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From this rate the faid mafters and fellows appeal.

A doubt might have arifen upon the propriety of the Vice-chancellor of the univerfity, and the mayor of the town, and others who are inhabitants of the town giving any determination on a cause, which, though in its prefent fhape it is confined to a particular parish, and two particular colleges, muft ultimately in its effect reach the whole univerfity, and every inhabitant of the town of Cambridge: fuch doubt or delicacy might have arisen, if the statute of 16 Geo. 2. had not avoided it.

By the 16 Geo. 2. c. 18. Juftices may do all things appertaining to their offices, fo far as the fame relates to the laws for the relief, maintenance, and fettlement of the poor: for paffing and punishing vagrants: for repairs of the highways, or any other laws concerning parochial taxes, levies, or rates, notwithstanding they are rated or chargea'ble with the rates within any place affected by 'fuch their acts. Provided that juftices for a county at large shall not act in the determination of any appeal to the quarter feffions of fuch county, from any order, matter or thing relating to any fuch parish, township, or place where fuch juftice is fo 'charged or chargeable."

The act had in view the neceffity of giving this jurifdiction to juftices of the peace for towns corporate, and cities which are counties of themselves.

The appeal from the laft rate not having been admitted: the churchwardens and overfeers have fhown a contempt for this bench, in making this fecond rate in defiance of that determination, and for putting parties to a great expence; they are to be condemned in full cofts if this rate is quafhed. For if the other rate was good, this is bad.

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Fomentation of fuits must be checked and punished.

That the cafe is determined, is an objection in primo limine.

But to take the whole merits, may be better in giving an opinion in a popular caufe of fuch confequence.

The fact admitted is, that, at no time fince the making the ftatute of the 43 Eliz. viz. in a period of 167 years, colleges in the university separately or together have been made liable to any rate for the employment and maintenance of the poor of the adjoining parishes.

The question therefore in the general iffue turns upon the operation of that ftatute now upon the colleges.

Now with respect to the rule of interpreting the ftatute law, usage of long time is a filent precedent which is always admitted in the courts of common law, as the interpreter of all statutes.

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In this it agrees with the civil law, " Quid refert an populus fententiam fuam declaret rebus an verbis?" fays the imperial law. And therefore fo far as the ufage upon the ftatute goes, and fo far as it relates to the colleges in the univerfity, they have hitherto been exempt from the poor rates by an uninterrupted ufage of no less than 167 years.

The common law, in imitation of the civil law, requires the fame qualities to fupport a ufage. It muft have been long, uninterrupted, and reasonable in its origin.

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Now the prefumption Juris et de Jure in this cafe prima facie on the face of fo long a usage must be, that the usage, and confequently the interpretation, or rather the avoidance of the statute quoad hoc is well grounded, that is to say, reasonably grounded; either upon

ift, The Special or public nature of the conftitution of fuch eleemofynary and learned foundations, and their rights of incorporations as focieties taken Separately or conjunctively with the whole body of the univerfity. Or,

2dly, That fomething is or hath been paid by the members of that public body, and been accepted by another public body in contribution for the maintenance of the poor of the body which has accepted, fo as to work a kind of modus or legal right of exemption from any farther contribution.

The general rights of the univerfity, including those bodies which make a part of it, fo far as it relates to a public purpose, undoubtedly stand upon great grounds of law.

It confifts of focieties which are in their legal and actual nature eleemofynary foundations of antient time, for the encouragement of good learning, found doctrines in morals and religion, and good loyalty; and for the fupport of the national government in all its connections; affecting the minds, and confequently the conduct of the subject.

It is an indifputable fact, that as these societies were originally and before the ftatute eleemofynary, fo they are at this day ftill poor, not only in the eye of the law, but in fact.

The fellows and scholars, and even mafters of colleges,

colleges, have only fuch ftipends as are in aid of their maintenance in the purfuit of their own studies, or in directing the ftudies of others; and which are very far indeed from being fufficient for their fupport in their respective characters and ftations.

Upon the general analogy of law, which has eftablished that ecclefia non decimas folvit ecclefiæ, fo it ftands that public eleemofynary inftitutions fhall not be rateable to eleemofynary purposes for other poor.

The fame statute 43 Eliz. c. 2. fect. 14. 15. directs that a proportion of the money to be raised by virtue of this act, shall be sent for the relief of hofpitals in the refpective counties.

Now the act cited never intended that hofpitals fhould be taxed for the relief of other hofpitals.

As every parish is in law a body politic; fo every college is a political corporation, and the university is more extenfively fo in its general mass.

It is diftinguished more favourably from fuch other bodies politic as parishes, because it is a body politic for great public uses.

The occupiers of colleges in the univerfity, and its officers, are trustees for the public; and fo far as they have any particular emolument and interest themselves, they are but ftipendiaries retained in its Service, under fixed regulations.

It is not material to confider fingly, whether by perambulation of bounds, colleges, or parts of them, have been taken into the circuit of any parifhes or not, and fo have been fuffered to be held in general

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opinion and vulgar notion, a part and parcel of any parish? or otherwife, whether they are in the nature of a vill within the precinct of any parish? or whether they are reputed parishes of themselves, having a chapel, chaplains, divine fervice; or, in the language of the ecclefiaftical law, having facramenta and facramentalia within themselves? Or, are intirely extraparochial; from their being antient monafteries, or erected on their foundations?

The fact of double fees paid to the minifter of the parish of St. Andrew's, as for ftrangers buried has been afferted, and that the two colleges were ancient monafteries, is admitted.

The above are not material confiderations, if colleges are exempt in any one view of the whole argument; and that they are exempt, is agreed from the ufage (which is the legal rule of interpreting the ftatute) and from the nature of their foundation as eleemofynary and for great public uses.

These are the first great outlines of the question,

It comes next to be confidered how the ftatute fpecially directs.

The 43 Eliz. c. 2. fect. 11. " Directs a taxation "of every inhabitant, parfon, vicar, and others; and "of every occupier of lands, houfes, tithes impro"priate; propriation of tithes, coalmines, or falea"ble underwoods, in the faid parish."

So that, in order that any perfons should be liable to this taxation, the qualities jointly requifite are Habitancy, and Occupation, in the parish.

The perfons to be taxed are separate perfons, not aggregate bodies.

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