Vice-Chancellor's Court, ...
LAW REPORT. MIr. HORNE said that the question in this case was, whether the power of advising the Company in the appointment of a school- master for the Tunbridge Free Grammar School, established by grant in the reign of Edward the Vlth, wns vested in AD Souls, or Lincoln College, Oxfrd. By the terms of the grant, the right was vested in the colege " Omnium seanctorum inniverifarte Oxonic." The master, to whom it had been referred to approve of a scheme for the establishment, reported that All Souls College was described as " Ornniu,n animarem ;" and Lincoln Colege zs "Beater Marie, omn'urn sanctoriim de Linzcolnict ;" neither, therefore, exactly answered to the description contained in the grant; the pre- sent petition was, consequently, filed. praying of the Court to de- clare that All Souls was the College intended. In support of the petition, Mr. Horne cited the opinion of Sir Wlrilliam Blackstone, in favour of All Souls; and read extracts from two old topogra- graphical works published in the 16th and 17th centuries, in which the right of that college to exercise the privilege in question was treated as a matter then well known and undisputed. It was proved, moreover, that the founder of the school was skin to the founder of All Souls: and that the brother of the forimer was at the time of the foundation of the school a member of All Souls, and his name marked in the registry admissi zi b *ok with an asterisk, signifying that he was related to the foundtr of the college. The learned gen- tleman, on these grounds, contended that the right in question was in All Souls. ilIr. PEMBERToT and Mr. GREOG appeared for All Souls and Lincoln colleges respectively. The VICE-CH[AN-CELLOR asked what the Attomey-General said to this petition ? ARr. HAT, for the Attorney-General, was ready to submit to whatever orJer his Honour was pleased to make, only obsenring, that as neither of these colleges had exercised this righi for the last two centuries, there did notseemtobeany need oftheir doingt%onow. The VICE-UHAN CELLOR observed, that the question then re- mained as to the repudiation of this right by the two colleges. 2Mr. IARmT said they' bad nut repudiated the right-they had merely not exercised it. HCedid not know of any objection to its being vested in All Souls. The VICE-CIIANTCELLOR would then decide, since it seemed to bc consen,ted to on all sides, that the right was inteutled by the grant to be vested in the College of All Souls; the costs, charges, and ex- penses of all parties to be paid out of the fund. VICE-CHANCELLOR'S COURT, VEpRnrvAYi&y M Arn 2 THE ATTORNE*YGEs'ERAL V. THE Rrr9,mI -