| Description | Present; The President: Lord Percivale; Mr Gale; Dr Mead; Mr Theobald; Mr Eames; Mr Andrews; Mr Bevan; Mr Machin
' The Draught of a Case with Queries (as hereunto Subjoined) relating to the Recovery of the Arrears due for Contribution, designed to be laid before the Attorney General for his Opinion, was Reqd and approved.
Ordered That the Said Case be laid before the Attorney General and that Mr Frewin (to prevent delays for want of further Orders) be hereby impowered to give Such Fee or Fees and use all Such Measures as in his Discretion that Shall be thought most proper for dispatch.
Ordered That Mr Hauksbee do forthwith deliver the Said Draught to Mr Frewin with instructions accordingly.
A Question being put, Whether Mr James Hodgson of Christs Hospital, in Consideration that his presents to the Society in Books have amounted to as much or more than the composition Offered for Contribution and in consideration of his other Services, Shall not have the liberty to take up his Bond and be discharged from Arrears and future payments; which passed in the affirmative Nem: Con;
Ordered That Mr Hodgsons Bond be delivered up accordingly.
Dr Wiggan, Mr Justice, Dr Allen, Mr Garcin and Mr Grey were Severally Balloted and approved as Candidates for Election.
Ordered That Thanks be returned to the Gentlemen of the Committee on the Repository, for their past Services in their constant attendance on that Care And That they be desired to continue their favour in perfecting this usefull Work, by giving Such Orders and directions as in their discretion Shall Seem Necessary, either for repairing the defects in the Building of the Repository Room, or for Erecting Such conveniences as are requisite for the better preservation of the Rarities.
And Ordered that all Such necessary Orders and directions as are made by the Said Committee Shall be Valid
Ordered that the Treasurer pay any Sum or Sums of Money as ar required from time to time for carrying on the Said Work, upon an Order Signed by the President and any two or more Gentlemen of the Committee
The Case of the Royal Society
The Royal Society is a Body Corporate, invested with certain rights and Priviledges, by a Charter the Second (Anno 1663) under the Name of the 'President Council and Fellows of the Royal Society of London for improving Natural Knowledge'
Which Rights and Privileges were afterwards renewed and Confirmed with the Addition of further Grants by another Charter or Letters Patents in the 21st Year of the Said Reign.
This Corporation is formed by the Charter as consisting of two parts having distinct Offices; The Body of the Society and thre Counil of the Society. In each of which the presence of the President or his Deputy is requisite to make an Assembly.
The Body is the Assembly of the Fellows who have the right of Voting in all Elections for Members of the Society, or of the Council, or for Officers. The Business of their meetings is to pursue and promote the End and Design of the Institution by the Charter, in discoursing, Enquiring, Examining and making proper Experiments towards the Advancement of Natural Knowledge.
The Fellows of the Societyare made Such by being Elected, Admitted and Registered.
The Election of a Fellow is mde, according to the direction of the Charter, at a Meeting which is to consist of not less Than Twenty one Fellows, and by the Suffrage of not less than two third parts of the whole number present.
But the Candidates for Election being oftentimes unknown to the far greatest part of the Socierty, it has been an Ancient practice founded on a Statute to preventy the too great and unnecessry influx of new Members, that Each Candidate shall first be canvast in the Council, to gain Some knowledge of his Character, before he be allowed to Stand for an Election,. which Order with Some Slight Variation lately past into the Following Statute
Chapter 6. Sat. 8
Every Person to be Elected Fellow of the Society Shall first at at mereting of the Society be propounded as a Candidate to be approved by the Council, and Shall be recommended by three Members, one of which at least shall be a Member of the Council, and sone of them Shall at the Same time memntion and Specify the Quallificatins of the Said Candidate. And afterwards Such Person Shall at another meeting of the Society (whereat there Shall be a Competent Number for making Elections) be refered back from the Council if approved, and Shall then be propounded and put to the Vote for Election. Saving and excepting that it Shall be free for every one of his Majesties Subjects who is a Peer, or the Son of a Peer ectc.
In the former Practice any one Membr of the Society was Sufficient to recommend the Candidate to the Scrutiny of the Council, In this three are required and one of the three must be a Member of the Council.
The Admission of a Fellow consists in the performance of a certain Ceremony whichis appointed by one of the first Statutes of the Society (Stat. 6 Chap. 6) The form not being prescribed in the Charter.
The President, at Some Meeting of the Society is to take the Member to be Admitted by the hand and to Say the following Words
I do by the authority and in the Name of the Royal Society of London for improving Natural Knowledge Admit you a Fellow thereof.
Every Member Signs his Name to the following Obligation immediately before he is admitteed by the President ; according to the form appointed in the Statute under the 2nd Chapter.
We who hae hereunto Subscribed do hereby promise each for h8imself, tht we will endeavour to promote the Good of the Royal Society of London for improving Natural knowledge, and to pursue the Ends for which the Same was founded : That we will be present at the meetings of the Society as often as conveniently we can, especially at the Anniversary Elections, and upon extraordinary Occations : and that we will Observe the Statutes and ORders of the Said Society : Provided that when soever any of us Shall Signify to the President, under his hand that he desireth to withdraw from the Society ; He Shall be free from this Obligations for the Future.
The Registering is performed according to another Statute (Statute 7 Chapter 6) by entering the Times of Election and Admission in the Journal Book.
There are Some Members Elected who by the indulgences of the Statutes are registered as Fellows although they n4ver passt their Admission ; Such are Foreigners, and those who live at a considerable distance and were never present at any Meeting ; But as these are by the Same Statutes have no right to Vote untill they have qualified themselves ; and as they are not under any Obligtion, they have only the bare Tittle of Fellows withouth the Right and are thereby excluded frm the present Case.
Every Fellow of the Society thus Elected, Admitted and Registered is by the Charter to continue a Fellow during Life, unless amoved justly according to the Statutes of the Society. The Words are
Volumus ac per praesentes ey concedimus eidem Praesidi Concilio et Sodalibus Societaris Regalis praedicto et Successoribus Suis quid etc et quod omnes et Singula aliae persona quae et in onmi tempore Sequenti per Praesidem Consilium et Sodales Sive per aliquos Viginti et unum vel plures eorum (quorum Praesidem pro tempore existentum vel ejus Deputatem Semper unum este Volumus) Sive duas tertias pqrtes vel plures praedictorum Viginti unius vel plurium in eandem Societatem Accipientur et admittentur et Membra Regalis Societatis praedictae, et in Registro per ipsos conservando Annotatae fuerint Erunt Vocabantur et Noncupabuntur Sodales Societatis praedictaequandiu Vixerint nisi ob causem aliquam rationabilam Secundum Statuta Regalis Societatis praedictae condenda quemvis eorum amoveri contigerit.
A Fellow may cease to be a Fellow during life differant ways and upon different accounts, according to the Statutes.
The Amoval may be either with or without his own consent; with his consent, as
When the Fellow Signifies to the President under his hand, that he desireth to withdraw from the Society ; and then he Shall be free from his Obligation for the Future. Stat: Chap: snd without his own consent, as when he is Ejected or Expelled from the Society upon Some just Occation or reason.
The Ejection of a Fellow is to be perfomed in a certain form described in the 1st Statute Chapter 19
Whenever these shall be Cause for the Ejection of any Fellow out of the Society, the President shall st Some meeting thereof, cancel his Name in thre Register, and at the Same time pronounce him Ejected in thes Words "I do by the Authority and in the Name of the Royal Society of London for improving Natural Knowledge declare A.B. to be now Ejected and No longer a Fellow thereof."
And the Ejection of Every such Person shall ber recorded in the Journal Book.
The Causes for which a Fellow is to be Ejected or Expelled from the Society are Set forth and described in general in the second Statute Chapter 19;
"If an y Fellow of the Society shall contemptuously or contumaciously disobey the Statutes or Orders of the Socity, or Shall by Speaking, writing or Printing Publickly defame the Society, or advisedly and maliciously do any thing to the damage and detriment thereof, he Shall be Ejected out of the Society."
Other Special Causes for Ejection are asigned in other Statutes as in the Statute under Chapter 2 it is said That "if any Fellow shall refuse to Subscribe the Obligations he Shall be Ejected out of the Society. "
Which is to be understood as Spoken only of the Original Fellows who were of the Society before the passing of tht Statute, that is within two months after the Date of the first Patent For no Fellow admitted Since that Time can possibly be affected by it, because this obligatin must be Signed before the Admission.
Another cause for Ejection is assigned in Statute 2nd, Chapter 3rd "If any Fellow Shall refuse to pay according to the rate there Specified he Shall be Ejected out of the Society."
Again is Statute 5, Chapter 3rd "If any Fellow Shall fail to bring in or send to the Treasurer or his Deputy his Quarterly Contribution within a time there limitted He shall be liable to Ejection out of the Society."
Fellows Elected may have their Election made Void other ways, as by Neglect in elapsing the time time allowed for taking their Admission which is ordinarily one Month. Statute 5 Chapter 6 by refusing to Sign the Obligation Chapter 2 Or by refusing to pay 40 Shillings as the Admission Fee Statute 1 Chapter 3rd in all which and the like Cases their Election is Said to be Void : But Such Fellows not beingh perfect throught want of Admission, they are, as was before observed, out of the present Case.
The Council of the Royal Society is a Body Elected Annually and Sworn (according to the Charter) to Assist in the Government and regulation of the Society.
The Whole Body consists of Twenty one Members out of which The Society Elects a President, Treasurer, and two Secretaries, and the President himself Elects one or more Vice Presidents of Deputies. The Body of the Council itself is partly Elected out of the Fellows, and partly out of the Council of thre former year ; The Charter directing Ten Members to be changed and Elecen to be continued at every Annual Election. Which Method makes it impossible for the Body to remain the Same as it was the yer before.
The Elections of the Council and of the Officers in the Society, are as made by the Charter both in the Same Manner, on St Andrews Day or the next after it, by a Simple Majority of Votes, in an Assembly consisting of Thirty one or more in Number, The president or his Deputy being one.
The Members of Council and Officers are Sworn by one Oath metatis Mutandi delivered i the Charter, in the following Words - " I....do Promise to deal faithfully and honestly in all things belonging to the Trust committed to me as President of the Royal Socity of London for improving Natural knowledge during my imployment in that Capacity. So help me God. "
The President and his Deputies are moreover obliged, by the Secont Patent, to take the Oaths of Supremacy and Allegiance. The Oaths are given, To the Mrmbers of Council by the President; To the President by the Council or any Seaven of them ; And to the other Officers by the President and Council.
The Trust committed to the Council consists in the case of all Matters and concerns relating to the Government, direction and regulation of the Society and any Members thereof, as is exprest in these Words of the Charter - " Cui quidem Praeside pro tempore Existenti Sacramenta praedicta administrase personis praedictis et aliis quibusconque imposterum de tempore in tempus Concilium praedictum Elegandis plenam potestatem et Authoritatem pro Nobis haeredibus et Successoribus Nostris damus et concedimus per paresents. Et quod Eadem Persona Sicut Praefertur ad Concilium Regalis Societatis praedicta Electe praefecte et iurate et in posterum Eligenda in aficienda et puranda de tempore in tempus erunt et existent auxiliantes consulentes et assistantes in oomnibus Materiis rebus et Negatis Meliores regulationem gubernationem et directionem praedicta regalis Societas et Cujuslibet Membri ejusdem tangentibus seu concernentibus."
The Vacancies which may hapent to arise in the Council or among the Officers by Death or Amoval in the interval between the Anniversary Meetings, may (by the Charter) be filled up by making Elections Occationally. Members of Council and all Officers (the President excepted) may in Such Cases be Elected, by a Majority of Votes, in the Body of the Society, at a Meeting to consist of 21 or more, the President or his Deputy being one.
In case the Presidents place becomes Vacant , A new President must be Elected by the members of the Council, with a Majority of Votes, in a Meeting to consist of not less than Elecen Members.
This Corporation being thus constituted of a President Council and Fellows is resolvable into two parts having distinct Powers. The Assembly of the Council and the Assembly of the Fellows ; For the President Acts only in one or the other of theses Assemblies, and then only when there is a Sufficient Numbe present to make Meeting for ordinary Buisiness as as Nine for the Society, and Five for the Council (by these second Patent) but there Seems to be a material difference in the Powers of the Members who compose these Assemblies ; in that the Fellows cannot meet to Act in any Case as fellows without the presence of the President or his Deputy ; Whereas the Members of Council are inabled upon Some extraordinary Occations to Assemble and Act of themselves as the Council of the Society, without the Assistance of the President, or the Fellows ; as in Case of Administering the Oath to the New President, and in the case of Electing a New president, upon a Vacancy in the interval between the anniversary Meetings.
The Fellows Assembled have (by the Charter) besides their right of Voting in Elections, a right to demand the Bodies of Malefactors executed, in order to make Anatomies and Observations, in the Same manner as is granted to the Colledge of Physicians. They have also the Priviledge of holding a Correspondence with Foreigners, only Such Letters of Correspondence are to be Signed by the President in Council, and are to be confined to Such matters as concern the Business of the Society, in Philosophical, Mathematical and Mechanical Enquiries.
The President and Council (which makes the perfect Assembly of Council) are invested with the Entire Government of the Corporation.
They have the Right to appoint at their discretion the place of Meeting, in order thereto may Build if there be occation a College or Colledges in any place within ten miles of the City of London.
They have a power to rectifie the disorders of their own Assembly in removing if there be occation any Member of the Council for Male-Administration. According to these Words of the Charter - " Et Ulterius Volumus quod ....[Listed]
But more especially they have an independent power of making Laws Statutes and Orders for the better Government Regulation and Direction of the Society and any Member thereof, and are invested with the Sole Management of thier Revenues, Goods Estates and all other Civil Concerns as is fully Exprest in the following Clause - "Et insuper Volumus ac de gratia Nostra et concedimus praefatis Praeside Consilio et Sodalibus et Quod Praeses et Concilium praedictae Regalis Societatis pro tempore existens.......[Listed]
After which follows a Clause requiring obedience to Such Laws, providing they be not repugnant or contrary to the Laws of the Land.
A Body of Statutes distributed under proper heds, was accordingly composed and Established in the beginning of the Institution in 1663 And the same was laid before the king when he Subscribed his Name as Founder and Patron ; Other Statutes have been made Since from time to time as Occation required.
Among the Original Statutes there is a Chapter concerning payments to be made by the Fellows Supporting the Expences of the Society . the first of which is for a certain Fee of Forty Shillings to be paid for admission ; The Second is for a Weekly contribution to be made by the Several Fellows as is Exprest in the following Words - "Every Fellow of the Society shall pay one Shilling by the Week, towards the charges of Experiments and other Expences of the Society so long as he Shall continue a Fellow thereof; which continuance Shall be accounted from the time of his admission, until Such time as he shall Signifie to the President under his hand that he desireth to withdraw from the Society or untill upon any other account he Shall cease to be Fellows thereof.And if any Fellow shall refuse to pay, according to the rate aforesaid, he shall be ejected out of the Socirety ; Except the Said Payment be remitted in whole or in part by the Special Order of the Council, Statute 2 Chapter 3 "
The Sixth Chapter of the Same Original Statute is concerning the manner of Electing and admitting of Fellows, whereof the first is as follows - "Every person to be Elected Fellow of the Society, shall first at one meeting be propounded as a Candidate inorder to Election, and after at Some other meeting (whereat there Shall be presenta competent Number for making Elections) Shall be propounded and put to the Vote for Election ; Excepting that it Shall be free for every one of his Majesties Subjects and having the Title and place of a Baron etc to be propounded and put to the Vote for Election on the Same Day etc. Statute 1 Chapter 6
Another of the Same Statutes is that the Votes Shall be taken by Ballot. Statute 4 Chapter 6
Which Statutes as well as all tyhe rest being concerning matters Necessary to be adjusted an yet not precisely Stettled and directed int eh Charter, many of them were afterwards (as occation required) either Strengthened by further orders and Statutes, or altered and changed for others which were judged Such as would prove better for the Society.
Thus the Charter giving no direction how and in what manner a Person is to be received and Admitted a Fellow ; it only declaring that every Person who is registered as received and Admitted by Such a majority Shall be and continue a Fellow ; Therefore the above Statute was made to appoint the manner in which he is to be received ; Viz by being first propounded as a Candidate at one Meeting, and after that Elected by Vote at another Meeting. And another Statute Set forth in what manner he is to be Admitted as it was above recited. But it being apprehended that through the too great easiness of Admission, the Body might in time grow to large and be increased with the addition of many Members not Necessary, the Council therefore to prevent this Evil did first make the Order and afterwards the Statute above mentioned under the Article of Electing Fellows, which requires that every Candidate shall first pass a certain approbration in the Council before he be allowed to Stand for an Election.
In like manner it breing found that through the neglect of the members i observing the Statute concerning their payments, The income gradually decreased to the great hurt and damage of the Society, Therefore the Council in November 1674 thought fit to Strengthen it with another Statute which passed in the Following Words - " That every person continuing or to be hereafter Admitted Fellow of this Society, Shall Sign Seal and as his act and ded deliver an Obligation in the following Words
'I.....do grant and agree to and with the President Council and Fellows of the Royal Society of London for improving Natural knowledge, That so Lond as I shall continue a Fellow of the Said Society, i will pay to the Treasurer of the Said Society, for the Time being, or to his Deputy, the Sum of fifty two Shillings per Annum ; by equal quarterly payments, at the four usual Days of Payment, tht is to Say, the feast of thed Nativity of our Lord ; the Feast of the Annuciation of the blessed Virgin Mary ; the Feast of St John Baptist ; and the Feast of St Michael the Archangel : The first payment to be made uon ..................Next ensuing the date of these presents ; and i will pay in proportion, viz one Shilling per week for any lesser time, afte any of the Said days of payment, tht I shall continue Fellow of the Said Society. For the True payment whereof I bind my self and my Heirs in the penal Sum of Twenty Pounds. In wittness whereof I have hereunto Set my hand and Seal this ....day of....one Thousand etc. Sealed and delivered (being first duly Stampt) in the present of...'
This Obligation or Contract was taken accordingly, for many years from every Fellow at the time of his Admission, but at length the practice of tendering it became neglected; so that in the years 1706 and 1707 few members then in being were under this Obligation. About which time the Arrears for Contribution being very great, The Council came to a Resolution to offer Terms of Composition for the Arrears due, and at the same time made an Order to renew the Contract as well by Enjoining all the then present Members to Sign the Same, as by requiring it of all who should be Admitted thereafter. which order has accordingly been put in Execution, excepting that Some few who were Members before the year 1706 have happened by Some accident not to have the Same tendered to them. But not withstanding this punctual Execution of the Order, It has not had its desired Effect ; For the Concil in January last 1729 Observed that the Arrears of Contribution on the Treasurers Book amounted to Several Thousans Pounds, And that the defaulting Members had continually increast So as to become not only very prejudicial to the Interest of the Society in general, but also a great discouragement to those who bear the charge : Wherefore it was thought expedient to take Some more effectual Measures to Secure as much as possible of the Arrears, and to preserve the income of Contribution better for the future. In Order whereto it was proposed that a Value should be Set on the Whole Contribution, That every Memer who was so disposed Might have Liberty against a certain Day to purchase out his Obligation by paying up to a certain Sum, by which means the Members not in Arrear might partake of the Benefit as well as those who are in Arrear ; Excepting only that Every Member Should be obliged to advance Some Sum as an acknowledgment of the Society's right to his future Contribution, how much soever his former payments may have amount4ed to. And it was REsolved that after Such terms Should be Settled, The Members who accepted of the Same against the Time to be Limited Should e entitled to a Special Exemptment against the Obligation of the Statute for Contribution. And that Such who Should not accept of the Same Should be proceeded against for their Arrears and be liable to Ejectment according to the Statutes.
In Consequence of which a Council was held on the 3rd of February last who agreed in the particular Resolutions and Terms Set forth in the Annext Printed paper.
Which Paper of Proposals and Resolutions has been delivered to all or most of the Members residing in or near London accordign to the Order therein.
Now as the Time for the Acceptance of the Terms is Elapsed, And the Council are determined to Act in pursuance of their Resolution ; The Case hereupon is That among the Members in Arrear who yet Stand out, Some plead they are under no Bond or Special Contract, These being Some of those who were Admitted before the year 1706. Others pretend in tht there is no Valuable considertion exprest in it. And others there are who haveing no plea, de endeavour to lessen the Authority f the Acts of Council by insinuating that one of the Sttutes is an intrenchment or usurpation on the Rights and Priviledges of the Fellows in Elections granted by the Charter, and that is the Statute concerning the Approbation of Candidates ; which power of approving they Pretend to Say is tantamount to a Negative Vote upon the Whole Society.
The Queries are
Q.1 Whether the whole Arrears due from a Member by the Statutes cannot be recovered by Vertue of his general Obligation which is the first Obligation mentioned Page 53 or may he be Ejected for non-payment by the Vertue of Statute 2 Chapter 3 in Page 62?
Q.2 Whether the Bond or Special Obligation which is the Second Obligation mentioned in Page 65 be not perfect in its due and Legal forme or Whether there be any other consideration required to be mentiond in this Case besides that of being a Fellow and consequently enjoying the Right as Such?
Q.3 What is the Speediest and properest Course ro recover as much of the Arrears as can be recovered in each Case where there is a Special Obligation as in Page 65 and where there is not?
Q.4 If a Member be first Ejected for refusing payment Querie wether his Ejectment Shall not be a Satisfaciton and prevent a Recovery of what is due and if a Recovery be made first whether this recovery Shall not be a Satisfaction and prevent an Ejection or rather does not a recovery at Law in this case Necessarily Imply a preceeding refusal of payment and Such as in the Sence of the Statute renders a Member liable to Ejection?
Q.5 In case of an Ejection Since it is not appointed in the Charter by what Powers is it to be done That is in what Assembly, by what Number or by what majority as it is done in the Cases of all Elections and in the Case of Ejecting a Member of Council which way will be the most agreeable to the intention of the Charter and which will be the Safest and least liable to an appeal to the Visitors Whether Shall it be in the Council who have the Management of the Revenue and the regulation of the Body and before whom alone the Merrits of the Case can properly Lye or Shall the Ejection Lye where the Election is in the Body of the Society if it shall be in the Body then Quere whether it ought to be done by a Simple majority of Votes as in the Election of Council and Officers as in Patent. Or must it be by a Majority of two thirds against one third as in the Case of Electing Fellows as in Patent : And further there arises a difficulty if the Election and Rejection is to be performed by the Same kind of Majority and that is which way Shall the opposition Lye Shall there be two Thirds to Vote for the Ejection as there were two thirds to Vote for the Election or Shall there be two thirds for him against the Ejection as there were two thirds for him at the time of his Election?
Q.6 Whether the Council can make a Statute to determine how and in what manner a Member Shall be Ejected for Offences hereafter?
Q.7 Whether Statute 8 Chapter 6 Is any Infringement of the Rights and privileges of the Fellows in Elections Considering that the Rejection of a Candidate by the Council does not disquallify him from being put up again?
Q.8 Whether the Council cannot by Vertue of their general Power of Regulating the Body, limit the Number of the members thereof ; or at least make Such Laws as may check the too great increase of the Body with New Members unfit for answering the End of the Institution? '
|