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APPOINTMENTS.

Appointment.

Priest Vicar of Exeter Cathedral.

Chaplaincy of the Hoxney Union Workhouse, Laxfield, Suffolk.
Chaplain to the Earl of Burlington.

Curacy of Bracewell, near Skipton, Yorkshire.

Episcopal Chapel of St. Paul's, Aberdeen.

Head Mastership of Hebworth Gram. School, Leicestershire.

Domestic Chaplain to Lord Abinger.

Sacrist of Lincoln Cathedral.

Priest Vicar of Lichfield Cathedral.

Assistant Curate of St. Mark's, Woodhouse, near Leeds.

Chaplain of Trinity College, Cambridge.

Chaplain of His Majesty's Ship Cornwallis.

Assistant Master of Harrow School.

One of His Majesty's Honourable Corps at Arms.
Chaplain to the Forces on the Madras Establishment.

OBITUARY.

On Wednesday last, May 25, at Downing College, Cambridge, aged sixty, William Frere, Esq. D.C.L., Master of that College. Dr. Frere was admitted to the degree of D.C.L. ad eundem in this University, June 7, 1834.

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The great meeting of the University on the subject of a proposed statute, limiting the powers to be exercised by the present Regius Professor of Divinity, took place on Thursday May 5, at two o'clock; and long before that hour Oxford was crowded with members of convocation, anxious to record their sentiments upon this important question. It had been previously arranged that the Convocation should be holden in the Theatre, as well as that admission to that building should be strictly limited to those who had a right of suffrage. By this arrangement strangers, as well as the undergraduates members of the University, were excluded, and some feelings of disappointment, together with certain signs of impatience, were manifested, which at one time, it was feared, might lead to a breach of academical discipline; for a few windows were broken, and about a dozen of the younger members forced their way into one of the staircases of the Theatre. The quick abpearance of the Procuratorial officers, and the remonstrances of the masters, had, however, an immediate effect, and the business of convocation experienced only a ⚫ momentary interruption. Every thing else was conducted with a decorum, we may almost say with a solemnity, that was peculiarly striking; and the impression made upon ourselves was, that the great majority of voters were performing, what to them appeared an imperative, although a most unwelcome, public duty, whilst the minority were intent upon bearing testimony to the Professor's acknowledged talents, and most amiable private character. It has been said, by a portion of the London Press, that the whole affair has been regarded, both by the proposers and the opponents of the statute, as political. This, however, is a decided mistake on the part of our contemporaries; and only proves that they are altogether ignorant of the tone of feeling, and high sense of academical honour, that characterise this University. The great body of the members of convocation have not suffered either party or politics to sway their opinions on

VOL. XVIII. NO. VI.

this all-absorbing question; and it is of importance to keep this fact in view for the credit of either side, and for the character of the University at large.

The form of statute read by the Registrar, was as follows:

"Quum ab Universitate commissum fuerit S. Theologiæ Professori Regio, ut unus sit ex eorum numero, a quibus designantur selecti Concionatores, secundum Tit. XVI. § 8, necnon ut ejus consilium adhibeatur, si quis Concionator coram Vice-Cancellario in quæstionem vocetur, secundum Tit. XVI. § 11, quum vero qui nunc Professor est, scriptis quibusdam suis publici juris factis ita res theologicas tractaverit, ut in hac parte nullam ejus fiduciam habeat Universitas ;

"Statutum est, quod munerum prædictorum expers sit S. Theologiæ Professor Regius, donec aliter Universitati placuerit. Ne vero quid detrimenti capiat interea Universitas, Professoris ejusdem vicibus fungantur alii; scilicet, in Concionatoribus selectis designandis Senior inter Vice-Cancellarii Deputatos, vel eo absente, aut ipsius Vice-Cancellarii locum tenente, proximus ex ordine Deputatus (proviso semper, quod sacros ordines susceperit,) et in consilio de Concionibus habendo Prælector Domina Margaretæ Comitissa Richmondiæ."

After the promulgation of the Statute, several Members of the University addressed the Vice-Chancellor of these the opponents of the Statute were Dr. Twisleton of New College, the Warden of Merton (Dr. Marsham), Mr. Way, of Glympton (of Christ Church), Mr. Philip Duncan, of New College, and Mr. Rowlandson, lately a Michel Fellow of Queen's. The supporters of the Statute were Mr. Miller, of Worcester. (the Bampton Lecturer of 1817), and Mr. Keble, of Oriel, the present Professor of Poetry. At the conclusion of these speeches, the votes were taken, and by a new arrangement, which was on Thursday tried for the first time, and with complete success. The Masters of Arts ascended the steps of the great circle, and passing the Proctors'

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chairs, gave their votes to one or the other of those officers, and instead of returning, and by so doing causing much impediment and confusion, proceeded onwards to a door immediately behind the Vice-Chancellor's chair, and thus were let out into the lobbies, and so returned into the body of the Theatre, or went away, at pleasure.

At about half-past four o'clock the scrutiny terminated, and the Senior Proctor made the usual announcement 66 majori Parti placet." The numbers, which were not publicly declared, being

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Majority for the Statute 380 We should be pleased to congratulate the University, now that this unhappy question is set at rest, upon a prospect of returning to its peaceful and more congenial studies, but we are told that an attempt is to be made to set aside the new statute, and the following Case and Replies are said to form the main groundwork of an appeal. We copy the Paper, which was very extensively distributed to the Members of Convocation in the Theatre:

"The University of Oxford is bringing an accusation against the Regius Professor of Divinity, and upon the face of that accusation there is not any statement of the alleged offence such as to put it in issue. He could not therefore defend himself: for there is not any thing for him to prove or disprove; and when the Statute is recorded there will not be upon the Record any statement which can warrant the University in supporting its own act. An appeal therefore must undoubtedly succeed.

"Again, the University is attempting what our Statutes forbid.

"The following opinions have been formally given by the Attorney-General and Dr. Lushington, and a copy of them sent to the Vice-Chancellor.

"1. Do the King's Leters Patent, authorising the adoption of the Caroline Code of Statutes, amount in Law to a Charter, and is the acceptance by the University of such a nature as to bind them to the strict observance of the whole Code?" "We are of opinion that the King's Letters Patent, authorizing the adoption of the Caroline Code of Statutes, are, in legal contemplation, a Charter, and that the University of Oxford accepted the same. There being nothing in those Statutes to show that the University should have an option to accept in part, and reject in part,

we think the whole body of Statutes was accepted, and consequently that they are binding on the University.”

"2. Can any usage subsequent to 1759 (the date of Mr. Morton's and Mr. Wilbraham's opinion,) if such usage exist, control the effect of the Statutes?" "We are of opinion that no usage subsequent to 1759, can control the effect of the Statutes."

"3. What power, if any, does the University possess of abrogating or altering the Caroline Statutes, or any other existing Statutes which may have passed prior thereto ?"

"We think that the University possesses such power of abrogating and altering the Statutes as is conferred by the Statutes themselves, and further, such power of making or altering Statutes as existed by usage prior to 1636, and is not inconsistent with or contrary to the Caroline Statutes." "4. Are you of opinion that the proposed Statute hereto annexed can be lawfully passed by the Convocation?"

"As a material part of the proposed Statute appears to us to be inconsistent with the Caroline Statutes, we are of opinion that it cannot legally be passed by the Convocation, without the consent of the Crown."

"The whole body of Statutes, to which the Royal Seal is affixed, are here comprised in the term of Caroline, as applied to the Code.

"To such an Assembly it cannot be necessary to dwell upon the Penalties that will attach upon the breach of our Statutes. Oxford has hitherto held obedience due to laws for conscience' sake.

"It is hoped that they who feel and see the un-English character of the Accusation, and the illegal nature of the Statute, will further consider the danger of the precedent. Convocation should not pass a Decree which, if appealed against, must be quashed for want of common justice, and common regard to the King's prerogative."

Upon the above document we would briefly remark, that neither the AttorneyGeneral, nor Dr. Lushington, nor the drawer up of the case, nor the anonymous annotator upon it, appear to know which are, and which are not, the CAROLINE STATUTES. They are, then, certain Statutes ordained by his Majesty King Charles the First many years before the great body of Statutes, in which they were afterwards included, was compiled, and they are accordingly recognised in the Corpus statu

torum as the Statuta regia auctoritate sancita vel confirmata. The first is Tit. vi. sect. 2, 4, on the appointment of the collectors, the original date of which is Aug. 26, 1631. The second is Tit. xiii. and relates to the Hebdomadal Meeting, which passed Dec. 15 in the same year, and the third (Corp. Stat. App. p. 56,) is the Procuratorial Cycle and form of Election, which was confirmed in 1628.

The annotator before alluded to supposes that the whole body of Statutes is comprised in the term Caroline, and therefore unalterable. If so, what becomes of the Tit. x. sec. 2. § 1, which expressly gives the power to Convocation to enact and to abrogate, to interpret and to regulate, the academical Laws and Statutes?

That the University has such power there can be no doubt, for she has exercised it for two centuries. In 1640 the Statutes of the Arabic Lecture, founded by Laud himself, were altered, and no license from the Crown sought for, or obtained. In 1662 a Statute which altered the conditions upon which a Master's Degree was then attainable, was remodelled, without leave or license from the Crown, and, which is worthy of observation, this was done during the second Vice-Chancellor ship of Dr. Baylie, who had been President of St. John's some years before the Statutes were compiled, and was made Vice-Chancellor within a month after the King's Confirmation, in 1636, and who surely would have duly estimated the value of the Royal permission, had such permission been then deemed necessary.

The opinions of Mr. Morton and Mr. Wilbraham on the power of Convocation to alter or enact Statutes, are already before the public, and are clearly in the affirmative. We will now, for the present, conclude with an extract from a document in the hand writing of Judge Blackstone, and it will be the more interesting at this moment as we do not remember ever to have seen it in print.

"If it be contended that the Royal Confirmation, 3d of June, 1636, made the whole body of Statutes from that time unalterable, let it be considered, that this Confirmation was superadded at the request of the Chancellor only (see the letters patent) two years after the publication of the Statute, of which the prohibitory clause is part; and therefore could never be referred to by the makers of that clause. And if successors cannot be precluded from their right of legislation, by any act or consent of their predecessors, nor by any other means, unless by the authority of Parliament (which every

lawyer will allow,) much less can they be precluded by the mere voluntary superve nient Act of the Crown, without the concurrence of the body.

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Again; if the whole body of Statutes became unalterable by such Confirmation of the Crown, the provisions for making new Statutes and explaining old ones (Tit. x. Sect. 2, § 2 and 3,) are totally nugatory and useless: they are made void at the same time, and by the same Charter, which professes to confirm them: and that Charter must be construed (contrary to all rules of interpretation) at once to establish the exception and to destroy the general rule. A pregnant argument that only those Statutes were intended to be sacred, which had then (in 1634) been regia authoritate sancita vel confirmata; not those to which a future sanction might afterwards be given.

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"That the University at that time considered the Statutes in this light, as revocable by future successions, will appear from the following extract of the letters of Convocation when they presented their Statutes to the King, 27 Sept. 1634;. wherein they express a hope, that in consequence of his royal patronage, their successors would be cautious in altering; but by no means suggest that they would not be impowered to alter. Hujus operæ, non huic tantum sed et futuris sæculis impensæ, non aliud apud posteros expectandum est præmium, quam ut ipsi vicem nobis rependant, et Corpus hoc Statutorum assidue interpolando tandem in novum plane Corpus transforment. Has siquidem leges haud aliud manet fatum, quam quo olim usas novimus Lycurgi Rhetras Axonasque Solonis; quas, nisi nomina ipsarum superessent, fuisse aliquando hodie quis sciret? Ego ut major hisce legibus apud posteros constet reverentia, utque clementius seu scalpro seu spongia deleteli in posterum petantur, in sinum sacrasissimæ Majestatis tuæ confugiunt, atque intra Augustale tuum recipi, id est sacrari, gestiunt. Pudebit scilicet posteros ab Archetypo morum et disciplinæ suæ penes te deposito longe recedere seu desciscere.""

DEGREES CONFERRED. BACHELOR AND DOCTOR IN DIVINITY, BY ACCUMULATION.

The Venerable Edw. Pope, Queen's Coll. Archdeacon of Jamaica, Grand Comp.

DOCTORS IN CIVIL LAW.

Hon. J. D. Bligh, Fell. of All Souls' Coll. Grand Comp.

Rev. Walter Posthumus Powell.

DOCTORS IN MEDICINE.

R. Bentley Todd, Pembroke Coll. William Duke, Magdalen Hall.

MASTERS OF ARTS.

Rev. T. G. Simcox, Wadham Coll. Gr.
Comp.

Rev. H. D. Phelps, Wadham Coll.
Rev. Bryan Faussett, Corpus Christi Coll.
Rev. J. Richard Coope, Christ Church.
John Burdon, Mich. Fell. of Queen's Coll.
Rev. Charles Walters, Merton Coll.
Rev. S. W. Yates, Balliol Coll. Gr. Comp.
William Jones, Balliol Coll.

Rev. J. Allan Smith, Queen's Coll.
Rev. Henry Carey, Worcester Coll.
Rev. C. Leslie, Christ Church, Gr. Comp.
Rev. Robert Williams, Christ Church.
Rev. Thomas Child, Queen's Coll.
Rev. H. Octavius Coxe, Worcester Coll.

BACHELORS OF ARTS.

Edward Harrison Woodall, Exeter Coll.
Grand Comp.

C. Ranken Hall, Christ Church, Gr. Com.
Hon. Charles Henry Cust, Christ Church.
W. Frederick Wingfield, Christ Church.
T. Warburton Dunston, Exeter Coll.
George Hawkins Clarke, Exeter Coll.
George Gipps, St. Mary Hall.

W. Whitehead, Scholar of Worcester Coll.
C. Bradley, Scholar of Worcester Coll.
Hon. Aug. Duncombe, Worcester Coll.
Kingsman Baskett Foster, Lincoln Coll.
E. H. Vaughan Colt, Queen's Coll.
John Sansom, Queen's Coll.
Joseph Wood, Queen's Coll.
Abiathar Hawkes, Wadham Coll.
Nathaniel Stainton, Wadham Coll.
William Holloway Webb, Magd. Hall.
William Meyler, Pembroke Coll.
John Darcey, Scholar of Brasennose Coll.
J. R. George Manby, Brasennose Coll.
T. H. Allen Poynder, Brasennose Coll.
Richard Downes, Trinity Coll.

T. Kearsey Thomas, St. John's Coll.
George Carter, St, John's Coll.
Edmund Wright, Oriel Coll.

John Andrew, St. John's Coll. Gr. Comp.
T. C. H. Leaver, Fell. of St. John's Coll.
John Brenchley, University Coll.
James Butler, All Souls' Coll.

J. Boucher, Exhibitioner of Lincoln Coll.
Herbert G. Adams, Christ Church.
Markham Mills, Christ Church.
Henry Middleton, Wadham Coll.
Robert Blakiston, Queen's Coll.
Edward Barnett, Worcester Coll.
William Newton, Balliol Coll.
Henry Crawley, Balliol Coll.

Edward Wells, Fellow of New Coll.
Andrew Nugee, Brasennose Coll.
William Thos. Preston, Brasennose Coll.
John Allen, Brasennose Coll.

Joseph James Maberly, Brasennose Coll.
Aaron Arrowsmith, Magdalen Hall.
James Browell, Exeter Coll.

Geo. E. Bruxner, Christ Church, Grand
Comp.

Richard H. Howard, Christ Church.
Newton F. B. Dickinson, Christ Church.
W. C. Beasley, Scholar of Lincoln Coll.
Joseph Arnould, Scholar of Wadham Coll.
E. Whitehead, Scholar of Wadham Coll.
Henry J. C. Smith, Wadham Coll.
Francis H. Deane, Wadham Coll.
Joseph Bowles, Magdalen Hall.
E. W. L. Davies, Scholar of Jesus Coll.
Henry H. Brown, Corpus Christi Coll.
J. Henry Butterworth, Exeter Coll.
John Tunnard, Exeter Coll.

E. J. Chaplin, Demy of Magdalen Coll.
Matthew Jefferys, Brasennose Coll.
S. H. Russell, Fellow of St. John's Coll.

At a meeting of the Electors to the Professorship of Moral Philosophy, founded by Dr. White, the Rev. William Sewell, M.A., Fellow and Sub-Rector of Exeter College, was unanimously chosen Professor on that Foundation, in the room of the Rev. Dr. Hampden, now Regius Professor of Divinity, resigned.

The Regius Professor of Divinity has given notice of a Course of Lectures to commence on Monday, the 6th of June. Students in Divinity, who have passed their examination for the Degree of B.A. are to call in person on the Professor, on the first day of Act Term. Students in Divinity, who have passed their examinations, are to call on the Professor on the 24th or 25th instant, with the certificate of examination, and with a written recom→ mendation from the head of their College or their Tutor.

The Margaret Professor of Divinity has announced his intention of reading the Epistles with a private class during the present and Act Term.

The Exercises sent in for the Prizes given by the Chancellor of the University, and under the will of Sir Roger Newdigate, are-For the Latin Essay, 2; English Essay, 18; Latin Verse, 24; English Verse, 39.

The Rev. Cooke Otway, M.A. of Trinity College, Dublin, has been admitted ad eundem of this University.

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