House of Convocation. faculty resident in the University, heads of colleges and halls, professors, public lecturers, masters of schools, public examiners, the deans and censors of colleges, and masters of arts of above one year's standing, all of whom are called regents. The House of Congregation occupies itself almost exclusively with the passing of graces and dispensations and the granting of degrees. The House of Convocation consists of all the same members as the former, of masters of arts in their first year, and of persons who have been regents, and retain their names on the books, but have retired from the university. It transacts all important business, and exercises power in all matters connected with the affairs or interests of the university; subject, however, to some marked restrictions in the department of legislation. In both houses the chancellor or vice-chancellor singly, and the two proctors jointly, have an absolute veto in all proceedings except elections; but against even a small majority of votes, they have allowed it to fall into nearly as complete a desuetude as the royal veto upon the proceedings of Parliament. A weekly court of record is held by the vice-chancellor for the recovery of debts within the limits of the university; and a weekly meeting, composed of the vicechancellor, the proctors and the heads of houses, is held for deliberation on all matters affecting the liberties and privileges of the University, and for consultation respecting the due observance of statutes and customs. The two representatives of the University in Parliament are chosen by the vice-chancellor, the doctors, and the regent and non-regent masters in convocation.

The former consists of doctors of every

The colleges are corporate bodies belonging to the class called eleemosynary," and are quite distinct from the Corporation of the University.

Of the seventeen colleges, halls, or societies which form the University of Cambridge, each is a body corporate, and ruled by its own particular statutes, but each is also subject to general laws, which regulate the practice of the confederate body as a University. The senate takes cognizance of the whole business of the University; it is composed of all the Masters of Arts and the doctors in divinity, civil law, and physic, having their names upon the college-boards, holding any university office, or resident in the town.

The Senate is divided into two classes, or houses: Masters of

Arts of less than five years' standing, and doctors of less than two, compose the regent, or Upper House; the remainder constitute the non-regent, or Lower House. Doctors of more than two years' standing are privileged to vote with either house. The right of electing the two members of Parliament is vested in the doctors and masters of arts who have their names on the boards of their respective colleges. A meeting of the senate is called the congregation. Besides the two houses of the senate, a council called the caput is chosen annually, by which every university grace must be unanimously approved before it can be introduced to the senate.

The constitution of Cambridge has been newly regulated by a statute 29th of July, 1856, 19 and 20 Vict. c. 88. The governing body consists of a "council or senate," comprising the chancellor, vice chancellor, four heads of colleges, four professors, and eight other members, who must not be either "heads" or professors. The Queen has power to introduce, through the Privy Council, new statutes for the colleges and the university. The colleges enjoy, however, the right of petition against their introduction. All the statutes must be laid before Parliament. If one or other of the two Houses does not issue an address within forty days, the Queen can thereupon carry out the statutes.

Down to 1832 there were in England but two ancient universities. In that year a university for the study of theology was founded in Durham. The bishop of the diocese is the "visitor," and the dean the "warden." It is now attended chiefly by the sons of wealthy farmers.

The London University was founded by royal charter on 28th November, 1836. It is empowered to confer the degrees of master of arts, doctor of laws, and medicine, and science.

There are two colleges in direct relation with it, viz., University and King's College. The fellows and the chancellor are nominated by the Queen; the vice-chancellor is elected by the senate.*

Gneist, i. 350.

BOOK V.

The Judicature.

CHAPTER I.

CHARACTERISTICS OF THE ENGLISH JUDICIAL SYSTEM.

No "Conflict of Jurisdiction."-Separation of Justice from its Administration.Inter-dependence of Public and Private Law.-Inns of Court.-Legal Tact.Practical Education.-Law Students.-Promotion not merely by Favour.-Independence of the Judges.-The Judicature and Parliament.-Superintendence over the Ecclesiastical Courts.-The Braintree Case.-Contempts of Court.-No Corporate Character.-Dignity of the Judges.-Coke at the Trials of Raleigh and Essex.-Judges during the Last Century.-The Judicial Organization in relation to Public Law.-Jury.-Courts of the Common Law.-Equity Courts.-Courts of Record and not of Record.

WITHIN the compass of the judicial authority is to be found the wide contrast that prevails between the modern constitution of England and the actual condition of things on the continent; the contentment of the nation at large may thus be accounted for, there being a wondrous charm in the maxim, "Where there is a wrong there is a remedy,"* no debatable question of law being ever withdrawn from the scrutiny of the courts.

The judicial authority possessed by certain special boards and by the Home Secretary is of recent origin; although the general principle of submitting every question in dispute to the superior jurisdiction of the courts of law is imperilled thereby, it is not, as yet obscured: as the head of this department changes with the ministry, he is only able to exercise arbitrary jurisdiction in a few solitary cases. The distinction between the judicial and special government functionaries is so generally recognised, that from it originates the division into "judicial" and "ministerial" offices. The English lawyer knows but little of the subtle distinctions which foreign jurists are wont to interweave with legal questions, or of the difference between "private" and "public" law.

The education of the English jurist begins in the "Inns of Court," which exercise the right of admitting persons to practise at the bar; no method of obtaining the rank of barrister exists but that of becoming enrolled as a student in one or other of these Inns. They were founded at the time when efforts were made in Oxford to acclimatize Canon and Roman law in England, and

*Bucher, 213.