The Sun.
London, England, 1821-03-26 00:00:00

College who hata existed,. that they in Violation of their oaths,
to take care to observe the Statutes, have permitted that to ob./
taro in the Colleges which it is now supposed to have obtained.
there Without lawful authority. Looking to the first class of
affidavits, and to the second class of affidavits, attempting to
account and explain why no objection was made to Doctor God-
frey voting at the time, many observations might be made
upon them, which I now abstain from doing, for I have come
to a conclusion, upon
,which I may be wrong, but it is that
which I tun :driven to from the &eta before me ; that Doctor
Godfrey, if he could not be considered for the purposes of this
election, LA having a right to vote de facto, I should be bonnet
to- infer, that he was a fellow de jure, andtherefore, thatlbe
election of Mr. Mandell, on tliis evidences fails.
' That introduces the questioniawhich I hope maybe decided
on Saturday; they are Many and vicious, and they are not such to
which any man can address himself with perfect confidence
that in the resulthe will be right—all he can undertake to say
- , is, that he will endeavour to be so—thus much I may say, if I
have erred, it is not for want of
.pains to come to a just conclu-
sion. The questions which arise are, firsta--Is Mr. Godfrey
qualified to' be elected Master of the College ? for if he had not
. a Ttalification to be eleated, it matters nothing. If all other
difficulties were put out of the case, that question refers its: if to
two considerations, namely, first, what is-the amount of the
qualification ? And, secondly, the nature of the thing of
which there must be that amount, and that sort of qualification
necessaryfor the election of a Master. The first question with
respect to qualification, appears to meth turn upon this, namely,
witu respect to the Statute mentioning the &rem libras as to
disqualification of the -Fellows ; that because there has been an
interpretation of the Statute raising the vim operating A dis-
qualification, I am to raise the sum which gives a qoalificatien
where there has been no such interpretation. One cannot help
observing here, if a 'Fellow bas that which once qualified him,
and he afterwards parts with it, that operates with respect to
him.as a disqualification; but although this is so With respect
to Fellows,- I am not able to find that if a President parts with
that which gave him the qualification it operates in the same,
way ; or, in other words, that there is any thing in the Statutes
which compels him to keep it.
The next thing is, as to the nature of the qualification : whe-
ther it ought to be a personal or real qualification ? I Tpon this,
as far as the affidavias go, there. is a
.great deal of different re-
' presentation. Sonic represeat, that it was always the under-
standing of the . College, that it must be a real qualification.--:
They represent that Dr. Milner, the late Master, was so eon-
viaced of this, that he kept a 'certain . property, a Lavin; T
think ; it was in his posse .31011 fen' the express purpose of hei»g
an eligible Candidate, under the notion that sucha qualifica-
tion was necessary; and thet is pretty good evidence, for when
a man is about to be elected ''resident of a College, it may lie
supposed that he would -get the best evidence of what . was a
necessary qualification. Others say, they have no such F lea of,
any such qualification being necessary. • lapon that, it will be my
bounden duty to give an opinion hereafter.
Then comes another question, • whether Cgs property, in the.
state in which Mr-Godfrey held it, was real or personal at the
time that he proposed hiMself to be a Candidate; which is much
the same as whether it is real or personal now ; and how far, in.
discussing that question, you are to look at the property, _as to
its actual nature at the moment, or as subject to all the equi-
table rules and doctrines which a Court of Equity would do.
Well, then, if we get over that difficulty, if a difficulty there be.
as to the qualification, the next thihg to be inquired into is, was
Mr. Godfre elected ? Upon that there is now doubt, if we ;;et
over the que'tion ofqualification.
The next question is, was Mr. Godfrey admitted, and when
was he ? They say, on the one hand, • that be 'was admitted
upon the Sunday, because he took the oath of office on the Sun-
day, anti because he took hold of the keys on the Sunday, and
the cheat on the Sunday, and because. he sat indignity in the
Chair in the hall. I do not. know whether in estimating the
increased ratio of allowances, they have also increased the ratio
of fines in the same proportion, for I see there is a Statute in
the Books, by which it is ordained, that when they dine toga-
ther, in the Hall, they are to talk nothing but in Latin, under a
fine of a penny—he took.posseasion likewise, they say, of the
Lodga.
Then the question is, whether the acts of the Sunday amount
to that which I may say form, and which these Statutes and
other instruments to which I have alluded, denominate an admis-
-sion, under the proper sense of the word admission, I have got 1
the length of fornung some idea on that subject, though I do i
nut mean to state it at present ; but I will go the lengthof say-
ing, that the more regular way of proceeding would have been
the postponing of the oath until the (lentleinan 'had been with
the Vice-Chancellor, and after he had taken the oath, then to

have been admitted • but that will net decide the matter.
But if it shall be lield that the admission means something
different to the taking or the oath, then ha construing the. Law,
which is a penal Law; namely, the 13th of Charles tie S.Torid,'
the case will be thus: whether he took the'oath lirsort tha .ad.

mission, or whether he took the oath ha the admission. avow,
if it iS to be put upon the point •of taithig the oath AT admis-
sion, that is, whether he was admitted by taking the lath, and
if he was admitted by taking the oath, whether he subscribA
the declaration at the thzie be took the oath, that will
turn. upon the question of Sunday, and, the acts then
done. liere,.likeww, I llave to express my obligation to the
Gentlemen of the University of Cambridge, who have stated
the practice of subscribing before the Vice-Chancellor on the
Sunday, and I understand there are perelns who represekit him
if he is not present himself; but if the ease is to be rut upon
that ground, I do not apprehend it is to be decided upon what
may he done but upon what is to be. done; not upon what is
permissiVe but. what is obligatory on both sides ; and it will still
remain a.question, that if an Election be on a Sunday, which is
not an act which the elected compels, whether he is bound im-
mediately after an election on a Sunday to go •to the Vice-
Chancellor and demand of him to subscribe the declaration of
eLction ; or whether the wordAT would not be sltisfied by going
the first moment on which he could compel the Vice-Chancellor
to do it as the Statute has both BLvoux and AT, which means im

mediately after, as construed in Law, or immediately before it.
If the El etion be on a Sunday, and he goes between ten and
eleven o'clock on the Monday, as in point of fact Doctor Clod-
fray did go, whether that would not be a subscription AT his ad-
mission, but that is a, view of the case which arises on the ne-
cessity of taking the oath at his admission.

Then arises another question, whether the taking of the oath
be the admission ? for if not, and there be a form necessary to
complete theadmission, then a farther question arises, as he,
did make, the declaration on the Monday, and did not go
through the form of admission till subsequently, whether in the
strictest sense he hart hot subscribed the declaration.before the
admission ? then the inquiry will be, if the admissionis recently
after the subscribing the declaration, as soon as it reasonably
ought_ o bo, and tlult will depend upon what he we about -.on
the Monday morning, in inquiring of Mr. Serjeant Lens and
other,. The inviry will he, whether there was that delay in the
actual admission which will vacate the Election ?—that is ano-
ther view of the question..
When you have decided whether hoctor Godfrey iv- duly
elected or not, and supposing the decision to be that he was not,
then arisr.a another question ; there being in that view of the
case a vacancy, how is that vacancy to be filled up, and that
depends entirely upon this, whether, according to the true in-
tent and meaning, not merely of these Statutes, but-of the Acts
of Parliament, whether the it;lection having become void, as if
the party were naturally dead, the right of nominating does not
go to the Crown, as reprisenting the hounder, or whether the
College has a right or not to go to a re-election by virtue of its
own Statutes.

I belieVe this view of the case surrounds every thing that has
arisen in the whole of the case. If I have Satisfied those who
have listened to tue, that I have taken -every view which is inr-
portanteto.a.right decision, it, will so frr relieve me that.l shall
know I have only these points to think of. Having decided
the point that Mr. Mandell cannot claim under this Election, I
consider that as being disposed of; the other points which [ have
stated, I have thrown out for the purpose of asking the Gen-
tlemen who are listening to me, Whether I have missed any
point which, in their opinion, isimportent in the consideration
of the case ; if not, to those points I will apply myself to- the
best of my power and judgment, and decide upon them on
Saturday.
Mr. 141011.. NE.—With tespeet to the circumstance adverted to
by your Lordship, of a letter having been sent, I am sure it is
quite unnecessary in me, as Counsel, solemnly to avow, that Mr.
Godfrey slid not know any thing of it.
Lord CHAN CELLott.—I mean to state, if I had thought that
Mr. Godfrey or Mr. Mandell, or any body else necessary to
have been named, had sent that letter, I slould- have said I
did think so. I never had the least notion or idea that it came
from any person of their respectability. • •
Mr. lionNE.—l.thought it right to mention it.

Mr. ll i i :nsrr.-If your7Lordsbip will allow me, I
would beg-to state, that the College would be extremely happy
to put the thing in a course of investigation, and to adopt
those proceedings which ought to be done under such cireum-

stances.

Lord Ciutirfcction.—l have before Blatzd *hat my pur-
pose was in adverting to this circumstance. In the course of
my judicial life I have had many such letters sent to me. I
dismiss them altogether, and I may give this assurance, that
they never affect my mind at all. I thought it might be use-
ful to let the public knOw that such a letter was
.111 r. IlunuEusTr.-.-I thank your Lordship, I am sure.
(Yo be continued.)

A considerable portion of the wall on the north side of St.
Switbin's Church, at Norwich, fell down in the night of Tues-
day last, in consequence of one of the large magsy pays having
given way ; had the aeeideht &curter! during 'Divine Service,
many persons must have been ' •