The Sun.
London, England, 1821-01-31 00:00:00

HEART.

A Brook Scene, No. 275 ;—T. •C. LEWIS.—Me. Lewis is
evidently a close observer, and a correct imitator of the more
uncommon, and we may add, the effects in nature more dif-
ficult to be imitated, than those nsually attempted. This
picture will not obtain from the generality of spectators the
praise it deserves; taut those among them .who.wateli the Ita-
lians appearance, produced on the face of nature, will quick-
ly discern that this picture is the production of an Artist front
whom we may expect to reap increasing pleasure. The truth
of colour on the toad which forms the left side of the picture,
and is lined with lofty trees, vhich cast their chrquLred sha-
dows across it, is much to be admired. The tunes of colour.
on the brouk, which counts running down the centre, are
what we see continually, and, the shadow of the foliage alnil
bank on the right is managed in a sol),;-;or lipmiker ; the sky
is good, the sort►e ruraL, and the whole a picture ofgreat ptU7
MISC.

A Coast Scene, No. cl5;--Mr. A. COOPER,
t her ,Mr. Cooper's pencil is employed in illustrating cele-
brated combats of former days, as in his justly-admired pie7_
tore of Marston Moor—in delinsating the warrior wound
up To the highest pitch of excitement, as in his Standard
Bearer, or its depicting the simple scenery of nature ; it is al-
ways masterly v fbreibly calls our attention, and demands our
approbation. His Coast Scene, which consists of &boat bear-
ing down on the strand, a white horse, sonic fishermen with
their baskets, and some marine apparatus—front the clear-
ness and beauty of its effect, the Harmony of its co-
lour, and expisite feeling both of the thawing, aid the
tints of the horse, which are, equal to Wouverman's,
is au object of attraction. and has already-thee-1i selected by
the dimcerMug Amateurs, 3s a proof that in this line of
art we now rival in Mr. Cooper, and bid fair to support by
other Masters ilshe Arts of EtOttod against the justly es-
teemed productions of Wonvermans orVy he. There is our
Wing omission in this desirabl3 Picture of Mr. Coulter's
the hopressitin of the.horses feet on, the sand., from
that eiremustaucc, seems too e Veit and Silimoi ; the colour of
the sea along the horizon is, perhaps; a little too strong ; hitt
we are How trying to find a fault, and only dou'A. by so doing
whether we shall not fall into error.

7he Exile, No. • 26.—eirpid, No. 11 ;—Mr.. J. JAcKs,N.
his Head, Whether it is a portrait or a character coiu-
posed and then finished from life, replies to the name bestow-
ed (soon it. with fidelity, and, after !oohing at it for sonic time,
it recalled to our minds the words of Cuiiper, in biswkxau-
der Selkirjs—
" But sad recollection's at hand
" Which soon hurries me hack to despair."
There is much beauty and• softness in the tints and colour
about the temple and hair, which are also freely drawn, and
if we did not think the shadows somewhat blue, we should he
inclined to make comparisons with Masters whose works nosy
be highly valued, but who receive more homage than mere
colour'aud truth to nature with imposing effects, without
either refinement or sentiment, deieive. We have beard it
much praised by many, who admii e what is lle;iutiful in art,
of whatever age or couatry, but are happily her froos the
prejudice against what is English, which is too often attACII•
to the Amateur who strolls flout alive to alley, and-soils
himself by ransacking Bruisers Museums in search of Cureggio
and Claude, ueither of which we ever heard of being found iii
such places ; ingeed, we think it is a head Which must. ever he
admired, let .it be placed in whatever collection it may be.—
No. 11. Cupid—A full coloured rich little picture, in who b
the happy character. is half destro:ied by a red patch on the
cheer, which we heartily wish bad been any where else.
No. 15.—The Bud Trap.—Nl r.W. r. Collins's
repotation stands so high, that as soon as the eye catches his
name, au inclination immediately hollows to seek for the Work.
of an Artist, whose pictures ate always full of taste. We
therefore regret, that lie has not sent to the Gallery some
Picture- of more consequence than his Bird Catchers—of
which it is impossible to say more than that. the Children are
pretty, particularly the one .kneeling ; the sul.ject
and toe whole but little calculated to gratify a public, who
fully acknowledge Mr. collins's merit, and are eager to tes-
tify on every occasion their approbation of his works.
No. 14—.4th0l Highlanders Returned from Hawing the
Red De?r, mid No. 17—The Finished Study of the Reading-
7the Will—Mr. D. WlLKlE.—Whatever merit in Art may be
attached to Mr. Wilkie's Death of the Red Deer—we t hink it
a very uninteresting Picture, posoessing that truth of charac-
ter, which we had almost said Sir. Willsie cannot help pro-
ducing. But, when we meal the '' Dist raining for Rent," to
our minds, and all the interest it excited, and will ever com-
mand; we feel disappointed at seeing so uttinstructive,
trifling a production ut so great a man, and long to behold
again a Picture by Mr. Wilkie, of a suiiject, which will call
forth our strongest feelings, and raise again the cry of his
haw, which we do mot hear so loudly rung, as we remember.
To the Sketch ut the reading of a %Vitt, we call the atten-
tion (Attie Student; the picture we recollect, and take it for
granted that those who profess a love of art do too.
No. 23—Dead Gume—Mr. M. T. wAHD.—So beautifully
painted that we sincerely hope such power will, not be tlnown
away on such mechanical subjects.
Dutch Pairs on Yarmouth Brach.-No. 36—Yarmouth

Beach.—Nu. 95—Fishing !hats on the Banks of the fi'Grap--
Mr. G. Visctxr.—We artr truly glad to find that °NI r. Vincent
has taken leave of the careless style into which he was taltiog,
and think we may CI)St11 a hint reward and reputation, if he
pursues the path which he has now entered. It would be ith-
possible to elite r Mt. a minute description of the tunner:ius par-
ticulars of which his picture is composed, and we shall, there
fore, in gruel al terms say, that it will afford amusement to
any one-who will look into the different characters assembled
on the brash—that bustle, gaiety, pervade the scene, that the
Schuyts and Boats are correctly represented. 'fur aerial
perspective is eleven ly managed,: and the gradations of the
figures and numerous objects attended to—the sky and gene-
ral hartnony pleasing, Yet we have seen plot ureS of Mr. Vi-
ncent's which we prefer.—Yarmouth Brach, No. )5. The Shore,
the figures slat boats are well painted, and the sky by far the
best we ever remember of the Artist's—it: the ,ea was not
hard, carelessly and heavily touched, with an appearance of
manner about it, there would he nothing in this picture which
would nut wake it a very desirable acquisition.—A Fish-
ing Boat on the .11attLis of the Kurth, scents to have

Deane's laudable imitation;
Meleager' and dtolanta, or the Dr4trudion of the Ca lydenian
Bow', tin. I',S—Mr.R.T.IioNE.---Thestvivofthis rid n r is so
evidently an intended imitation of the Venetian school, that
We shall ci,n.ider it is a composition of Mr.Bolle's painted upon
the principle of some celebrated !giant e of that school, the
study of which we hope will he shrwit to have been useful to
him in hit future works; the story is well told., and the effect
at the distance of a few fret by no means unpleasing, and not
wanting in power.—The episode of Ilia dog watching over his
wounded master; is well introduced, and the back ground very.
much in the style of those masters with whom Mr. Pone stemo
well acquainted; the shadows are rather black —We con-
sider it as a favoin able include to an attempt of Mr. Bone's
its heroic Landscape, in. which he Will give the reins to.his
own talents. (rit'be continued.)

Count or AEDEttirhe Court proceeded
to the consideration of the Petition of Mr. -BEN-
JAMIN GIBBONS, against the return of Mr.-Wbi.
WoonwAnn, as a Common Councilman, for, the
Ward of Wa'brook, on, the ground of his ineli-.
gibility upon the words in the precept, and com-
ing within the meaning of an order of the, Court
of the 12t1r Dec.,-1676, requiring the Aldermen to
give notice to their N‘rardtpote, not to .elect any
person who had compounded with his creditors. Mr.
GIBBONS was heard at considerable length.in sup-
port of his Vetition,aud exarninedsundry witnesses
to prove its allegations. Mr. Bolland, attending on
the part of Mr.. Woodward addressed the Court,
cons-mding that they had not the power to pass
the Order iu ,question, nor to m..rrow the rights
of the Electors.—All parties then withdrew,
and the Court proceeded to consider the several
circumstances, and finally dismissed the Petition.
BETHEL AUXILIARY SOCI ET-v.—Yesterday
evening a most numerous and respectable Meet-
ing of the Bethel Union Society for promoting
Religion amongst Seamen,
.took place at the
Bethel • Chapel, Moorfields. - Captain. KEITH)
R. N. in the Chair. After prayers were read,
the Chairman stated the object of the' Society,
which he-said had been established in 1517. ; In

1818, another Institution of the same laudable
nature was established in the River_ Thames ;
and in 1819 both were united: since then, the
F•Jciety lias, extended to almost every part hi
England ; .and in Cork and Dublin, another ~Soc-
iety,•embracing the same object, has been' form.;
ed, as well as in Leith and the other principal
parts in Scotland. In France, Russia, and al-
most in every part- of the world, the Bethel flag
has been hoisted, and there was no doubt but in
a short time it would be- hoisted on every ship
which sails- on the Ocean. The object -, of the
Society is to imbibe the principles of Christianity,
not only to the sailors belonging to the Navy,
the Merchants' Service, but to all foreign sailors :
it precludes no persons of any religious denomi-.
nations whatsoever. The Secretary read the
Report, from which it appeared, that. upwards
of 901. had been expended during the last year.
Resolutions were then adopted, and a liberal sub-
scription collected 3 after which the Meeting

broke up.
GREAT DAY'S_ PLAY AT PIGEON SHOOTING.—
The first meeting- of the Midgham Club took
place in the Midgham Meadows on Monday,
when the silyer cup was shot for by the Mem-
bers. Subscription of 3 guineas each, half for-
feit, at 21 yards.from the trap, and the boundary
80 yards for the bird to fall in. The, cup was
won by Mr. Hodgson killing 18 birds. The se-
cond and third prizes, viz. five guineas for the se-
cond, and the stake7money.back for the third,
were. won by Messrs. Palmer and Street, the
former having killed 17 and the other 16
birds. There were 2(2 .Subscribers, 16 of whom

shot and the others paid their half forfeit. The,
least number of birds killed from the 21, was 12.
After, this match, another for 100 guineas aside,
at 11 birds, took place, Mr. Hodgson (winner of
the cup), and another of the club, Mr. Hether-
ington, .against Messrs: Armstrong and Farqu-
harson,. not of the club, and much money was
sported on the event. . Each man killed, his fifth
bird,• Mr. Hodgson missed his sixth, as did:also
one of his opponents,' Mr. Farquharson. Brisk
betting at 5 to 4, .and Mr. Armstrong .having
misseti his seventh bird, leaving the club men one
a head, 2to 1 was refused. Mr. Hodgson, how-.
_ever, missed his ninth, tenth, and eleventh birds,
and lost the match.hy•twc4 Mr. Hetherington
killed 10, Armstrong 9, Farquharson 9, and
Hodgson 11, which •shewed at once the uncer-
tainty of pigeon-shooting, as the latter is the best
shot.

power in the administration of the concerns of this
country ; it'is to abjure the doctrine of the Pope's
Supremacy ; of the Pope's being the Head of the,
State. Can then a Roman Catholic take this'
.oath? No. Then, if the Catholics are admitted.
into Parliament, and do not take this oath, every
vote they give must be influenced by the Pope.
The essence of-Popery is the extinction of every.
faith opposed to that of its own Church ; and,
however mankind in the present day may be en-

lightened, yet the spirit of the Roman Catbuliz
persuasion is just the same as it was centuries
ago ; let us reflect what would become after a
while, of their worthy friends the Heretics, the
Protestants, even those who obtained their ad-
mission to Legislative power, probably, the
Apostates. Is it to be believed, is it to be sup.
pose‘that our common people, genuine Protes-
tant Britons in heart, ,blessed with a free a►:d
independent generous spirit, will submit to the
be&uiling, lying, flattery of demagogues ; to
their contemptuous knavery and foul impositions ?
That Englishmen will ever suffer any foreign in-
fluence to interfere with the councils of their na-

on ? No, it cannot be, their pride, sense, and

honour will inflame their blood with indignation,
when.the dole attempted to be played upon them
is exposed ; for what object have the Catholics

in view in their admission into Parliament ? rat
present the Roman Catholics enjoy the full and
free exercise of their religion, the same protection
as other subjects, and nlight,*upon taking the ab-
juration oath, privileges, and immunities. THE.,
FACT is,that.their admission would lead to struggles
between the Protestants and Papists for supreme'
power in theEcclesiasticßl as well as the Civil State,
and in the end our Country would- be hurled into
a gulph of -blood and revolution ; •so that foreign
nations seeing our internal distracted state, might
invade our territories, separate contending par-
ties, and punish us in chains of foreign tyranny,
persecution and despotism. We have yet the
choice and power of preserving our Country and.
ourselves from such an agonizing and degraded a
situation ; therefore it will be well to revert to-
the- circumstances that led to the glorious Reve-
-1 lution in 1688. The history of that Revolution,

however, is not, among particular classes, as yet
understood, and I fear it is only known in
general by name, and under such title the dis-
affected rally ; so many years having elapsed since
it took place, many do not know the blessings
it conferred ; whilst others have grown apparently

- .
tired, indifferent, or insensible to the peace. which
it brought to mankind in general ; so that from
many causes not even has tradition handed down
its History among the lower classes, where it
important that it should be circulated.. It is,
therefore, my intention in a future communica-
tion, if you approve, to give a few pictures of
the enOrtaity of the perseCutions which the Pa-
pists inflicted when in power upon the Prote-
stants, previous to the Revolution in 1t S, and
upon all those who i❑ any way differed from
their views of religion.
Jan. 24, 1821.

AN IiONEST BRITON.

The suit of Sir J. CRAUFORD against the
Dukes de GRAMMONT and Gutent• was called
on at the Royal Court at Paris, on Thursday ;
but none of the parties being present, the cans
was struck off the roll of the Court. Sir 3. C UAL-
FORD, who has been, as already stated, expelled
from France, arrived at Calais on the 18th inst.,
escorted by a Police Officer and two Inspectors •of
the Police of Paris. He embarked at noon of
that day for Dover.
FlRE.—Yesterday morning, between four and
five o'clock, the watchman going his rounds, dis-
covered flames issuing from the cellar of the
house of Mr. Best, cheesemong( r, No. 118, High-
street; Whitechapel; he alarmed the inmates,
who were buried in sleep. The flames being ge-
neral below stairs, ladders were placed again, t
the first floor windOws,. at which all the famil
were taken into the street, with the exception of
Mrs. Best and a servant maid, Who got out at oue
of the attic windows, . and crawled on the tops
of the adjacent houses to that of 'Mr. Ottery, a
shoemaker, :which they entered by, means of
forcing down the. Sky-light. Several engines soon
arrived, and the, fire was kept from extvadiag any
further than 'the shop.

QUEEN'S COLLEGE, CAMBRIDGE.

In tAc MATTER of QUEEN'.Y, COLLEGE, CAMBRIDGE.

Judgment delivered by the LORD. CHANCELLOR,
in Lincoln's-Inn-Hail, Friday, Jan. 26, 1821.

THE LORD CHANCELLOR.—In the case of the
Queen's College, Cambridge, I would wish to
make a few observations, but I returned so
late' last night from the House of Lords that
I have not been able to give the subject the
consideration I could have wished. I am however
of opinion, that I cannot finally decide this case
without hearing the Attorney General, and I will
state the reasons why i am of that opinion ; there
are two petitions. _ _

(Mere his Lordship read both petitions, and
then proceeded in the manner following] :
The prayer, therefore, which is addressed to
his Majesty presupposes that if there is a vacancy
he has a right to appoint a president. The,
prayer of the petition
.presented by. Mr. Mandell,
and the other persons admitted assumes that Mr.:
Mandell is duly elected, but it goes on in the al-
ternr.tive Which I have already stated, and then,
goes on to pray that such directions may be given
as the nature of the case may demand. I know.
it there is a vacancy it is quite clear it is a ques-
tion, and it seems to me to be a question of some
importance; whether the right is in the College
or in the King. It is very true that if there be uo
vacancy he has no present interest in that ques--
tion, but here are two petitions respectively pray-
ing that whether there is or is not a vacancy,
that there is a vacancy as Mr. Godfrey is not
duly elected, and if Mr. Mandell is not duly
elected, and then praying the direction of
his Majesty "the visitor to interfere, and therefore
be has a direct interest in both questions.
That, therefore, is a direct interest, if his Ma-
jesty Pleases to avail'himself 'of it, and therefore
acting as I ought to do in this question, I cannot
decide without giving Ilis Majesty's Counsel an
opportunity of speaking upon those points, if his
Alajesty.pleases 'to interfere in the exercise of.
those judicial functions which are reposed in him.
Llefore.the question, therefore, can be decid-
ed, it appears to •me to he quite necessary to
hear the Attorney General in support of any in-
terest claimed on the.part of his Majesty, in or-
der that such arguments as 'he can urge may be
proposed to the consideration and judgment of
this Court.

That being the view I take of this case, I
think it right that I should make some observa-
tions with respect to the questions which will
arise, and on which further arguments may be
submitted to me ; and, in the exercise of their
duty, Counsel are not bound down by clear
terms, but parties will be at liberty to offer any
considerations • which may bear upon the case;
and, therefore, I will proceed shortly to make
some observations upon it, putting the first ques-
tion to be decided, Has there been a due Elec-
tion ? Is there a President of the College ? and
that divides itself into two propositions or ques-
tions. First, Is Mr. Godfrey duly elected? se-
condly, Is Mr. Mandell duly elected ?
The question which I have last mentioned, as-
it appears to me, must have necessarily prece-
dence of the other, because, if Mr. Mandell be
duly elected, Mr. Godfrey could not be. Mr.
'Mandell states the transactions on which he
founds his pretensions, and, first, he says, " I
was elected when the first scrutiny was deter-
mined, because Mr. Godfrey. was not able to vote
for himself, and, striking- out the name 'of .Mr.
Godfrey, the votes would not be equal, but I
should be duly elected ;" and, if he can make
out that proposition, which is first to he consi-
dered by the Crown, if his Majesty thinks fit.
Then the question is, Whether Mr. Mandell
is duly elected ? Now that stands upon very par-
ticular, grounds. It is said, first, he is duly
elected, because Mr. Godfrey ought not to be
considered as beihg a Fellow ; for, if he is a
Fellow, it does not appear to me that the first
Election can stand ; and it is put upon this :
By. the Statutes of the CollegT, the College is
to have a variety of Fellows for a variety
of counties, in liGnorein eel:Orem, and there
is not to . be more than one Fellow for the
county of Middlesex. Then Mr. Barnes was
elected, I think, in 1798, as Middlesex Fel-.
low, and continued as Middlesex Fellow down
to 1817, then Mr. Godfrey was elected Middle-
sex Fellow in 1803, and, if his election be good,
he continues such Middlesex Fellow. But whe-
ther the election was invalid is the question, and
they say it was; that is the way in- which they
put it, upon that view of the case the . several
questions arise.

- I am now keeping myself very much to Mr.
Mandell. It is stated, that Mr. Godfrey is not
to be considered as a Middlesex Fellow because
the Statutes permit only the existence. of one
Middlesex Fellow. It is contended on the other
side, that independent of all Statutes, he is a
Fellow de facto, and in so many years, that he
ought to be considered as a Fellow de jure upon
the ground of the presumption, that, notwith-
standing such was the language of the old Sta-
tutes, the present condition of the College doei
admit of two Middlesex Fellows, and, as I under-
stand the argutnent, it is put thus agree en-
tirely, that no usage which cannot have a legal
origin, can justify a breach of the Statute, on the
other hand, if the usage be made out to have due
metes and bounds. It is submitted, whether it
must not have such a legal origin as would in it-
self be justified by all the principles, which we
can apply to College Statutes, and if it can have
a legal origin, whether we are not now to pre-
slime it was, though we cannot see in itnctis, what
the origiu was.

Maw, with respect to that, it is contended,
that the Crown has a right to dispense with a
Statute, and I am afraid I should knock to atoms
this College, if I denied that proposition, be-
cause there are various instances in which the
Crown has exercised that right, all of them being
dispensations pro hac vice. But then, if the
Crown can give dispensations pro hoc vice;
whether it can when one Fellow is allowed per-
mit another Fellow to be elected in the County
named, is a question which will not arise only in
the present election, but in all future elections to

come, that is a pure question of Law, and I state
nothing upon► it as a question of Law, because it
may come to be further discussed, and if it
should not, I should be ready to give my opinion
on that questio,n ; but supposing in point of
Law, the Crown could not only dispense with
the statute pro hac vice, but for a perpetuity, then
the question is whether-upon aH rules of presump-
tion such dispensation ought not in this case to be
granted.—Upon that I do not mean to give any
opinion, farther than as I have stated, that -may
depend on matter of fact.
Supposing such a dispensation to belegal, and
supposing it to be tried by a jury whether such
dispensation had or had not been granted, -I
think I should be justified, sitting as a judge be-
fore a jury, to tell them there were strong
grounds for' presuming there had been such a
dispensation ; these grounds fortify us as far as
they ought to be considered as fortifying us;
and when we look to what has taken place.iu
the College, they never could have done this
with a due and faithful regard to the oaths which
the Fellows take if there had not been some such
origin for double election.

'lf the ease, as to the eligibility of Mr. God-
frey, can be disposed of, upon that ground, I
mean, with respect to his being a Fellow de jure,
then it will be necessary to take many other
points into consideration which may arise, some
of which are of great consequence to the in-
terests of the College ; and it will follow, to be
considered if a person has been elected into a
Fellowship, even where Statutes are such as these
are, if he has been elected into such a Fellow-
ship, the College having no statutable candidate
who had better pretensions, and he goes on exer-
cising that office of a fellow from the time of his
Election, whether they can satisfy the due con-
stitution of the academical appointment, and
whether such election must go for nothing, be-
cause if that had been the state of Mr. Godfrey,
and in that way of putting the case he would not
be a duly elected .candidate, then, whether in
the absence of a statutable candidate, if the
election takes place, and he is elected, you are
at any distant period at which you think proper
to take an objection that he is a fellow de facto ;
but while nut yet removed, and remains so, he shall
do no one act whatever, which a FcHow dejure may
do; or whether, on the other hand) there is ground
oa that distinction for saying that he may do
all acts which are not for his own benefit,
but he cannot vote. If we once get to the deci-
sion of the question of the eligibility of Mr.
Godfrey, and if that decision should be that he
is eligible, and if you hold he was eligible, then
there is an end of Mr. Mandell's claim—if, on the
other hand, you decide that he is not eligible,
then comes another question, whether the first
scrutiny is on the Election of Mr. Mandell
. I now come to the question of eligibility, but
first I wish to call the attention of Counsel, who
may have to speak to me again on this subject, to
what might be the consequence, or what may be
the consequence, with respect to those persons
whose situation in this College may be similar,
supposing I am to consider Mr. Godfrey as never
having been a Fellow at all, and whether it may
not become the duty of the Visitor then to trace
downwards from the year 1803 to the year 18720,
what has or has not been done, and whether what
has been done has any reference to any act of
Barnes, and how far that may affect the elections'
and sittiations of persons who have been subse-
quently brought into this College ; the extent of
that, if not a difficult question, is an extremely
serious question to consider; but supposing Mr.
Godfrey to be eligible, then I say upon the first
scrutiny we shall have to consider whether he
was not duly elected and admitted ; but if, on
the other hand, he was not eligible, there is an
end of all questions about admission, and about
the particular operation of the Statute of Charles,
and we have nothing then to determine, but whe-
ther Mr. Mandell was duly elected.
Now, with reference to that, see how they
come together.—ln the first place, there is no-
thing in Mr. Mandell's Petition which would
authorize me to say that he is duly elected, and
I proceed, I believe, to some of the allegations of
Mr. King's Petition, because neither petition dis-
closes to me the state of Mr.Mandell's qualification,
in matter of property ; and if Mr. King be right
in saying that Mr. Godfrey's title may be affected,
it would be incumbent on the visitor, before he
could declare Mr. Mandell elected, to see th t
he had the qualification which would constitute
his Election a good Election; that may now be the
unwelcome duty of a visitor, and when the facts on
the subject have come to his knowledge, and when
he is informed whether he had such qualification,
it may then become his further duty to see what
is the nature of the qualification, and to see how
long it has been enjoyed, because as to the ques-
tion of the vigenii libri, or the decem libri, I
imagine the visitor would have to look to that,
and to see how the qualification stood with re-
spect to the Fellowship and Master.
But beyond all that we are to recollect, that
in April. all the Fellows of the College being
present, Mr. Godfrey, who had been a Fellow
of the College de facto, took the oath according
to the statutes, that at that Election no intima-
tion whatever was given by any body that Mr.
Godfrey, upon that ground, was not eligible. It
is suggested in Mr. Mandell's Petition, and in
that of the other respectable Gentleman who
joined him, that the matter was not then fully
understood. Now that is a very important sug-
gestion with reference to the general declaration
of valid or invalid Election. It is a difficult
thing to suppose that this body of Gentlemen did
not know that there had been two Middlesex
Fellows from the year 1803 to the year 1817,
and that they did not •know that Mr. Godfrey
was one of them ; and it is more difficult to as-
sume they did not know it, because those who
have judicially to determine are apt to impute
to a man a knowledge which he ought to
have. This is certainly a knowledge which they
ought to have had ; but putting it in any way
that they had not that knowledge, as intimated
in the Petition, or that they had, this is ex-
tremely clear, that neither, in point of fact, was
there anyl objection, nor in point of possibility
almost, could there be that objection made to
Mr. Godfrey at the time of the Election. Now

there are many cases under the headof Election,
where the election of one man may be valid and
the election of another not good, which would
have been good if notice had been given at the
time of the disqualification of the other. In the
common case of an Election of a.alembetastifs Par-
!lament, two Gentlemen go t the. husti.pgs, one
has a qualification, and the o r has`not ; finding
sE
them there, they are both pposed to have
qualifications. If notice is given by the G-eu-
tleman who has a qualification, that the
other has no qualification, those who vote
after that notice throw away their votes ; but
in many cas-es if notice is not given, although
he who had the qualification would have the ma-
jority if the other votes were thrown away, it is
not a void Election because he had not a qualifi-
cation, and he did not know it ; because he ought
to know. Without saying more upon that, I
think it is extremely difficult to say they had not
this knowledge in this case. Then I must travel
forward, and see whether Godfrey, is not only
duly elected, but duly achnitted, and if duly ad-
mitted, whether there have been " before" or
" at" the time those statutable acts done, which
are required to continue validity to that which
at the instant was clone, 'and which, when done,
may be represented as 'valid. Now upon that,
supposing Mr. Mandell not to be elected, and
supposing Mr. Godfrey capable of being elected—
it seems to me there is no doubt that he was
elected—the Statutes upon that go on to say,
that as soon as it is seen upon whom the majo-
rity of five, the Senior and four others, have
voted, he is to pronounce that person elected,
and to admit him. There is no question upon
that, that I see : there is no doubt that pro-
nouncing the Election of a person is not an ad-
mission, that admission is something distinct from
Election ; and the question upon that is, what
constitutes admission ? Is it to be taken here.
that admission takes place the moment he takes
the oath and has the keys delivered to him ? No
book of law states that is an admission, and it
will be to be considered whether that is to be
taken as the admission or not ; and if that is to
be taken as the admission, then another question
arises, namely, a subscribing before the Vice-
Chancellor at such an hour as that in which be
did subscribe, namely, the next day, was a sub-
scribing within the meaning of the Statute of the
13th and 14th of Charles I. ? If not an admis-
siOu—and when I speak of admission, I do not
speak only of what is the meaning of "inittere,"
but whether the construction must not be " ha-
bere possessionem," if I may use those words,
for I must construe both—if that be not an ad-
mission, then another question would arise, whe-
ther the subsequent signing or subscribing is not
an admission which will clearly satisfy the Statute
of the 13th and 14th of Charles 11. and here
Mr. Montague will excuse me if I take the liber-
ty of saying- to him that with all the Academical
notions I can form of admissions in Colleges,
which I conceive belong to the line of argument
to be adopted in this particular case, I certainly
think the taking the oath of office is not the ad-
mission which is meant in all these cases, but there
is a form of admission, a pronunciation of ad-
mission which is the admission which is generally
meant by that word, and I mention that to Mr.
Montague, because it is not an ungrateful thing
to myself to see it in an old fellow, and I think
he did perfectly right, considering himself a Mi-
nisterial man, in making the admission which was
made.

If the admission is to be taken to be an ad-
mission complete on the Sunday, then comes a
very material question certainly, and that is what
is the meaning of the words of the Statute " at
or before." Now, " Before," certainly is not
" At," and " At" has been, cannot mean
" After"—" At" cannot mean " After," and it
cannot mean " Before ;" " At" must have a
meaning either of one of those kinds or not ; that
is, it must be simultaneous or contemporary, or in
a sense " After" and in point of [saw a thin;; may
be said to be done " At" a time when done " Af-
ter" according to the ordinary sense of the word
after. The Statute of Charles If. mlst be looked
to here, because with whatever indulgence a vi-
sitor might act if disposed so to do, with respect to
College Statutes, where custom enabled him, per-
haps he is bound to consider a great deal more
the Statutes of the Land, and this is a Sta-
tute of the Land ; but if a party can take
the oath, and can be well admitted, we are
to be told that notwithstanding the Statute, if he
did not take the oath, and subscribe before his
admission, but in a sense subscribed it after his
admission; let us see how that must be argued,
for I put it either way. Suppose this had been
an Election at which the Vice Chancellor had been
present, and it had been a Week-day instead
of a Sunday ; the fact I mean of the Senior Fellow
saying, "Magister admittit,&c." taking him up to
his seat could not be simultaneous with the
subscription, and you cannot say that is not in
the true sense " after," and yet it would be, in
the sense of the Act of Parliament, " at," unless
you say that the person admitted is to take care,
if he can, so to arrange as to sign " at," in the
strict sense of a simultaneous and contempora-
neous signature ; or shall be a person who signs
before, or else not be capable of being admitted.
Now that is a very strong construction to put
upon a Penal Statute. It would certainly do no
great harm in this case, but it might do a great
deal of harm to the intention of the Founder, be-
cause, though it is not probable, you will go
beyond the walls to find the maximum idenei;
yet if you did so, and told a man he could not
be elected at all unless he did so, you would
call upon him to do that which would be a most
difficult thing for him so to arrange as to do.—
Perhaps it is enough to say on a Penal Statute,
you would go as far as you could to give a fair
construction to the word 'C at," in saying it
meant a reasonable time after. In one sense of
the word, I make the subscription at—you can-
not
go farther than that which is a reasonable
construction, if you can go so far. I think it
would have been a very good thing if Mr. Man-
dell had gone to the Vice Chancellor, and asked
what he would have done if he had been asked
to admit the subscription on the Sunday, and I
think it not at all unlikely that he would admit
the subscription, but it does not follow in point

of law that, beat se he would admit that, there-
fore, it necessarily should be so on a Sunday ; at
least that is very much worth arguing, because it
involves this question,whether he was bound upon a
Sunday to admit the subscription. I suppose he
doeg.not keep the book himself ;. and if he was
not bouts another-Osstion aii„ses. nam'bly, wile-
tfieft- °dire Neililkailnd tn-7:t111,k4.111tt. IteT•tike wbuiii ..
~.
do it or not, or, in other words, whether a man is
bound, by law to make a demand on a Sunday,
which another, on whom That demand is made,
is not bound to comply . with on a Sunday ; and
whetherTif he does on 'Monday morning do that act
in the only way he can (putting it hypothetically
that he is not bound on the Sunday) does he not
then do it in the fair sense of a penal statute " at"
the time; this does appear tome to be a question
which surrounds nearly ,the whole of this case.
I am sorry to say a great many cases may arise
out of this question (if all these questions are
gone into) which I have- certainly no inclination
to start, and which it will be very difficult to
bury if we happen to hear of them.
With these short expositions it does appear to
me, that before this case is disposed of, if the
Crown thinks fit to submit to me any arguments
in support of its right to appoint, if the election is
void, I cannot decide before. I hear the Crown,
and with respect to the effect of a void election
and the Crown's right, if the Attorney General
will tell me any day, or what day will do for
him to argue It) I will give the whole of that day
to the subject,. because I think it is better not
to delay it.

Mr. HART—Does not your lordship tl►ink
there is one other point on the construction of
the wo►d 44 at." If you should be of opinion
that if the Vice Chancellor was not bound to ac-
cept the subscription on the Sunday because it
was Sunday, therefore that it was not incumbent
on Godfrey to tender his subscription, whether
according to the correct construction of the st►ttute,
the common statute law, he was not bound to sus-
pend his own admission on that day.
LORD CHANcELLon---that you see goes to
two points. That is fairly enough raised, and we
shall get to that point necessarily (and I am
obliged to you to for mentioning it) if it is de-
termined that what he did on the Sunday was an
admission, but that is a point which reqnires a
great deal of consideration.
Mr. HuuataSTY—My Lord, I wtote dorm` to
Cambridge, and the University felt it was their
duty to choose a Chancellor. I received a letter by
return of post which I have shown to counsel. I
I thOught it right to mention to the Fellows what
had fallen from the court, and I feel it my duty,
standing in the painful situation in which I have
stood,aud in which I still stand, and knowing much
more than I ought to suggest to your Lordship,
I would submit, whether it is not my duty, if you
think proper to hear me, to state the nature of
the foundation of the College, and the substan-
tial interest they have in this question.
Loran CILINCELLOR.—I shall be very glad to
hear any thing that can tend to throw a light on
the subject.
Mr. HUBB'EItiTY.—I am not prepared, nor did
I intend to trouble your Lordship now. I had
previously put in an affidavit, setting oat and con-
firming facts, with which I thought it necessary
to trouble your Lordship.
LORD CIIANCELLOR.---I can have no objection
to hear that which is relevant.

Mr. HunernsTy.—l did intend with good ad-
vice, with very good advice,•to present a petition
to your Lordship, praying you would assist us
from the peculiar circumstances of the case, but
it•was thought better that I should not.
Mr. HART.—I should submit, my Lord, poi
however painful a situation► this Gentleman may
be placed in, whatever be can say now can lime
no effect on the question between these parties.
It is dot for me to say that he is. not to bring be-
fore the Court whatever he thinks proper, but I
submit, it will have no effect on the question now
before the Court.

Mr. HunnEn3TY:—l had prepared an affidavit,
and had tendered myself without any interference
with the interests of any of the parties. The
affidavit, when prepared, was thought immaterial
in many parts, and I thought it better to submit
to the discretion of the parties, but now I tender
myself, I do not think I am interfering with what
has occurred. I am sure lam about to bring
before the Court some circums!ances which all
parties are connected with.
LORD Cn.txcELLoa.—But if they do not affect
the present Election, it does not appear to me,
that however proper it may be for me to hear
them, that it is proper for me to hear them with
reference to the present Election. If there is
any thing which it is agreed would lie proper for
me to take notice of I should feel grateful for it,
and any suggestion may be made to me in ano-
ther form.

Mr. IfouNE.-1 would suggest, my Lcrd, that
it had better be made when this College has a
proper Head to it.

LORD CHANCELLOR.—Mr. Attorney, when do
you think I can hear you.
_ _

Mr. ATTORNEY-G CRAL.—.I hope your Lord-
ship will give me as much time as you can, con-
sistently with the nature of the case.

LORD CIIANCELLOR.—We cannot possibly go
on with it this week.

Mr. ATTORNEY-GENERAL,—No, my Lord, I
must receive some instructions.

Loan CHANCELLOR.-Will you be ready by
the latter end of next week.

Mr. ATTORNEY-GENERAL:I should think so,
my Lord.
LORD CHANCELLOR.—Then let it stand for
this dayse'nnight._

Mr. should think some arrangement
may be made, by which the documents which
are most important may be put into a sort of
common custody, so that we may all have access
to them, and that becomes more important, with
reference to his Majesty's Attorney-General, be-
cause it is most requisite for him to see them. If
your Lordship would direct in whose custody
they might be it would save a good deal of ex-
pence.

Mr. SHADWELL.—On the part of Mr. Godfrey,
he is willing that they should be lodged in the
Chambers of the Solicitor for the Treasury, if it

meets your Lordship's pleasure, and the parties
can hand over copies of the affidavits..

Mr. MoNTAouEti—•M Lord, as there are so
ma.ny prsons coining up'for the purpose of hear-
ing this caw, it would be desirabie such a day
should be flied, as that it might peremiitorily
,be lteltil that dui ; thi.steryste'nnigtt is a:
1/4 t.:‘
LORD CIIANCELLOIL—I altered it to Saturday
for that reason.

Mr. MoNTAGuE.—Then) ,if there be any
chance

LORI) CHANCELLOR.—You had better take
Tuesday se'nuight.