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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. Name.
Appointment or Residence. Bowle, J.
Exeter College. Bree, H. S.
Trinity College, Cambridge. De Grey, F.
Worcester College. Dolben, T. D.
Appointment or Residence.
OXFORD. The great meeting of the University on this all-absorbing question ; and it is of the subject of a proposed statute, limiting importance to keep this fact in view for the powers to be exercised by the present the credit of either side, and for the cha. Regius Professor of Divinity, took place racter of the University at large. on Thursday May 5, at two o'clock; and The form of statute read by the Regislong before that hour Oxford was crowded trar, was as follows: with members of convocation, anxious to “Quum ab Universitate commissum fuerit record their sentiments upon this im- S. Theologiæ Professori Regio, ut unus sit portant question. It had been previously ex eorum numero, a quibus designantur arranged that the Convocation should be selecti Concionatores, secundum Tit. XVI. liolden in the Theatre, as well as that § 8, necnon ut ejus consilium adhibeatur, admission to that building should be si quis Concionator coram Vice-Cancellario strictly limited to those who had a right in quæstionem vocetur, secundum Tit. of suffrage. By this arrangement stran- XVI. § 11, quum vero qui nunc Professor gers, as well as the undergraduates mem- est, scriptis quibusdam suis publici juris bers of the University, were excluded, factis ita res theologicas tractaverit, ut in and some feelings of disappointment, to- hac parte nullam ejus fiduciam habeat gether with certain signs of impatience, Universitas ; were manifested, which at one time, it was “Statutum est, quod munerum prædictofeared, might lead to a breach of acade- rum expers sit S. Theologiæ Professor niical discipline; for a few windows were Regius, donec aliter Universitati placuerit. broken, and about a dozen of the younger Ne vero quid detrimenti capiat interea members forced their way into one of the Universitas, Professoris ejusdem vicibus staircases of the Theatre. The quick ab- fungantur alii; scilicet, in Concionatoribus pearance of the Procuratorial officers, and selectis designandis Senior inter Vice-Canthe remonstrances of the masters, had, cellarii Deputatos, vel eo absente, aut iphowever, an immediate effect, and the bu- sius Vice-Cancellarii locuin tenente, proxisiness of convocation experienced only a mus ex ordine Deputatus (proviso semper, momentary interruption. Every thing else quod sacros ordines susceperit,) et in conwas conducted with a decorum, we may silio de Concionibus habendo Prælector almost say with a solemnity, that was pe- Dominæ Margaretæ Comitissæ Riclimonculiarly striking; and the impression made diæ." upon ourselves was, that the great majo- After the promulgation of the Statate, vity of voters were performing, what to several Members of the University adthem appeared an imperative, although a dressed the Vice-Chancellor : of these the most unwelcome, public duty, whilst the opponents of the Statute were Dr. Twisleminority were intent upon bearing testi- ton of New College, the Warden of mony to the Professor's acknowledged ta- Merton (Dr. Marsham), Mr. Way, of lents, and most amiable private character. Glympton (of Christ Church), Mr. Philip It has been said, by a portion of the Lon- Duncan, of New College, and Mr. Rowdon Press, that the whole affair has been landson, lately a Michel Fellow of Queen's.
regarded, both by the proposers and the The supporters of the Statute were Mr. 1:' opponents of the statate, as political. This, Miller, of Worcester (the Bampton Lec35 however, is a decided mistake on the part turer of 1817), and Mr. Keble, of Oriel,
of our contemporaries; and only proves the present Professor of Poetry. At the that they are altogether ignorant of the conclusion of these speeches, the votes tone of feeling, and high sense of acade- were taken, and by a new arrangement, mical honour, that characterise this Uni- which was on Thursday tried for the first versity. The great body of the members time, and with complete success. The of convocation have not suffered either Masters of Aris ascended the steps of the party or politics to sway their opinions on great circle, and passing the Proctors'
VOL. XVIII. NO. VI.
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 majori Parii placet.” The numbers, which were not publicly declared, beingPlacet
474 Non Placet
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.
we thirk 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 Univer
sily 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 Statules 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 Siatutes.-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 furiber 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 wbich they were afterwards included, was compiled, and they are accordingly recognised in the Corpus slatu.
“ 1. Do the King's Leters Patent, autho
rising 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,
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 Elec-, tion, 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 aliered 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-Chancellorship 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 inore 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 parent) two years after the publication of the Statute, of which the prohibitory clausc 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 supervenient Act of the Crown, without the concurrence of the body.
“ 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.
"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 Siatutes 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? Ergo 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 Aq. gustale 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, feil. of All Souls' Cull.
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.
Edward Wells, Fellow of New 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 Coil. 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. Jolin 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. Markliam Mills, Christ Church. Henry Middleton, Wadham Coll. Robert Blakiston, Queen's Coll. Edward Barnett, Worcester Colla William Newton, Balliol Coll. Henry Crawley, Balliol 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 Lecsures 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 Prosessor, 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 recommendation 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.