| Description | Present; The President; Lord Paisley; Sir John Evelyn; Mr Theobald; Mr Eames; Mr Georges; Mr Machin
' Mr Stacks bill amounting to Seven pounds Twelve Shillings, for Work and paper, in Writing a double Copy, of 286 pages each of the Papers registred between December 14, 1727 and January 3rd 1738 was received and Examined.
Mr Stacks bill for translating papers between the 27th of February and the 13th of July 1730, consisting of Eleven Articles, was offered and left to the direction of the Counicl.
Moved that a gratuity of four Guineas be made to Mr Stack for his Translations and be added to his bill, which being put to the Ballot passt Nem. Con.
Ordered That the Treasurer pay to Mr Stack the Sum of Eleven pounds Sixteen Shillilng in full of his two bills.
A Small bill of Eight and Two pence for postage of Letters was received from Dr Rutty's Widdow and allowed.
Moved That a Gratuity of Fifty pounds be made to Dr Rutty's Widdow in consideration of her late Husbands Services to the Society as Secretary, which passet by Ballot Nem. Con.
Ordered that the Treasurer pay to the Widdow of Dr Rutty the Sum of £50..8..2 on the Said Accounts.
Mr Frewin having delivered in The Royal Society Case with the Attorney Generals answer to the Queries, the Queries and Answers were read as follow -
Vid: Queries pages 68 and 69
The Answers follow in the Order of the Queries
To Q.1 I conceive that the Arrears due from a Member of the Royal Society cannot be recovered either in Law or Equity by Vertue of the General Obligation Stated in page 53, that being only a general undertaking to observe the Statutes and Orders of the Society without being executed as a Deed, or any consideration contained in it. But I apprehend that every Fellow, who Shall refuse to make payment according to the Statutes may be Ejected or Expelled for that cause.
ToQ.2 I am of Opinion that the Special Obligation Set forth in page 65 is drawn in a proper and Legal form, and that an Action of Debt for the Penalty or an Action of Covenant for the particular Sum due for Arrears may be maintained thereupon against the Defaulters. This Instrument being executed as a deed by Sealing and delivering no Consideration was requisite to be expressed in it.
To Q.3 The proper course to recover such Arrears as are due upon Special Oblilgations accorting to the form Stated in page 65 is by Actions at Law against the Several Defaulters. But as to the Cases, Where there are no Such Special Obligations, I doubt payment cannot be compelled otherwise then by Expulsion.
To Q.4 I think that the Expulsion of a Member for refusing payment will not prevent a Recovery of what is Due on a Special Obligation, Neither will a recovery of the Arrears prevent or be a bar to an Expulsion, though it may Seem hard to proceed both ways. In Strictness I apprehend that a recovery at Law will be Evidence of a refusall of payment in a proceeding in Order to an Expulsion according to the Statutes.
To Q.5 The Fellows of the Royal Society being by the Charter declared liable to be Amoved or Expelled according to Statutes to be afterwards made, but neither the Charter nor the Statutes now in force having expressly determined in what manner or by what Assembly Such Expulsion Shall be made, and the Words of Expulsion directed by the Statute to be pronounced by the President refering to 'The Authority of the Royal Society' I think the Expulsion can only be an Assembly of the Fellows, in whom the Right of Election is lodged, and by the like Majority by which Elections are to be made Viz. by a Majority of two thirds for the Expulsion.
To Q.6 I am of Opinion that by Vertue of the Powers in the Charter the Council may make a reasonable Statute or Bylaw to determin how and in what manner a Member Shall be Expelled for Offences for the Future.
To Q.7 The Charter having joined the President Council and Fellows together in the Elections of Fellows, as Members of the entire Body, and having directed Such Elections to be made by a Major part of them all without giving any preference in those Acts to the Council, I think the Council Should not make a Statute whereby to assure a Negative to themselves, which Seems to me to be the Effect of this Statute. Therefore I apprehend this Statute not to be warranted by the Charter.
To Q.8 Considering that the Charter hath left the Body at large without limiting the Number of Fellows, and considering also the Nature of this Foundation, I think the Concil cannot make a Statute to limit the Fellows to a certain Number ; But they may make reasonable Statutes or Bylaws to describe and Ascertain proper Qualifications of Persons to be Elected Fellows in Such manner as may best answer and promote the Ends of an Institution So usefull to the Learned World.
P Yorke
September 16, 1730
Mr Hauksbee weas ordered to make out a List of the Defaulting Members as it now Stands, and to distinguish therein Such as have not received Notice of the terms proposed from those who have, and such as are not under the Special Obligation from such as are under the Same.
Lord Paisley had leave to take a Copy of a MSS [manuscript] in the Library written by Guido on Music. ' |