Mr. URBAN, Lichfield, March 5. **XX*OUR correfpondent A. B. p. 101, has requested to know, whether the decifion, faid lately to have taken place, be true, by which the founder's kin are deprived of the fellowships of All Souls College, Oxford. I am forry I cannot fufficiently fatisfy his enquiry. I have only heard that the archbishop of Canterbury has confirmed a decree, which his predeceffor Cornwallis had made, to limit the number of fellows to be elected in right of their relationship to the founder. Whether the vifitor can claim a difcretionary privilege to alter or amend the ftatutes of the college accord ing to his own pleasure, as I do not belong to that foundation, and have no access to the archives of that fociety, I cannot be fuppofed to know; and confequently must not prefume either to approve or cenfure his determination. But, from an authentic document in my poffeffion, relative to two decifions of archbishops Tillotson and Wake, I can only conclude, that the prefent vifitor appears to have exercifed a power which the two great characters above difdained to affume. The paper to which I allude has been tranfcribed for the entertainment of your academical readers *. I am yours, F. H.

This curious communication fhall appear in a future number. The two letters which follow this are for the present more immediately to the enquirer's purpofe. EDIT.

It is now, I believe, upwards of half a year fince I was prefent at Doctors Commons, when this caufe came on to be heard; I cannot therefore, at this distance of time, promife a very accurate statement: but, fhould my detail prove incorrect, it may perhaps be the means of ftimulating fome perfon, better informed, to give your correspondent a more perfpicuous and correct account.

From the argument of the learned advocate it appears, that archbishop Chicheley, anno 1438, obtained a grant from king Henry VI. for founding the college of All Souls, in Oxford, and by which he was alfo impowered to make ftatutes and ordinances for the regolas tion of his foundations: that by one of the ordinances (made in pursuance of the authority delegated to him by fuch grant) he directed, that, in all elections of perfons to the fellowships in All Souls College, regard should be first had to those who claimed to be of his kindred, fi qui tales fint, without limita tion as to time or number, or any other reftriction whatfoever: that he prefcribed an oath to be taken by all the members of his foundation; one of the articles of which was, that the perlon fo fworn “fhould abide by the ftatutes of Chicheley;" and he appointed the archbishop of Canterbury, for the time being, vifitor of his college, and inter preter of the statutes.

That the college, in conformity with the will of their founder, in all elections, had regard to the claim of kindred, as by the ftatutes they were enjoned; until, by long experience, they found that the claims of confanguinity, and the remoteness of the period from which the candidates had to trace their defcent, rendered their fituation peculiarly irk fome, informuch as it was extremely difficult to afcertain, with any degree of precifion, who was moft nearly related and beft qualified to fucceed; and that their elections were greatly hindered

the.cby

thereby. That, to obviate this difficulty, in the year 1776. they had recourse to their vifitor (archbishop Corn wallis), and reprefented to him the inconveniences they laboured under; at the fame time praying, that he would endeavour to apply a remedy.

That, in confequence of this application, the archbishop, as vifitor of the college and interpreter of the ftatutes, made a decree, that, thenceforth, the number of fellows to be admitted on claim of kindred, fhould be limited to twenty; and that, on any future vacancy, (twenty perfons related to the founder being at the time of fuch vacancy felJows of the faid college,) the college fhould proceed to the election, without paying any regard to the claim of confanguinity, and unthackled by any other

restraint.

2. That a vacancy afterwards happening at a time when twenty perfons of the founder's kindred were in poffeffion of fellowships in the college, a gentleman not related to archbishop Chicheley, and a gentleman claiming to be of his kindred, offered themselves candidates; and that the college, agreeably to the regulation made by archbishop Cornwallis's decree, elected the gentleman not related to the founder.

On this election, the validity of the decree was first called in quetion; and the chancellor of the university, whose province it was to decide between the parties, gave his opinion, that the archbithop, in making the decree, had exceeded his authority, and, that the confanguineous perfon ought to have been elected.

From this decifion the college appealed to their vifitor; and, on this appeal, the then attorney general (Macintosh), Dr. Lawrence, and fome other gentlemen, were engaged as advocates on behalf of the college, and the (then folicitor now) attorney general (fir John Scott), his brother Dr. Scott, and fome other gentlemen, were advocates for the relative of the founder; who feverally proceeded to adduce fuch arguments as they conceived belt adapted to the intereft of their refpe&tive clients; and, after his grace the archbishop of Canterbury, afted by the (then) chief baron Evie, the ficft committioner of the great feal, and Dr. Wynne, judge of the Court of delegates, had heard the arguments of countel on both fides, it was determined, that the archbishop's decree way valid; and it was accordingly.by.

this decifion fully ratified and confirmed.

The arguments made ufe of by the advocates for the founder's kindred went chiefly to fhew, that the college ought to be bound by the ftatutes of their founder; inafmuch as they were feverally fworn to abide by fuch ftatutes, &c. And thofe adduced on behalf of the college may be found in Judge Blackfone's "Tracts on Confangui nity," and in " Burn's Ecclefiaftical Law," title COLLEGES; wherein are detailed the arguments made ute of on a fimilar occafion, relative to Winchefter College, founded by William of Wykeham. I am, fir, your humble fervant, J. K... H,

compliance with the renewed requeft of A. B. refpecting the late caufe concerning the election of a fellow at All Souls college in Oxford, I here, with as much brevity and correctness as I can, tranfmit to you the state of that queftion, together with its determination.

The matter came on for hearing at Doctors Commons on July 24, 1792, before the archbishop of Canterbury, whofe afletfors on this occafion were the lord commiffioner Eyre, and Sir Wiliam Wynne, dean of the Arches. The cafe ftated was this. On Nov. 3, 1791, an election took place of three fellows of All Souls college; there were eleven candidates, four of whom were of founder's kin; the warden and fellows elected Edward Cooper, Edward Dawkins, and John Henry Newbolt, the two former of kin, the latter not fo..

Mr. J. Whalley Mafter, one of thofe gentlenen rejected, appealed to the archbishop, as “visitor and interpreter of the ftatutes," complaining of the election of J. H. Newbold as not being of kin; afferting his own kindred*, and alleging that the ftatures of Chichole, the founder of the college, exprefly directed that, in elections, the candidates of the blood and lineage of the founder fhould principally, and be fore all others, be preferred.

The warden and fellows contended that they had other laws befides the itatutes ut Chichele, of equal weight; for that the archbishops of Canterbury, as “co-founders," in purfuance of authority vefied in them by the charter of

* His kindred was not denied.

founda

foundation and by the frutes of their founder, had given injunctions and ordinances, which became part of the ge neral laws by which they were governe ed; that archbishop Cornwallis, by injunction, dated May 21, 1777, had ordained, that, fo long as they had ten fellows who had been admitted on their claim of founder's kin, they should not be bound to prefer fuch candidates as made that claim; that, notwitstanding this injunction, they had at the laft election (though they felt themselves under no legal neceflity of attending to the claim of any founder's kinfman). elected two out of four candidates who had prefented pedigrees of their lineage and confanguinity to the founder.

It was replied, on the part of Mr. Mafter, that the charter, or rather licenfe, of incorporation, did not, and indeed could not, give power to the vifitors to make ordinances repugnant to original statutes of the founder.

The following was the archbishop's fentence:

His Grace, having heard the advos cates, counfel, and proctors, on both fides; and having feen and confidered the injunction of archbishop Cornwallis; and finding, that, by the charter of incorporation of this college, power is given to the fucceffors of archbishop Chichele, to make ftatutes and ordinances for the government of this college; and conftruing this power to be a power to make statutes not repugnant to the ftatutes of archbishop Chichele, but fecundum ordinationum feriem, to in force, explain, and adapt, from time to time, the ftatutes of the faid archbishop Chichele to the circumfiances produced by a fluxion of time, materially affect ing the general fcope and meaning of the faid ftatutes, and his foundation in general, in order to reconcile as far as may be the whole of fuch ftatutes, and to preferve the general plan of his foundation, and the integral and. feparate parts of it, thereby to give ftability to the whole body of the faid ftatutes and the whole of the faid foundation; and, judging this injunction to be a good execution of the faid power, and that the fame is a prudent and neceffary provifion, in respect of the rapid increase of thofe of the blood of the founder having a direct tendency to exclude the order of scholars from the faid foundation, and, confequently, all probation of fellows in the faid college, contrary to the plain intent of the faid archbrhop Chi

chele; and therefore approving of, and ratifying, and confirming, the faid injunction, and the faid injunction, if vas lid, concluding against the present ap peal; by his interlocutory decree, having the force and effect of a definitive fen tence in writing, pronounced against the prefent appeal, made and interpofed ia this behalf by John Whalley Master, G. Bogg's party; and confirmed the election already made by the faid warden and fellows of the faid college, his the faid Stevens's parties; and difmiffed them from all farther obfervance of judgement in this behalf.

AN OCCASIONAL CORRESPONDENT.

THE inimitable excellence of Mifs

Seward's letter to Mifs Williams, on the favage and furious proceedings of the French revolutionilts, induces me to transmit to you the following ad mirable extracts. To the major part of your readers the fubject, however different, is no lefs intereftings and, though it has been agitated by writers whole taste and genius enable them to thed a peculiar luftre on every thing they undertake to elucidate, you will nevertheless agree with me, that there is no one who has delineated the por trait of that literary Coloffus, Dr. Johnfon, with fuch strength of colouring, or exhibited the leading features of his character in fo many varied points of view, as the elegant and accomplished Au horefs of Louifa. You will likewifebe equally truck with the oblervations contained in the replies of Mr. Hayley. Though they breathe not the fame des gree of fervor! of enthufiafm 1 of inIpiration! which characterize the pro ductions of Mifs S. they manifeft, in no inferior degree, a mind replete with critical acumen, ornamented and fet off with all the graces which a polished and well-regulated Imagination alone can give. Yours, &c.

Extracts from Letters that passed between

Mifs SEWARD and Mr. HAYLEY on Dr. JOHNSON, in the year 1782. 1. Mifs SEWARD 10 Mr. HAYLEY,

"YOU have feen Dr. Johnfon's Lives of the Poets; they have excited your generous indignation; a heart like Mr. Hayley's would fhrink back aftonished to perceive a mind, fo enriched with the powers of Gealus capable of fuch cool malignity. Yet the Gentleman's Magazine praised

thefe