"It is not probable that the consent of several of the most important colleges could be obtained to any change in the Statutes. Some would think themselves precluded from aiding in bringing about changes which they would gladly see effected, because they had sworn not to alter or accept alterations. Considering that such persons live in habitual disregard of most of the Statutes which they have sworn to obey, it might be thought that they would gladly seek a remedy for the evil. But such inconsistencies are beyond

do, or forbear from doing, anything the swore that they would wear a gown closed doing or the not doing of which would in front from top to bottom; but when tend to any such concealment, resistance, they were going beyond the limits of the or non-concurrence." It left untouched University, they were allowed to have those idle and profane oaths by which such an opening at the posterior and anmembers on a college foundation bound terior of the gown as might be convenient themselves in general terms to obey the for riding. At Brasenose attendance at Statutes of their college. He was quite daily devotions was to be enforced by aware that in a subsequent clause the whipping. The heads of Corpus Christi fellows had the power of dealing with such swore that they would forbid any person oaths as they deemed fit. He thought belonging to the college, servants exthe Commissioners who originally reported cepted, to enter the house of any layman on the state of the University assigned a or laywoman in the University or its very sufficient reason for not leaving that suburbs. At Jesus College all the fellows power in the hands of the college autho- were to be present at daily prayers, ritiesunder penalty of fines and whipping. There could be but one opinion as to the odious profanity of swearing, under a solemn sanction, such oaths as these. But that was not all, for oaths were also taken to perform acts which were absolutely illegal. At Queen's College an oath was taken that mass should be performed for the souls of King Edward and Queen Philippa. At New College they swore to hear mass every day, in the course of which they were to repeat the angelic salutation fifty times. All Souls was not founded entirely for the general purposes of study, but there the fellows bound themselves to pray for the soul of Henry V., of glorious memory; also of Thomas, Duke of Clarence, and other Lords, lieges of the realm of England. The only excuse for the maintenance of those forms was, it was said, that the general purport of the oaths was to observe the Statutes, and it was perfectly competent for the college authorities to reduce them,-in plain English common sense, to expunge their illegalities, and yet continue the oath. But any one who was acquainted with the awfully minute and stringent forms with which the oaths were taken year by year and month by month on the admission of candidates to Oxford, must admit it was high time to abrogate them. He would trouble the House with an instance or two, and he must confess he did so with delicacy on account of the solemn form of the words. At New College, William of Wykeham bound the fellows to observe all the Statutes and things contained therein according to the plain letter and grammatical sense. He merely mentioned that on account of its particularity. At Lincoln College the words were

the reach of arguments. It is probable, however,
that many who would not promote a reform
actively would willingly conform to the law, as
they conform to the law which has set aside the
religious purposes for which their college was
founded; and we believe that the great majority,
however averse to the interposition of the Legis-
lature, would honestly obey its enactments."

That disposed of the argument that it
should be left optional to the college
authorities to dispose of those oaths if
they pleased. There were two things
that were plain-first, the solemn sanction
of an oath should not be invoked to bind
the juror to idle customs; and secondly,
oaths were still more objectionable which
bound the juror to absolutely illegal prac-
tices. He would show that these oaths
were open to both those objections. What
was the character of the ordinances which
the fellows of colleges swore to observe?
The Statutes of the college to which he
belonged bound the scholars to have a
reader at meals, to observe silence, and to
attend to what was read. The provost
and fellows of Queen's College were to sit
together all at one table, to be convened
by sound of trumpet by the porter, who
was to be their barber, and to wash the
fellows' heads. At New College all the
fellows were to have a uniform, which
they were not at liberty to pawn or to sell
for five years.
At All Souls the porter,
was to shave the wardens and the fellows.
At New College the fellows and wardens

"I swear by the Holy Gospel of God, in the presence of the vicar, &c., as far as I can I will inviolably observe the Statutes of the college as

far as they concern me so long as I am a fellow | to allow this clause, which he thoroughly of the college."

approved as far as it went, to pass, and then to introduce his own separate clause. If that clause was carried, the proper course for the Government to pursue would be to be a simple course to pursue; by adopting drop this clause altogether. That would it the hon. Member would be entirely unprejudiced, and would not be in the anomalous position of voting against a clause which he approved. It was true he might now succeed by combining with others to defeat this clause, but it might so happen that by a different combination his own clause might be rejected, and thus the present extreme and objectionable oaths would be left entirely untouched. With this view, if he would withdraw his Amendment, he (the Chancellor of the Exchequer) had no objection to give a distinct pledge that if the House expressed a general opinion in favour of the clause intended to be proposed by the hon. Member they would drop their clause.

It could not be denied that the observances they swore to in such an awful and even horrifying form were most ridiculous, and he quoted the opinion of Dr. Peacock and Dr. Tyler, who stated that there was not one of these oaths that could not be dispensed with. The Commission of Inquiry into Dublin University, consisting of the Archbishop of Dublin, Lord Ross, the Bishop of Cork, and Lord Chancellor Brady, unanimously recommended that these promissory oaths should be abolished or greatly reduced in number; the Commissioners of Cambridge University came to the same conclusion; and on that point he had double testimony, for those Com- MR. BLACKETT said, it was a matter missioners adopted the recommendation of of regret the Chancellor of the Exchequer the Syndicate of the University. Even had not saved the House the trouble of the Durham University, which was found-hearing his (Mr. Blackett's) statement on ed on strict Church of England principles, the Amendment; but as he did not wish and on the model of the University of Ox- to weary them by a repetition of the same ford, shrank from the perpetration of such objection in introducing a separate clause, oaths, only requiring a general declaration he should, unless the House expressed a of obedience to the authority of the col- very decided opinion in favour of a different lege. He could also quote the high au- course, persist in the Amendment. thority of the opinions pronounced last evening by the noble Lord (Lord John Russell) and the right hon. Gentleman the Chancellor of the Exchequer himself. | He thought, therefore, it was his duty, without objecting to the limitations proposed in this clause, to move its entire omission, with a view of substituting another to provide for the entire abrogation of the oaths in question.

LORD JOHN RUSSELL did not think any time would be lost in hearing the Motion for the introduction of a separate clause on the subject; but, if it were introduced now, it would lead to considerable discussion, and many Members might wish to state their reasons for or against it. He doubted whether the present would be a convenient time for raising such a discussion.

THE CHANCELLOR OF THE EXCHE- MR. ROUNDELL PALMER begged to QUER submitted that the course pursued say one or two words in vindication of the by the hon. Gentleman was inconvenient, gentlemen who had for many years taken and not adapted to promote the unpreju- these oaths as they had been administered diced discussion of the important question in the colleges of the University. They he had raised. He would not go the length had taken them upon a more sound and of saying it would be wise and prudent to due construction of their meaning and leprohibit the administration of all promis- gal purport than that which was implied, sory oaths in the University of Oxford, and or seemed to be implied, in the speech of he thought not only himself and the noble the hon. Gentleman. The person taking Lord the Member for the City, but a large the oath uses these words—"inasmuch as proportion of the House, could not very in me lies," and does not undertake to obconsistently go the length proposed by the serve the Statutes further than it is possihon. Gentleman, of prohibiting the admi-ble for him physically and morally to do so. nistration of all promissory oaths whatever Though it was undoubtedly desirable that in the University. What he suggested was, oaths should not be taken which compreMr. Blackett

hended a body of obsolete matter, and contained matters that might be illegal as well as matters that were legal and possible, he did not think a true view of them had been taken by the hon. Gentleman. A thing might become illegal by the intervention of the Legislature, and the law of the land being against the observance of the Statutes, it would be morally impossible to observe them. It seemed to him that, although the form of oath might well deserve to be considered if taken at all, yet that no man swore that he would attend mass or wear a certain description of clothes, or do any of those things in detail, but that he would observe the Statutes according to the strict and grammatical truth, as far as in him lies, that is, as far as the Statutes can be observable by him he will observe them.

the first writs," had taken no steps for convening the Assembly up to the time of his leaving the Colony in January, 1854, although the Provincial Councils were in full action? 2. Whether the last revenue appropriation ordinance passed by the former Legislative Council did not expire on the 30th day of September, 1853? whether the Governor did not subsequently to that date appropriate revenue by his own sole act? and, if so, whether such appropriation was not illegal? 3. Whether Governor Sir George Grey did not continue to dispose of land under new regulations after and notwithstanding a decision by the Supreme Court at Wellington that such regulations were illegal, and after an injunction by the said Court to restrain such disposal of land? 4. If all or either of these allegations were correct, whether it is the opinion of Her Majesty's Government that the course so taken by Sir George Grey admitted of satisfactory explanation, and met with their approval? 5. Whether Her Majesty's Government have received any information, or have issued any instructions, with respect to the Legislative Assembly of New Zealand being convened by the acting Governor? 6. Whether Colonel Winyard, the Commander of Her Majesty's forces in New Zealand, and now acting Governor of the Colony, offered himself as a candidate and was elected as SuMINUTES.] PUBLIC BILLS.-1° Public Revenue perintendent of the Settlement of Auckand Consolidated Fund Charges; New Forest. land? and whether Her Majesty's Govern2o Exchequer Bonds (£6,000,000); Customs ment approve or have expressed disapproDuties (Sugar); Stamp Duties; Dublin Car-bation of such a combination of offices? riage; Ecclesiastical Courts; Courts of Common Law (Ireland); Public Statues. 3o and passed-Consolidated Fund (£8,000,000).

MR. BLACKETT, in deference to what appeared to be the wish of the House, withdrew his Amendment.

Clause 25, as amended, agreed to.
House resumed. Committee report pro-

gress.

The House adjourned at a quarter after Two o'clock till Monday next.

HOUSE OF COMMONS,

Monday, May 29, 1854.

MR. FREDERICK PEEL said, that as these questions were of unusual length, and as he could not answer them merely NEW ZEALAND-QUESTIONS. in the affirmative or negative, he must ask SIR JOHN PAKINGTON said, the the indulgence of the House for making a questions of which he had given notice statement of some length in vindication of were of greater length than was usual, the character of an official who was held but he had wished by putting them to save in very high estimation by the Government the House the trouble of a discussion on as a most valuable public servant, aud the matter to which they referred by his whose conduct was attacked in the quesmaking a Motion respecting it. His questions that had been put. The first questions were:-1. Whether it was true that tion implied that Governor Sir George Grey the Governor of New Zealand, having pro- had endeavoured to defeat the intentions claimed the new constitution of that Colony of the Legislature of this country in passon the 17th day of January, 1853, post-ing the Constitution Act for New Zealand, poned till the latest possible day allowed by the Constitution Act-namely, till the 17th day of July, 1853-the issuing of writs for the election of Members of the Legislative Assembly; and, notwithstanding the direction of the Act that the Assembly should be convened "as soon as conveniently may be after the return of

VOL. CXXXIII. [THIRD SERIES.]

that he had deprived the colonists there from receiving the full benefit of the constitution which Parliament intended to give them, that he had also endeavoured to defeat the intentions of Parliament with regard to the General Assembly, and that he had done this in two ways-first, by postponing till the latest possible day the

2 M

issuing of writs for the election of Members | Sir G. Grey. He had been informed by
of the Lower House of General Assembly, Sir G. Grey that it was not until within
and next, by omitting, when those Members seven days of his quitting the island of
had been elected, to issue any proclama- New Zealand that he received the return
tion fixing the time when the General As- of the writs which had been sent to the
sembly should meet. The right hon. Gen- province of Otago, that province being
tlenian must have supposed, if he believed 800 miles from the seat of government,
that these assertions were correct, that as with which its communication by sea was
soon as the constitution had been proclaim- not frequent. Thus it was not possible
ed, nothing remained for Sir George Grey for him to have issued a proclamation
to do except to issue the writs for the elec- convening the General Assembly until
tion of Members; whereas, in truth, there seven days from the time of his quitting
had never, perhaps, been an instance in the government of the island; and he had
which Parliament had intrusted to a single given an explanation of his omission to
individual such responsible and varied du- take that course, which appeared to him
ties in constituting a new form of govern- perfectly satisfactory. Ile had said he
ment as were intrusted to Sir George considered that the responsibility of the
Grey by this Constitution Act: because
Parliament had left to Sir George Grey
not only the defining of the boundaries
of the new provinces, not only the de-
termination of what should be the elec-
toral districts, but also of what num-
ber of Members both Houses of the Gene-
ral Assembly and each of the Provincial
Councils should consist; and he was like-
wise called upon to state the nature of the
registration of voters, to make arrange-
ments for the revision of the lists of
voters, for the situation of polling-places,
for the appointment of returning officers,
and for several other details. Sir George
Grey had discharged all these duties with
as great an expedition as was consistent
with their being performed in that honest
and painstaking manner in which it was
his wont to do everything that was in-
trusted to him, and in the course of about
two months he had settled all these mat-
ters of detail. It then remained that the
list of electors should be framed, and the
claims of electors had to be received; and,
notwithstanding every exertion on the part
of Sir G. Grey, it was not until the
middle of June, 1853, that the electoral
roll was complete. As soon as it was
closed, Sir G. Grey issued writs for the
clection of Members to the General As-
sembly. The second part of the question
was, whether Sir G. Grey, after the mem-
bers had been elected, did not omit to
convene the General Assembly; and the
right hon. Gentleman had referred to the
language of the Act of Parliament, which
directed that the Assembly should be con-
vened "as soon as conveniently might be
after the return of the first writs." He
was glad that the right hon. Gentleman
had done so, because it was upon those
words that he should rest the defence of
Mr. F. Peel

step of summoning the General Assembly
ought to rest with the officer who was
about, in a few days, to assume the go-
vernment, but that he had advised that
officer in private to do what he himself
had intended to do if he had remained—
namely, to convene the Assembly without
delay; and we knew, not indeed from
official sources, but from statements in the
newspapers, that Colonel Winyard, the
moment he assumed the acting governor-
ship of the island, issued a proclamation
convening the General Assembly at the
earliest possible period. The second ques-
tion of the right hon. Gentleman was,
whether Sir G. Grey had taken upon him-
self, by his sole authority, to appropriate
a portion of the general revenue? Sir
G. Grey had not appropriated a single
penny of the public money. The general
revenue had been appropriated in three
ways-first, to the payment of the civil
list charged upon it by Act of Parliament;
secondly, to the payment of certain per-
manent charges which had been imposed
by ordinances of the late General Legisla-
ture; and thirdly, it was appropriated by
the elective Provincial Councils. Sir G.
Grey found that the first two charges ab-
sorbed about one-third of the general reve-
nue, and he directed the treasurers of each
of the provinces to pay the remaining
two-thirds into the treasuries of the diffe-
rent provinces, to be appropriated accord-
ing to the direction of the Provincial
Councils. It appeared to him that Sir
G. Grey, in taking this course, had acted
with perfect propriety; but if he had done
anything illegal, it was not his own fault,
as it arose from an oversight of the right
hon. Gentleman, for the Act of 1852 only
gave power to the General Assembly to
appropriate revenues raised by their own