bribe; and every perfon by whom, or for whom, it is given or agreed to be paid, fhall be incapable of that place or room for that time or turn. And the ftatute is to be read at every elec

tion.

FOUNDERS KIN. Several founders have, in their ftatutes for the government of colleges, given a certain degree of preference, in the election of fcholars or others, to thofe of their own blood; concerning which there has been much difpute. It is contended on one fide, that by length of time, all relation of kindred must neceffarily wear out; on the other, that this cognation still subfifts, and may fubfift indefinitely.

In the cafe of Winchester College, and of New College in Oxford, both which were founded by William of Wykeham, an inconvenience arifing about two hundred years after the foundation, from the growing number of founders kinfmen, the college of Winchester rejected a claimant. The claimant's father thereupon applied (as the manner then was) to the court of chancery, and not to the visitor, for relief; and after a folemn hearing, 30 Jan. 22 Eliz. 1579, it was recommended by the Lord Keeper Bromley, and affented to on all fides, for the difficulty of judgment to be given, and it was fo decreed, that the plaintiff's iffue, for four defcents, fhould be admitted as if they were founder's kinfmen, and that he should renounce all further claim to the blood of the founder; which renunciation was made accordingly.

About ten years afterwards, the fathers of two other rejected candidates applied to the fame tribunal for fimilar relief. Whereupon the Lord Chancellor Hatton, "gravely confidering that the "publick benefit of the realm for the education of fcholars in "learning (chiefly intended by the founder) would greatly be "hindered, if every of the children of the faid complainants "(allowing them to be of the undoubted blood of the founder) "thould be admitted into the faid colleges, being many in "number, and in a fhort time likely to fpread and grow into "more generations, fufficient of themfelves to fill the number "of both colleges," referred the whole to Bishop Cooper, who then fat in the fee of Winchester, and, as fuch, was the visitor of both focieties. The bishop, having duly confidered the cafe, in order to fhew a grateful remembrance of fo worthy a work as the founding of two colleges, declares himfelf willing to pay a regard to fuch as even feem to be of the founder's blood," fo "that the fame tend not to the annoying, difturbance, or "prejudice, of the faid foundation; which the founder un"doubtedly meant to make for the publick benefit of the whole "realm, and not to be appropriated, and made peculiar to one "only kindred and family." He then ftates the vaft increase of claim ants,

elaimants, whereby, he obferves, " that if it be not in wisdom "foreseen, the number of fcholars in both colleges is like to be

nel.

fully fupplied by fuch reputed kinfmen, be they apt or not apt "to be brought up in learning; fo that the publick benefit in"tended by the founder would be fruftrated." He afterwards remarks (what is equally true of every other ancient college), that the revenues of the fociety had been much augmented by other benefactors, ftrangers to the founder's blood, who could never intend to confine their bounty within such a partial chan"In confideration whereof, and for avoiding fuch incon"veniences as might come, if one blood and kindred should "have both colleges in their poffeffion and regimen," he declares the founder's intention to have been, that the education of scholars should more largely extend than to his own kindred, and yet that fome convenient regard fhould be paid to thofe of his undoubted blood: and, therefore, the bifhop directs, that there shall not be at one time above the number of eighteen repated kinsmen in the two colleges, (which confift in the whole of 140 fcholars,) to wit, eight in New College, and ten in that of Winchester; and that not above two shall be admitted at any one election into either college.

At the distance of near fifty years, this matter was again reconfidered on a petition (as it feems) to the king in perion. For there is extant an order, dated the 31ft Jan. 1637, made by the archbishop of Canterbury, the earl of Arundel and Surrey, earl-marshal, and the bishop of Winchester, to whom it was referred by the king to confider of the claim of another Wykeham. This they determine to be groundless, founding their opinion on the decree of the 30th of January, 1579; and alfo on the great inconvenience that would follow, if the "founder's "confanguinity fhould be fo exceedingly multiplied, as it would be to the absolute restraint of the freedom of elections, if fuch claims were admitted."

In the year 1651, during Cromwell's ufurpation, the fame queftion was brought before the committee of the Houfe of Commons, for regulation of the two univerfities, and the colleges of Eton and Winchester, probably with a view to re-establish the unlimited preference of kindred; but all they could obtain was an order for augmenting the number of eighteen kinsmen, established by bishop Cooper, to twenty in both focieties; with a provifo, that if more than twenty had already crept in, no more fhould be admitted till the number was reduced to twenty. Nevertheless, at this day, it must be acknowledged, by whatfoever means it has happened, that though the annual reftriction of two in the faid colleges continues in ufe, yet the total restriction of eighteen or twenty has fallen into oblivion.

And

And as the limitation of number in the faid colleges has been attempted, fo in that of All Souls in the fame university, founded by Archbishop Chichele, it has been endeavoured to obtain a limitation in the degrees, for the reafons above expreffed; but in the cafes that have been determined by the feveral vifitors, no certain boundary has been yet eftablifhed; the fame having been adjudged on the particular circumftances of each cafe.

So that it seems ftill to remain a matter of great doubt. For, as on the one hand, it could never be the founder's intention to fill the college wholly with his own kindred; fo, on the other, as he himself has been filent in that refpect, it is difficult to fay at what precise period his particular regard for his own family and relations, however diftant, fhall entirely ceafe. A limitation in point of number feems to be most appofite, as was directed by Bifhop Cooper in the cafe of Wykeham's foundations, in fome kind of proportion to what may be supposed, or from the registers of the respective colleges may appear to have been in the founder's days, or within an age or two afterwards; for fo the founder's whole inftitution will take effect: that is, far the greater part of the fociety will confift of perfons elected out of the public at large, or otherwife, according to the restrictions of the respective foundations: and, at the fame time, a reasonable regard will be had to thofe who can prove themselves of the founder's kindred; although it must be owned, at this day, that the proportion is fcarcely fo much, as of one drop of blood to the whole mafs.

There is in human nature a defire of immortality, which expands itself without limitation even in this life. Every man wishes to live in his pofterity, and to tranfmit his inheritance to them at whatever diftance. And thofe pofterity, on the other hand, glory in deriving their pedigree through a long feries of ancestors, and the higher they can afcend, the more honourable it is esteemed.

SUBSCRIPTIONS AND OATHS. By the 13 and 14 Chas. II. c. 4. and the Will. fefs. 1. c. 8. all mafters, and other heads, fellows, chaplains, tutors, of or in any college, hall, house of learning, or hofpital, and every public profeflor and reader in either of the univerfities, and in every college elfewhere, who fhall be incumbent or have poffeffion of any mattership, headship, fellowship, profeffor's place, or reader's place, fhall, at or before his admiffion, fubfcribe the declaration or acknowledgment following, before the vice chancellor or his deputy: “I A. B. "do declare, that I will conform to the liturgy of the church of "England, as it is now by the law established;" upon pain of lofing and forfeiting his mastership, fellowship, or place, and being utterly difabled, and ipfo facto deprived of the fame, which

2

fhall

shall be void, as if fuch person were naturally dead. But by the 2 Geo. II. c. 31. perfons who had omitted to fubfcribe were indemnified, provided they fhould then fubfcribe before Dec 25, 1729. By the aforefaid ftatute of Chas. II. every governor or head of any of the faid colleges or halls fhall, within one month next after his election or collation and admiflion, openly and publickly in the church, chapel, or other publick place of the college or hall, and in the prefence of the fellows and fcholars, or the greater part of them, then refident, fubfcribe unto the thirty-nine articles of religion, mentioned in the statute of the 13 Eliz. c. 12. and to the book of common prayer, and declare his unfeigned affent and confent unto, and approbation of the faid articles, and of the fame book, and to the ufe of all the prayers, rites, and ceremonies, forms and orders, in the faid book prefcribed and contained, according to a prescribed form. And all fuch governors or heads of the faid colleges and halls, or any of them, as fhall be in holy orders, fhall, once at least in every quarter of the year, (not having a lawful impediment,) openly and publickly read the morning prayer and fervice, in and by the faid book appointed to be read, in the church, chapel, or other publick place of the fame college or hall, upon pain to lofe and be fufpended from all the benefits and profits belonging to their fituation, for the fpace of fix months, by the vifitor of the college or hall; and if any governor or head of any college or hall, fufpended for not fubfcribing unto the faid articles and book, or for not reading the morning prayer and fervice, as aforefaid, fhall not, at or before the end of fix months next after fuch fufpenfion, fubfcribe unto the faid articles and book, and declare his confent thereto, as aforefaid, then fuch government or headship fhall be ipfo facto void.

By 1 Geo. I. ft. 2. c. 13. all heads and members of col-. leges, being of the foundation, or having any exhibition, of eighteen years of age; and all perfons teaching pupils; and all perfons in general admitted to any office in any fuch college, ecclefiaftical or civil, fhall (within fix months after their admission, 9 G. II. c. 26.) take and fubfcribe the oaths of allegiance, fupremacy, and abjuration, in one of the courts at Weftminster, or at the general or quarter feffions of the peace, on pain of being difabled to fue or ufe any action; or to be guardian, exccutor, or administrator; or capable of any legacy or deed of gift; or to be in any office; or to vote at any election. for members of parliament; and to forfeit 500l. to him who fhall fue. And if any fuch head or member, being of the foundation, or having any exhibition, of eighteen years of age, fhall neglect or refufe to take and fubfcribe the fame, or to

produce

produce a certificate thercof under the hand of fome proper officer of the refpective court, and cause the fame to be entered within one month in the register of fuch college or hall; and if the perfons in whom the right of election fhall be, fhall neglect or refufe to elect another for the fpace of twelve months, the king fhall nominate to fuch place vacant; and if the perfon lawfully authorised to admit, fhall neglect or refufe to admit fuch perfon fo nominated by the king, for the space of ten days,. the local vifitor fhall admit him within one month; and if he fhall refufe, the king's bench may compel him by mandamus.

And if it is a civil office (not ecclefiaftical) they fhall, moreover, by the 25th Chas. II. c. 2. on the like penalty, within three months after their admiffion, receive the facrament in fome public church, on the Lord's day, immediately after divine fervice and fermon; and, in the court where they take the oaths, fhall first deliver a certificate of fuch their receiving, under the hands of the minifter and church warden; and fhall then make proof of the truth thereof by two witneffes; and fhall, alfo, when they take the faid oaths, make and fubfcribe the declaration against tranfubftantiation.

But there is an indemnifying claufe in fome act of parliament, every two or three years, provided they comply within a time therein limited.

By the ftatute 13 and 14 Chas. II. c. 4. already referred to, no form or order of common prayers, adminiftration of facraments, rites or ceremonies, fhall be openly used in any church, chapel, or other publick place of or in any college or hall in either of the univerfities, the colleges of Weftminster, Winchefter, or Eton, or any of them, other than what is prefcribed or appointed to be used in and by the book of common prayer:-Provided, that it fhall be lawful to ufe the morning and evening prayer, and all other prayers and fervice prescribed in and by the faid book, in the chapels or other publick places of the refpective colleges and halls in both the universities, in the colleges of Weftminster, Winchefter, and Eton, and in the convocations of the clergy of either province, in Latin (it is not faid of what tranflation).

And by the fame ftatute, at all times when any fermon or lecture is to be preached, the common prayers and fervice, in and by the book of common prayer appointed to be read for that time of the day, fhall be openly,, publickly, and folemnly read, by fome prieft or deacon, in the church, chapel, or place of publick worship, where the faid fermon or lecture is to be preached, before fuch fermon or lecture be preached; and that the lecturer there to preach fhall be prefent at the reading thereof-Provided, that this fhall not extend to the university churches, when any fermon or lecture is preached, as the pub