« הקודםהמשך »
an equality of individual skill and judge other precantions. Another of these states ment, it must be the number that should was where the substances in question were decide the weight of aggregate authority. found in contact with the soil, entirely or Having at the former hearing expressed a partially covered with water, salt or fresh; pretty strong inclination of my own judge and this was exemplified in the instance of ment, a very, uninformed one, updoubledly, old anchors, bolts, and chains, which were on the greater durability of iron, I may constantly being fished up from the bottom perhaps be thought to be unduly. in- of the ocean, where they had lain for fluenced by my owu prepossessions, when I unknown ayes. It was also a circumstance say that the opinions of Mr. Brande, who of notoriety, that there had lately been disfixes the proportions of darability of iron covered a belt and a gold chain, which had and wood as three to one, and Mr. Aiken been fished up from the bottoin of a lake, afand the two other persons who concur, ter having been thrown in there in the flight tind a readier way to the conviction of of the Queen of Scotland, about 250 years my own mind than those of their oppo. ago. Manufactured wood had been said nents. However that may be, the opinion to resist moisture in an eminent degree; of the court upon this matter, rests finally and a striking manifestation of this was with them, so far as this species of evidence allowed to be furnished by the Cowey can lead it,
stakes, yet remaining in the river Thames, " Another test, by no means improper and which are supposed to have supported to be noticed, has been suggested to me the bridge over which Cæsar passed his by a person of much various and accurate army; and the piers of Trajan's bridge information, founded on the basis, to which over the Danube were undoubtedly strikI have already adverted; of the results of ing proofs of the durability of wood under casual discovery of these substances in si- certain circumstances. As to the third tuations not unconnected with the present state of soil, where these substances, from subject. Both substances, wood and iron, having been subjected to certain alterations have been found in contact with, or in by the effect of damp and dryness, both deposit with the soil, where they have been decay, but at very different periods, that. lodged either accidentally, or in pursuance applied more immediately to the present of the ancient usages of the inhabitants of inquiry. the contry, and discovered afterwards at “ It is a fact falling within frequent ohvery distant periods of time, sometimes servation, that of the various weapons that separately, and sometimes in conjunction. are found buried in the tumuli or bárrows, Three different states of the soil may be or other places of ancient sepulture in this supposed, in which these connexions with island, the metallic heads of celts and it may bave taken place; one where the spears, and the blades of swords and dag. ground was perfectly dry, and remained so gers, are in a condition from which they during the whole period of the connexion. can easily be recovered to their ancient Both sabstances, in such a state, may be use, or to any other metallic use whatever; supposed entitled to a long and sonnd whilst the wood that formed their shafts, longevity; rust does not corrode the one, or handles, or connecting parts, not a parwhere moisture and air are excluded, nor ticle remains, but are all associated with: rottenness the other, if insects are pre
the soil in which they were buried. Nna: vented from committing depredations.
merous instance, authenticated in the most The cases of Egyptian mummies, com- satisfactory manner, occur in the volumes posed, as it is said, of the sycamore of the of the Archæologia. I owe a collection conntry, but ascertained to be of 2000 of them to the active kindness of the same years standing, are amongst the most sig- ingenious person. nal instances of the immortale lignum, a
“ An affidavit bronght in by the Pa.' character which Pliny appropriates to the tentee, and signed by three persons, relarch. Though it is not perhaps remem
cords an instance of an infant's coffin of bered tbat in the interesting account which iron plates, deposited in the church.yard is given of the disinterment of the body of of St. Giles, Cripplegate, and found covered King Charles I., at Windsor, it is ob- with rust, being of very short duration. I* served that the wooden coffin was fonnd cannot infer much from a single instance of to be very much decayed, though it had that kind, produced perhaps by the sivgii. been secured from external injury by a larity of sonie circumstances, either in the leaden coffin, carefully soldered;" and in- soil or preparation of the metal, not stated ternally from those gaseous vapours which in the affidavit; for if it were a fact not so . had been mentioned in the affidavits that singularly produced, the instances would be were filed in this case, as proceeding from ordinary and frequent. Besides that, the dead bodies, by cear-clothis, spiceries, and covering of rust would, as has been obes
served, operate in some degree to protect tance from the country environs of this the metal from a further hasty decom- city. Less appears to justify the demand position. Perhaps the common practice, of 211, in Islington parish, situated as it is which has been adverted to in argument, out of this town; where ground, though of having the ends of park palings and highly valgable, may be more obtaioable for posts sbod with iron, for the purpose of the necessary uses of the Parishioners. But preserving them in the ground, may be I cannot take upon myself to say, that deemed more than a sufficient counter- "there may not be reasons that protect all poise to such a solitary fact, at least as far these charges from the imputation of ex. as the common apprehension of men has travagance. any authority upon the subject.
“ Upon this particular charge at St. Ad“ It is upon these four species of evi. drew's, Holborn, an ingenious calculation dence, if I may so call them—my own im was proposed by Dr. Arnold, respecting pressions founded upon all personal obser the number of graves, of certain dimenvation being extremely limited and super sions, and of certain depths, the churchficial—upon what appears to be the com- yard was capable of receiving. If I took mon apprehension of men generally upon it accurately, it assumed as a basis, what I this matter-upon the preponderating opi. think is not to be admitted, that they were nion of men of science, and npon the to descend to a depth below the soil of results of discoveries in some degree, fifteen feet: as far as I could follow the though perhaps remote, connected with calculation, I did not discover otber fal. this subject, that I am called upon to act; lacies. Fallacy there must be, for it seems being the best, indeed the only evidencé quite incredible that parishes if they could that I can collect by any industry of my act conveniently upon such a calculation, own, or the more active industry of others. would incur the inconvenient expense, as I must add, that if succeeding experience they very frequently do, of purchasing new shall show that these premises have led to cemeteries. an erroneous conclusion, it will be for the “ An objection was taken to the applijustice of the parties themselves to cor- cation of the fee as stated in the table. rect it; and if they should decline to do I think that this is a matter into which the so, it will be for the remedial justice of present party has no right to look; if the this Court to reduce the matter to its pro. whole demand be a proper demand for the per standard.
longer occupancy of the ground, he has no “ The remaining question is, that of the right to quarrel with the uses to which the proper quantum of the increased taxation. parish immediately applies it, taking upon Upon that question I am satisfied by the themselves the burtlen of providing addigreat variety of circumstances under which tional grounds for interment when required, both parishes and their cemeteries exist, In the objection to the incumbent's prothere can be no general measure of quan. portion, it seems to be entirely forgotten tum that can be deemed universally applie that by the general law, it is the incumbent cable even in this town and its environs.' who has the freehold of the soil, although The size of their churchyards relative to originally provided by the parishı. By actheir population—the possibilities of en. quiescence, confirmed by usage, parishes largement if necessery - the facility of ob- in this town have acquired concurrent taining additional cemeteries—the means rights, into the validity of which, it is of purcbase within the possession of the quite nunecessary and improper for me to parish—many circumstances, some of which inquire; as no adverse claim is, or can be occur, and others escape present recollec- raised in the course of the present distion, render what may be said respecting cussion, in which the incombent and pathis particular Church rate, applicable to rishioners stand upou one agreed footing of others only with such amplifications and interest. abatements as the difference of circum “ The sum charged is not for an iron stances may require. I observe that there coffin, but generally for metallic coffins, are demands that rather startle at first and I thiuk without impropriety; because sight, and require some consideration to having a right to know the extent of the reconcile them to notions of propriety. St. patentee's powers, they find that under Dunstan's in the East, rates metallic cof this patent, he has just the same right to fips at 251. extra fee. I am however to offer coffios of tip, or any other metals or remember that it is a parish extremely mixtures of metals which human ingenuity populous, in the heart of a most busy part can devise, as coffins of iron. Those which of the metropolis, closely occupied by are called the precious metals, may very buildings, with the church-yard extremely well from their intrinsic value be deemed circumscribed, and that it is a great dise in their own nature, extreme and excluded
cases; but this Court cannot by conjecture withont adding, as I think most persons limit the possibilities of human art, and would do, a preponderance of it on the take upon itself to determine that by no other side. The inconvenience on one attainable extension of discovery or im- side is, that the patentee of a novel invenprovement, other metals and mixtures of tion must postpone his ampler harvest of metals may not be brought within the coni- profit, till it is ascertained by experiments pass of a very reduced expense. Within our made in places where no mischief can own times, other metallic bodies have been arise, whether it can be admitted in others, discovered, and other compositions of where it may disturb tbe fair use of a pubmetal invented. And it is the more rea- lic, an ancient, and a sacred possession. sonable in this case, to include such a sup
No Court could, I think, hesitate upon position, because, it is clear, from the uni the decision of such an alternative if proversality of the terms in which the paten posed. The attempt to force this novelty tee has sued out his own patent, that he has certainly produced much uneasiness, has included them himself in his own spe which ought to be treated with indulgence, culations of profit,
and has generated oppositions, which have “ It is well worthy of observation, that a right to be fairly disarmed, if they are to these coffins are by their construction out be disarmed at all. Let experience show, of the reach of all examination. The parish (and not many years' experience will be has no check, no means of internal search required to show what really exists,) that for probibited materials. They may be en the apprehensions entertained are without tirely varnished, or painted, or tipped, or foundation. If that can be shewn, it is to otherwise prepared, so as to increase their be hoped that the parishes themselves will duration, without betraying themselves by do their duty, and if they do not, the any considerable increase of weight, or any Courts must endeavour to do theirs. At other manifestation. The parish is to ac present the subject requires further probacept them upou the mere bona fide of the tion, before such a claim can be enforced; maker, guaranteed only by the general it is breaking ground for a new purpose presumption that more durable coffins in a soil not yet sufficiently explored, and would not answer his purpose for a gene. the Court must see and know much more, ral traffic. Even that would not exclude and more authentically, before it can departicular bargains with many individuals cree the present notions, and the existing who felt particular anxiety about their practice founded upon such notions, to be relations. It would not exclude more overtbrown, durable metals for his general traffic, if he “ The sum charged, or proposed to be could, by the improvements of art, be sup- charged, is ten pounds extra, and I observe plied with them at a marketable price. It what adds to the authority of the measure, appears rather too much to expect that that St. George's, Hanover-square, a parish the matter should be settled, upon an as peculiarly well governed, has agreed to sumption, that these coffins, liable to no adopt it. It is possible that if it had beinspection, should be always composed of longed to me to fix the measure in the first the materials which the affidavits describe instance, I might have rated it somewhat them to be. The parish has a right to lower. I observe that St. Saviour's, Southguard itself, in this way of increased ex wark, which states similar circumstances of pense, against the substitution of other necessity, arising from their population, metals, and the use of other disguises, even and the extent of their burial grounds, supposing that the simple coffin of iron was fixes it at 51. and St. George's, Middlesex, fairly entitled to be received upon the same 61. 98. 6d., stating likewise the saine nefooling as the coffin of oak.
cessities. However, I shall not disturb “ The state of this parish is likewise to what the parishi has done upon a deliberate be gravely considered. Situated in a most consideration of all local circumstances, crowded part of the town, with a deose some of which may have escaped me, until population, both of the living and the the result of more experience is seen. dead, both populations rapidly increasing. “ I hesitate more upon the expressed Here are four cemeteries full of bodies, condition, that the grave for the coffin packed as close as notions of decency and shall be fifteen feet deep; I doubt not a convenience will permit. Here is a crying little both upon the justice and the prademand for more sepulchral space, with dence of this. If the parish accepts what great difficulty of obtaining it. Is snch a it considers as a fair compensation for the parish a fit subject for such an experiment? longer occupancy of the ground, it should for such it must be deemed, even by those rather seem that the coffin is entitled to who interpret the evidence most favour. be received into this same ground. The ably for the iron side of the question, and condition will occasion additional expense;
may produce occasional difficulties from fellow is to read out the votes, and proobstructions ; may lead to the irruption of nounce that person to be elected for water, and so affect other interments, and whom a majority of all the fellows of the what weighs not lightly, it will put this college, present and absent, shall have question of durability, too much into the voted. If no candidate have a majority hands of the other party. For these cof- of all the fellows, a fresh scrntiny takes fins buried at such a depth will remain out place. At the first scrutiny on this occaof sight and out of attention. The parish sion no candidate had a majority ; but Mr. will have no means of observing the decay; Mandell contends, that Mr. Godfrey, who but the persons who have an interest in the voted for himself was in reality not a felfuture reception of these coffins will be low, and that therefore his vote ought not provided with means of observation upon to count; and that in consequence Mr. the comparative durability; and if the Mandell had the required majority, and question should be revived, it will come on is to be considered as elected. It becomes their side with all the additional advantage necessary therefore in reference to this of the evidence to be produced by them- part of the case, to consider who are the selves. I wish this matter to be re-con real electors; and whether Mr. Godfrey sidered; when I understand that it has was properly a fellow or not depends undergone that re-consideration, I shall be upon that part of the Statutes which re. prepared to sign the table.”
lates to the several counties from which
fellows are to be chosen. It is provided, The Lord Chancellor's Decision that there shall be no more than one felrespecting the Mastership of
low at a time from each county of Eng. Queen's College, Cambridge.
land; except in some particular cases,
which do not apply to Mr. Godfrey. And The Lord Chancellor said, This matter Mr. Godfrey being born in Middlesex was comes before me upon two petitions elected to his fellowship at a time when against the election of Mr. Godfrey, one there was already onc fellow from that from the Rev. W. Mandell, which states county in the college. But the president, lie ought to be considered as Master, the and the majority of fellows are authorised other from Mr. King, which prays that by the Statutes to interpret any thing that the mastership may be declared vacant, may be ambiguous in the language of these and that the fellows may be directed to statutes; and they have used this power proceed to a new election, or if the office of interpretation from very early times in shall bave lapsed to the King as visitor, a manner which is not sanctioned by the then that his Majesty may nominate to the statutes : but in a question which arises
centuries after such an interpretation has A clause in the College Statutes re been made, it is a very dangerous thing to quires that the former shonld be a person, say that no force shall be given to it, qui expendere poterit annuatim ad minus though at first it might have been reasonviginti libras. There were four candi- ably questioned. I must own that I find dates for the situation, Mr. Farish, Mr. no authority in the statutes, nor any writBarnes, Mr. Godfrey, and Mr. Mandell. ten instrument or document purporting to The qualification of Mr. Barnes was ex change the ordinance of the statute, apont plained at the time. Mr. Mandell's may the force of which I can say that there be collected from the affidavits. Mr. Fa- ought to be more than one fellow for Midrish had a paper in his pocket, which dlesex. But it appears that for two cenwould have shewn what his was, and Mr. turies at least there have been two fellows Godfrey did not shew what his was. It for Middlesex; and that there is a form has been contended that the qualification known to the college of praying for a dismust be a real estate, and that the words pensation for a third Middlesex fellow. It viginti libras are to be understood to
appears to me therefore, that although mean twelve times viginti libras. If this usage cannot justify the violation of a be the true construction, no one of the statute, yet long usage must, if possible, candidates was qualified. It has also been be referred to a lawful origin. And as the contended that the qualification should Crown can dispense with the statute have been explained at the time of elec which prohibits there being more than tion; but this, though highly useful, I do one Middlesex fellow, the Crown could not think absolutely necessary.
also by a general dispensatiou sanction The statutes next state the ceremo the custom that there shall always be two nies which take place at the election of Middlesex fellows. The usage therefore a president. Each fellow is to write having obtained for the greater part of down for whom he votes, and the senior two centuries, during which every presi-,
dent, and every fellow bas most solemnly castom of almost every college in both sworu to observe the statutes, it appears universities to consider personal property to me more probable that such a dispen- no disqualification for a fellowship; and it sation should tave issued, than that all the would seem, that if real property alone presidents and fellows for such a long can disqualify for a fellowship, that like period of time should have forgotten or real property alone can qualify for a masdisregarded the obligation of their oaths; tership. Accordingly, there is evidence and permitted that to obtain in the col. that it has always been understood in the lege, which is now supposed to have ob- college, that the qualification and disqaatained there without lawful authority. I lification must be of a real nature. But am of opinion therefore that Mr. Godfrey in this case it is not necessary to determust be considered as lawfully a fellow, mine the question; and it would be a and consequently that Mr. Mandell was hazardous undertaking to pronounce geneDot elected on the first scrutiny.
rally what shall or shall not be considered I am now to consider whether Mr. God- a qualification, whien the case before us frey was duly elected; and if so, whether does not require it. For with respect to be continnes to be master of the college, the nature of Mr. Godfrey's estate, I or whether by the operation of any sta- think it must be taken to be a real estate. tote either of the college, or of the land, A real estate has been left to trustees to he is no longer to be considered master. be sold, and the produce to be divided It is contended, then, as I before ob- among a certain number of persons, of served, that Mr. Godfrey was not duly whom he is one. Now, according elected, because at the time of election to the modern doctrines of a court of be did not possess the necessary qualifica- equity, this would certainly be treated tiou: as the only qualification which in a suit as personal property. But in would suffice must in the first place par- the present instance one of the persons take of the nature of a real estate, and interested has accepted a particular porin the second place, it must exceed the tion of the estate, as his share ; and the original sum, the viginti libras mentioned remainder is held for the present in comin the statutes, is the same proportion that mon, by the others; and they have agreed the sum which is now held to be a disqua- not to sell it, unless a certain sum be tenlifieation, for a fellowship exceeds the sum dered, which very possibly never may be fixed by the statutes. Now, among vari. tendered, in which case, as I understand, ous interpretations which the master and the land is not to be sold, but is to remain fellows have put upon their statutes at as it is at present, and has beeu for years, successive times, we find it stated in 1809, in shape and substance a real property. that by reason of the increase of the value And as there is nothing in the statutes to of money, the disqualification of a fellow prevent the master from selling his qualishall not take place now, unless that fication the day after he is elected, though which is to disqualify amounts to 120l. a I suppose a master of a college would not year; whereby they intimate that the think of doing any such thing, I am of decem libras of Queen Elizabeth's time is opinion that Mr. Godfrey has a real qualithe 120l. a year of this time. And I do not fication. believe from all the information I can get The next question 'refers to what took from either University, that this determi- place subsequently to the election; for nation would be disapproved by any visi. that Mr. Godfrey had the required majotor. But no one of these interpretations rity is certain, and it only remains to of the statutes raises the sum which is to inquire, whether he has forfeited his office. form the qualification of the master; and The fellows being bound to elect within I therefore conclude, that whatever it may eight days, or upon the eighth day: and be fit to do ju order to keep up the pro- Sunday being the eighth day, the election portion that formerly existed between the was made on the Saturday preceding, master and fellows, I cannot apply that and Mr. Godfrey subscribed before the principle to destroy an election that has Vice Chancellor on the following Monday. been completed before any such interpre. After the scrutiny has taken place, the tation has been made, or any authority of statutes require the senior fellow electiothe college, or of the visitor, has inter nem pronuntiari, et personam sic electan posed.
admittere: and the question now to be The next question is of considerable decided will principally turn upon the importance to the Universities in general, meaning of this word admittere. That it whether Mr. Godfrey's qualification, if it meant something more than to elect is be a personal qualification is within the beyond all doubt ; and any person who meaning of the college statutes. It is the will look at what is to be found in the