The Colleges of Oxford: Their History and Traditions: XXI Chapters Contributed by Members of the Colleges
History
The Colleges of Oxford: Their History and Traditions: XXI Chapters Contributed by Members of the Colleges
University of Oxford -- History
The regulations of Bishop Fuller were more fully established by a
statute made by the College with the Visitor’s approval in 1721,
when the day of election was fixed to the Friday in Easter week, and
the examination on the Thursday before. But new disputes had already
begun which led to unexpected but most important consequences. At the
Fellowship election in July 1721, Henry Edmunds, of Jesus, the hero of
the ensuing struggle, received the votes of nine Fellows against those
of three other Fellows and the Provost. The Provost rejected Edmunds
and admitted his own candidate. Edmunds appealed to the Visitor, who
upheld the Provost. On the Friday after Easter, 1723, Edmunds stood
again, and he and four other candidates were chosen by a majority of
the electors into the five vacant Fellowships. The Provost refused to
admit them, and was again upheld by the Visitor, who claimed that the
right of filling up the vacancies had devolved upon himself. Three
places he proceeded to fill up at once; as to the other two he seems
to have been in consultation with the Provost as to his choice, but
not to have made any nomination. At the election in the following
April 1724, two candidates received the votes of eight of the Fellows,
against the votes of the Provost and of one other Fellow only, Mr.
Joseph Bowles. The Provost as before refused to admit them. Edmunds now
brought his action in the Common Pleas on behalf of himself and his
four companions, claiming to have been legally elected. He took his
stand on the original Foundation Statutes of January 1326, and claimed
that the Crown and not the Bishop of Lincoln was the true and lawful
Visitor of the College. These statutes, as has been already mentioned,
were superseded within six months of their issue, and although in a
few rare instances, questions had been brought before the King or his
Chancellor, the Visitatorial authority of the Bishop had never before
been disputed, but had been repeatedly exercised and acquiesced in for
four hundred years. The case was tried at bar, before Chief Justice
Eyre, and the three puisne judges, and a special jury; and on the 14th
May, 1726, judgment was given in Edmunds’ favour. The authority of the
statutes of Jan. 1326 was established, and the Crown declared to be
the sole Visitor. Edmunds and his four co-plaintiffs, as also the two
candidates chosen in 1724, were admitted to their Fellowships in July
1726 by the Dean, the Provost refusing, on the ingenious plea that if
the Crown was Visitor, it was for the Crown and not for the Common
Pleas to decide on the validity of the election.
Public-domain text, read in full here on John Shaqi.
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