| Description | Present: The President; Dr Halley; Dr Massey; Sir John Evelyn; Mr Hadley; Dr Rutty; Mr Machin
' The following Gentlemen were Severally put to the Ballot and approved for Candidates to Election. Mr Nourse, Mr S Hyacinthe, Mr Albertus Seba, Signor Eustachio Manfredi.
Ordered that the Following persons be remitted their payments of admission and Contribution Money and be deemed exempted by the order of Council made on January 4th 1727.
Mr Dugood, Signor Beccari, Mr Weichman, John Daniel Schoepflin, Monsieur Mauperty, Ericus Burman, Mr Van Royen, as also Mr S Hyacinthe Albertus Seba, Signor Manfredi, the present Candidates for Election.
The President acquainted the Counil That in pursuance of Some former resolutions he had waited upon Sir John Fortescue for his Opinion upon certain Queries touching the Rights of the Society and the Authority of their Statutes and having obtained the Same in writing, He thought proper to lay it before them. That it might be if thought needful entered as the Rule of proceeding when occation Shall require. The Said papers being accordingly read, It was Ordered to be entered as follows.
Q1. Whether it be in the Power of the Society to constitute any New officer not Nominated in the Charter?
Q2. Whether a Statute regularly proposed and passed by the Council according to the direction of the Charter shall not bind the Society, tho' it be not Entered and registered in the Book of Statutes.
April 13th 1664 The following Statute passed the Council
When any person residing in foreign parts Shall be elected into the Society in the due and accustomed form and manner, the Said person Shall be registered among the Fellows of the Society, and Shall be reported a Fellow thereof without Subscription or Admission in the usual form, anything contained in the Statutes to the contrary notwithstanding : and the Said Person may have an Instrument under the Seal of the Society testifying him to be Elected and reputed a Fellow of the Society accordingly.
Q3, Whether this Statute exempts Foreigners from paying their Admission Money and Weekly payments accrding to the first and Second Statutes of the third Chapter?
Februry 14th 1666 The following Statute passed The Council
The Eleventh Article of the Seventh Chapter of Statutes of the Royal Society concerning the Supplying of the Vacancies of places which happen in the intervals of Anniversary Elections Shall have place only where the Number of persons to be Elected by The Fellows of the Said Society into the Council or any office is Three or more. But when there are but one or Two to be Elected, upon Credible Notice given to the President or his Deputy for the Time being That any Member or Members of the Council or Officer or Officers who ought to be chosen by the Fellows of the Royal Society is or are Dead or otherwise removed, and his or their place or places, Office or Offices thereby become Void, He the Said President or his Deputy as aforesaid shall at the Weekly meeting of the Royal Society which Shall be next after Such Notice or as Soon as conveniently it may be done, declare to all then and there present, That Such place or Places, office or Offices is or are become Void : and That at the next Weekly Meeting then next Ensuing there be other or others elected to Supply the Vacant Place or Places Office or Offices ; and at the next Weekly meeting after, where there Shall be Twenty one or more present, Scrutators Shall be chosen as a Anniversary Elections etc.
Pursuant to this Statute a Person was chosen into the Council in the interval of the Anniversary Elections.
Q4. Whether this Statute being ever since that time totally dissused, and the Society have postponed Such Elections to the Day of the Anniversary Election, the President be obliged to proceed to fill up Such Vacancy or Vacancies, upon credible Notice given according to the direction of this Statute?
January 4th 1727/28 [1728] The following Statute passed the Council
Every Person who is a Foreigner and every one of his Majestie's Subjects whose habitation or usual place of residence is at more than forty miles distance from London Shall be and be deemed as a Fellow of the Society immediately after he Shall be elected, and Shall be registered in the Journal Books as Such : Provided alwaies that no Such Person Shall have liberty to Vote at any Election or Meetiing of the Society before he Shall be qualified pursuant to the Statutes. And if he Shall Neglect so to Qualify himself the first time he comes to London when he may be present at the Meeting of the Society and can be admitted, his Election Shall be declared Void and his Name Shall be cancelled in the Register
Q5. Whether by the proviso in this Statute, Foreigners etc are not Obliged, upon their Admission, to make the usual payments according to the first and Second Articles of the third Chapter of Statutes, unless those payments are remitted by Special Order of the Council?
Sir John Fortescues Opionion upon the five foregoing Questions
1.Q. I am of Opinion that the Society cannot appoint any new Officer, that Shall or may have to do with the Government of the Society : for that would be altering the Constituent parts of the Corporation ; but I think they may appoint other Officers than what are named in the Charter, who by Vertue of their Office shall be Minesterial only ; for Such are Somtimes Necessary to be made by a Corporation, in Order to carry on and compleat the grand design of the Charter.
2.Q. I think that a Law regularly proposed and passed by the Council, according to the direction of the Charter, is a good Statute, and binding upon the Society ; Notwithstanding the Omission of the Secretary or his Clerk, in not entering the Same in the Book of Statutes ; Since it is found entered on one of the Publick Books of the Society.
3.Q. It does not exempt foreigners from paying their Admission Money and weekly payments, unless remitted by the Council, As I conceive.
4.Q. I think the President is not obliged immediately, on credible Notice given him, to declare the Vacancy and proceed to fill it up ; but he may postpone the Election on good reasons, and more particularly if the President should find it Inconvenient to the Society, to hasten the Same ; but I conceive that the Council being Officers that are cncerned in the Government of the Society, the Court of Kings Bench may on Motion (which cant be done till Next Term) grant a Mandamus to the President, to proceed to an Election to fill up the Vacancy, and then the President must proceed to an Election, unless he can Shew good Cause to the Contrary ; but I dont know any instance where the Kings Bench has done it in this Case.
5.Q. By the Proviso in this Statute, I conceive Foreigners etc are Obliged to make the usual payments according to the Statutes, unless dispenced withal by the Council.
J ffortescue
12 July 1728 ' |