ORDER IN COUNCIL

RESPECTING THE FURTHER ENDOWMENT OF THE UNIVERSITY OF DURHAM.

(From the London Gazette, Tuesday, June 8, 1841.)

At the Court at Buckingham Palace, the 4th day of June, 1841,

PRESENT,

The QUEEN'S Most Excellent Majesty in Council. WHEREAS the Ecclesiastical Commissioners for England have, in pursuance of an Act passed in the last Session of Parlia ment, intituled "An Act to carry into effect, with certain modifications, the Fourth Report of the Commissioners of Ec"clesiastical Duties and Revenues," duly prepared and laid before Her Majesty in Council a scheme, bearing date the eighteenth day of May, one thousand eight hundred and fortyone, in the words and figures following, that is to say:

"We, the Ecclesiastical Commissioners for England, in pursuance of an Act, passed in the Session of Parliament held in the third and fourth years of the reign of Her present Majesty, intituled "An act to carry into effect, with certain modifications, "the Fourth Report of the Commissioners of Ecclesiastical "Duties and Revenues," after due inquiry and consideration of an Act passed in the Session of Parliament held in the second and third years of the reign of His late Majesty King William the Fourth, intituled "An Act to enable the Dean and Chap"ter of Durham to appropriate part of the property of their "Church to the establishment of a University in connexion "therewith, for the advancement of learning," and of the engagements entered into by William, late Bishop of Durham and the Dean and Chapter of the Cathedral Church of Durham, have prepared and now humbly lay before your Majesty in Council, the following scheme for making certain arrangements with respect to the Deanery and Canonries in the said Cathedral Church and their revenues, with a view ́to maintaining the University of Durham in a state of respectability and efficiency: "We humbly recommend and propose as an endowment for the office of Warden of the said University of Durham that the said office shall, upon the first vacancy thereof, become and be permanently annexed to the Deanery of the said Cathedral

Church of Durham, and shall be held by the Dean of Durham for the time being; and, in pursuance of the provisions of the said first recited Act, which directs that due regard shall be had to the just claims of any existing officer of the said University, which provision (as it has been made to appear to us) now applies only to the Venerable Charles Thorp, Doctor in Divinity, the present Warden of the said University; we further recommend and propose, that the annual sum of five hundred pounds shall be paid to the said Charles Thorp so long as he shall remain such Warden:

"And we further recommend and propose, as an endowment for the Professorship of Divinity and Ecclesiastical History in the said University, that the Canonry in the said Cathedral Church, now held by the Reverend Henry Jenkyns, Master of Arts, the present Professor of Divinity and Ecclesiastical History in the said University, shall, upon the first vacancy thereof, become and be permanently annexed to the said Professorship, and that the endowments of the said Canonry shall henceforth be subject to such alterations as may be duly made for regulating the income thereof, in conformity with the provisions of the said first recited Act, or any other Act of Parliament:

"And we further recommend and propose, as an endowment for the Professorship of Greek and Classical Literature in the said University, that the eleventh Canonry in the said Cathedral Church, now vacant, shall become and be permanently annexed to the said last-mentioned Professorship, the endowments of the said Canonry being, nevertheless, subject to any such alterations as aforesaid for regulating the income thereof:

"And we further recommend and propose, that there shall be forthwith founded in the said University, in lieu of the present Professorship of Mathematics, a Professorship of Mathematics and Astronomy, to be held by the Reverend Temple Chevallier, Bachelor in Divinity, now Professor of Mathematics therein; and that as an endowment for such Professorship there shall be paid to the said Temple Chevallier, so long as he shall continue Professor of Mathematics and Astronomy, in lieu of the salary now received by him as Professor of Mathematics, and after him to each person who, for the time being, shall hold the same Professorship of Mathematics and Astronomy, the annual stipend or salary of seven hundred pounds; provided, that it shall be lawful for the said University, at any time after the present incumbency in the said Professorship, or during that incumbency, with the consent of the said Temple Chevallier, to divide the same into two separate Professorships, of Mathematics and Astronomy, and thereupon also to divide the stipend or salary hereby proposed to be granted, between the two Pro

fessors, in such proportions, as shall be deemed by the said University just and reasonable; and that the Observatory now belonging to the said University shall be, so long as the said Professorship remains undivided, under the superintendence and management of the Professor of Mathematics and Astronomy for the time being, and upon and after any such division as aforesaid under the superintendence and management of the Professor of Astronomy for the time being, subject always to all such statutes and regulations respecting the said Observatory as may, from time to time, be duly made and established by the said University :

"And we further recommend and propose, that every Professor or other officer of the said University shall perform the duties of his Professorship or office in person, unless he shall obtain from the Visitor of the said University a special licence of dispensation from the same, on the ground of illness or any other cause of disability, to be stated in such licence; which licence we recommend and propose that such Visitor shall be authorised and empowered on any such ground to grant; and that, in the case of any such licence being granted to a Professor, or other officer, the Warden and Senate of the said University shall be authorised and required to appoint a substitute for the performance of the duties of such Professor or officer, to whom shall be paid, so long as he shall actually perform such duties, such portion of the salary or stipend otherwise payable to such Professor or officer as shall be fixed by the said Warden and Senate; provided, that it shall be lawful for such Professor or officer to appeal to the Visitor against the amount of the sum to be so paid to his substitute, and that the Visitor's decision thereupon shall be final:

"And we further recommend and propose, that every Reader and Lecturer in the said University, who shall be in the receipt of any salary or emolument as such Reader or Lecturer, shall keep residence in the said University, unless he shall obtain a licence from the Visitor relieving him therefrom, for some special reason, to be stated in such licence; and which licence we recommend and propose that such Visitor shall be empowered to grant, for any reason which may appear to him to be sufficient:

"And we further recommend and propose, that immediately upon the annexation as aforesaid of the office of Warden of the said University to the said Deanery, there shall be founded in the said University a Professorship of Hebrew and the other Oriental languages; and that, as an endowment for the said last-mentioned Professorship, there shall be paid to the Professor the annual stipend or salary of five hundred pounds:

"And we further recommend and propose, that there shall be founded in the said University eighteen fellowships, in addition to the six fellowships already founded therein by acts of the said Dean and Chapter, dated, respectively, the twentieth day of November, one thousand eight hundred and thirty-nine, and the sixteenth day of May, one thousand eight hundred and forty, making twenty-four such fellowships in the whole; and that, of the said eighteen fellowships two shall be founded on the twentyninth day of September in the present year, and the same number of fellowships on the like day in every succeeding year, until the year one thousand eight hundred and forty-nine inclusive:

"And we further recommend and propose, that no person shall be deemed qualified to be elected to any of the said twentyfour fellowships in the said University until he shall have been admitted to the degree of Bachelor of Arts therein; and that every such fellow shall be elected according to the regulations now in force, or according to such other regulations as may hereafter be duly made by the said University for securing the election of the most meritorious candidate, regard being always had to moral character as well as to learning; and that it shall not be compulsory upon the Warden and Senate to fill up any vacant fellowship unless or until it shall appear to them that there is some person duly qualified in all respects to be elected thereto :

"And we further recommend and propose, that no person shall be admitted a candidate for election to any of the said twenty-four fellowships oftener than three times, nor at any other than consecutive elections of fellows:

"And we further recommend and propose, that, when the said number of twenty-four fellowships shall be complete, not more than eight of those fellows, who shall have attained the age of twenty-five years, shall be laymen; and that the said University shall establish regulations for carrying this provision

into effect:

"And we further recommend and propose, as an endowment for the said twenty-four fellowships, respectively, that there shall be paid to each of such fellows the annual sum of one hundred and twenty pounds :

"And we further recommend and propose, that (subject to the vacancy of fellowships by marriage or otherwise, as hereinafter provided) every such fellowship may be retained and held by the same person for the term of eight years from the time of his election thereto, and for the further term of two years by any person who shall be in holy orders at or within three years after the time of his election thereto, or who, if he shall have

been elected to such fellowship before the age of twenty-one years, shall be in holy orders on or before the day of his attaining the age of twenty-four years; and that a further annual sum of thirty pounds shall be paid to each of the senior clerical fel-. lows to the number of ten, who shall have entered into holy orders so as to entitle him to hold his fellowship for the term of ten years:

"And we further recommend and propose, that every such fellowship shall in future become absolutely vacant upon the marriage of the holder thereof, or at the expiration of one year from the time of the holder thereof being instituted, licenced, or in any way admitted to any cathedral preferment or to any benefice:

"And we further recommend and propose, that it shall be the duty of every such fellow to take a part in the public examinations, whenever required to do so by the Warden of the said University, and that such Warden shall have power and authority to call any of such fellows into residence whenever he shall deem it expedient so to do:

"And we further recommend and propose, that the Warden, Masters, and Scholars of the said University shall, by their treasurer or other officer duly appointed for such purpose, from time to time, pay the several stipends, salaries, and other sums hereinbefore mentioned to the several persons for the time being entitled to receive the same by quarterly payments, and that a due proportion shall be paid for every fractional part of any quarter, during which any such person shall hold his office, professorship, or fellowship, or shall officiate as such substitute as aforesaid:

"And towards providing the fund for making such payments, we further recommend and propose, that all the estate and interest now vested in us, under the provisions of the said first recited Act, in the lands, tenements, and hereditaments, formerly assigned to the Dean of the said Cathedral Church of Durham, and to the Canon of the eleventh Canonry founded in the same Cathedral Church (the tithes of the several rectories or parishes of Merrington, Billingham, and Bedlington, and of the township of Murton, only excepted), shall be transferred to, and shall be. come and be vested in, the Warden, Masters, and Scholars of the said University of Durham; and that when it shall be made to appear to us by the said Warden, Masters, and Scholars that, by reason of the foundation of the additional fellowships in successive years as aforesaid, the proceeds annually accruing to them from the said lands, tenements, and hereditaments, are insufficient for the defraying of all such stipends, salaries, and other payments, we may recommend and propose the granting