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AN APPEAL TO THE STATUTES.

Has Dr. Hampden the right of stopping Divinity Degrees ? That is to say, is
the consent of the Regius Professor of Divinity necessary for obtaining a Divinity
Degree ?
This is a simple question of fact, and must be decided by an appeal to the
Statutes. The Regius Professor is what the Statutes of the University make him,
and nothing more. No vague undefinable powers belong to him simply from his
title of Regius Professor. The title of itself confers nothing : whatever powers may
accompany it must depend upon academical law for their existence.
Do the Statutes of the University then give the Regius Professor this power?
They do not. Any one may satisfy himself on this head by merely looking over the
Statutes relating to the subject. From the Exercises in the Schools in the first
instance, up to the granting of the grace in Congregation, to the Presentation, and
the Degree, they do not once mention or imply such a right, as belonging to the
Regius Professor.
1. The Statute which regulates the performance of the Exercises for Divinity
Degrees is as follows : — Tit. VI. Sect. vi.
§. 2. Exercitia pro Gradu Baccalaurei in Theologia preestanda.
Statutum est, quod is, qui ad Gradum Baccalaurei in S. Theologia promoveri cupit,
priusquam Gratiam proponat, bis in disputationibus Theologicis pro Forma Opponents
principalis, (id est, primo vel secundo loco di.iputantis) munere perfunctus fuerit, et semel
per duas horas in Schola Theologica pro Forma responderit.
Quodque ante hujusmodi Disputationes, Quaestiones, una cum nominibus Opponentium
et Respondentis, per septem dies integros significentur, programmate affixo valvis utriusque
exterioris Portte Scholarum, ac insuper muris Collegii Omnium Animarum, et Oriel, qua
Australia et Occidentalis parietes Plateam versus in angulos coeunt.

This Statute, which was formally re-enacted in 1833, is the one upon which
the Exercises for Divinity Degrees now rest. And this Statute, so far as the letter
is concerned at any rate, does not give the powers, now claimed, to the Regius
Professor — for one plain reason — that it does not once mention his name throughout.
But let us allow it to be interpreted by an ancient one, (Tit. viii.) abrogated
now, which speaks of the Regius Professor as " moderator," in the ordinary
theological disputations, of which the disputation ary exercises for Divinity Degrees
are supposed by some to have been a branch. It then simply remains to see
what the meaning of the word "moderator" is. Dr. Johnson, citing the old
authorities, gives it,
" One who presides in a disputation to restrain the contending parties from
indecency, and confine them to the question.
' How does he seasonably commit the opponent with the respondent, like a long-
practised moderator.' More."
The part of " moderating" then only gives the Regius Professor certain
regulating and managing functions with respect to the Disputations which are held
far the Degree : it gives him no sort of power as to granting or withholding the
Degree itself. The office of moderator in the Exercises is wholly distinct from that
of Judge of the Degree, and therefore the Regius Professor has clearly no control
over the Degree, so far as this stage of the proceedings is concerned.
2. After the performance of the Exercises comes the Supplication for the
Grace in Congregation. And here, again, Congregation is the sole arbiter. The
three parties which compose Congregation, viz. the Majority of Regents, the Vice-
Chancellor, and the Proctors, grant the grace. And all that any other party, be he
Regius Professor of Divinity, or any one else, can do, is to suspend the Degree
three times : after which, he is obliged to give his reason for doing so, and the
validity of this reason is decided on by Congregation. — Corpus Statutorum, p. 83.
3. With respect to the Presentation of the Divinity Candidate, there is no
ground whatever for making the Regius Professor of Divinity the necessary
Presentor. His name is not mentioned in the Statute regulations on this point.
The Professorships of the other departments, too, are not invested with any such
privilege ; and why should it attach to the Divinity Professorship more than to the
others. — Corpus Stat. p. 94.
4. The form of conferring the Degree is performed by the Vice-Chancellor
solely.

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