ; it would be very difficult, according to our no-
tions at this day, to say that that was not to he considered
personal estate, and I mention that, that it will be seen that I
am aware of the analogy from which it may be contended, that
my opinion, that it is for this purpose to be considered real es-
tate, is wrong; but I have no conception that the modern doc-
trines of a Court of Equity are to be applied, in questions of this
nature, to determine what, in the reign of Queen Elizabeth,
when this College was founded, was to be considered real estate
or personal estate. If more had been done than the execution of
that will, and the taking possession of the property under that
will, this Court would have said in a suit, that the Trustees shall
sell, and the cestui que trust shall take, as personal property ;
the latter of which propositions the Court must have held, be-
cause each of them having an interest in the produce of the sale,
each of them had a right to say, the whole shall be sold to-
gether, accorling to our doctrines. Though it would have been
so in a suit, yet we are to consider what has been done here with
respect to one of the persons, according to the statement made to
me ; he has accepted land as land, a particular portion of the
estate, which he has taken to himself as land, and we know that
where there is a property that is to be converted into personal
property for the sake of those who are to enjoyit, the slightest
act in the world, on their part, will reconvert it from personal-
ty into reality in a suit in this Court. The other tenants in
common, if I may so call them; of this money, have agreed to
this, that is, they do not interpose so as to prevent a sale, but if
there were a sale, it would not be a sale precisely in the execu-
tion
of the will, but they agree that there may be a sale of the
residue of the land provided they can find any body who will
give a certain specific sum of money for it, and unless somebody
will give a specific sum of money for it, then, as I understand
die matter, it is not to be sold, and it remains at this moment,
in shape and substance, realty never to be converted into per-
sonalty, except on an occasion which I do not know may ever
arise, and enjoyed as realty in the hands of tenants, having been
enjoyed as realty for years, and therefore the property is at this
moment a real property; it is uncertain whether it shall ever be
converted into personalty, and it is in the power of those indi-
viduals to say that no such thing shall be done. That being
the actual state of it, and particularly in a case where, though
I think it would be what a Master of a College should not think
of, yet it did think of it, it does not appear to me that there
is any thing in these statutes that would prevent a Master qua-
lified at the time he was elected from selling the property that
qualified him die very next morning (I can find nothing in
the statutes to prevent that) ; I am upon the whole of opinion,
that, in this case, there is a qualification vested in Doctor
Godfrey.
The next question is; was Doctor Godfrey duly elected, sup-
posing
him to be qualified ? He is elected by the Fellows, or
the major part of them, therefore there is no question upon his
election, but then there have been several questions raised of
very considerable importance, undoubtedly. After the election
is made, the statute says this " Quam electioneer dictus senior ,
antequam recedat sub hac forma pronunciare teneatur. I
nomine Petris, et filii, et Spiritus Sancti. Ego," such a one;
" senior socins hujus Collegri nomine meo et nomine minium
soeiorunr Mcorum sive majoris partis eorundem eligo et elec-
turn pronuncio" such a one, "in prEesidentem hujus Collegii.
Quam electionem prxfatus senior sub pane incurrendi maui-
fcstum
perjurium et sub periculo perpetuaa expulsionis
a Collegto teneatur pronunciare et personam sic electam
admittere" and the first important question remaining to be
considered in this case is, what this word admittere, used
in Statutes of Colleges in the time of Queen Elizabeth
meant; that it meant, something more than to elect,
is beyond all doubt; it is beyond all doubt, not only be-
cause the senior Fellow is bound to pronounce him elected,
but that he is bound also to admit him, and when you
come to consider what that means, you must consider all die
statutes as being in a sense in pan materia, and then you come
to the oath of the Fellows, the statute prescribing which oath,
is thus entituled, "Juramentum sociorum quo pnestito admit-
tantur, ad totum jus et ernolumenturn societatis ; this is not ju-
atnentum sociorum quo prnstito admittuntur ad totum jus et
etnolunanturn soctetatis ; but 1 should find it diffictilt to lay
much stress upon tile difference between admittuntur and ad-
mittantur, if I did not find in the evidence contained in the affi—
davits now before me, that the distinction between the one and
the other is perfectly substantial, because it is now a fact be-
yond all controversy, that after the Fellow has taken this oath,
which he is directed to take, he is admitted in a sense which
cannot possibly mean that the taking the oath is his admission,
for it now appears, from all the affidavits with reference to
the election of the present Fellows and past FellOws, that
after this oath is taken, they do, upon their knees, pre-
sent themselves before the President of the College and that
the President says to the party so elected, and who has so
taken this oath, " Ego nomine Domini, et Filii, et Spiritus,
Sancti, admitto te," amongst the other Fellows, and so on ; and.
that that form of admission constantly follows upon a Felow's
taking the oath.
There is another Statute which is likewise a material Statute
in this respect, and that. is the Statute with respect to the
Election of certain Scholars upon the foundation' of a illagister
Joannes Stokes, where the Statute is, " Jus jurandurn electo-
rum Scholarurhantequam admittantur," before they shall be
admitted. The Statute then, with respect to-the Master, pro-
ceeds, " faciatque electum prxeidentem inquiri," which
word's, I apprehend, apply to tvcase which must necessarily re-
quire enquiry—that is, where the person who is elected appears
not to be present—" faciat que electum prnsidentern inquiri et
coram Communitate Concerti, in Capella ejusdeni ad menstun
Dornini ex Gollegii sumptn personaliter presentari quo prxsente
salreunt, 'l'e Deem lauda.mus omnes Se iiprxsentessblernnitur
cantent, et posted electuspraesidens prix stabit hoc.quoti seqUitur
juramenturn seniore •socio ipsem exigente Jnrabis ac Deo tests,
promittes to ',Teem Christi relierioncin ormii animo complexi-
orum scripturm authoritatern horninutri prnjudiciis prrepoeitt-
rum regulam vine et summarn fidei ex verbo petituru'n
enters Tete ex verbo Dei non probantur pro humanis habituruni
authantatern regiam hominibui stinueam et exterrioram
epis-
coporuni jterisdictioni minima subjection nstirnaterum et con-
trarius verbo Dei opiniones onna volentateereftitatutann yeti
consuetis Scripta non seriptis in religionis.causa antihabitarum
secundo jurains quod officium priesidentis pro ternpore tuo 'lid e-
liter fires Statute ordinatiories et laudabiles consuetudines he-